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And all other territories over which the Philippines has sovereignty or jurisdiction
Consisting of its
Terrestrial
Aerial domains
Including its
Territorial sea
The seabed
The waters
Around
Between and
Connecting
Definition of Archipelago
The Philippine archipelago is that body of water studded with islands which is
delineated in the Treaty of Paris (1898), as amended by the Treaty of Washington (1900)
and the Treaty of Great Britain (1930).
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P O L I T I C A L L A W ( CONSTITUTIONAL LAW REVIEWER & MEMORY AID)
ATENEO CENTRAL BAR OPERATIONS 2002
Carrie Bee, Aldrich, She, Cayo
Definition of “all other territories over which the Philippines has sovereignty or
jurisdiction”
It includes any territory that presently belongs or might in the future belong to the
Philippines through any of the internationally accepted modes of acquiring territory.
Archipelagic principle
Two elements:
3. Exclusive economic zone - 200 n.m. from the baseline [includes (1) and (2)]
Selected principles
A Community of persons;
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ATENEO CENTRAL BAR OPERATIONS 2002
Carrie Bee, Aldrich, She, Cayo
Sufficient in Number;
Definition of “Sovereignty”
LEGAL sovereignty
POLITICAL sovereignty
Sovereignty is the property of the state-force due to which it has the exclusive
capacity of legal self-determination and self-restriction.
INTERNAL sovereignty:
EXTERNAL sovereignty:
Definition of “Government”
5. or which are imposed upon the people forming that society by those who possess
the power or authority of prescribing them.
Classification of governments
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P O L I T I C A L L A W ( CONSTITUTIONAL LAW REVIEWER & MEMORY AID)
ATENEO CENTRAL BAR OPERATIONS 2002
Carrie Bee, Aldrich, She, Cayo
1. De facto proper
It is one wherein all government authority emanates from the people and is exercised by
representatives chosen by the people.
This merely emphasizes that the Philippines has some aspects of direct democracy such
as initiative and referendum.
1. Right of an alien to be released on bail while awaiting deportation when his failure to
leave the country is due to the fact that no country will accept him (Mejoff v. Director
of Prisons, 90 Phil. 70)
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P O L I T I C A L L A W ( CONSTITUTIONAL LAW REVIEWER & MEMORY AID)
ATENEO CENTRAL BAR OPERATIONS 2002
Carrie Bee, Aldrich, She, Cayo
2. The right of a country to establish military commissions to try war criminals (Kuroda
v. Jalondoni, 83 Phil. 171)
3. The Vienna Convention on Road Signs and Signals (Agustin v. Edu, 88 SCRA 195)
This does not mean automatic diplomatic recognition of all nations. Diplomatic
recognition remains a matter of executive discretion.
SEC 3. Civilian authority is, at all times, supreme over the military. The Armed
Forces of the Philippines is the protector of the people and the State. Its goal is to
secure the sovereignty of the State and the integrity of the national territory.
Civilian authority simply means the supremacy of the law because authority, under our
constitutional system, can only come from law.
1. Positively, this clause singles out the military as the guardian of the people and of the
integrity of the national territory and therefore ultimately of the majesty of the law.
SEC 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.
SEC. 5. The maintenance of peace and order, the protection of life, liberty and
property, and the promotion of the general welfare are essential for the enjoyment
by all the people of the blessings of democracy.
SEC. 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.
1. National sovereignty
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Carrie Bee, Aldrich, She, Cayo
2. Territorial integrity
3. National interest
4. Right to self-determination
SEC. 8. The Philippines, consistent with the national interest, adopts and pursues
a policy of freedom from nuclear weapons in its territory.
2. The policy does NOT prohibit the peaceful uses of nuclear energy.
SEC. 12. The State recognizes the sanctity of family life and shall protect and
strengthen the family as a basic autonomous social institution. It shall equally
protect the life of the mother and the life of the unborn from conception. etc.
2. It is not an assertion that the life of the unborn is placed exactly on the level
of the life of the mother. Hence, when it is necessary to save the life of the
mother, the life of the unborn may be sacrificed.
3. Under this provision, the Roe v. Wade doctrine allowing abortion up to the 6th
month of pregnancy cannot be adopted in the Philippines because the life of
the unborn is protected from the time of conception.
SEC. 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.
1. While the right to a balanced and healthful ecology is found under the
declaration of Principle and State Policies and not under the Bill of Rights, it
does not follow that it is less important than any of the civil and political rights
enumerated in the latter. (Oposa v. Factoran)
2. The right to a balanced and healthful ecology carries with it the correlative
duty to refrain from impairing the environment. (Oposa v. Factoran)
SEC. 26. The State shall guarantee equal access to opportunities for public
service, and prohibit political dynasties as may be defined by law.
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P O L I T I C A L L A W ( CONSTITUTIONAL LAW REVIEWER & MEMORY AID)
ATENEO CENTRAL BAR OPERATIONS 2002
Carrie Bee, Aldrich, She, Cayo
SEC. 27. The State shall maintain honesty and integrity in the public service and
take positive and effective measures against graft and corruption.
SEC. 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.
Section 1. No person shall be deprived of life, liberty or property without due process of law,
nor shall any person be denied the equal protection of the laws.
2) By the Constitution
7) As they shall judge to be for the good and welfare of the commonwealth and of the
subjects of the same.
Due process of law contemplates notice and opportunity to be heard before judgment is
rendered affecting one’s person or property (Lopez v. Dir. of Lands)
Due process depends on circumstances; it varies with the subject matter and the
necessities of the situation.
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Carrie Bee, Aldrich, She, Cayo
1. The right to a hearing, which includes the right to present one’s case
and submit evidence in support thereof.
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.
Note:
Violation of due process: when same person reviews his own decision on appeal.
Notice and hearing are required in judicial and quasi-judicial proceedings, but not
in the promulgation of general rule.
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Carrie Bee, Aldrich, She, Cayo
2. The student shall have the right to answer the charges against him,
with the assistance of counsel if desired.
3. The student has the right to be informed of the evidence against him.
4. The student has the right to adduce evidence in his own behalf.
Note:
The school has a contractual obligation to afford its students a fair opportunity to
complete the course a student has enrolled for.
Exceptions:
a. Serious breach of discipline; or
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P O L I T I C A L L A W ( CONSTITUTIONAL LAW REVIEWER & MEMORY AID)
ATENEO CENTRAL BAR OPERATIONS 2002
Carrie Bee, Aldrich, She, Cayo
The right to counsel is a very basic requirement of substantive due process and
has to be observed even in administrative and quasi-judicial bodies.
The right to appeal is a statutory privilege that may be exercised only in the
manner in accordance with law, except for the minimum appellate jurisdiction
of the Supreme Court provided in Article VIII Section 5 of the Constitution,
which may not be increased or reduced by law.
2. The MEANS employed are necessary for the accomplishment of the purpose
and not unduly oppressive upon individuals.
The equality that it guarantees is legal equality or the equality of all persons before the
law.
It merely requires that all persons shall be treated alike, under like circumstances and
conditions both as to privileges conferred and liabilities enforced.
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P O L I T I C A L L A W ( CONSTITUTIONAL LAW REVIEWER & MEMORY AID)
ATENEO CENTRAL BAR OPERATIONS 2002
Carrie Bee, Aldrich, She, Cayo
Requisites for valid classification for purposes of the equal protection clause
The classification must: CODE: SGEE
Section 2. The right of the people to be secure in their persons, houses, papers, and effects
against unreasonable searches and seizures of whatever nature and for any purpose shall be
inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause
to be determined personally by the judge after examination under oath or affirmation of the
complainant and the witnesses he may produce, and particularly describing the place to be
searched and the person or things to be seized.
General Rule: Search and seizures are unreasonable UNLESS authorized by a validly
issued search warrant or warrant of arrest
3. The judge must EXAMINE UNDER OATH the complainant and the witnesses
he may produce.
Probable cause refers to such facts and circumstances which would lead
a reasonably discreet and prudent man to believe that an offense has been
committed by the person sought to be arrested.
Probable cause would mean such facts and circumstances which would
lead a reasonably discreet and prudent man to believe that an offense has been
committed and that the objects sought in connection with the offense are in the
place to be searched.
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P O L I T I C A L L A W ( CONSTITUTIONAL LAW REVIEWER & MEMORY AID)
ATENEO CENTRAL BAR OPERATIONS 2002
Carrie Bee, Aldrich, She, Cayo
Note: Probable cause for the issuance of a search warrant does NOT require that the
probable guilt of a specific offender be established, unlike in the case of a warrant of
arrest.
The judge is NOT required to personally examine the complainant and his
witnesses. What the Constitution underscores is the exclusive and personal
responsibility of the issuing judge to satisfy himself of the existence of probable cause
(Soliven v. Makasiar, 167 SCRA 394).
Procedure:
The judge personally evaluates the report and supporting documents submitted by the
fiscal regarding the existence of probable cause and, on the basis thereof, issue a
warrant of arrest or
If on the basis thereof, the judge finds no probable cause, he may disregard the fiscal’s
report and require the submission of supporting affidavits of witnesses to aid him in
arriving at the conclusion as to the existence of probable cause.
1. The oath required must refer to the truth of the facts within the personal knowledge
of the complainant or his witnesses because the purpose is to convince the judge of
the existence of probable cause (Alvarez v. CFI, 64 Phil. 33).
2. The true test of sufficiency of an affidavit to warrant the issuance of a search warrant
is whether it has been drawn in such a manner that perjury could be charged thereon
and affiant be held liable for the damages caused (Alvarez v. CFI).
1. A search warrant may be said to particularly describe the things to be seized when
the description therein is as specific as the circumstances will ordinarily allow
or
2. When the description expresses a conclusion of fact – not of law – by which the
warrant officer may be guided in making the search and seizure or
3. When the things described are limited to those which bear a direct relation to
the offense for which the warrant is being issued (Bache and Co. v. Ruiz, 37 SCRA
823).
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P O L I T I C A L L A W ( CONSTITUTIONAL LAW REVIEWER & MEMORY AID)
ATENEO CENTRAL BAR OPERATIONS 2002
Carrie Bee, Aldrich, She, Cayo
GENERAL WARRANT
A general warrant is one that does not allege any specific acts or omissions
constituting the offense charged in the application for the issuance of the warrant. It
contravenes the explicit demand of the Bill of Rights that the things to be seized be
particularly described.
i. Any money or property found upon his person which was used in the
commission of the offense or
iii. Which might furnish the prisoner with the means of committing
violence or escaping or
B. The search must be made simultaneously with the arrest and it may only be
made in the area within the reach of the person arrested
A. The Tariffs and Customs Code authorizes persons having police authority
under the Code to effect search and seizures without a search warrant to
enforce customs laws.
C. Searches under this exception include searches at borders and ports of entry.
Searches in these areas do not require the existence of probable cause
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ATENEO CENTRAL BAR OPERATIONS 2002
Carrie Bee, Aldrich, She, Cayo
A. To be a valid warrantless search, the articles must be open to the eye and
hand.
B. The peace officer comes upon them inadvertently, and he must have a right
to be at the place at the time when he chances upon the articles.
Waiver of right
C. Waiver requires a positive act from the person. Mere absence of opposition is
not a waiver.
D. The search made pursuant to the waiver must be made within the scope of
the waiver.
Others
The purpose of this limited search is not to discover evidence of a crime but
to allow the officer to pursue his investigation without risk of
violence.
