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Category Archives: Political Law
Political Law

Election Law Reviewer and Memory Aid
JAN 25 Posted by Magz

POLITICAL LAW REVIEWER ELECTION LAWS

Election
         Embodiment of the popular will, the expression of the sovereign power of the people. Choice or selection of candidates to public office by popular vote Conduct of the polls Listing of votes Holding of Electoral campaign Act of casting and receiving the ballots from the voters Counting the ballots Making the election returns Proclaiming the winning candidates

Components

Regular election – refers to an election participated in by those who possess the right of suffrage and not disqualified by law and who are registered voters. Special election – is when there is failure of election on the scheduled date of regular election in a particular place or which is conducted to fill up certain vacancies, as provided by law.

Political Parties
Definition (Omnibus Election Code) An organized group of persons pursuing the same ideology, political ideas or platforms of government including its branches and divisions. Types of Political Parties 1) Registered Parties:
1. 2. 3. 4. Dominant Majority Party – usually the administration party; entitled to a copy of election return Dominant Minority Party – entitled to a copy of election return Majority Political Party Top 3 Political Parties – entitled to appoint principal watcher and a copy of the certificate of canvass 5. Bottom 3 political parties – entitled to appoint principal watcher

2) Non-registered parties Criteria to Determine the Type of Political Party
1. 2. 3. 4. 5. Established Record of the said parties, showing in past elections Number of Incumbent Elective Officials Identifiable political organizations and strengths Ability to fill a complete slate of candidates Other analogous circumstances

Grounds for Challenging the Voter
1. Illegal voters ( Not Registered / Using the name of another / disqualified ) 2. Based on certain illegal acts (Vote buying)

Acquisition of Juridical Personality It is acquired upon registration with the COMELEC. Forfeiture of Status as a Registered Political Party The status shall be deemed forfeited if the political party, singly or in coalition with others, fails to obtain at least 10% of the votes cast in the constituency in which it nominated and supported a candidate/s in the election next following its registration. There shall be notice and hearing.

Candidates
Rules on Filing of Certificates of Candidacy
1. No person shall be elected into public office unless he files his certificate of candidacy within the prescribed period 2. No person shall be eligible for more than one office. If he/she files for more than one position, he shall not be eligible for all unless he cancels all and retains one 3. The certificate of candidacy shall be filed by the candidate personally or by his duly authorized representative. 4. Upon filing, an individual becomes a candidate, he is already covered by rules, restrictions and processes involving candidates.

Grounds for Disqualification

1. Election offenses under Sec 68 of the Omnibus Election Code (OEC) 2. Not possessing qualifications and possessing disqualifications under the Local Government Code

2.1 Sentenced by final judgment for an offense involving moral turpitude or for an offense punishable by one year or more of imprisonment within two years after serving sentence 2.2 Removed from office as a result of an administrative case 2.3 Convicted by final judgment for violating the oath of allegiance to the Republic 2.4 Dual citizenship ( more specifically, dual allegiance) 2.5 Fugitives from justice in criminal or non-political cases here or abroad 2.6 Permanent residents in a foreign country or those who have acquired the right to reside abroad and continue to avail of the same right 2.7 Insane or feeble-minded
1. Nuisance candidate 2. Violation of sec 73 of OEC with regard to certificate of candidacy 3. Violation of sec 78 which is material misrepresentation of reqts under sec. 74.

* Disqualifications (from continuing as a candidate or from holding the office if already elected): Any candidate, who in an action or protest in which he is a party is declared by final decision of a competent court guilty of, or is found by the Commission of having:
1. Given money or other material consideration to influence, induce or corrupt the voters or public officials performing electoral functions. 2. Committed acts of terrorism to enhance his candidacy 3. Spent in his election campaign an amount in excess of that allowed by the Omnibus Election Code ) 4. Solicited, received or made any contribution prohibited under this Code 5. Violated any of the following sections: Section 80, 83, 85,86,261 6. Permanent resident of or an immigrant to a foreign country shall not be qualified to run for any elective office UNLESS he/she has waived his/her status as a permanent resident/immigrant of a foreign country in accordance with the residence requirement provided for under election laws.

Effect of a Disqualification case (under RA 6646)
1. Any candidate who has been declared by final judgment to be disqualified shall NOT be voted for. The votes cast in his favor shall not be counted. 2. If the candidate is not disqualified by final judgment before the election and receives the highest number of votes in the election, the court or COMELEC will continue with the trial and hearing of the action, inquiry or protest. Upon motion of the complainant or intervenor, the court or COMELEC may order the suspension of the proclamation of the candidate whenever the evidence of his guilt is strong.

It should be decided not later than 15 days before the election. 2. B. To cause confusion among the voters by the similarity of the names of the registered candidates 3. This can be done motu proprio or upon verified petition of an interested party. B.There should be a showing that: 1. Holding political caucuses. rallies. conferences. parades or other similar assemblies for the purpose of soliciting votes and/or undertaking any campaign or propaganda for or against a candidate. . Exclusive ground: A material representation in the certificate of candidacy is false. The petition should be filed not later than 25 days from the filing of the certificate of candidacy. Forming organizations. after due notice and hearing. Other circumstances which clearly demonstrate that the candidate has no bona fide intention to run for the office… Petition to deny due course to or to cancel a Certificate of Candidacy A. meetings. committees or other groups of persons for the purpose of soliciting votes and/or undertaking any campaign for or against a candidate. Making speeches.Nuisance Candidates A. Election Campaign/Partisan Political Activity Ø Definition 1) It refers to an act designed to promote the election or defeat of a particular candidate/s to a public office 2) It includes: A. C. clubs. B. Power of COMELEC 1. announcements or commentaries or holding interviews for or against the election of any candidate for public office. May refuse to give due course to or cancel a certificate of candidacy of a nuisance candidate. associations. The term refers to candidates who have no bona fide intention to run for the office for which the certificate of candidacy has been filed and would thus prevent a faithful determination of the true will of the people. C. Certificate of candidacy has been filed to put the election process in mockery/disrepute or 2.

If the acts are performed for the purpose of enhancing the chances of aspirants for nomination for candidacy to a public office by a political party.5” W x 14L”) Letters Posters (2‟ x 3‟) in common-private poster areas ( not more than 10 public places per political party or independent candidate. aggroupment. pledges or support for or against a candidate. 12‟ 16‟).D. Publishing or distributing campaign literature or materials designed to support or oppose the election of any candidate. private places and public places Rally streamers (3‟ x 8‟) NOT MORE THAN 2 Paid Advertisements at Discounted Rates Print : 1/4th page in broadsheet and ½ page in tabloid 3x a week Television: 120 minutes for candidate for nationally elective office and 60 for local Radio: 180 minutes for candidate for nationally elective office and 90 for local COMELEC free space (3 national newspaper for nationally elective officials and 1 national newspaper for local) and airtime (3 national television networks for nationally elective officials and 1 station for local ) : equal allocation for all candidates for 3 calendar days Authorized Expenses ( multiplied with the total number of registered voters )    P 10 for president / vice president P 3 for other candidates for every voter currently registered in the constituency P 5 for independent candidates and political parties . RA 9006 – FAIR ELECTION ACT Important Features: 1) Repeal of Sec. running for any office other than the one which he is holding in a permanent capacity shall not be considered ipso facto resigned from his office upon the filing of his certificate of candidacy. 67 of the OEC – Now. E. any ELECTIVE official. 2) Lifting of the Political Ad Ban – Written and Printed Materials (8. or coalition of parties. Directly or indirectly soliciting votes. 3) When the acts enumerated above are NOT considered an election campaign/partisan political activity. whether national or local.

Age: 18 years old and over. Residence He /she should have resided in the Philippines for one year and Resided in the city/municipality wherein he proposes to vote for at least 6 months immediately preceding the election. B.Voters Qualifications   1. the person concerned will be deemed NOT to have lost his original residence: A. profession. 2. Service in the army. Educational activities C. However. Transfer solely because of occupation. . Computerized and Permanent Disqualifications A. Work in military or naval reservations D. However. * RA 8189 – VOTER”S REGISTRATION ACT OF 1996 Q: Can there still be general registration of voters? A: No more. Any person who has been adjudged by final judgment by competent court or tribunal of having committed any crime involving disloyalty to the duly constituted government such as rebellion or any crime against national security: 1. national police force E. UNLESS restored to his full civil and political rights in accordance with law. he shall regain his right to vote automatically upon expiration of 5 years after service of sentence. any person disqualified to vote shall automatically reacquire the right to vote upon expiration of 5 years after service of sentence. Residence Requirement If the transfer of residence is due to any of the following reasons. Confinement/detention in government institutions in accordance with law. 2. navy or air force. If sentenced by final judgment to suffer imprisonment for not less than 1 year and such disability was not removed by plenary pardon or has not been granted amnesty. because 8189 (7) provides for such only for the May ‟98 elections Q: What kind of registration system do we have? A: Continuing. employment in private or public service B.