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P O L I T I C A L L A W ( CONSTITUTIONAL LAW REVIEWER & MEMORY AID)
ATENEO CENTRAL BAR OPERATIONS 2002
Carrie Bee, Aldrich, She, Cayo
Note:
Carroll rule: warrantless search of a vehicle that can be quickly moved out of the
locality or jurisdiction
The 1987 Constitution has returned to the 1935 rule that warrants may be issued
only by judges, but the Commissioner of Immigration may order the arrest of
an alien in order to carry out a FINAL deportation order.
When an offense has in fact just been committed and the arresting officer has probable
cause to believe based on personal knowledge of facts and circumstances indicating
that the person to be arrested has committed it.
When the person to be arrested is a prisoner who has escaped from a penal
establishment or place where he is serving final judgment or temporarily confined
while his case is pending, or has escaped while being transferred from one
confinement to another.
When a person who is detained applies for bail, he is deemed to have waived
any irregularity which may have occurred in relation to his arrest. However, if the
accused puts up bail before he enters a plea, he is not barred from later
questioning the legality of his arrest.
Hot pursuit
A. The pursuit of the offender by the arresting officer must be continuous from the
time of the commission of the offense to the time of the arrest.
B. There must be no supervening event which breaks the continuity of the chase.
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ATENEO CENTRAL BAR OPERATIONS 2002
Carrie Bee, Aldrich, She, Cayo
find, however, a weapon on the suspect which is unlicensed, he can arrest such
person then and there for having committed an offense in the officer’s presence.
(2) Any evidence obtained in violation of this or the preceding section shall be inadmissible
for any purpose in any proceedings.
1. The law does not distinguish between a party to the private communication or a third
person. Hence, both a party and a third person could be held liable under R.A. 4200
if they commit any of the prohibited acts under R.A. 4200 (Ramirez v. Ca)
Exclusionary rule:
Any evidence obtained shall be inadmissible for any purpose in any proceeding.
Section 4. No law shall be passed abridging the freedom of speech, of expression, or of the
press, or of the right of the people peaceably to assemble and petition the government for
redress of grievances.
Protected speech includes every form of expression, whether oral, written, tape or
disc recorded. It includes motion pictures as well as what is known as symbolic speech
such as the wearing of an armband as a symbol of protest.
Peaceful picketing has also been included within the meaning of speech.
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P O L I T I C A L L A W ( CONSTITUTIONAL LAW REVIEWER & MEMORY AID)
ATENEO CENTRAL BAR OPERATIONS 2002
Carrie Bee, Aldrich, She, Cayo
Prior restraint means official governmental restrictions on the press or other forms of
expression in advance of actual publication or dissemination.
a. movie censorship
c. license taxes based on gross receipts for the privilege of engaging in the
business of advertising in any newspaper
a. During a war. Ex. Government can prevent publication about the number/locations
of its troops (Near v. Minnesota, 238 US 697)
b. Obscene publications.
TEST CRITERION
2. Clear and Present Danger Test There should be a clear and present danger
that the words when used under such
circumstances are of such a nature as to
create a CLEAR AND PRESENT DANGER
that they will bring about the substantive
evils that the State has a right to prevent.
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P O L I T I C A L L A W ( CONSTITUTIONAL LAW REVIEWER & MEMORY AID)
ATENEO CENTRAL BAR OPERATIONS 2002
Carrie Bee, Aldrich, She, Cayo
Freedom of Speech
The doctrine on freedom of speech was formulated primarily for the protection of
“core” speech, i.e. speech which communicates political, social or religious ideas.
These enjoy the same degree of protection.
Commercial Speech
2. To enjoy protection:
Unprotected Speech
1. LIBEL
A. FAIR COMMENT (U.S. Rule). These are statements of OPINION, not of fact,
and are not considered actionable, even if the words used are neither mild nor
temperate. What is important is that the opinion is the true and honest opinion of
the person. The statements are not used to attack personalities but to give one’s
opinion on decisions and actions.
2. OBSCENITY
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ATENEO CENTRAL BAR OPERATIONS 2002
Carrie Bee, Aldrich, She, Cayo
iii. Whether the work, taken as a whole, lacks serious literary, artistic,
political or scientific value.
ii. Court must be convinced that the materials are obscene. Apply
clear and present danger test.
1. The standards for allowable impairment of speech and press also apply to the right
of assembly and petition.
Applicant should inform the licensing authority of the date, the public place where
and the time when the assembly will take place.
The application should be filed ahead of time to enable the public official
concerned to appraise whether there are valid objections to the grant of
the permit or to its grant, but in another public place. The grant or refusal
should be based on the application of the Clear and Present Danger Test.
If the public authority is of the view that there is an imminent and grave danger of
a substantive evil, the applicants must be heard on the matter.
Only the consent of the owner of the property or person entitled to possession
thereof is required.
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P O L I T I C A L L A W ( CONSTITUTIONAL LAW REVIEWER & MEMORY AID)
ATENEO CENTRAL BAR OPERATIONS 2002
Carrie Bee, Aldrich, She, Cayo
Non-establishment clause
The non-establishment clause does not depend upon any showing of direct
governmental compulsion. It is violated by the enactment of laws which establish an
official religion whether those laws operate directly to coerce non-observing
individuals or not.
The test of compliance with the non-establishment clause can be stated as follows: What
are the purposes and primary effect of the enactment? If either is the advancement or
inhibition of religion, the law violates the non-establishment clause.
Thus, in order for a law to comply with the non-establishment clause, two requisites
must be met. First, it has a secular legislative purpose. Second, its primary effect
neither advances nor inhibits religion.
The free exercise of religion clause withdraws from legislative power the exertion of
any restraint on the free exercise of religion. In order to show a violation of this
clause, the person affected must show the coercive effect of the legislation as it
operates against him in the practice of his religion.
While the freedom to believe (non-establishment) is absolute, the moment such belief
flows over into action, it becomes subject to government regulation.
2. It must have a primary effect that neither advances nor inhibits religion;
Section 6. The liberty of abode and of changing the same within the limits prescribed by
law shall not be impaired except upon lawful order of the court. Neither shall the right to
travel be impaired except in the interest of national security, public safety or public health, as
may be provided by law.
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P O L I T I C A L L A W ( CONSTITUTIONAL LAW REVIEWER & MEMORY AID)
ATENEO CENTRAL BAR OPERATIONS 2002
Carrie Bee, Aldrich, She, Cayo
Curtailment of rights:
1. Liberty of abode Lawful order of the court and within the limits
prescribed by law.
Note: The right to travel and the liberty of abode are distinct from the right to return to
one’s country, as shown by the fact that the Declaration of Human Rights and the
Covenant on Human Rights have separate guarantees for these. Hence, the right to
return to one’s country is not covered by the specific right to travel and liberty of abode.
(Marcos v. Manglapus)
Section 7. The right of the people to information on matters of public concern shall be
recognized.
Discretion of government
The government has discretion with respect to the authority to determine what matters
are of public concern and the authority to determine the manner of access to them.
2. Intelligence information
3. Trade secrets
4. Banking transactions
5. Diplomatic correspondence
6. Executive sessions
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P O L I T I C A L L A W ( CONSTITUTIONAL LAW REVIEWER & MEMORY AID)
ATENEO CENTRAL BAR OPERATIONS 2002
Carrie Bee, Aldrich, She, Cayo
Section 8. The right of the people, including those employed in the public and private
sectors, to form unions, associations, or societies for purposes not contrary to law, shall not be
abridged.
The right to form associations shall not be impaired without due process of law and is
thus an aspect of the right of liberty. It is also an aspect of the freedom of contract.
In addition, insofar as the associations may have for their object the advancement of
beliefs and ideas, the freedom of association is an aspect of the freedom of speech and
expression, subject to the same limitation.
Government employees have the right to form unions. They also have the right to strike,
unless there is a statutory ban on them.
Section 9. Private property shall not be taken for public use without just compensation.
a. Congress
It is only necessary when the owner does not want or opposes the sale of his property.
Thus, if a valid contract exists between the government and the owner, the government
cannot exercise the power of eminent domain as a substitute to the enforcement of the
contract.
Elements of the power of eminent domain
"TAKING"
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Carrie Bee, Aldrich, She, Cayo
A. Elements: CODE: E P A P O
2. The entrance must not be for a momentary period, i.e., it must be permanent
5. Utilization of the property must be in such a way as to oust the owner and
deprive him of the beneficial enjoyment of his property.
B. Compensable taking does not need to involve all the property interests which
form part of the right of ownership. When one or more of the property rights
are appropriated and applied to a public purpose, there is already a
compensable taking, even if bare title still remains with the owner.
"PUBLIC USE"
"JUST COMPENSATION"
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P O L I T I C A L L A W ( CONSTITUTIONAL LAW REVIEWER & MEMORY AID)
ATENEO CENTRAL BAR OPERATIONS 2002
Carrie Bee, Aldrich, She, Cayo
However, if it is any other property such a public buildings or legua comunal held by the
municipality for the State in trust for the inhabitants, the State is free to dispose of it at
will.
General rule: The value must be that as of the time of the filing of the complaint for
expropriation.
Exception: When the filing of the case comes later than the time of taking and
meanwhile the value of the property has increased because of the use to which the
expropriator has put it, the value is that of the time of the earlier taking. BUT if the value
increased independently of what the expropriator did, then the value is that of the latter
filing of the case.
1) If it changes the terms and conditions of a legal contract either as to the time or
mode of performance
3) If it authorizes for its satisfaction something different from that provided in its terms.
A mere change in PROCEDURAL REMEDIES which does not change the substance of
the contract, and which still leaves an efficacious remedy for enforcement does NOT
impair the obligation of contracts.
Section 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance
shall not be denied to any person by reason of poverty.
Section 12. Rights of person under investigation for the commission of an offense.
2) Right to have competent and independent counsel, preferably of his own choice
3) Right to be provided with the services of counsel if he cannot afford the services of
one.
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P O L I T I C A L L A W ( CONSTITUTIONAL LAW REVIEWER & MEMORY AID)
ATENEO CENTRAL BAR OPERATIONS 2002
Carrie Bee, Aldrich, She, Cayo
When a person is otherwise deprived of his freedom of action in any significant way.
When the investigation is being conducted by the government (police, DOJ, NBI) with
respect to a criminal offense.
Exclusionary rule
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P O L I T I C A L L A W ( CONSTITUTIONAL LAW REVIEWER & MEMORY AID)
ATENEO CENTRAL BAR OPERATIONS 2002
Carrie Bee, Aldrich, She, Cayo
2) Persons CONVICTED by the trial court. Bail is only discretionary pending appeal.
The right to bail shall NOT be impaired even when the privilege of the writ of habeas
corpus is suspended.
1. The person claiming the right must be in actual detention or custody of the law.
2. The constitutional right is available only in criminal cases, not, e.g. in deportation
proceedings.
Note:
2. Apart from bail, a person may attain provisional liberty through recognizance, which
is an obligation of record entered into before a court guaranteeing the appearance of
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P O L I T I C A L L A W ( CONSTITUTIONAL LAW REVIEWER & MEMORY AID)
ATENEO CENTRAL BAR OPERATIONS 2002
Carrie Bee, Aldrich, She, Cayo
the accused for trial. It is in the nature of a contract between the surety and the
state.
4. Right to be informed of the nature and cause of the accusation against him
7. Right to have compulsory process to secure the attendance of witnesses and the
production of evidence in his behalf
“DUE PROCESS”
This means that the accused can only be convicted by a tribunal which is required to
comply with the stringent requirements of the rules of criminal procedure.
“PRESUMPTION OF INNOCENCE”
The Constitution does not prohibit the legislature from providing that proof of certain
facts leads to a prima facie presumption of guilt, provided that the facts proved have a
reasonable connection to the ultimate fact presumed.
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P O L I T I C A L L A W ( CONSTITUTIONAL LAW REVIEWER & MEMORY AID)
ATENEO CENTRAL BAR OPERATIONS 2002
Carrie Bee, Aldrich, She, Cayo
Note, that trial in absentia is allowed only if the accused has been validly
arraigned.
The accused may waive the right to be present at the trial by not showing up.
However, the court can still compel the attendance of the accused if
necessary for identification purposes.
2. Right to counsel
(b) If the accused appears at arraignment without counsel, the judge must:
(i) Inform the accused that he has a right to a counsel before arraignment
(iii) If the accused desires counsel, but cannot afford one, a counsel de oficio
must be appointed
(iv) If the accused desires to obtain his own counsel, the court must give him
a reasonable time to get one.
1) To furnish the accused with a description of the charge against him as will enable
him to make his defenses
2) To avail himself of his conviction or acquittal against a further prosecution for the
same cause
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P O L I T I C A L L A W ( CONSTITUTIONAL LAW REVIEWER & MEMORY AID)
ATENEO CENTRAL BAR OPERATIONS 2002
Carrie Bee, Aldrich, She, Cayo
If the information fails to allege the material elements of the offense, the accused cannot
be convicted thereof even if the prosecution is able to present evidence during the trial
with respect to such elements.
The real nature of the crime charged is determined from the recital of facts in the
information. It is not determined based on the caption or preamble thereof nor from the
specification of the provision of law allegedly violated.
Factors used in determining whether the right to a speedy trial has been violated
If the dismissal is valid, it amounts to an acquittal and can be used as basis to claim
double jeopardy. This would be the effect even if the dismissal was made with the
consent of the accused
Remedy of the accused if his right to speedy trial has been violated
If he is detained, he can file a petition for the issuance of writ of habeas corpus.
The attendance at the trial is open to all irrespective of their relationship to the accused.
However, if the evidence to be adduced is “offensive to decency or public morals”, the
public may be excluded.
The right of the accused to a public trial is not violated if the hearings are conducted on
Saturdays, either with the consent of the accused or if failed to object thereto.
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P O L I T I C A L L A W ( CONSTITUTIONAL LAW REVIEWER & MEMORY AID)
ATENEO CENTRAL BAR OPERATIONS 2002
Carrie Bee, Aldrich, She, Cayo
If the failure of the accused to cross-examine a witness is due to his own fault or was not
due to the fault of the prosecution, the testimony of the witness should not be excluded.
Section 16. All persons shall have the right to a speedy disposition of their cases before all
judicial, quasi-judicial, or administrative bodies.
While the rights of an accused only apply to the trial phase of criminal cases, the right to
a speedy disposition of cases covers ALL phases of JUDICIAL, QUASI-JUDICIAL or
ADMINISTRATIVE proceedings.
A question tends to incriminate when the answer of the accused or the witness would
establish a fact which would be a necessary link in a chain of evidence to prove the
commission of a crime by the accused or the witness.
1. An accused can refuse to take the witness stand by invoking the right against self-
incrimination.
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2. An ordinary witness cannot refuse to take the stand. He can only refuse to answer
specific questions which would incriminate him in the commission of an offense.
Scope of right
2. The right does NOT PROHIBIT the examination of the body of the accused or the
use of findings with respect to his body as physical evidence. Hence, the
fingerprinting of an accused would not violate the right against self-incrimination.
However, obtaining a sample of the handwriting of the accused would violate this right if
he is charged for falsification.
1. In criminal cases
Only natural persons. Judicial persons are subject to the visitorial powers of the state in
order to determine compliance with the conditions of the charter granted to them.
Exceptions:
1. Punishment for a crime for which the party has been duly convicted
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1. A penalty is cruel and inhuman if it involves torture or lingering suffering. Ex. Being
drawn and quartered.
Standards used:
4. It must not be excessive, i.e. it must serve a penal purpose more effectively than a
less severe punishment would.
Excessive fine
Note: Fr. Bernas says that the accused cannot be convicted of the crime to which the
punishment is attached if the court finds that the punishment is cruel, degrading or
inhuman.
Reason: Without a valid penalty, the law is not a penal law.
Section 20. No person shall be imprisoned for debt or non-payment of a poll tax.
2) Thus, if an accused fails to pay the fine imposed upon him, this may result in his
subsidiary imprisonment because his liability is ex delicto and not ex contractu.
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Section 21. No person shall be twice put in jeopardy of punishment for the same offense. If
an act punished by a law and an ordinance, conviction or acquittal under either shall
constitute a bar to another prosecution for the same act.
First Sentence: No person shall be twice put in jeopardy of punishment for the
same offense.
Under the first kind of jeopardy, conviction, acquittal, or dismissal of the case without the
express consent of the accused will bar a subsequent prosecution.
Under the second kind of jeopardy, only conviction or acquittal – not dismissal without
the express consent of the accused – will bar a subsequent prosecution.
3) The second jeopardy must be for the same offense, one that includes or is
necessarily included in the first offense, or is an attempt or frustration of the first, or
is an element thereof.
1) A person is charged
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If, upon pleading guilty, the accused presents evidence of complete self-defense, and
the court thereafter acquits him without entering a new plea of not guilty for accused.
If the information for an offense cognizable by the RTC is filed with the MTC.
1) Acquittal
2) Conviction
Dismissal based on violation of the right to a speedy trial. This amounts to an acquittal.
1) Exact identity between the offenses charged in the first and second cases.
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Note: where a single act results in the violation of different laws or different provisions of
the same law, the prosecution for one will not bar the other so long as none of the
exceptions apply.
Double jeopardy will result if the act punishable under the law and the ordinance are the
same. For there to be double jeopardy, it is not necessary that the offense be the same.
SUPERVENING FACTS
1) Under the Rules of Court, a conviction for an offense will not bar a prosecution for an
offense which necessarily includes the offense charged in the former information
where:
A. The graver offense developed due to a supervening fact arising from the
same act or omission constituting the former charge.
B. The facts constituting the graver offense became known or were discovered
only after the filing of the former information.
C. The plea of guilty to the lesser offense was made without the consent of the
fiscal and the offended party.
2) Under (1)(b), if the facts could have been discovered by the prosecution but were not
discovered because of the prosecution’s incompetence, it would not be considered a
supervening event.
If the accused appeals his conviction, he WAIVES his right to plead double jeopardy.
The whole case will be open to review by the appellate court. Such court may even
increase the penalties imposed on the accused by the trial court.
1) One which makes an action done before the passing of the law, and which was
innocent when done, criminal, and punishes such action.
2) One which aggravates the crime or makes it greater than when it was committed.
3) One which changes the punishment and inflicts a greater punishment than that
which the law annexed to the crime when it was committed.
4) One which alters the legal rules of evidence and receives less testimony than the
law required at the time of the commission of the offense in order to convict the
accused.
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5) One which assumes to regulate civil rights and remedies only BUT, in effect,
imposes a penalty or deprivation of a right, which, when done, was lawful.
6) One which deprives a person accused of a crime of some lawful protection to which
he has become entitled such as the protection of a former conviction or acquittal, or
a proclamation of amnesty.
Note: The prohibition on ex post facto laws only applies to retrospective PENAL laws.
Retrospective
2) The bill of attainder does not need to be directed at a specifically named person. It
may also refer to easily ascertainable members of a group in such a way as to inflict
punishment on them without judicial trial.
The penal burden is imposed DIRECTLY by the LAW W/O JUDICIAL trial.
ARTICLE IV – CITIZENSHIP
1) Those who are citizens of the Philippines at the time of the adoption of the 1987
Constitution
3) Those born before January 17, 1973 of Filipino mothers, who elect Philippine
citizenship upon reaching the age of majority.
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3) Naturalization – the legal act of adopting an alien and clothing him with the privilege
of a native-born citizen.
Prior to the 1973 Constitution, if a Filipina married an alien, she lost her Filipino
citizenship. Hence, her child would have to elect Filipino citizenship upon reaching the
age of majority.
Under the 1973 Constitution, however, children born of Filipino mothers were
already considered Filipinos. Therefore, the provision on election of citizenship under
the 1987 Constitution only applies to those persons who were born under the 1935
Constitution.
In order for the children to elect Filipino citizenship, the mothers must have been
Filipinos at the time of their marriage. So, if your mother was a Filipina who married an
alien under the 1935 constitution and you were born before January 17, 1973, you can
elect Filipino citizenship upon reaching the age of majority.
The election must be made within a reasonable period after reaching the age of majority.
Effects of naturalization:
1) The legitimate minor children of the naturalized father become Filipinos as well.
2) The wife also becomes a Filipino citizen, provided that she does not have any
disqualification which would bar her from being naturalized.
Natural-born citizens:
1) Citizens of the Philippines from birth who do not need to perform any act to acquire
or perfect their Philippine citizenship.
2) Those who elect Philippine citizenship under Art. IV, Sec. 1(3) of 1987 Constitution.
2) Exception: If, by their act or omission they are deemed, under the law, to have
renounced it.
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Re-acquisition of citizenship
Natural-born Filipinos who are deemed to have lost their citizenship may re-acquire the
same via repatriation proceedings. This involves taking an oath of allegiance and filing
the same with the civil registry.
2. By naturalization
3. By repatriation
ARTICLE V – SUFFRAGE
5) Resident of the place wherein he/she proposes to vote for at least 6 months
immediately preceding the election.
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Residency requirement
Disqualifications:
1) Any person sentenced by final judgment to imprisonment of not less than 1 year,
which disability has not been removed by plenary pardon.
2) Any person adjudged by final judgment of having violated his allegiance to the
Republic of the Philippines.
Note Under the 2nd disqualification, the right to vote is automatically re-acquired upon
the expiration of 5 years after the service of sentence.
SEC. 1. The legislative power shall be vested in the Congress of the Philippines, which shall
consist of a Senate and a House of Representatives, except to the extent reserved to the people
by the provision on initiative and referendum.
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Note:
The original legislative power of the people is exercised via initiative and referendum. In
this manner, people can directly propose and enact laws, or approve or reject any act or
law passed by Congress or a local government unit.
2. Procedural – limitations on the manner of passing laws. E.g. generally a bill must go
through three readings on three separate days.
Note:
Provided that these two limitations are not exceeded, Congress’ legislative power
is plenary.
1. Congress cannot pass irrepealable laws. Since Congress’ powers are plenary, and
limited only by the Constitution, any attempt to limit the powers of future Congresses
via an irrepealable law is not allowed.
2. Congress, as a general rule, cannot delegate its legislative power. Since the people
have already delegated legislative power to Congress, the latter cannot delegate it
any further.
EXCEPTIONS:
2. Instances when the Constitution itself allows for such delegation [see Art. VI Sec.
23(2)]
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Composition
24 senators who shall be elected at large by the qualified voters of the Philippines, as
may be provided by law.