proof of notice of hearing Deactivation means removing the registration records of persons from the precinct book of voters and place the same. D. in the inactive file after entering the cause of deactivation. stating grnds. political party representative How – in writing. candidate.C. The municipal and metropolitan trial courts shall have original and exclusive jurisdiction over all matters of inclusion and exclusion of voters from the list in their respective municipalities or cities. Petition filed at any time except 105 days before regular election or 75 days before special election B. properly marked and dated in indelible ink. Decisions may be appealed to the RTC within 5 days from receipt of notice of decision. 65 days before special election Grounds when the List of Voters will be altered:       Deactivation/ Reactivation Exclusion/ Inclusion Cancellation of Registration in case of Death New voters Annulment of Book of Voters Transfer of Residence How is challenge to right to register effected? Who – any voter. Jurisdiction in Inclusion/Exclusion cases A. How is reactivation of registration effected ? Sworn application for reactivation Affidavit Not later than 120 days before regular election and 90 days before special election . Exclusion is through sworn petition and not later than 100 days before regular election. under oath. C. Insane or incompetent persons as declared by competent authority. Decision is final and executory. E. RTC will decide the appeal within 10 days. Note: Relate this to Article IX of the Constitution which provides that the COMELEC has no jurisdiction over questions involving the right to vote.

notice and hearing. impersonation. orderly and honest election in any political subdivision COMELEC can postpone the election (when decided by a majority vote of the COMELEC sitting en banc. intimidation.Annulment of Book of Voters is through verified petition. Upon a verified petition by any interested party. bribery. Effects of above causes A. It should not be later than 30 days after the cessation of the cause for such postponement or suspension of the election or failure to elect. after due notice and hearing Date of new election The date of the postponed election should be reasonably close to the date of the election not held. any similar irregularity or which contains data that are statistically improbable Cannot be done within 90 days before election Postponement of Election Causes      Effect Violence Terrorism Loss or destruction of election paraphernalia/records Force majeure Other analogous causes It is impossible to hold a free. forgery. force. or which resulted in a failure to elect. B. suspended. Election was suspended before the hour fixed by law for the closing of the voting . RA 7166): A. not prepared in accordance with law or prepared through fraud. the causes for the declaration of the failure of election may occur before or after the casting of votes or on the day of the election. Failure of Election Causes      Force majeure Violence Terrorism Fraud Other analogous causes Under RA 7166. Motu proprio B. Election in any polling place was not held on the date fixed.

5. sitting en banc. 3. 2. according to the Veterans Federation Case The 5 major political parties are now entitled to participate in the party list system Parties receiving at least 2% of the total votes cast for the party-list system shall be entitled to one seat each . RA 7941 – Party-List System Act   Seeks to promote proportional representation Any party already registered need not register anew. This is decided by the COMELEC. Elections results in a failure to elect (after the voting and during the preparation and transmission of the election returns or in the custody or canvass thereof) AND the failure or suspension of the election would affect the result of the election Remedy COMELEC can call for the holding or continuation of the election not held.20 = # of party list reps    There are presently 208 legislative districts. 7.C. suspended.80) x 0. 6. 8. Religious sect or denomination. organization Advocates violence Foreign party or organization Receives foreign support Violates election law Untruthful statements in its petition Ceased to exist for at least one year Failed to participate in the last two preceding elections or fails to obtain at least 2% of the votes cast under the party-list system in the 2 preceding elections for the constituency in which it has registered Grounds for refusing or canceling registration of Party-Lists groups 1. 4. Nomination of party-list reps should not include any candidate for any elective office or a person who has lost his bid for an elective office in the immediately preceding election Incumbent sectoral representatives in the House of Representatives who are nominated in the party-list system shall not be considered resigned Party List Reps constitute 20% of the total number of the members of the House of Reps including those under the party-list How do we determine the number of party list seats in the House of Reps? (# of District Reps / 0. File manifestation not later than 90 days before election. or which resulted in a failure to elect. The election should be held not later than 30 days after the cessation of the cause of the postponement or suspension of the election or failure to elect. by a majority vote of its members.

(Board of canvassers have original jurisdiction while COMELEC have appellate jurisdiction) 1.   No party shall be entitled to more than 3 seats Currently. contain material defects. Ranking in the list submitted determines who shall represent party or organization. 3. Illegal composition or proceedings of the board of canvassers 2. A list with 5 names should be submitted to COMELEC as to who will represent the party in the Congress. 235) 4. So 20 % of 260 is 52 seats. But this is only a ceiling. 234) 3. coercion. It would also refer to any matter raised under Sections 233. Discrepancies in election returns (Sec. and 236 of the Omnibus Election Code in relation to the preparation. consider locality or literacy rate Rule 211 of the OEC Incumbency / Surname Cannot ascertain – STRAY VOTE Rules for Appreciation of Ballots      Pre-Proclamation Controversies Definition 1. transmission. there are 260 seats. lost or destroyed (Sec. A pre-proclamation controversy refers to any question pertaining to or affecting the proceedings of the board of canvassers which may be raised by any candidate or by any registered political party or coalition of political parties before the board or directly with the COMELEC. receipt. Liberal Construction in favor of the validity of the ballot Look at the ticket slate. (Sec. or intimidation. When election returns are delayed. The canvassed election returns are incomplete.233) 2. . 236) C. threats. custody. Material defects in the election returns (Sec. Those that can be filed with COMELEC directly are the ff:   Issue involves the illegal composition or proceedings of the board of canvassers. 235. appear to be tampered with or falsified. When election returns appear to be tampered with or falsified. or contain discrepancies in the same returns or in authentic copies thereof. or they are obviously manufactured. as when a majority or all of the members do not hold legal appointments or are in fact usurpers Issue involves the correction of manifest errors in the tabulation or tallying of the results during the canvassing Recount There can be a recount under the grounds of 234-236. or not authentic. 234. 1. and appreciation of the election returns. The returns involved will affect the results and the integrity of the ballot box has been preserved Issues that may be raised in a pre-proclamation controversy 1. The election returns were prepared under duress.

Contested election returns (under RA 7166) Matters relating to the preparation. receipt. Effect of filing petition to annul or suspend proclamation It suspends the running of the period within which to file an election protest or quo warranto proceedings. When not allowed Pre-proclamation cases on matters relating to the preparation. Its decision shall be executory after the lapse of 5 days from receipt by the losing party of the decision. BUT: Questions affecting the composition or proceedings of the board of canvassers may be initiated in the board or directly with COMELEC.4. and certificate of canvass. transmission. C. This is without prejudice to the filing of a regular election protest by the aggrieved party. custody and appreciation of the election returns or the certificates of canvass NOT allowed in elections for: (under RA 7166)     President Vice-President Senator Member of the House of Representatives BUT: The appropriate canvassing body motu propio or upon written complaint of an interested person can correct manifest errors in the certificate of canvass or election returns before it. custody and appreciation of the election returns. should be brought in the first instance before the board of canvassers only. HOWEVER: Proceedings MAY CONTINUE if: . All pre-proclamation cases pending before the COMELEC shall be deemed terminated at the beginning of the term of the office involved and the rulings of the boards of canvassers concerned deemed affirmed. 2. Pre-proclamation controversies shall be heard summarily by the COMELEC. receipt. transmission. B. B. Summary nature of pre-proclamation controversy 1. the results of which materially affected the standing of the aggrieved candidate/s. Procedure A. When pre-proclamation cases are deemed TERMINATED (RA 7166) 1. Contested composition or proceedings of the board (under RA 7166) It may be initiated in the board or directly with COMELEC. unless restrained by the SC. When substitute or fraudulent returns in controverted polling places were canvassed.

COMELEC. qualifications of all elective:    Regional Provincial City officials Appellate Jurisdiction COMELEC has APPELLATE jurisdiction over all contests involving: A. ( Flores v. Pre-proclamation controversy 1. It does NOT preclude a special civil action of certiorari. returns.1.1991) Distinctions between Pre-Proclamation Controversy and Election Contest 1) Dividing line: Proclamation of a candidate 2) Jurisdiction A. Elective MUNICIPAL officials decided by trial courts of GENERAL jurisdiction B. Elective BARANGAY officials decided by trial courts of LIMITED jurisdiction Who can file a petition contesting the election Any candidate who has duly filed a certificate of candidacy and has been voted for the same office Purpose of an election contest The defeated candidate seeks to outs the proclaimed winner and claims the seat. rulings of the Commission on election contests involving municipal and barangay offices are final. final orders. 184 SCRA 484) B. (Galido v. Election Contest Original Jurisdiction COMELEC has ORIGINAL jurisdiction over contests relating to the elections. This only applies to questions of FACT. COMELEC. Jan.The jurisdiction of COMELEC is administrative/quasi-judicial . The COMELEC determines that the petition is meritorious and issues an order for the proceedings to continue or 2. executory and not appealable: A. The Supreme Court issues an order for the proceedings to continue in a petition for certiorari. Final COMELEC Decisions Provision that decisions. 18.

association. Relate to the provision in RA 7166 allowing pre-proclamation controversy proceedings to continue even after a proclamation has been made. To vote for or against any aspirant for the nomination or choice of a candidate in a convention or similar selection C. Presentation of a complaint supported by affidavits of complaining witnesses attesting to the offer or promise by or the voters acceptance of money or other consideration from the relatives. 2. Election contest 1. or cause an expenditure to be made to any person. directly or indirectly. Covered acts 1. Disputable presumption of conspiracy: . leaders or sympathizers of a candidate is sufficient basis for an investigation by the COMELEC. Purpose of acts 1. 4) However. corporation. public or private B. Making or offer to make any expenditure.It is governed by the requirements of administrative due process B.Soliciting or receiving. Election Offenses ( Selected Offenses) Vote buying and vote-selling A.The jurisdiction of COMELEC is judicial 2. offer or promise money or anything of value 2.directly or through its duly authorized legal officers. it ceases to be a pre-proclamation controversy and becomes an election contest cognizable by the RTC.Give. To induce anyone or the public in general to vote for or against any candidate or withhold his vote in the election or 2. directly or indirectly. any expenditure or promise of any office or employment. in some cases. the SC has recognized the jurisdiction of COMELEC over municipal cases even after proclamation. entity or community 3.2.It is governed by the requirements of judicial process 3) In some cases. even if the case (involving municipal officials) began with the COMELEC before proclamation but a proclamation is made before the controversy is resolved. Under RA 6646 (Prosecution of vote-buying/selling) 1.

agency or instrumentality.Appointing or hiring a new employee (provisional. city or province has been offered. Prohibited acts 1. employer/landowner B. Who can be held liable: Any head/official/appointing officer of a government office. temporary or casual) 2. members. public officer 2. any subordinates. Period when acts are prohibited . promised or given money. Prohibited acts 1. Coercing.Proof that at least one voter in different precincts representing at least 20% of the total precincts in any municipality. tillers or lease holders to aid. in any manner. wage or compensation or by demotion. 2. 4. Who can be held liable 1. creation of new position. leaders and/or sympathizsrs for the purpose of promoting the election of such candidate. Dismissing or threatening to dismiss. Disputable presumption of involvement Proof affects at least 20% of the precincts of the municipality. valuable consideration or other expenditure by a candidate relatives. punishing or threatening to punish by reducing salary. whether national or local. including GOCCs. 3. farm helpers. Appointment of new employees. promotion or giving salary increases: A. C. heads/superior/administrator of any religious org. city or province to which the public office aspired for by the favored candidate relates. campaign or vote for or against a candidate or aspirant for the nomination or selection of candidates. parishioners or employees or house helpers. intimidating or compelling or influencing. transfer.Creating or filling any new position 3. tenants. This will constitute a disputable presumption of the involvement of such candidate and of his principal campaign managers in each of the municipalities concerned in the conspiracy Coercion of a subordinate A. suspension etc. B.Promoting/giving an increase in salary. remuneration or privilege to any government official or employee. overseers. officer of a public/private corporation/association 3.

Ongoing public work projects commenced before the campaign period or similar projects under foreign agreements. a new employee may be appointed. 5. 45 days before a regular election 2. or by negotiated contract awarded before the 45 day period before election 3. Exceptions 1. Upon prior authority of COMELEC if it is satisfied that the position to be filled is essential to the proper functioning of the office/agency concerned AND that the position is not filled in a manner that may influence the election 2. work undertaken by contract through public bidding. maintenance of existing/completed public works project. provincial. Exception 1. disbursement or expenditure of public funds A. With prior approval of COMELEC 2. General rule: public official CANNOT suspend any of the officers enumerated above during the election period. Suspension of elective. Prohibited acts: The release. B. 45 days before a regular election 2. municipal or barangay officer of public A. disbursement or expenditure of public funds for any and other kinds works C. payment for the usual cooperation for working drawings. 30 days before a special election D. 2. 30 days before a special election D. specfications and other procedures preparatory to actual construction including the purchase of material and equipment and incidental expenses for wages. 4.1. Period when acts are prohibited: 1. Notice of appointment should be given to COMELEC within 3 days from appointment. Prohibition against release. Exceptions 1. city. Emergency work necessitated by the occurrence of a public calamity but such work shall be limited to the restoration of the damaged facility. Suspension is for the purpose of applying the Anti-Graft and Corrupt Practices Act In relation to registration of voters/voting  Unjustifiable refusal to register and vote . Who can be held liable: Any public official or employee including barangay officials and those of GOCCs/subsidiaries B. In case of urgent need.

Failure to give notice of meetings to other members of the board. the period of prescription shall commence on the date on which the judgment in such proceedings becomes final and executory Jurisdiction of courts 1. in the presence of the voter.  Voting more than once in the same election/voting when not a registered voter Voting in substitution for another with or without the latters‟ knowledge and/or consent etc. If the discovery of the offense is made in an election contest proceeding. A person who has been declared a nuisance candidate or is otherwise disqualified who continues to misrepresent himself as a candidate (Ex. Other election offenses under RA 6646 1. before delivering the ballot to the voter. Reference: Election Law Reviewer and Memory Aid Ateneo Posted in Political Law Leave a Comment Tags: Election Law Reviewer and Memory Aid Political Law (Constitutional Law) – Article XVIII DEC 20 Posted by Magz . Election offenses shall prescribe after 5 years from the date of their commission 2. 2. If the chairman of the BEI fails to affix his signature at the back of the official ballot. RTC has exclusive original jurisdiction to try and decide any criminal action or proceedings for violation of the Code. Refusing to issue the certificate of voters to the duly accredited watchers (committed by a member of the BEI) 4. Causing the printing of official ballots and election returns by printing establishments not on contract with COMELEC and printing establishments which undertakes unauthorized printing 2. (under RA 7166) Prescription of Election Offenses 1. 7. MTC/MCTC have jurisdiction over offenses relating to failure to register or vote. Person who violated provisions against prohibited forms of election propaganda 5. Tampering. candidate or political party (committed by the Chairman of the board of canvassers) 6. increasing or decreasing the votes received by a candidate or refusing after proper verification and hearing to credit the correct votes or deduct the tampered votes (committed by a member of the board of election inspectors) 3. by continuing to campaign) and any public officer or private individual who knowingly induces or abets such misrepresentation by commission or omission.

Ratification of the agreement in a plebiscite is necessary only when Congress so requires. 2) Revision: An examination of the entire Constitution to determine how and to what extent it should be altered. Constituent power v. Reference: Political Law (Constitutional Law) Reviewer & Memory Aid Ateneo Central Bar Operations 2001 Louie.Article XVIII Political Law (Constitutional Law) – Article XVII DEC 20 Posted by Magz ARTICLE XVII. Ronald Posted in Constitutional Law. Gem. 1987. Political Law Leave a Comment Tags: Political Law (Constitutional Law) . Military bases agreements 1) 2) 3) Renewals of military bases agreements must be through a strict treaty. which was the day the people cast their votes ratifying the Constitution.AMENDMENTS OR REVISIONS Definitions: 1) Amendment: an alteration of one or a few specific provisions of the Constitution. Section 25 of Article XVIII allows possible local deployment of only AMERICAN forces. by the people through initiative and referendum. The changes brought about by amendments will not affect the other provisions of the Constitution. Its main purpose is to improve specific provisions of the Constitution. A revision implies substantive change. According to the SC. Carrie. this took place on February 2. Thel. Legislative power is the power to pass.ARTICLE XVIII – TRANSITORY PROVISIONS Effectivity of the 1987 Constitution   The 1987 Constitution took effect immediately upon its ratification. by a Constitutional Convention or Commission. Legislative power 1) Constituent power is the power to formulate a Constitution or to propose amendments to or revisions of the Constitution and to ratify such proposal. Evelyn. 2) Constituent power is exercised by Congress (by special constitutional conferment). affecting the Constitution as a whole. and . repeal or amend or ordinary laws or statutes (as opposed to organic law).