Qualifications
1. Natural-born citizen;
5. Philippine resident for at least 2 years immediately preceding the day of the election.
Note: The qualifications of both Senators and Members of the House are limited to
those provided by the Constitution. Congress cannot, by law, add or subtract from these
qualifications.
Term of Office:
6 years, commencing (unless otherwise provided by law) at noon, 30 June next following
their election.
Term Limitations:
2. 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.
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Composition:
1. Not more than 250 members, unless otherwise fixed by law; and
2. Party-list Representatives
1. They shall be elected from legislative districts apportioned among the provinces,
cities and the Metropolitan Manila area.
Qualifications
5. A resident of such district for at least one year immediately preceding the day of the
election.
Term of Office
1. Each member of the House shall be elected for a term of three (3) years which shall
commence (unless otherwise provided for by law) at noon on 30 June next following
their election.
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2. 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.
Term Limitations
No member of the House of Representatives shall serve for more than three (3)
consecutive terms.
1. Definition
a. Terms means the period during which the elected officer is legally authorized
to assume his office and exercise the powers thereof.
b. Tenure is the actual period during which such officer actually holds his
position.
2. Limitation/Possible Reduction
Party-List Representatives
1. Constitute 20% of the total number of representatives, including those under the
party-list system (thus a maximum of 50 party-list members of the House)
2. However, for 3 consecutive terms from 2 February 1987 (i.e., the 1987-92, 92-95 and
95-98 terms), 25 seats shall be allotted to sectoral representatives. Under Art. XVIII,
Sec. 7, the sectoral representatives are to be appointed by the President until
legislation otherwise provides.
c. The number of seats that each organization gets out of the 20% allotted to
the system depends on the number of votes they get.
4. Qualifications
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Determination of Salaries:
No increase in their salaries shall take effect until after the EXPIRATION OF THE
FULL TERM (NOT TENURE) OF ALL THE MEMBERS OF THE SENATE AND THE
HOUSE OF REPRESENTATIVES APPROVING SUCH INCREASE.
Note: Since the Constitution ‘provides for rules on “salaries” and not on ‘emoluments,’
our distinguished legislators can appropriate for themselves other sums of money such
as travel allowances, as well as other side ‘benefits.’
a. Legislators are privileged from arrest while Congress is “in session” with respect
to offenses punishable by up to 6 years of imprisonment. Thus, whether
Congress is in regular or special session, the immunity from arrest applies.
a. No member shall be questioned or held liable in any forum other than his/her
respective Congressional body for any debate or speech in the Congress or in
any Committee thereof.
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(i) Protection is only against forum other than Congress itself. Thus for
inflammatory remarks which are otherwise privileged, a member may be
sanctioned by either the Senate or the House as the case may be.
(iii) Congress need NOT be in session when the utterance is made, as long
as it forms part of ‘legislative action,’ i.e. part of the deliberative and
communicative process used to participate in legislative proceedings in
consideration of proposed legislation or with respect to other matters with
Congress’ jurisdiction.
SEC. 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.
Disqualifications:
1. Senator/Member of the House cannot During his term. If he does so, he forfeits
hold any other office or employment in the his seat.
Government or any subdivision, agency or
Instrumentality thereof, including GOCCS
or their subsidiaries.
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Regular Sessions:
1.) Congress convenes once every year on the 4th Monday of July (unless otherwise
provided for by law)
2.) Continues in session for as long as it sees fit, until 30 days before the opening of the
next regular session, excluding Saturdays, Sundays, and legal holidays.
Special Sessions:
3.) Each House may choose such other officers as it may deem necessary.
Election of Officers
Quorum to do business:
2. A smaller number may adjourn from day to day and may compel the attendance of
absent members.
3. In computing a quorum, members who are outside the country and thus outside of
each House’s coercive jurisdiction are not included.
Internal Rules:
2. Since this is a power vested in Congress as part of its inherent powers, under the
principle of separation of powers, the courts cannot intervene in the implementation
of these rules insofar as they affect the members of Congress.
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3. Also, since Congress has the power to make these rules, it also has the power to
ignore them when circumstances so require.
Discipline:
1.) Suspension
a. Concurrence of 2/3 of ALL its members and
b. Shall not exceed 60 days.
2.) Expulsion
a. Concurrence of 2/3 of ALL its members.
2.) BUT an enrolled bill prevails over the contents of the Journal.
3.) An enrolled bill is the official copy of approved legislation and bears the certifications
of the presiding officers of each House. Thus where the certifications are valid and
are not withdrawn, the contents of the enrolled bill are conclusive upon the courts as
regards the provision of that particular bill.
Adjournments:
1.) Neither House can adjourn for more than 3 days during the time Congress is in
session without the consent of the other House.
2.) Neither can they adjourn to any other place than that where the two houses are
sitting, without the consent of the other.
The Senate and the House shall each have an Electoral Tribunal which shall be
composed of:
Note: The congressional members of the ET’s shall be chosen on the basis of
proportional representation from the political parties and party-list organizations.
Jurisdiction:
1.) Each ET shall be the sole judge of all CONTESTS relating to the election, returns,
and qualifications of their respective members. This includes determining the validity
or invalidity of a proclamation declaring a particular candidate as the winner.
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2.) An ‘election contest’ is one where a defeated candidate challenges the qualification
and claims for himself the seat of a proclaimed winner.
However, the power of each House to expel its own members or even to defer their oath-
taking until their qualifications are determined may still be exercised even without an
election contest.
1.) Since the ET’s are independent constitutional bodies, independent even of the
House from which the members are respectively taken, neither Congress nor the
Courts may interfere with procedural matters relating to the functions of the ET’s,
such as the setting of deadlines or filing their election contests with the respective
ETs.
2.) The ETs being independent bodies, its members may not be arbitrarily removed from
their positions in the tribunal by the parties which they represent. Neither may they
be removed for not voting according to party lines, since they are acting
independently of Congress.
3.) The mere fact that the members of either the Senate or the House sitting on the ET
are those which are sought to be disqualified due to the filing of an election contest
against them does not warrant all of them from being disqualified from sitting in the
ET. The Constitution is quite clear that the ET must act with both members from the
SC and from the Senate or the House. If all the legislator-members of the ET were
to be disqualified, the ET would not be able to fulfill its constitutional functions.
4.) Judicial review of decisions of the ETs may be had with the SC only insofar as the
decision or resolution was rendered without or in excess of jurisdiction or with grave
abuse of discretion constituting denial of due process.
Composition:
Note: The 12 Senators and 12 Representatives are elected on the basis of proportional
representation from the political parties and party-list organizations.
Voting/Action
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2.) The CA shall act on all appointments within 30 session days from their submission to
Congress.
3.) The Commission shall rule by a majority vote of all the Members.
Jurisdiction
1.) CA shall confirm the appointments by the President with respect to the following
positions:
c. Officers of the AFP from the rank of Colonel or Naval Captain: and
d. Other officers whose appointments are vested in him by the Constitution (e.g.
COMELEC members).
2.) Congress CANNOT by law prescribe that the appointment of a person to an office
created by such law shall be subject to confirmation by the CA.
Meetings of the CA
2.) Meetings are held either at the call of the Chairman or a majority of all its members.
3.) Since the CA is also an independent constitutional body, its rules of procedure are
also outside the scope of congressional powers as well as that of the judiciary.
Note: The ET and the CA shall be constituted within 30 days after the Senate and the
House of Representative shall have been organized with the election of the President
and the Speaker.
Scope:
1. Either House or any of their committees may conduct inquires ‘in aid of legislation’.
2. “In aid of legislation” does not mean that there is pending legislation regarding the
subject of the inquiry. In fact, investigation may be needed for purposes of proposing
future legislation.
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Enforcement:
1. Since experience has shown that mere requests for information does not usually
work, Congress has the inherent power to punish recalcitrant witnesses for
contempt, and may have them incarcerated until such time that they agree to testify.
2. The continuance of such incarceration only subsists for the lifetime, or term, of such
body. Once the body ceases to exist after its final adjournment, the power to
incarcerate ceases to exist as well.
But if one is incarcerated by the Senate, it is indefinite because the Senate, with its
staggered terms, is a continuing body.
5. The power to punish for contempt is inherent in Congress and this power is sui
generis.
It cannot be exercised by local government units unless they are expressly authorized to
do so.
Limitations:
1. The inquiry must be conducted in accordance with the ‘duly published rules of
procedure’ of the House conducting the inquiry; and
1. Since members of the executive department are co-equals with those of the
legislative department, under the principle of separation of powers, department
heads cannot be compelled to appear before Congress. Neither may the
department heads impose their appearance upon Congress.
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a. Upon their own initiative, with the consent of the President (and that of the
House concerned); or
b. Upon the request of either House (which cannot compel them to attend)
2. Voting separately
Emergency powers:
1. During times of war or other national emergency, Congress may, BY LAW, authorize
the President to exercise powers necessary and proper to carry out a declared
national policy.
2. Limitations:
a. By resolution of Congress or
Bills that must originate from the House of Representatives (Section 24)
1. Appropriation bills
2. Revenue bills
3. Tariff bills
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6. Private bills
Note: The Senate may, however, propose or concur with amendments.
Appropriation bills
3. BUT: A bill creating a new office, and appropriating funds therefor is NOT an
appropriation bill.
Revenue Bill
2. Thus, a bill introducing a new tax is a revenue bill, but a provision in, for instance,
the Videogram Regulatory Board law imposing a tax on video rentals does not make
the law a revenue bill.
A bill of local application, such as one asking for the conversion of a municipality into a
city, is deemed to have originated from the House provided that the bill of the House was
filed prior to the filing of the bill in the Senate even if, in the end, the Senate approved its
own version.
Limitations:
c. The procedure in approving appropriations for Congress shall strictly follow the
procedure for approving appropriations for other departments and agencies.
d. A special appropriations bill must specify the purpose for which it is intended and
must be supported by funds actually available as certified by the National
Treasurer or to be raised by a corresponding revenue proposal therein.
e. Transfer of appropriations:
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ii. BUT the following 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
- President
ii. It will remain in full force and effect until the GAB is passed by Congress.
a. Every bill shall embrace only one (1) subject, as expressed in the title
thereof
i. As a mandatory requirement
ii. The title does not have to be a complete catalogue of everything stated in
the bill. It is sufficient if the title expresses the general subject of the bill
and all the provisions of the statute are germane to that general subject.
iii. A bill which repeals legislation regarding the subject matter need not state
in the title that it is repealing the latter. Thus, a repealing clause in the bill
is considered germane to the subject matter of the bill.
b. Readings
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1. In order to become a law, each bill must pass three (3) readings in both
Houses.
2. General rule: Each reading shall be held on separate days & printed copies
thereof in its final form shall be distributed to its Members three (3) days
before its passage.
4. First reading – only the title is read; the bill is passed to the proper
committee
Second reading – Entire text is read and debates are held, and amendments
introduced.
Third reading – only the title is read, no amendments are allowed. Vote
shall be taken immediately thereafter and the yeas and nays entered in the
journal.
1. Every bill, in order to become a law, must be presented to and signed by the
President.
2. If the President does not approve of the bill, he shall veto the same and return it with
his objections to the House from which it originated. The House shall enter the
objections in the Journal and proceed to reconsider it.
3. The President must communicate his decision to veto within 30 days from the date
of receipt thereof. If he fails to do so, the bill shall become a law as if he signed it.
4. This rule eliminates the ‘pocket veto’ whereby the President would simply refuse to
act on the bill.
5. To OVERRIDE the veto, at least 2/3 of ALL the members of each House must agree
to pass the bill. In such case, the veto is overriden and becomes a law without
need of presidential approval.
6. Item veto
a. The President may veto particular items in an appropriation, revenue or tariff bill.
b. This veto will not affect items to which he does not object.
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c. Definition of item
1. Revenue/tax bill Subject of the tax and the tax rate imposed thereon
d. Veto of RIDER
2. Since it is an invalid provision under Section 25(2), the President may veto it
as an item.
Limitations:
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
5) The due process and equal protection clauses of the Constitution should be
observed.
a) Tariff rates
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2) The exercise of such power by the President shall be within the specified limits fixed
by Congress and subject to such limitations and restrictions as it may impose.
a) Charitable institutions
c) Mosques
e) All lands, buildings and improvements actually, directly and exclusively used
for religious, charitable, or educational purposes.
b) BUT: This rule does not prohibit continuing appropriations. e.g. for debt
servicing. This is because the rule does not require yearly, or annual
appropriation.
2) Limitations.
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- government orphanage; or
- leprosarium
c) BUT the government is not prohibited from appropriating money for a valid
secular purpose, even if it incidentally benefits a religion, e.g. appropriations for a
national police force is valid even if the police also protects the safety of
clergymen.
d) ALSO, the temporary use of public property for religious purposes is valid, as
long as the property is available for all religions
3) Special Funds
1) Through the system of initiative and referendum, 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.
2) Required Petition
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Scope:
2) The scope of this power is set forth in Art. VII of the Constitution. But this power is
not limited to those set forth therein.
The SC, in Marcos v. Manglapus, referred to the RESIDUAL powers of the President as
the Chief Executive of the country, which powers include others not set forth in the
Constitution. EXAMPLE: The President is immune from suit and criminal prosecution
while he is in office.
3) Privilege of immunity from suit is personal to the President and may be invoked by
him alone. It may also be waived by the President, as when he himself files suit.
4) BUT The President CANNOT dispose of state property unless authorized by law.
Section 2. QUALIFICATIONS
2) Registered voter;
Note: The Vice-President has the same qualifications & term of office as the President.
He is elected with & in the same manner as the President. He may be removed from
office in the same manner as the President.
Manner of Election
1) The President and Vice-President shall be elected by direct vote of the people.
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2) Election returns for President and Vice-President, as duly certified by the proper
Board of Canvassers shall be forwarded to Congress, directed to the Senate
President.
3) Not later than 30 days after the day of the election, the certificates shall be opened in
the presence of both houses of Congress, assembled in joint public session.
4) The Congress, after determining the authenticity and due execution of the
certificates, shall canvass the votes.
5) The person receiving the highest number of votes shall be proclaimed elected.
Term of Office
1) President
b) Term limitation: Single term only; not eligible for any reelection.
c) Any person who has succeeded as President, and served as such for more than
4 years shall NOT be qualified for election to the same office at any time.
2) Vice-President:
c) Voluntary renunciation of the office for any length of time is NOT an interruption
in the continuity of service for the full term for which the Vice-President was
elected.
2) Salaries cannot be decreased during the TENURE of the President and the Vice-
President.
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3) Increases take effect only after the expiration of the TERM of the incumbent during
which the increase was approved.
4) Prohibited from receiving any other emolument from the government or any other
source during their TENURE
VACANCY SUCCESSOR
VACANCY SUCCESSOR
3) Vacancy in office of Vice-President during the term for which he was elected:
a) President will nominate new VP from any member of either House of Congress.
b) Nominee shall assume office upon confirmation by majority vote of ALL members
of both Houses, voting separately. (Nominee forfeits seat in Congress)
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a) Congress shall convene 3 days after the vacancy in the office of both the
President and the VP, without need of a call. The convening of Congress cannot
be suspended.
b) Within 7 days after convening, Congress shall enact a law calling for a special
election to elect a President and a VP. The special election cannot be
postponed.
c) The special election shall be held not earlier than 45 days not later than 60 days
from the time of the enactment of the law.
d) The 3 readings for the special law need not be held on separate days.
e) The law shall be deemed enacted upon its approval on third reading.
BUT: No special election shall be called if the vacancy occurs within 18 months
before the date of the next presidential election.
The temporary inability of the President to discharge his duties may be raised
in either of two ways:
In this case, the Vice-President will be Acting President until the President
transmits a written declaration to the contrary.
(iii) If within 5 days after the President re-assumes his position, the
majority of the Cabinet retransmits their written declaration, Congress
shall decide the issue. In this event, Congress shall reconvene within
48 hours if it is not in session, without need of a call.
6) Presidential Illness:
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b) Even during such illness, the National Security Adviser, the Secretary of
Foreign Affairs, and the Chief of Staff of the AFP are entitled to access to the
President
Spouses and 4th degree Cannot be appointed during President’s tenure as:
relatives of the President
(consanguinity or affinity) 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 GOCC’s and their subsidiaries.
N.B.
a. If the spouse, etc., was already in any of the
above offices at the time before his/her spouse
became President, he/she may continue in office.
What is prohibited is appointment and
reappointment, NOT continuation in office.
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Principles:
1) Since the power to appoint is executive in nature, Congress cannot usurp this
function.
2) While Congress (and the Constitution in certain cases) may prescribe the
qualifications for particular offices, the determination of who among those who are
qualified will be appointed is the President’s prerogative.
Scope:
3) Officers of AFP from rank of colonel or naval captain (CA confirmation needed).
N.B. President also appoints members of the Supreme Court and judges of
the lower courts, but these appointments do not need CA confirmation.
5) All other officers whose appointments are not otherwise provided for by law; and
those whom he may be authorized by law to appoint.
b) Congress may, by law, vest the appointment of other officers lower in rank in
the President alone or in the courts, or in the heads of departments,
agencies, boards or commissions.
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Procedure:
1) CA confirmation needed:
a) Nomination by President
b) Confirmation by CA
c) Appointment by President; and
d) Acceptance by appointee.
Note: At any time before all four steps have been complied with, the President can
withdraw the nomination/appointment.
2) No CA confirmation:
a) Appointment; and
b) Acceptance.
Note: Once appointee accepts, President can no longer withdraw the appointment.
Ad-interim appointments:
1) When Congress is in recess, the President may still appoint officers to positions
subject to CA confirmation.
2) These appointments are effective immediately, but are only effective until they are
disapproved by the CA or until the next adjournment of Congress.
3) Appointments to fill an office in an ‘acting’ capacity are NOT ad-interim in nature and
need no CA approval.
These shall remain effective UNLESS revoked by the elected President within 90 days
from his assumption or re-assumption of office.
Limitation
1) 2 months immediately before the next Presidential elections, and up to the end of his
term, the President or Acting President SHALL NOT make appointments. This is to
prevent the practice of ‘midnight appointments.”
2) EXCEPTION:
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Power of Control:
The power of an officer to alter, modify, or set aside what a subordinate officer has done
in the performance of his duties, and to substitute the judgment of the officer for that of
his subordinate.
Thus, the President exercises control over all the executive departments, bureaus, and
offices.
The President’s power over government-owned corporations comes not from the
Constitution but from statute. Hence, it may be taken away by statute.
1) Since all executive and administrative organizations are adjuncts of the Executive
Department, the heads of such departments, etc. are assistants and agents of the
President.
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.
5) Qualified political agency does NOT apply if the President is required to act in
person by law or by the Constitution.
Example: The power to grant pardons must be exercised personally by the President.
Disciplinary Powers:
1) The power of the President to discipline officers flows from the power to appoint the
officer, and NOT from the power to control.
2) BUT While the President may remove from office those who are not entitled to
security of tenure, or those officers with no set terms, such as Department Heads,
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Power of Supervision:
1) This is the power of a superior officer to ensure that the laws are faithfully executed
by subordinates.
2) The power of the president over local government units is only of general
supervision. Thus, he can only interfere with the actions of their executive heads if
these are contrary to law.
4) The power of supervision does not include the power of control; but the power of
control necessarily includes the power of supervision.
Scope:
2) Whenever necessary, the President may call out the AFP to PREVENT or
SUPPRESS:
a) Lawless violence;
b) Invasion; or
c) Rebellion.
Suspension of the privilege of the writ of habeas corpus and declaring martial law;
1. Grounds
a. Invasion or
b. Rebellion; and
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3. Limitations:
c. Congress, by majority vote and voting jointly, may revoke the same, and the
President cannot set aside the revocation.
d. In the same manner, at the President’s initiative, Congress can extend the
same for a period determined by Congress if:
Note: While the suspension of the privilege of writ and the proclamation of martial law is
subject to judicial review, the actual use by the President of the armed forces is not.
Thus, troop deployments in times of war is subject to the President’s judgment and
discretion.
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Scope:
b. Reprieves
c. Commutations
3.) ALSO: The power to grant clemency includes cases involving administrative
penalties.
4.) Where a conditional pardon is granted, the determination of whether it has been
violated rests with the President.
Limitations:
1.) As to scope:
Cannot be granted:
c.) For violations of election laws, rules, and regulation without the favorable
recommendation of the COMELEC
2.) As to effect:
b.) Does not restore public offices already forfeited, although eligibility for the
same may be restored.
Amnesty:
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3.) When a person applies for amnesty, he must admit his guilt of the offense which
is subject to such amnesty. If his application is denied, he can be convicted
based on this admission of guilt.
A public act. Subject to judicial notice Private act of President. It must be proved.
Limitations:
(1) The President may contract or guarantee foreign loans on behalf of the Republic of
the Philippines with the prior concurrence of the Monetary Board; and
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(d) If treaty is re-negotiated and the Senate’s suggestions are incorporated, the
treaty will go into effect without need of further Senate approval.
Note: While our municipal law makes a distinction between international agreements
and executive agreements, with the former requiring Senate approval and the latter not
needing the same, under international law, there is no such distinction.
Treaty will always prevail. A State cannot plead its municipal law to justify
noncompliance with an international obligation.
(3) Power to receive ambassadors and other public ministers accredited to the
Philippines.
(4) Power to contract and guarantee foreign loans on behalf of the Republic
(a) This power is vested in the President by virtue of his office, subject only to
restrictions as may be provided by legislation as regards the grounds for
deportation.
(b) In the absence of any legislative restriction to authority, the President may still
exercise this power.
(c) The power to deport aliens is limited by the requirements of due process,
which entitles the alien to a full and fair hearing.
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Scope:
2. Vested in the Supreme Court and such lower courts as may be established by law.
4. Since the courts are given ‘judicial power’ and nothing more, courts may neither
attempt to assume or be compelled to perform non-judicial functions.
They may not be charged with administrative functions except when reasonably
incidental to the fulfillment of their duties.
4. In order that courts may exercise this power, there must exist the following:
c. The exercise of such power will bind the parties by virtue of the court’s
application of existing laws.
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5. Judicial power cannot be exercised in vacuum. Without any laws from which rights
arise and which are violated, there can be no recourse to the courts.
The duty of the courts to settle actual controversies involving rights which
are legally demandable and enforceable; and
Political Questions:
1. A ‘political question’ is one the resolution of which has been vested by the
Constitution exclusively in either the people, in the exercise of their sovereign
capacity, or in which full discretionary authority has been delegated to a co-equal
branch of the Government.