By a majority vote of all its members. or b). But in so doing. 3) BUT: The manner of calling a ConCon is subject to judicial review. acting as a constituent assembly.ultimately by sovereign electorate. In other words. Congress may call a ConCon by a 2/3 vote of all its members. C. Constitutional Convention: 1) How a Constitutional Convention may be called a). 2) Choice of which constituent assembly (either Congress or ConCon) should initiate amendments and revisions is left to the discretion of Congress. acting as a constituent assembly. by a 3/4 vote of all its members. it is a political question. as a constituent assembly and the ConCon have no power to appropriate money for their expenses. 5) Congress. whereas legislative power is an ordinary power of Congress and of the people. Congress (as legislature) should not transgress the resolution of Congress acting as a constituent assemble. calls for a ConCon but does not provide the details for the calling of such ConCon. B. because the Constitution has provided for vote requirements. whereas the exercise of legislative power ordinarily needs the approval of the Chief Executive.   The power of Congress to propose amendments is NOT part of its ordinary legislative power. Congress. The only reason Congress can exercise such power is that the Constitution has granted it such power. 3) The exercise of constituent power does not need the approval of the Chief Executive. also through initiative and referendum. 2) Submission of the proposed amendments or revisions. 4) If Congress. Congress may submit to the electorate the question of whether to call a ConCon or not. except when done by people through initiative and referendum. Congress – exercising its ordinary legislative power – may supply such details. People’s Initiative . Money may be spent from the treasury only to pursuant to an appropriation made by law. and 3) Ratification Proposal of amendments: Amendments may be proposed by: A. Three (3) steps necessary to give effect to amendments and revisions: 1) Proposal of amendments or revisions by the proper constituent assembly.

upon a vote of 3/4 of its members By a constitutional convention Ratification 1) a) Amendments and revisions proposed by Congress and/or by a ConCon: Valid when ratified by a MAJORITY of votes cast in a plebiscite. the courts may determine whether the assembly has acted in accordance with the Constitution. b) Whether the approved proposals were properly submitted to the people for ratification. 2) Since these constituent assemblies owe their existence to the Constitution. 2) a) Amendments proposed by the people via initiative: Valid when ratified by a MAJORITY of votes cast in a plebiscite. Note: 1) While the substance of the proposals made by each type of constituent assembly is not subject to judicial review. b) Plebiscite is held not earlier than 60 days nor later than 90 days after the certification by COMELEC of the petition‟s sufficiency 3) Requisites of a valid ratification: . b) Plebiscite is held not earlier than 60 days nor later than 90 days from the approval of such amendments or revisions. the manner the proposals are made is subject to judicial review. 2) Every legislative district represented by at least 3% of the registered voters therein. Proposal of Revisions 1) 2) By Congress.1) Petition to propose such amendments must be signed be at least 12% of ALL registered voters. 3) Limitation: It cannot be exercised oftener than once every 5 years. 3) Examples of justiciable issues: a) Whether a proposal was approved by the required number of votes in Congress (acting as a constituent assembly).

c) All the proposed amendments/revisions made by the constituent assemblies must be submitted for ratification in one single plebiscite. There cannot be a piece-meal ratification of amendments/revisions.Article XVII Political Law (Constitutional Law) – Article XVI DEC 20 Posted by Magz ARTICLE XVI – GENERAL PROVISIONS Sections 1-2. UNLESS the proposed amendments/revisions so provide. Symbols of Nationality 1) Flag . That Congress could have done better does not make the steps taken unconstitutional. Supervised by the COMELEC. b) The determination of the conditions under which proposed amendments/revisions are submitted to the people falls within the legislative sphere. Evelyn. they may be submitted for ratification simultaneously with a general election. Ronald Posted in Constitutional Law. Issues regarding ratification: a) The Constitution does not require that amendments and revisions be submitted to the people in a special election. Political Law Leave a Comment Tags: Political Law (Constitutional Law) . d) Presidential proclamation is NOT required for effectivity of amendments/revisions. Thus. Carrie. and Where only franchised voters (registered) voters take part. Reference: Political Law (Constitutional Law) Reviewer & Memory Aid Ateneo Central Bar Operations 2001 Louie. Gem. Thel.a) b) c) 4) Held in a plebiscite conducted under the election law.

and blue. and the suit is really one against the State. 3) This rule applies not only in favor of the Philippines but also in favor of foreign states.   Red. The law expressly grants the authority to sue the State or any of its agencies. or bad faith. white. he can be held personally liable for damages. Express consent: 1). State Immunity Suability of State 1) The State cannot be sued without its consent. without malice. or (c) National seal. Note: Law will take effect upon ratification by the people in a NATIONAL REFERENDUM. 4) The rule likewise prohibits a person from filing for interpleader. but is such that ultimate liability shall devolve on the government i. c). they are not personally liable. Suit is against a government official. ii. Section 3. BUT: If he acted pursuant to his official duties. with the State as one of the defendants being compelled to interplead. 2) Congress may. b). When a public officer acts in bad faith. The Republic is sued by name. Consent to be sued A. Suits against an un-incorporated government agency. adopt a new: (a) Name for the country. Examples: . negligence. With a sun and 3 stars The design may be changed by constitutional amendment. 2). or beyond the scope of his authority. by law. (b) National anthem. 2) When considered a suit against the State a).

3). Garnishment of government funds: 1) GENERAL RULE: NO. a). Suit against an incorporated government agency. a). The contract must be entered into by the proper officer and within the scope of his authority. Thus. . A law creating a government body expressly providing that such body “may sue or be sued. Art. then the money can be garnished. 2) EXCEPTION: A law or ordinance has been enacted appropriating a specific amount to pay a valid government obligation.” b). Implied consent: 1). UNLESS: The operation is incidental to the performance of a governmental arrastre services) function (e. 4). b). 2). The State files suit against a private party. b).g. Consent to be sued is not equivalent to consent to liability: 1) The Fact that the State consented to being sued does not mean that the State will ultimately be held liable. B. Whether the money is deposited by way of general or special deposit. when the State conducts business operations through a GOCC. they remain government funds and are not subject to garnishment. The State enters into a private contract. even if its charter contains no express “sue or be sued” clause. 2180 of the Civil Code. a) This is because they generally conduct propriety business operations and have charters which grant them a separate juridical personality. UNLESS: The contract is merely incidental to the performance of a governmental function.a). the latter can generally be sued. which creates liability against the State when it acts through a special agent. UNLESS: The suit is entered into only to resist a claim. The State enters into an operation that is essentially a business operation.

directly or indirectly.Article XVI Political Law (Constitutional Law) – Article XIV DEC 20 Posted by Magz ARTICLE XIV – EDUCATION.2) Even if the case is decided against the State. an award cannot be satisfied by writs of execution or garnishment against public funds. CULTURE. Thel. ARTS. including GOCCs or their subsidiaries. The Chief of Staff: 1) Tour of duty: Not exceed to three years 2) EXCEPTION: In times of war or other national emergency as declared by Congress. Reason: No money shall be paid out of the public treasury unless pursuant to an appropriation made by law. except to vote. Political Law Leave a Comment Tags: Political Law (Constitutional Law) . Ronald Posted in Constitutional Law. Carrie. 2) Members of the AFP in active service cannot be appointed to a civilian position in the government. Gem. Evelyn. Reference: Political Law (Constitutional Law) Reviewer & Memory Aid Ateneo Central Bar Operations 2001 Louie. AND SPORTS . in any partisan political activity. the President may extend such tour of duty. SCIENCE AND TECHNOLOGY. THE ARMED FORCES OF THE PHILIPPINES Composition: A citizen armed force Prohibitions and disqualifications: 1) Military men cannot engage. Section 4.

the State may limit the right to enter medical school by requiring the applicants to take the NMAT. reasonable. 2) Elementary education is compulsory for all children of school age. e. this is a moral rather than a legal compulsion. Educational Institutions I. 2) The right to affordable and accessible education. Filipinization .g. after due process. for disciplinary reasons. However. and 3) Education that is relevant to the needs of people and society. or the good name or reputation of the school. 2) Acts committed outside the school may also be a ground for disciplinary action if: a) It involves violations of school policies connected to school-sponsored activities. Right to Education and Academic Freedom The right to education must be read in conjunction with the academic freedom of schools to require “fair.Education Goals of the State: The State shall promote and protect: 1) The right to quality education at all levels. or b) The misconduct affects the student‟s status. and equitable admission requirements. Regulation of Right to Education The right to education in particular fields may be regulated by the State in the exercise of its police power. Free Education 1) The State shall maintain a system of free education in: a) Elementary level. and b) High school level.” Power to Dismiss Students 1) Schools have the power to dismiss students.

3). Filipino citizens. Academic Freedom . directly and exclusively used for educational purposes are exempt from taxes and duties. directly and exclusively used for educational purposes are exempt from taxes. Student Population: 1). endowments. EXCEPT: Schools established by religious groups and mission boards. and unless otherwise provided for by law for other foreign temporary residents. Refers to line positions. Aliens can only comprise up to 1/3 of total enrollment. II. Must be vested in Filipino citizens 2). Tax Exemptions A. subject to conditions prescribed by law. donations and contributions actually. Ownership: 1). or 2). non-profit educational institutions: 1) All revenues and assets actually. B. Principal. III. including cooperatives: 1) Entitled to exemptions as may be provided by law. 2) This is self-executory B. Control and Administration: 1). C.A. GENERAL RULE: Cannot establish school exclusively for aliens. 2). Non-stock. Proprietary educational institutions. Congress may increase Filipino equity requirements in ALL educational institutions. Dean. and Trustees 3). Corporations incorporated in RP and 60% Filipino-owned. EXCEPTIONS: Schools established for foreign diplomatic personnel and their dependents. Faculty members may be foreigners. such as President. including restrictions on dividends and reinvestment 2) Requires an enabling statute 3) Grants.