2. Thus, while courts can determine questions of legality with respect to governmental
action, they cannot review government policy and the wisdom thereof, for these
questions have been vested by the Constitution in the Executive and Legislative
Departments.
1. Defining enforceable and demandable rights and prescribing remedies for violations
of such rights; and
2. Determining the court with jurisdiction to hear and decide controversies or disputes
arising from legal rights.
3. Thus, Congress has the power to define, prescribe and apportion the jurisdiction of
various courts.
5. BUT, Congress cannot deprive the Supreme Court of its jurisdiction over cases
provided for in the Constitution.
The power to create courts implies the power to abolish and even re-organize
courts.
BUT this power cannot be exercised in a manner which would undermine the
security of tenure of the judiciary.
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2. Annual appropriations for the judiciary cannot be reduced below the amount
appropriated for the previous year.
2. 14 Associate Justices
Note: Members of the Supreme Court and of other courts established by law shall not
be designated to any agency performing quasi-judicial or administrative functions.
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1. The Judicial and Bar Council is under the supervision of the SC.
5. A professor of law
Note: The last four are the regular members of the JBC. Regular members are
appointed by the President with CA approval. Regular members serve for 4 years, with
staggered terms.
B. Functions of JBC
President shall appoint from a list of at least 3 nominees for each vacancy,
as prepared by the JBC.
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3. Members of the Judiciary are NOT exempt from payment of income tax.
1. Members of the SC and judges of the lower courts hold office during good behavior
until
3. Removal of SC Justices:
a. Only by IMPEACHMENT.
Hearing of cases:
En banc; or
Divisions of 3, 5, or 7.
a. Treaty
c. Law.
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a. Presidential decrees
b. Proclamations
c. Orders
d. Instructions
e. Ordinances; and
f. Other regulations.
5. Cases where SC modifies or reverses a doctrine or principle of law laid down by the
SC en banc or by a division.
1. Must be decided with the concurrence of a majority of the members who took part in
the deliberations and voted thereon.
Powers of the SC
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iii. law
iv. presidential decree
v. proclamation
vi. order
vii. instruction
viii. ordinance, or
ix. regulation;
d. Criminal cases where the penalty imposed is reclusion perpetua or higher; and
3. Temporarily assign lower court judges to other stations in the public interest.
Note: Temporary assignment shall not exceed 6 months without the consent of
the judge concerned.
6. Appoint ALL officials and employees of the Judiciary, in accordance with Civil
Service Law.
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7. Exercise administrative supervision over ALL courts and the personnel thereof.
1. Reached in consultation before being assigned to a member for the writing of the
opinion.
2. A certification to this effect must be signed by the Chief Justice and attached to the
record of the case and served upon the parties.
3. Members of the SC who took no part, or who dissented or abstained must state the
reasons therefore.
Note: This procedure shall also be observed by all lower collegiate courts (CA, CTA,
and the Sandiganbayan).
JUDICIAL REVIEW
Definition
1. Judicial Review is the power of the SC to declare a law, treaty, ordinance etc.
unconstitutional.
2. Lower courts may also exercise the power of judicial review, subject to the appellate
jurisdiction of the SC.
3. Only SC decisions are precedent, and thus, only SC decisions are binding on all.
Requisites Code: [A R S Co R]
2. The question involved must be RIPE FOR ADJUDICATION, i.e. the government act
must have had an adverse effect on the person challenging it.
3. The person challenging the governmental act must have ‘STANDING’, i.e. a personal
and substantial interest in the case such that he has sustained, or will sustain, direct
injury as a result of its enforcement.
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4. The question of Constitutionality must be raised in the first instance, or at the earliest
opportunity.
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.
1. Decisions MUST state clearly and distinctly the facts and the law on which it is
based.
2. Refusal to give due course to petitions for review and motions for reconsideration
must state the legal basis for such refusal.
3. Memorandum decisions, where the appellate court adopts the findings of fact and law
of the lower court, are allowed as long as the decision adopted by reference is
attached to the Memorandum for easy reference.
4. These rules only apply to courts. They do not apply to quasi-judicial or administrative
bodies nor to military tribunals.
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Why Independent?
Section 2. DISQUALIFICATIONS
Disqualifications:
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Note: The Ombudsman and his deputies are subject to the same qualifications.
Section 3. SALARIES
Salaries
1) Salaries are fixed by law and shall not be decreased during their TENURE.
Procedures:
3) Limitation:
It shall not:
a) Diminish,
b) Increase, or
3) Power of SC
a). The SC may not, under Art. VIII Sec. 5(5), exercise the power to disapprove
rules of "special courts and quasi-judicial bodies."
b). In proceedings before the Commissions, the rules of the Commission prevail.
Decision-Making:
1) Each commission shall decide matter or cases by a majority vote of all the members
within 60 days from submission.
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2) As COLLEGIAL BODIES, each commission must act as one, and no one member can
decide a case for the entire commission. (i.e. The Chairman cannot ratify a decision
which would otherwise have been void).
Appeals:
2) Decisions, orders or ruling of the CSC should be appealed to the CA under Rule 43.
Enforcement:
It has been held that the CSC can issue a writ of execution to enforce
judgments which are final.
Section 1. COMPOSITION/QUALIFICATIONS/TERM
Composition:
1) Chairman
2) Commissioners – 2 commissioners
Qualifications:
4) NOT candidates for any elective position in the elections immediately preceding their
appointment.
Term:
1) 7 years (except for the 1st appointees where the Chairman has 7 years, 1
Commissioner has 5 years while another has 3 years)
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Section 2. Scope:
A. branches,
B. subdivisions,
C. instrumentalities,
1."With Original Charter" means that the GOCC was created by special
law/by Congress
2. If incorporated under the Corporation Code, it does not fall within the
Civil Service, and is not subject to the CSC jurisdiction.
A. Competitive positions
B. Non-competitive positions
2). 3 kinds
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D. Both types of positions are entitled to security of tenure. They only differ in the
MANNER in which they are filled.
1). RULE: Whoever fulfills all the qualifications prescribed by law for a particular
position may be appointed therein.
2). The CSC cannot disapprove an appointment just because another person is
better qualified, as long as the appointee is himself qualified.
3). The CSC CANNOT add qualifications other than those provided by law.
F. Next-In-Rank Rule
Security of Tenure:
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b). must be substantial (directly affects the rights & interests of the public)
a). Primarily confidential officers and employees hold office only for so long as
confidence in them remains.
b). If there is GENUINE loss of confidence, there is no removal, but the expiration
of the term of office
c). Non-career service officers and employees do not enjoy security of tenure.
d). Political appointees in the foreign service possess tenure coterminous with
that of the appointing authority or subject to his pleasure.
4) One must be VALIDLY APPOINTED to enjoy security of tenure. Thus, one who is not
appointed by the proper appointing authority does not acquire security of tenure.
Abolition of Office
1). Not protected by security of tenure - can be removed anytime even without cause
3). BUT: They can only be removed by the one who appointed them.
3) BUT: Allowed to express views on political issues, and to mention the names of the
candidates whom he supports.
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Right to organize
Disqualifications
2) Elective officials
a). Not eligible for appointment or designation in ANY CAPACITY to ANY PUBLIC
OFFICE or position during their tenure.
Examples:
The Vice President may be appointed as a Cabinet member
c). To be eligible to hold any other office, the elected official must first resign his
office
a). Cannot hold any other office or employment in the government, any
subdivision, agency, instrumentality, including GOCC's and their
subsidiaries.
c). This exception DOES NOT APPLY to Cabinet members, and those officers
mentioned in Art. VII, Sec. 13. They are governed by the stricter prohibitions
contained therein.
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Section 8. COMPENSATION
Cannot receive:
A. Additional - an extra reward given for the same office i.e. bonus
C. Indirect Compensation
3) Cannot accept any present, emolument, office, title of any kind from foreign
governments UNLESS with the consent of Congress.
Section 1. COMPOSITION/QUALIFICATIONS/TERM
Composition: (7)
1)Chairman and
2)Commissioners (6)
Qualifications:
4) Not candidates for any elective position in the immediately preceding elections.
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b). Engaged in the practice of law for at least 10 years: “any activity in or out of
court, which requires the application of law, legal procedure, knowledge,
training and experience.”
Term:
b). The choice of temporary chairman falls under the COMELEC’s discretion.
Powers:
1) Enforce and administer all laws and regulations relative to the conduct of an
election, plebiscite, initiative, referendum, and recall.
(a) Ex: COMELEC can enjoin construction of public works within 45 days of an
election.
4) Exercise:
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D. Contempt powers
3) Decide, except those involving the right to vote, all questions affecting elections,
including determination of the number and location of polling places, appointment of
election officials and inspectors, and registration of voters.
Note: Questions involving the right to vote fall within the jurisdiction of the ordinary
courts.
4) Deputize, with the concurrence of the President, law enforcement agencies and
instrumentalities of the Government, including the Armed Forces of the Philippines,
for the exclusive purpose of ensuring free, orderly, honest, peaceful, and credible
elections.
a). The political parties etc. must present their platform or program of
government.
i. Religious denominations/sects
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ii. Groups which seek to achieve their goals through violence or unlawful
means
d). BUT: Political parties with religious affiliation or which derive their principles
from religious beliefs are registerable.
6) File, upon a verified complaint, or on its own initiative, petitions in court for inclusion
of exclusion of voters; investigate and, where appropriate, prosecute cases of
violations of election laws, including acts or omissions constituting elections frauds,
offenses and malpractices.
B. COMELEC can deputize prosecutors for this purpose. The actions of the
prosecutors are the actions of the COMELEC
9) Submit to the President and the congress a comprehensive report on the conduct of
each election, plebiscite, initiative, referendum, or recall.
Rules of Procedure
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Decision-Making
5) If a division dismisses a case for failure of counsel to appear, the Motion for
Reconsideration here may be heard by the division.
Regulation of franchises
1). The enjoyment or utilization of all franchises or permits for the operation of
transportation and other public utilities, media of communication or
information.
a). Under Article XI, Section 9, the election period commences 90 days
before the day of the election and ends 30 days thereafter.
2). Applies not just to elections but also to plebiscites and referenda.
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Carrie Bee, Aldrich, She, Cayo
1). COMELEC cannot compel print media to donate free space to the COMELEC. It
may, however, compel it to provide space after paying just compensation.
2). Power of COMELEC is over franchises and permits, NOT individuals. For
example, COMELEC may not regulate media practitioners, for this would violate
the freedom of expression.
Section 6
3) It identifies the party and its officers for purposes of regulation by the COMELEC.
Prohibition on block-voting
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Poll Watchers
Political parties, etc. are entitled to appoint poll watchers in accordance with law.
Section 10. Bona fide candidates for any public office shall be free from any form of
harassment and discrimination.
How provided
Funds certified by the COMELEC as necessary to defray the expenses for holding
regular and special elections, plebiscites, initiative, referenda and recalls, shall
provided in the regular or special appropriations.
Release of funds
Section 1. COMPOSITION/QUALIFICATIONS
Composition:
1) Chairman, and
2) Commissioners (2).
Qualifications:
Either:
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Must not have been candidates for any elective position in the elections immediately
preceding their appointment.
Term:
Section 2. POWERS
A. The Government;
3) If COA finds internal control system of audited agencies as inadequate, COA may
adopt measures, including temporary or special pre-audit, as may be necessary.