A. Educational Institutions Schools have the freedom to determine: 1) Who may teach, 2) What may be taught, 3) How it shall be taught, and 4) Who may be admitted to study. 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. 2) Freedom in the classroom in discussing their subjects, but they should be careful not to introduce into their teaching controversial matter which has no relation to their subjects. 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 1) Dominant police power of the State 2) Social interest of the community E. Budgetary Priority: 1). Education must be assigned the highest 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. Religious Education in Public Schools: Religion may be taught in public schools subject to the following requisites:

1) Express written option by parents and guardians; 2) Taught within regular class hours; 3) Instructors are designated and approved by the proper religious authorities; and 4) WITHOUT ADDITIONAL COST TO THE GOVERNMENT. Section 6. Language 1) National language: Filipino 2) Official Languages: Filipino, and unless otherwise provided by law, English. 3) Regional languages are auxiliary to the official languages. 4 (Spanish and Arabic are promoted only on an optional and voluntary basis. Reference: Political Law (Constitutional Law) Reviewer & Memory Aid Ateneo Central Bar Operations 2001 Louie, Carrie, Evelyn, Thel, Gem, Ronald

Posted in Constitutional Law, Political Law Leave a Comment Tags: Political Law (Constitutional Law) - Article XIV

Political Law (Constitutional Law) – Article XIII
DEC 20 Posted by Magz

ARTICLE XIII – SOCIAL JUSTICE AND HUMAN RIGHTS

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.

Principal activities in order to achieve social justice
1) Creation of more economic opportunities and more wealth; and 2) Closer regulation of the acquisition, ownership, use and disposition of property in order to achieve a more equitable distribution of wealth and political power.

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. Ø The right to organize is given to all kinds of workers BOTH in the PRIVATE and PUBLIC sectors. Ø The workers have a right to hold peaceful concerted activities except the right to strike, which is subject to limitation by law.

Right to organize and to hold peaceful concerted activities
 

Right to participate in the decision making process of employers
The workers have the right to participate on matters affecting their rights and benefits, “as may be provided by law”. This participation can be through 1) 2) 3) 4) collective bargaining agreements, grievance machineries, voluntary modes of settling disputes, and conciliation proceedings mediated by government.

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 3) a just share of other or seasonal farmworkers in the fruits of the land.
CARL as an exercise of police power and power of eminent domain

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.

Therefore.Reach of agrarian reform  It extends not only to private agricultural lands. . and 2) 4 members Qualifications: 1) Natural-born citizens of the Philippines. Violations may be committed by public officers or by civilians or rebels. They cannot investigate cases where no rights are violated. or COA. i. CSC. B. but also to “other natural resources. and 5) The CHR is not of the same level as the COMELEC. 2) Adopt operational guidelines and rules of procedure. D. E. 4) The appointment of the CHR members is NOT subject to CA confirmation. other qualifications and disabilities shall be provided by law.” even including the use and enjoyment of “communal marine and fishing resources” and “offshore fishing grounds”. Example: There is no right to occupy government land. in accordance with the Rules of Court. CHR cannot investigate violations of social rights. squat thereon. CHR has NO adjudicatory powers over cases involving human rights violations. Powers: 1) Investigate all forms of human rights violations involving civil or political rights A. 3) Cite for contempt for violations of its rules. 2) Majority of the Commission must be members of the Philippine Bar. The Commission on Human Rights Composition: 1) Chairman.e. C. eviction therefrom is NOT a human rights violation. 3) Term of office.

5) Exercise visitorial powers over jails. B. education and information in order to enhance respect for the primacy of human rights. These must be obtained from the regular courts. CHR can initiate court proceedings on behalf of victims of human rights violations. 11) Appoint its officers and employers in accordance with law. They can recommend the prosecution of human rights violators. as well as Filipinos residing abroad. A. or agency in the performance of its functions. but it cannot itself prosecute these cases.4) Provide appropriate legal measures for the protection of the human rights of all persons. Carrie. and provide for preventive measures and legal aid services to the underprivileged whose human rights have been violated or need protection. Gem. C. 10) Request assistance from any department. within the Philippines. Evelyn. 7) Recommend to Congress effective measures to promote human rights and to provide compensation to victims of human rights violations or their families. prisons and other detention facilities. Ronald Posted in Constitutional Law. bureau. office.Article XIII Political Law (Constitutional Law) – Article XII . BUT: The CHR cannot issue restraining orders or injunctions against alleged human rights violators. 12) Perform such other functions and duties as may be provided for by law Reference: Political Law (Constitutional Law) Reviewer & Memory Aid Ateneo Central Bar Operations 2001 Louie. 9) Grant immunity from prosecution to any person whose testimony or whose possession of documents or other evidence is necessary or convenient to determine the truth in any CHR investigation. 8) Monitor compliance by the government with international treaty obligations on human rights. Political Law Leave a Comment Tags: Political Law (Constitutional Law) . 6) Establish continuing programs for research. Thel.

2. It refers to lands held by the government in a proprietary character: can provide for the exploitation and use of lands and other natural resources. The State shall promote industrialization and full employment 1. cooperatives. It should be based on sound agricultural development and agrarian reform 2. and 3. income and wealth. shall be encouraged to broaden the base of their ownership Section 2. Imperium Government authority possessed by the State which is appropriately embraced in sovereignty. and similar collective organizations. Dominium 1. GOALS OF THE NATIONAL ECONOMY Three-fold goal: 1. Protection of Filipino enterprises The State shall protect Filipino enterprises against unfair foreign competition and trade practices. 1. More equitable distribution of opportunities. 2. 1. as the key to raising the quality of life for all. Role of Private Enterprises Private enterprises. Expanding productivity. REGALIAN DOCTRINE Distinction between Imperium and Dominium. Industries should also be competitive in both domestic and foreign markets. Scope: The following are owned by the State: . 2. Sustained increase in the amount of goods and services produced by the nation for the benefit of the people. including corporations.DEC 20 Posted by Magz ARTICLE XII – NATIONAL ECONOMY AND PATRIMONY Sec. It should be through industries that make full and efficient use of human and natural resources. The capacity of the State to own and acquire property.

General Rule: All natural resources CANNOT be alienated 2. petroleum. JOINT VENTURE OR PRODUCTION-SHARING arrangements with 1.1. The state may enter into CO-PRODUCTION. Period: It should not exceed 25 years. Fisheries. and Other natural resources. Corporation or association at least 60% of whose capital is owned by such citizens 3. Limitations: A. Wildlife. Lands of the public domain: Waters Minerals. Exception: Agricultural lands Exploration. All sources of potential energy. Flora and fauna. and other mineral oils. In case of water rights/water supply/fisheries/industrial uses other than the development of water power . coals. The state may DIRECTLY UNDERTAKE such activities B. Shall be under the full control and supervision of the State 2. Alienation of Natural Resources 1. 4. Development and Utilization of Natural Resources 1. Means A. renewable for not more than 25 years B. Filipino citizen or 2. Forests or timber. Under terms and conditions as may be provided by law.

The State shall reserve its use and enjoyment exclusively to Filipino citizens. Congress may also authorize cooperative fish farming with priority given to subsistence fishermen and fishworkers in the rivers. lakes. In the agreements. Protection of Marine Wealth 1. petroleum. of minerals. 4. bays and lagoons. Development and Utilization of Minerals/Petroleum/Other Mineral Oils 1. They should be based on the real contributions to economic growth and general welfare of the country. The State shall protect its marine wealth in its Archipelagic waters Territorial sea & EEZ 2.The beneficial use may be the measure and limit of the grant. Management and service contracts are not allowed under this rule. Large-Scale Exploration. These agreements should be in accordance with the general terms and conditions provided by law. LANDS OF THE PUBLIC DOMAIN ARE CLASSIFIED INTO 1. The President should notify Congress of every contract under this provision within 30 days from its execution. 2. and other mineral oils. 5. Forest/timber . Small-scale Utilization of Natural Resources 1. the State should promote the development and use of local scientific and technical resources. 3. Congress may. The President may enter into agreements with foreign owned corporations involving technical or financial assistance for large-scale exploration etc. authorize small-scale utilization of natural resources by Filipino citizens 2. Agricultural 2. by law. Section 3.

Taking into account the requirements of conservation. Can lease up to 500 hectares B. . For Filipino citizens A. ecology and development. Only agricultural lands are alienable. 2. 2. the fact that forest land is denuded does not mean it is no longer forest land.3. Congress shall determine by law the size of the lands of the public domain which may be acquired. Acquired from government by purchase or grant. Mineral lands & 4. Agricultural lands may be further classified by law according to the uses to which they may be devoted. homestead or grant. and subject to the requirements of agrarian reform. National Parks Note: 1.000 hectares Note: A corporation sole is treated like other private corporations for the purpose of acquiring public lands. developed. They can only hold alienable lands of the public domain BY LEASE B. held or lease and the conditions therefore. Can ACQUIRE not more than 12 hectares by purchase. renewable for not more than 25 years C. Thus. Classification is descriptive of the legal nature of the land and NOT what it looks like. Alienable lands of public domain 1. Limitations regarding Alienable Lands of the Public Domain 1. Area: Lease cannot exceed 1. Period: Cannot exceed 25 years. Means by Which Lands of the Public Domain Become Private Land 1. Classification of public lands is an exclusive prerogative of the Executive Department through the Office of the President. For private corporations or associations A. upon recommendation by the DENR. 2.

marking clearly their boundaries on the ground. in possession since time immemorial. determine by law. Section 7. as soon as possible. “ANCESTRAL DOMAIN” A. Presumption is that land belongs to the State. It refers to lands which are considered as pertaining to a cultural region B. presumption is that the land was never part of public domain. 2. Here. In computing 30 years. Congress may use customary laws on property rights and relations. This includes lands not yet occupied. and 3. ANCESTRAL LANDS Protection of Indigenous Cultural Communities 1. A. In determining ownership and extent of ancestral domain. 3. Uninterrupted possession by the occupant and his predecessors-in-interest since time immemorial. Section 4. Subject to national development policies and programs 2. such forest lands and national parks shall be conserved and may not be increased or diminished. not when it was still forest land D. start from when land was converted to alienable land. Subject to Constitutional provisions B. Congress shall provide measures to prohibit logging in 1.2. The State protects the rights of indigenous cultural communities to their ancestral lands A. Congress shall. Section 5. Endangered forest and Watershed areas for such period as it may determine. the specific limits of forest lands and national parks. B. the land becomes private property ipso jure without need of any judicial or other sanction. b. Open. such as deep forests. exclusive. a. PRIVATE LANDS General rule . and undisputed possession of ALIENABLE (agricultural) public land for a period of 30 years. Thereafter. EXCEPT by law. C. Upon completion of the requisite period.

5. Action for reversion under the Public Land Act 3. In this case. An action by the former Filipino owner to recover the land A. subject to limitation provided by law. 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. B. C. Exceptions A. 3. he only acquires derivative title. The former pari delicto principle has been abandoned B. Escheat proceedings 2. even for religious purposes. Remedies to recover private lands from disqualified aliens: 1. Foreign states may acquire land but only for embassy and staff residence purposes. A natural born citizen of the Philippines who has lost his Philippine citizenship may be a transferee of PRIVATE ALND. Restriction against aliens only applies to acquisition of ownership. NATIONAL ECONOMY AND PATRIMONY/INVESTMENTS Power of Congress .1. Thus. at least 60% of whose capital is owned by Filipino citizens 2. land can be used only for residential purposes. 4. Hence. Therefore: A. Alien still has the title (didn‟t pass it on to one who is qualified) Section 10. as long as they do not obtain possession thereof and do not bid in the foreclosure sale. In intestate succession. Aliens may be lessees or usufructuaries of private lands B. Filipino citizenship is only required at the time the land is acquired. loss of citizenship after acquiring the land does not deprive ownership. Corporations or associations incorporated in the Philippines. Aliens may be mortgages of land. Private lands CAN only be transferred or conveyed to: A. where an alien heir of a Filipino is the transferee of private land. Filipino citizens B.

alteration. To whom granted: 1. Power to grant franchises may be delegated to appropriate regulatory agencies and/or LGU‟s Public utility 1. or such higher percentage as Congress may prescribe. a Build-Operate-Transfer grantee is NOT a public utility. can reserve to Filipino citizens or to corporations or associations at least 60% of whose capital is owned by such citizens. Franchise is NOT exclusive in character 3. In order to be considered as a public utility. the State shall give preference to QUALIFIED Filipinos. upon the recommendation of NEDA. 2. certain areas of investment. and thus subject to this provision. Section 11. Congress shall also enact measures to encourage the formation and operation of enterprises whose capital is wholly owned by Filipinos. or repeal by Congress when the common good so requires. Corporations or associations incorporated in the Philippines and at least 60% of the capital is owned by Filipino citizens. Franchise is granted under the condition that it is subject to amendment. or 2. and it leases the same to the government. It is the government which operates the public utility (operation separate from ownership). the undertaking must involve dealing directly with the public. . The BOT grantee merely constructs the utility. 2. privileges and concessions covering the national economy and patrimony. Congress. Congress may directly grant a legislative franchise.1. National Economy and Patrimony In the grant of rights. Filipino citizens or 2. Terms and conditions: 1. FRANCHISES FOR PUBLIC UTILITIES Power to grant: 1. This may be done when the national interest dictates. Duration: Not more than 50 years 2. Thus.

GOCC’s They may be created by: a. National emergency and ii. Duration of the takeover: period of emergency D. Takeover is subject to reasonable terms and conditions E. The participation of foreign investors in the governing body of any public utility enterprise shall be limited to their proportionate share in its capital. Exercised in the interest of national welfare or defense B. Nationalization of vital industries: A. etc of private corporations through a general law. When the public interest requires B. By incorporation under the general corporation law.Participation of Foreign Investors 1. FORMATION/ORGANIZATION/REGULATION OF CORPORATIONS 1. Involves either: . Private corporations Congress can only provide for the formation. Temporary takeover or direction of operations: A. Sections 18-19. No need for just compensation because it is only temporary. 2. C. Special charters in the interest of the common good and subject to the test of economic viability. 2. Foreigners cannot be appointed as the executive and managing officers because these positions are reserved for Filipino citizens. 2. b. Section 16. Conditions i. SPECIAL ECONOMIC POWERS OF THE GOVERNMENT 1. May be used against privately owned public utilities or businesses affected with public interest.

Combinations in restraint of trade or unfair competition are prohibited. public utilities and other private enterprises to be operated by the government. 2. upon payment of just compensation. Section 19. Filipino citizenship or equity requirements: ACTIVITY REQUIREMENTS Exploitation of natural resources CITIZENSHIP AND/OR EQUITY 1. or 2. The Constitution does NOT prohibit the existence of monopolies. Establishment and operation of vital industries.i. Practice of ALL Professions *Congress may. Alien heirs as transferees in case of intestate succession. Filipino citizens. Transfer to public ownership. when public interest so requires. with 60% Filipino ownership Operation of Public Utilities 1. as transferees. MONOPOLIES 1. Filipino citizens. and 4. with 60% Filipino ownership. or ii. Filipino citizens. by law. The State may either regulate or prohibit monopolies. otherwise prescribe Filipino citizens only (natural persons) . 3. Corporations incorporated in RP. 2. Corporations incorporated in RP. Former natural-born citizens of RP. with certain legal restrictions. 3. Corporations incorporated in RP. with 60% Filipino ownership Acquisition of alienable lands of the public domain 1. or 2.

Other economic activities Congress may. Carrie. Filipino citizens. Educational institution 1. Reference: Political Law (Constitutional Law) Reviewer & Memory Aid Ateneo Central Bar Operations 2001 Louie. and 70% Filipino owned. with 60% Filipino ownership EXCEPT: Schools established by religious groups and mission boards. Gem. Corporations incorporated in RP. by law. and 100% Filipino owned Advertising 1. *Congress may. or 2. or 2. Corporations incorporated in RP. reserve to Filipino citizens or to corporations 60% Filipino owned (or even higher) certain investment areas.Article XII Political Law (Constitutional Law) – Article XI DEC 20 Posted by Magz ARTICLE XI: ACCOUNTABILITY OF PUBLIC OFFICERS Section 1: PUBLIC OFFICE AS A PUBLIC TRUST . Political Law Leave a Comment Tags: Political Law (Constitutional Law) . Evelyn. Thel. Filipino citizens. Ronald Posted in Constitutional Law.Mass Media 1. Corporations incorporated in RP. Filipino citizens. or 2. by law. increase Filipino equity requirements for ALL educational institutions.

serve them with utmost responsibility. add to the list of impeachable offenses. he can still be impeached All Other Public Officers and Employees 1. BUT AFTER an official has been impeached.VP . Grounds .betrayal of public trust Note: It is an exclusive list. act with patriotism and justice and lead modest lives. They may be removed from office as provided by law 2. by law.bribery . Resignation by an impeachable official does not place him beyond the reach of impeachment proceedings.treason .Culpable violation of the Constitution . Section 2: IMPEACHMENT/REMOVAL FROM OFFICE Impeachment: (as means of removal from office) 1. These officers cannot be charged in court with offenses that have removal from office as penalty.Public officers and employees must at all times be accountable to the people. A SC Justice cannot be disbarred because this would disqualify him from his position.SC Justices . he can be charged with the appropriate offense. Who may be impeached: . 4.graft and corruption . BUT: NOT by impeachment . 1.Ombudsman 2. loyalty and efficiency. 2.President .other high crimes or . Congress cannot. The President cannot be charged with murder.Constitutional Commission members . 3. 5. integrity.