4) Keep the general accounts of the government, preserving vouchers and other
supporting papers pertaining thereto.
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5) Exclusive authority to define the scope of COA’s audit and examination and to
establish the techniques and methods required therefor.
Failure to comply with these rules can be a ground for disapproving the payment
of a proposed expenditure.
Note:
D. Promulgate accounting and auditing rules (including those for the prevention
of irregular…expenditures).
2) COA can settle only LIQUIDATED ACCOUNTS or those accounts which may be
adjusted simply by arithmetic process.
3) COA has authority not just over accountable officers but also over other officers who
perform functions related to accounting such as verification of evaluations and
computation of fees collectible, and the adoption of internal rules of control.
4) COA does not have the power to fix the amount of an unfixed or undetermined debt.
There is a contract, made by the proper officer, entered into in conformity with the
above-mentioned law;
The goods or services covered by such contract have been delivered or rendered
in pursuance to such contract, as attested by the proper officer; and
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6) Prosecutors may still review accounts already settled and approved by COA for the
purpose of determining possible criminal liability. This is because COA’s interest in
such accounts is merely administrative.
7) COA has the power to determine the meaning of ‘public bidding’ and what constitutes
failure when regulations require public bidding for the sale of government property.
Section 3. No law shall be passed exempting any entity of the Government or its subsidiary
in any guise whatever, or any investment of public funds, from the jurisdiction of the
Commission on Audit.
Composition:
1) Provinces
2) Cities;
3) Municipalities; and
4) Barangays
Note:
2) This does not mean that the LGUs are completely free from the central government.
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SEC. 3. Congress shall enact a local government code which shall provide for a more
responsive and accountable local government structure instituted through a system of
decentralization with effective mechanisms of recall, initiative, and referendum, allocate
among the different local government units their powers, responsibilities, and resources, and
provide for the qualifications, election, appointment and removal, term, salaries, powers and
functions and duties of local officials, and all other matters relating to the organization and
operation of the local units.
Supervision of President
Provinces
Independent cities.
This power is limited to ensuring that lower officers exercise their functions in
accordance with law.
The president cannot substitute his judgment for that of an LGU official unless the latter
is acting contrary to law.
The President may, however, impose administrative sanctions against LGU officials,
such as suspension for 120 days, and may even remove them from their posts, in
accordance with law.
Limitations on Power
1) It is subject to such guidelines and limitations as Congress may provide. See Local
Government Code for examples.
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2) The guidelines set by Congress should be consistent with the basic policy of local
autonomy.
The taxes, fees and charges shall accrue exclusively to the local governments.
3) The share of each LGU should not be subject to any lien or holdback that may be
imposed by the national government for whatever purpose.
4) Each LGU should appropriate in its annual budget at least 20% of its annual IRA for
development projects.
5) Adjustments in IRA
B. President can make the necessary adjustments in the IRA upon the
recommendation of the following:
6) IRA considered for purposes of conversion from one political subdivision to the next.
(Alvarez v. Guingona)
LGUs are entitled to an equitable share in the proceeds of the utilization and
development of the national wealth within their respective areas in the manner
provided by law.
This includes sharing the same with the inhabitants by way of direct benefits.
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1) LGUs have a share of 40% of the gross collection derived by the national
government from the preceding fiscal year from
A. Mining taxes
B. Royalties
C. Forestry and fishery charges
D. Other taxes, fees and charges
E. Share in any co-production, joint venture or production sharing agreement in
the utilization and development of the national wealth w/in their territorial
jurisdiction
Term of Office
Elective local officials, now including barangay officials have a term of 3 years.
Limitations:
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.
2) The workers
1) Requisites
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Creation:
2) It is subject to a plebiscite
They shall be entitled to their own local executive and legislative assemblies.
Classification of Cities:
1) Highly urbanized cities and independent component cities are independent of the
province.
2) Component cities whose charter contain no such prohibition are still under the
control of the province and its voters may still vote for elective provincial officials.
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It is optional on the part of LGUs as shown by the use of the word “may”
It can be done for purposes commonly beneficial to them in accordance with the law.
2) A public hearing should be conducted and the approval of the sanggunian obtained.
3) An LGU can:
The President shall provide for RDC or other similar bodies composed of:
Composition
For Purpose of
Administrative decentralization
To accelerate the economic and social growth and development of the units in the region
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Where:
1) Muslim Mindanao
2) Cordillera region
Factors:
1) Historical heritage
2) Cultural heritage
Creation:
1) Provided by law.
3) Only those Provinces, Cities, and Geographical Areas voting favorably in such
plebiscite shall form part of the autonomous region.
5) The question of which LGUs shall constitute an autonomous region is one which is
exclusively for Congress to decide.
SEC. 17. All powers, functions and responsibilities not granted by this Constitution or by law
to the autonomous region shall be vested in the National Government.
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3) Monetary Affairs
The Organic Act of Autonomous Region shall provide for legislative powers over:
1) Administrative organization;
7) Educational policies;
9) Such other matters as may be authorized by law for the promotion of the general
welfare of the people of the region.
Limitations:
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Public officers and employees must at all times be accountable to the people, serve them with
utmost responsibility, integrity, loyalty and efficiency, act with patriotism and justice and lead
modest lives.
President
VP
SC Justices
Ombudsman
2. Grounds
treason
bribery
Note: It is an exclusive list. Congress cannot, by law, add to the list of impeachable
offenses.
3. These officers cannot be charged in court with offenses that have removal from
office as penalty.
4. A SC Justice cannot be disbarred because this would disqualify him from his
position.
5. BUT AFTER an official has been impeached, he can be charged with the appropriate
offense.
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6. Resignation by an impeachable official does not place him beyond the reach of
impeachment proceedings; he can still be impeached.
Procedure:
c. The report should be submitted within 60 days from referral, after hearing,
and by a majority vote of ALL its members.
6.) Vote of at least 1/3 of all Members of the House necessary to:
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Note: If the verified complaint or resolution of impeachment was filed by at least 1/3 of
all the Members of the House, it shall constitute the Articles of Impeachment. Trial in the
Senate shall proceed.
A. Senate has the sole power to try and decide all cases of impeachment
Judgment of Conviction
This requires the concurrence of 2/3 of all the Members of the Senate
Section 4: SANDIGANBAYAN
Composition:
1.) Ombudsman/Tanodbayan
3.) At least one Deputy each for Luzon, Visayas and Mindanao
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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
a. A judge or
1.) Cannot hold any other office or employment during his tenure
2.) Cannot engage in the practice of any profession or in the active management or
control of any business which may be affected by the functions of his office
3.) Cannot be financially interested, directly or indirectly, in any contract with or in any
franchise or privilege granted by the Government, any of its subdivisions, agencies
or instrumentalities, including GOCCs or their subsidiaries
Appointment
d. By the Ombudsman
2. They are NOT qualified to run for any office in the election immediately succeeding
their cessation from office
Rank/Salaries:
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1. Investigate on its own, or on complaint by any person, any act or omission of any
public official, employee, office or agency, when such act or omission appears to be
illegal, unjust, improper, or inefficient.
The SC held that the power to investigate and prosecute cases involving
public officers and employees has been transferred to the Ombudsman.
The “ILLEGAL” act or omission need not be in connection with the duties of
the public officer or employee concerned.
ANY illegal act may be investigated by the Ombudsman. In this regard, the
Ombudsman’s jurisdiction is CONCURRENT with that of the regular
prosecutors.
2. Direct, upon complaint or at its own instance, any public official or employee of the
government, or any subdivision, agency or instrumentality thereof, as well as of any
government-owned or controlled corporation with original charter, to perform and
expedite any act of duty required by law, or to stop, prevent, and correct any abuse or
impropriety in the performance of duties.
The Ombudsman has PERSUASIVE POWER, and may require that proper
legal steps are taken by the officers concerned.
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The SC has held that the SP may prosecute before the Sandiganbayan
judges accused of graft and corruption, even if they are under the
Supreme Court.
3.) Direct the officer concerned to take the appropriate action against a public official or
employee at fault, and recommend his removal, suspension, demotion, fine,
censure, or prosecution, and ensure compliance therewith.
4.) Direct the officer concerned, in any appropriate case, and subject to such limitations
as may be provided by law to furnish it with copies of documents relating to contracts or
transactions entered into by his office involving the disbursement or use of public funds
of properties, and report any irregularity to COA for appropriate action.
5.) Request any government agency for assistance and information necessary in the
discharge of its responsibilities, and to examine, if necessary, pertinent records and
documents.
6.) Public matters covered by its investigation when circumstances so warrant and with
due process
7.) Determine the cause of inefficiency, red tape, mismanagement, fraud and corruption
in the government and make recommendations for their elimination and the observance
of high standards of ethics and efficiency
8.) Promulgate its rules of procedure and exercise such other powers or perform such
functions or duties as may be provided by law
Note: The Office of the Ombudsman also has the duty to act promptly on complaints
filed in any form or manner against public officials or employees of the government, or
any subdivision, agency or instrumentality including GOCCs and their subsidiaries. In
appropriate cases, it should notify the complainants of the action taken and the result
thereof.
Fiscal Autonomy:
The Office of the Ombudsman enjoys fiscal autonomy. Its approved annual
appropriations should be automatically and regularly released.
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1. Under the 1987 Constitution, the existing Tanodbayan became the Office of the
Special Prosecutor
2. Powers
It will continue to function and exercise its powers as now or hereafter may be
provided by law
3. The Office of the Special Prosecutor is subordinate to and acts under the orders of
the Ombudsman
Note: According to Jack, the SC was wrong because the ConCom intended that the SP
was to prosecute anti-graft cases.
The right of the State to recover properties unlawfully acquired by public officials and
employees from them or from their nominees or transferees shall NOT be barred by
prescription, laches or estoppel.
Their right to prosecute criminally these officials and employees may prescribe.
Coverage:
Scope of prohibition:
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The above mentioned officials cannot obtain, directly or indirectly for BUSINESS
PURPOSES:
Loans
Guarantees
If the loan, etc, is NOT for business purpose, e.g. a housing loan, the prohibition does
not apply.
When submitted:
Public officer and employee shall submit a declaration under oath of his assets, liabilities
and net worth upon assumption of office and as often as required under the law.
These declarations shall be disclosed to the public in a manner provided by law in the
case of:
1.) President
2.) Vice-President
3.) Members of the Cabinet
4.) Members of Congress
5.) Justices of the Supreme Court
6.) Members of Constitutional Commissions
7.) Other constitutional offices
8.) Officers of the armed forces with general or flag rank
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2.) If Philippine citizenship is one of the qualifications to the office, the loss of such
citizenship means the loss of the office by the incumbent.
3.) The Election Code provides the rules with respect to non-incumbents, i.e.
persons running for elective offices.
This renunciation must be some other than, and prior to, the filling of the certificate of
candidacy.
Three-fold goal:
2. Sustained increase in the amount of goods and services produced by the nation for
the benefit of the people; and
3. Expanding productivity, as the key to raising the quality of life for all.
2. It should be through industries that make full and efficient use of human and natural
resources. Industries should also be competitive in both domestic and foreign markets.
The State shall protect Filipino enterprises against unfair foreign competition and
trade practices.
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1. Imperium
2. Dominium
Scope:
2. Means
Filipino citizen or
3. Limitations:
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A. Period: It should not exceed 25 years, renewable for not more than 25 years
The beneficial use may be the measure and limit of the grant.