To override its contrary resolution Note: If the verified complaint or resolution of impeachment was filed by at least 1/3 of all the Members of the House.) Calendaring of resolution for consideration by the House Should be done within 10 session days from receipt thereof 6.Section 3: PROCEDURE FOR IMPEACHMENT Exclusive Power of House of Representatives The House of Representatives has exclusive power to INITIATE all cases of impeachment. For this purpose. 2. 7. There should be a hearing 2. he/she will not vote. Can be filed by: Any member of the House of Representatives or Any citizen upon a resolution of endorsement by any Member of the House or By at least 1/3 of all the Members of the House of Representatives 2. Procedure: 1. the Senators shall be under oath or affirmation 3. When the President of the Philippines is on trial.) Trial in the Senate 1. Trial in the Senate shall proceed.) Judgment of Conviction . and by a majority vote of ALL its members. 3.) Referral to proper Committee within 3 session days thereafter 4. the CJ of the Supreme Court presides. Filling of verified complaint 1. Affirm a favorable resolution with the Articles of Impeachment of the Committee or 2. it shall constitute the Articles of Impeachment. The report should be submitted within 60 days from referral.) Submission of Committee report to the House together with corresponding resolution 1. Senate has the sole power to try and decide all cases of impeachment 2. 8. There should be a majority vote of the members 3. after hearing. However. 5.) Vote of at least 1/3 of all Members of the House necessary to: 1.) Inclusion of complaint in the order of business with 10 session days 3. 1.

) 3. Officer still liable to prosecution. Visayas and Mindanao Deputy for military establishment may be appointed Qualifications: (Ombudsman and his deputies) 1.) 2.) Ombudsman/Tanodbayan Overall deputy At least one Deputy each for Luzon. Engage in the practice of law in the Philippines Disqualifications/Prohibitions (under Article IX. A judge or 2. Section 2) 1.) 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 . Removal from office of the official concerned 2. Section 4: SANDIGANBAYAN Sandiganbayan = the anti-graft court Sections 5-6. trial.) Effect of the Impeachment 1.) 6.) Cannot hold any other office or employment during his tenure 2.This requires the concurrence of 2/3 of all the Members of the Senate 9.) 4.) 4. and punishment if the impeachable offense committed also constitutes a felony or crime. 8-14: OFFICE OF THE OMBUDSMAN Composition: 1. Disqualification to hold any office under the Republic of the Philippines 3.) 5.) Natural born citizen of the Philippines At least 40 years old at time of appointment Of recognized probity and independence Member of the Philippine bar Must not have been candidate for any elective office in the immediately preceding election For Ombudsman: He must have been for ten years or more 1.) 2.) 3.

The “ILLEGAL” act or omission need not be in connection with the duties of the public officer or employee concerned. 5. 1. 2. unjust. All vacancies shall be filled within 3 months after they occur. Functions and Duties of the Office of the Ombudsman 1. 7. In accordance with Civil Service Law Term: (Ombudsman and deputies) 1. The complaint need not be drawn up in the usual form. any act or omission of any public official. 6. or inefficient. 3. Appointments do NOT require confirmation 3. 8. when such act or omission appears to be illegal. Vacancies will be filled from a list of 3 nominees 2. Of other officials and employees of the Office of the Ombudsman 1. 4. The Ombudsman may always delegate his power to investigate. in any contract with or in any franchise or privilege granted by the Government. The SC held that the power to investigate and prosecute cases involving public officers and employees has been transferred to the Ombudsman. ANY illegal act may be investigated by the Ombudsman. agencies or instrumentalities. office or agency. By the president from a list of at least 6 nominees prepared by the Judicial and Bar Council. any of its subdivisions. They are NOT qualified to run for any office in the election immediately succeeding their cessation from office Rank/Salaries: 1. Appointment 1. including GOCCs or their subsidiaries. employee. The Members have the rank of members of a Constitutional Commission 3. or on complaint by any person.3. In this regard. Of Ombudsman and deputies 1. This preventive suspension is not a penalty. Powers. . The Ombudsman has the rank of Chairman of a Constitutional Commission 2. improper. 7 years with reappointment 2.) Cannot be financially interested. the Ombudsman‟s jurisdiction is CONCURRENT with that of the regular prosecutors. “INVESTIGATE” does not mean preliminary investigation. Their salaries cannot be decreased during their term of office. By the Ombudsman 2. directly or indirectly. 2. The power to investigate includes the power to impose preventive suspension. Investigate on its own.

and recommend his removal. 2. or any subdivision. 3. agency or instrumentality thereof. 7. (III).) Direct the officer concerned to take the appropriate action against a public official or employee at fault. The Ombudsman does NOT himself prosecute cases against public officers or employees. fine. Direct. 2.) Request any government agency for assistance and information necessary in the discharge of its responsibilities. or instrumentality thereof. 3. or prosecution. and may require that proper legal steps are taken by the officers concerned. 6. to perform and expedite any act of duty required by law. fraud and corruption in the government and make recommendations for their elimination and the observance of high standards of ethics and efficiency 8.) Public matters covered by its investigation when circumstances so warrant and with due process. 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. The Ombudsman or Tanodbayan may use mandamus to compel the fiscal to prosecute. demotion.) Determine the cause of inefficiency. The Ombudsman has PERSUASIVE POWER.2. upon complaint or at its own instance. or to stop.) Direct the officer concerned. 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. 4. and report any irregularity to COA for appropriate action. (II). Final say to prosecute still rests in the executive department. and correct any abuse or impropriety in the performance of duties.) Promulgate its rules of procedure and exercise such other powers or perform such functions or duties as may be provided by law. in any appropriate case. any public official or employee of the government. 5. suspension. . as well as of any governmentowned or controlled corporation with original charter. mismanagement. The Government Any subdivision. red tape. or GOCC‟s with original charters 1. pertinent records and documents. if necessary. 1. and to examine. agency. prevent. The public official or employee must be employed in: (I). and ensure compliance therewith. 1. censure.

) 2. agency or instrumentality including GOCCs and their subsidiaries.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. 2. Under the 1987 Constitution. The Office of the Special Prosecutor is subordinate to and acts under the orders of the Ombudsman Note: According to Jack.) President Vice-President . Powers 1. Laches.) Their right to prosecute criminally these officials and employees may prescribe.) 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. it should notify the complainants of the action taken and the result thereof. Section 16: PROHIBITION ON CERTAIN FINANCIAL TRANSACTIONS Coverage: This prohibition applies to: 1. Exception: Powers conferred on the Office of the Ombudsman 3. Its approved annual appropriations should be automatically and regularly released. Section 7: OFFICE OF THE SPECIAL PROCECUTOR 1. or any subdivision. In appropriate cases. Estoppel 1. It will continue to function and exercise its powers as now or hereafter may be provided by law 2. the SC was wrong because the ConCom intended that the SP was to prosecute anti-graft cases. Fiscal Autonomy The Office of the Ombudsman enjoys fiscal autonomy. the existing Tanodbayan became the Office of the Special Prosecutor 2. Section 15: RECOVERY OF ILL-GOTTEN WEALTH Prescription.

) 7.3. 2. liabilities and net worth When submitted: Public officer and employee shall submit a declaration under oath of his assets.) If the loan. Other forms of financial accommodation From: 1. Government owned or controlled financial institutions. Scope of prohibition: 1.g. etc.) 4. Guarantees 3. Loans 2. liabilities and net worth upon assumption of office and as often as required under the law.) The above mentioned officials cannot obtain.) Members of the Cabinet Members of Congress Members of Supreme Court Members of Constitutional Commissions Ombudsman Any firm or entity in which they have controlling interest When prohibition applies: Prohibition applies during their TENURE. directly or indirectly for BUSINESS PURPOSES: 1. Section 17: Statements of assets. a housing loan.) President Vice-President . When declaration shall be disclosed to the public: These declarations shall be disclosed to the public in a manner provided by law in the case of: 1.) 5. or 2.) 2. e.) 6. is NOT for business purpose.) 8. Government owned or controlled banks. the prohibition does not apply.

) If Philippine citizenship is one of the qualifications to the office. 2.) 6.) 8. 3.) 7. Acquire immigrant status in another country Shall be dealt with by law. Change his citizenship.) 4.) Incumbent public officers and employees who seek either: 1. persons running for elective offices.e. Gem. Thel.Article XI . The Code provides that permanent residents of or immigrant to a foreign country cannot file certificates of candidacy unless they expressly waive their status as such This renunciation must be some other than.) Members of the Cabinet Members of Congress Justices of the Supreme Court Members of Constitutional Commissions Other constitutional offices Officers of the armed forces with general or flag rank Section 18: Allegiance of public officers and employees Allegiance to the State and to the Constitution Change in Citizenship/Immigrant Status 1.) The Election Code provides the rules with respect to non-incumbents. i. the filling of the certificate of candidacy. or 2. Evelyn. Reference: Political Law (Constitutional Law) Reviewer & Memory Aid Ateneo Central Bar Operations 2001 Louie. 1.) 5. Ronald Posted in Constitutional Law. and prior to. the loss of such citizenship means the loss of the office by the incumbent.3. Carrie. Political Law 2 Comments Tags: Political Law (Constitutional Law) .