Small-scale Utilization of Natural Resources
2. Congress may also authorize cooperative fish farming with priority given to
subsistence fishermen and fishworkers in the rivers, lakes, bays and lagoons.
1. The President may enter into agreements with foreign owned corporations involving
technical or financial assistance for large-scale exploration etc. of minerals,
petroleum, and other mineral oils.
These agreements should be in accordance with the general terms and conditions
provided by law.
2. They should be based on the real contributions to economic growth and general
welfare of the country.
3. In the agreements, the State should promote the development and use of local
scientific and technical resources.
4. The President should notify Congress of every contract under this provision within 30
days from its execution.
5. Management and service contracts are not allowed under this rule.
Archipelagic waters
EEZ
2. The State shall reserve its use and enjoyment exclusively to Filipino citizens.
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1. Agricultural
2. Forest/timber
4. National Parks
Note:
But as to forest and national parks, it is the Congress which has the sole power to
reclassify.
2. Classification is descriptive of the legal nature of the land and NOT what it looks like.
Thus, the fact that forest land is denuded does not mean it is no longer forest land.
2. Agricultural lands may be further classified by law according to the uses to which they
may be devoted.
A. They can only hold alienable lands of the public domain BY LEASE
B. Period: Cannot exceed 25 years, renewable for not more than 25 years
Note: A corporation sole is treated like other private corporations for the purpose of
acquiring public lands.
Taking into account the requirements of conservation, ecology and development, and
subject to the requirements of agrarian reform, Congress shall determine by law the size
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of the lands of the public domain which may be acquired, developed, held or leased and
the conditions therefore.
A. Upon completion of the requisite period, the land becomes private property
ipso jure without need of any judicial or other sanction.
B. Possession since time immemorial leads to the presumption that the land was
never part of public domain.
C. In computing 30 years, start from when land was converted to alienable land,
not when it was still forest land
Section 4. Congress shall, as soon as possible, determine by law, the specific limits of forest
lands and national parks, marking clearly their boundaries on the ground. Thereafter, such
forest lands and national parks shall be conserved and may not be increased or diminished,
EXCEPT by law. Congress shall provide measures to prohibit logging in
a. Endangered forest and
b. Watershed areas
for such period as it may determine.
1. The State protects the rights of indigenous cultural communities to their ancestral
lands
3. “ANCESTRAL DOMAIN”
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General rule
A. Filipino citizens
Exceptions
B. A natural born citizen of the Philippines who has lost his Philippine citizenship
may be a transferee of PRIVATE LAND, subject to limitation provided by law.
C. Foreign states may acquire land but only for embassy and staff residence
purposes.
3. Filipino citizenship is only required at the time the land is acquired. Thus, loss of
citizenship after acquiring the land does not deprive ownership.
5. Land tenure is not indispensable to the free exercise of religious profession and
worship. A religious corporation controlled by non-Filipinos cannot acquire and own
land, even for religious purposes.
1. Escheat proceedings
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B. Alien still has the title (didn’t pass it on to one who is qualified)
Power of Congress
2. Congress shall also enact measures to encourage the formation and operation of
enterprises whose capital is wholly owned by Filipinos.
In the grant of rights, privileges and concessions covering the national economy and
patrimony, the State shall give preference to QUALIFIED Filipinos.
Power to grant:
Public utility
1. In order to be considered as a public utility, and thus subject to this provision, the
undertaking must involve dealing directly with the public.
To whom granted:
1. Filipino citizens or
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1. The participation of foreign investors in the governing body of any public utility
enterprise shall be limited to their proportionate share in its capital.
1. Private corporations
Congress can only provide for the formation, etc of private corporations through a
general law.
2. GOCC’s
a. Special charters in the interest of the common good and subject to the test of
economic viability.
A. Conditions
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B. Involves either:
2. The State may either regulate or prohibit monopolies, when public interest so
requires.
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Social Justice
1) Social justice in the Constitution is principally the embodiment of the principle that
those who have less in life should have more in law.
2) The 1987 Constitution advances beyond what was in previous Constitutions in that it
seeks not only economic social justice but also political social justice.
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Labor
Section 3 of Article XIII elaborates on the provision in Article II by specifying who are
protected by the Constitution, what rights are guaranteed, and what positive measures
the state should take in order to enhance the welfare of labor.
The right to organize is given to all kinds of workers BOTH in the PRIVATE and PUBLIC
sectors.
The workers have a right to hold peaceful concerted activities except the right to strike,
which is subject to limitation by law.
The workers have the right to participate on matters affecting their rights and benefits,
“as may be provided by law”.
2) grievance machineries,
Agrarian Reform
Goals:
Agrarian reform must aim at
1) efficient production,
2) a more equitable distribution of land which recognizes the right of farmers and regular
farmworkers who are landless to own the land they till, and
To the extent that the law prescribes retention limits for landowners, there is an exercise
of police power. But where it becomes necessary to deprive owners of their land in
excess of the maximum allowed, there is compensable taking and therefore the exercise
of eminent domain.
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It extends not only to private agricultural lands, but also to “other natural resources,”
even including the use and enjoyment of “communal marine and fishing resources” and
“offshore fishing grounds”.
Composition:
1) Chairman; and
2) 4 members
Qualifications:
5) The CHR is not of the same level as the COMELEC, CSC, or COA.
Powers:
1) Investigate all forms of human rights violations involving civil or political rights
C. CHR has NO adjudicatory powers over cases involving human rights violations.
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.
A. CHR can initiate court proceedings on behalf of victims of human rights violations.
B. They can recommend the prosecution of human rights violators, but it cannot itself
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C. BUT: The CHR cannot issue restraining orders or injunctions against alleged
human rights violators. These must be obtained from the regular courts.
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.
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Education
The right to education must be read in conjunction with the academic freedom of
schools to require “fair, reasonable, and equitable admission requirements.”
1) Schools have the power to dismiss students, after due process, for disciplinary
reasons.
2) Acts committed outside the school may also be a ground for disciplinary action if:
The right to education in particular fields may be regulated by the State in the
exercise of its police power, e.g. the State may limit the right to enter medical school by
requiring the applicants to take the NMAT.
Free Education
2) Elementary education is compulsory for all children of school age. However, this is a
moral rather than a legal compulsion.
Educational Institutions
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I. Filipinization
A. Ownership:
2). Refers to line positions, such as President, Dean, Principal, and Trustees
C. Student Population:
1). GENERAL RULE: Cannot establish school exclusively for aliens. Aliens can
only comprise up to 1/3 of total enrollment.
2). EXCEPTIONS: Schools established for foreign diplomatic personnel and their
dependents, and unless otherwise provided for by law for other foreign temporary
residents.
1) All revenues and assets actually, directly and exclusively used for educational
purposes are exempt from taxes and duties.
2) This is self-executory.
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A. Educational Institutions
B. Faculty members
1) Full freedom in research and in the publication of the results, subject to the
adequate performance of their other academic duties.
3) When faculty members speak or write in their capacity as citizens, then they
are free from institutional censorship or discipline.
C. Students
They have the right to enjoy in school the guarantees of the Bill of Rights.
D. Limitations
E. Budgetary Priority:
2). BUT: This command is not absolute. Congress is free to determine what
should be given budgetary priority in order to enable it to respond to the
imperatives of national interest and for the attainment of other state policies or
objectives.
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Carrie Bee, Aldrich, She, Cayo
3) Instructors are designated and approved by the proper religious authorities; and
Section 6. Language
4 (Spanish and Arabic are promoted only on an optional and voluntary basis.
1) Flag
Red, white, and blue.
With a sun and 3 stars
The design may be changed by constitutional amendment.
Note: Law will take effect upon ratification by the people in a NATIONAL
REFERENDUM.
Suability of State
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ATENEO CENTRAL BAR OPERATIONS 2002
Carrie Bee, Aldrich, She, Cayo
c). Suit is against a government official, but is such that ultimate liability shall
devolve on the government
i. When a public officer acts in bad faith, or beyond the scope of his
authority, he can be held personally liable for damages.
3) This rule applies not only in favor of the Philippines but also in favor of foreign states.
4) The rule likewise prohibits a person from filing for interpleader, with the State as one
of the defendants being compelled to interplead.
Consent to be sued
A. Express consent:
1). The law expressly grants the authority to sue the State or any of its agencies.
2). Examples:
a). A law creating a government body expressly providing that such body
“may sue or be sued.”
b). Art. 2180 of the Civil Code, which creates liability against the State
when it acts through a special agent.
B. Implied consent:
a). The contract must be entered into by the proper officer and within the
scope of his authority.
2). The State enters into an operation that is essentially a business operation.
b). Thus, when the State conducts business operations through a GOCC,
the latter can generally be sued, even if its charter contains no
express “sue or be sued” clause.
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ATENEO CENTRAL BAR OPERATIONS 2002
Carrie Bee, Aldrich, She, Cayo
1) The Fact that the State consented to being sued does not mean that the State will
ultimately be held liable.
2) Even if the case is decided against the State, an award cannot be satisfied by writs of
execution or garnishment against public funds. Reason: No money shall be paid out
of the public treasury unless pursuant to an appropriation made by law.
1) Military men cannot engage, directly or indirectly, in any partisan political activity,
except to vote.
2) Members of the AFP in active service cannot be appointed to a civilian position in the
government, including GOCCs or their subsidiaries.
Definitions:
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Carrie Bee, Aldrich, She, Cayo
The changes brought about by amendments will not affect the other provisions of the
Constitution.
Legislative power is the power to pass, repeal or amend ordinary laws or statutes (as
opposed to organic law).
The exercise of constituent power does not need the approval of the Chief Executive,
whereas the exercise of legislative power ordinarily needs the approval of the Chief
Executive, except when done by people through initiative and referendum.
3) Ratification.
Proposal of amendments:
The only reason Congress can exercise such power is that the Constitution has
granted it such power.
B. Constitutional Convention:
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Carrie Bee, Aldrich, She, Cayo
a). Congress may call a ConCon by a 2/3 vote of all its members; or
b). By a majority vote of all its members, Congress may submit to the
electorate the question of whether to call a ConCon or not.
4) If Congress, acting as a constituent assembly, calls for a ConCon but does not
provide the details for the calling of such ConCon, Congress - exercising its
ordinary legislative power - may supply such details. But in so doing,
Congress (as legislature) should not transgress the resolution of Congress
acting as a constituent assembly.
C. People’s Initiative
3) Limitation:
Note:
1) While the substance of the proposals made by each type of constituent assembly is
not subject to judicial review, the manner the proposals are made is subject to
judicial review.
2) Since these constituent assemblies owe their existence to the Constitution, the
courts may determine whether the assembly has acted in accordance with the
Constitution.
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Carrie Bee, Aldrich, She, Cayo
Whether the approved proposals were properly submitted to the people for
ratification.
Proposal of Revisions
By a constitutional convention
Ratification
Plebiscite is held not earlier than 60 days nor later than 90 days from the
approval of such amendments or revisions.
Plebiscite is held not earlier than 60 days nor later than 90 days after the
certification by COMELEC of the petition's sufficiency.
The Constitution does not require that amendments and revisions be submitted
to the people in a special election.
That Congress could have done better does not make the steps taken
unconstitutional.
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Carrie Bee, Aldrich, She, Cayo
According to the SC, this took place on February 2, 1987, which was the day the
people cast their votes ratifying the Constitution.
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