Political Law (Constitutional Law) – Article X DEC 20 Posted by Magz ARTICLE X: LOCAL GOVERNMENT Section 1. 3. President may exercise disciplinary power over LGU officials. 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. allocate among the different local government units their powers. and Barangays There shall be Autonomous regions in: 1) 2) Note: Muslim Mindanao. initiative. created by the Constitution cannot be replaced by AMENDMENT. Sec. Municipalities. 2) These political subdivisions. Judiciary may still pass on LGU actions 2. 1. and not by law. and Cordileras [At present. and resources. and . it is only the Cordilera ADMINISTRATIVE region] 1) A third autonomous regions would require a constiutional amendment. 3) While Congress can abolish or eradicate individual units. Local Autonomy 1) 2) All political subdivisions shall enjoy local autonomy This does not mean that the LGU‟s are completely free from the central government. TERRITORIAL/POLITICAL SUBDIVISIONS OF THE REPUBLIC OF THE PHILIPPINES ARE THE: Composition: 1) 2) 3) 4) Provinces Cities. and referendum. responsibilities. it cannot abolish an entire class of LGU‟s Section 2.

6) 7) Provinces exercise direct supervision over component cities and municipalities. Limitations on Power 1) It is subject to such guidelines and limitations as Congress may provide. 4) The president cannot substitute his judgment for that of an LGU official unless the latter is acting contrary to law. fees. and all other matters relating to the organization and operation of the local units. fees and charges shall accrue exclusively to the local governments. and may even remove them from their posts. Independent cities. appointment and removal. election. impose administrative sanctions against LGU officials. in accordance with law. EACH LOCAL GOVERNMENT SHALL HAVE THE POWER TO CREATE OWN SOURCES OF REVENUE/LEVY TAXES. 3) This power is limited to ensuring that lower officers exercise their functions in accordance with law. Section 4. PRESIDENTIAL SUPERVISION OF LGUS Supervision of President 1) 2) The President exercises general supervision over all LGUs The President exercises DIRECT supervision over 1. charges The taxes. See Local Government Code for examples. Provinces 2. salaries. FEES AND CHARGES ETC. Autonomous regions and 3. 2) The guidelines set by Congress should be consistent with the basic policy of local autonomy. . Section 5. Accrual of taxes. term. powers and functions and duties of local officials.provide for the qualifications. 5) The President may. however. such as suspension for 120 days. Cities and municipalities exercise direct supervision over component barangays.

4) Each LGU should appropriate in its annual budget at least 20% of its annual IRA for development projects. (Alvarez v. 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.Section 6. Guingona) Section 7. 2) The share of each LGU should be released. Release is made on a quarterly basis within 5 days after the end of each quarter. 5) Adjustments in IRA 1. Mining taxes 2. President can make the necessary adjustments in the IRA upon the recommendation of the following: 1. directly to the provincial. AS DETERMINED BY LAW. 2) This includes share the same with the inhabitants by way of direct benefits. city. SHARE OF LGUS IN NATIONAL WEALTH Share of LGUs in national wealth 1) 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. Royalties 3. Department of Finance Secretary 2. DILG Secretary 3. DBM Secretary 6) IRA considered for purposes of conversion from one political subdivision to the next. Forestry and fishery charges . Under the LGC 1) LGUs have a share of 40% of the gross collection derived by the national government from the preceding fiscal year from 1. Ground: Unmanageable public section deficit 2. without need of any further action. LGUs SHALL HAVE A JUST SHARE IN NATIONAL TAXES. municipal or barangay treasurer. WHICH SHALL BE AUTOMATICALLY RELEASED TO THEM Internal Revenue Allotment (IRA) 1) Share of LGUs in national taxes is limited to the internal revenue taxes.

Other taxes. abolition and division of LGU‟s 1) Requisites 1. 10. Approved by a majority of the votes cast in a plebiscite held in the political units DIRECTLY affected. Limitations: 1) No elective official shall serve for more than 3 consecutive terms 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. 8. Sec. plebiscite will include voters of the ENTIRE province. a province is supposed to be divided into 2 separate provinces. Compliance with the requirements of the Local Government Code.4. TERM OF OFFICE Term of Office Elective local officials. 9. . Creation. 2) Thus. 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 Sec. now including barangay officials have a term of 3 years. and not just the area to comprise the new province. and 2. fees and charges 5. SECTORAL REPRESENTATION IN LGUS Legislative bodies of the local governments shall have Sectoral Representation (under the LGC) as may be provided by law There should be representatives from: 1) 2) 3) A) B) C) D) The women‟s sector The workers Third sector (can choose from any of the following) Urban poor Indigenous cultural communities Disabled persons Any other sector as may be determined by the sanggunian Election of Sector Representatives Sec.

Metropolitan political subdivisions Creation: 1) 2) Congress may create special metropolitan political subdivisions by law. and 3) Independent component cities (non-highly urbanized cities whose voters are prohibited by thecity charter from voting in provincial elections) Independence from the Province 1) Highly urbanized cities and independent component cities are independent of the province. 12. It is subject to a plebiscite Jurisdiction of Metropolitan authority It is limited to basic services requiring coordination. revenue. .3) LGC requirements relate to matters such as population. Sec. 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. 11. and area requirements. Basic Autonomy of Component Cities and Municipalities 1) 2) The component cities and municipalities retain their basic autonomy They shall be entitled to their own local executive and legislative assemblies. Section 13. Coordination among LGUS Consolidation and Coordination of Efforts. Services and Resources 1) 2) 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. CITIES Classification of Cities: 1) 2) Highly urbanized (as determined by law) Component cities (cities still under provincial control). Sec.

real estate. equipment and other kinds of property 2. AUTONOMOUS REGIONS Where: 1) 2) Muslim Mindanao Cordillera region Factors: 1) 2) Historical heritage Cultural heritage . Section 14. REGIONAL DEVELOPMENT COUNCILS Who can provide for RDC The President shall provide for RDC or other similar bodies composed of: Composition 1) 2) 3) Local government officials Regional heads of departments and other government offices Representatives of NGOS within the regions For Purpose of 1) 2) 3) Administrative decentralization To strengthen local autonomy To accelerate the economic and social growth and development of the units in the region Section 15. A public hearing should be conducted and the approval of the sanggunian obtained. Appoint/assign personnel under such terms and conditions as may be agreed upon by the participating LGUs through Memoranda of Agreement.Under LGC (Section 33) 1) 2) 3) Consolidation and coordination may be done through appropriate ordinances. An LGU can: 1. Contribute funds.

2) National defense and Security 3) Monetary Affairs Section 20. functions and responsibilities not granted by this Constitution or by law to the autonomous region shall be vested in the National Government. EFFECTIVITY of such creation occurs only when it is approved by a majority of the votes cast in a plebiscite held among the constituent units. The framework of the consititution 2. All powers. Other relevant characteristics within: 1. NO AUTONOMOUS REGION created. Section 16. Cities. Territorial integrity. Creation: 1) 2) Provided by law.3) 4) Economic and social structures. 4) If only 1 province approved the law. National sovereignty 3. Examples: 1) Foreign relations. LEGISLATIVE POWERS The Organic Act of Autonomous Region shall provide for legislative powers over: . 3) Only those Provinces. and Geographical Areas voting favorably in such plebiscite shall form part of the autonomous region. 17. Sec. GENERAL SUPERVISION OVER AUTONOMOUS REGIONS By Whom: The President Purpose: To ensure that the laws are faithfully executed. since the constitution requires more than one province to constitute one (like what happened in the Cordillera plebiscite) 5) The question of which LGU‟s shall constitute an autonomous region is one which is exclusively for Congress to decide.

Political Law Leave a Comment . Limitations: 1) 2) Subject to the provisions of the Constitution and national laws To be exercised within its territorial jurisdiction Section 21. and tourism development.1) 2) 3) 4) 5) 6) 7) 8) Administrative organization. and 9) Such other matters as may be authorized by law for the promotion of the general welfare of the people of the region. Economic. Carrie. Educational policies. social. Defense and Security It shall be the responsibility of the national government. family and property relations Regional. Creation of sources of revenues. urban. Gem. Preservation and development of the cultural heritage. Reference: Political Law (Constitutional Law) Reviewer & Memory Aid Ateneo Central Bar Operations 2001 Louie. Evelyn. Ancestral domain and natural resources Personal. Ronald Posted in Constitutional Law. PRESERVATION OF PEACE AND ORDER/DEFENSE AND SECURITY Peace and Order It shall be the responsibility of the local police agencies. Thel. and rural planning development.

DISQUALIFICATIONS Disqualifications: Members cannot. and .Article X Political Law (Constitutional Law) – Article IX DEC 20 Posted by Magz ARTICLE IX – THE CONSTITUTIONAL COMMISSIONS Section 1.Tags: Political Law (Constitutional Law) . Section 2. 2) Engage in the practice of any profession. which. in any way. during their tenure: 1) Hold any other office or employment. 5) 5) Salaries may not be diminished during their office (Sec. Constitutional Commissions Independent Constitutional Commissions: 1) Civil Service Commission (CSC) 2) Commission on Elections (COMELEC) 3) Commission on Audit (COA) Why Independent? They perform vital functions of government. Their integrity is protected by the fact that they: 1) Are constitutionally created (Sec. 3) Engage in the active management or control of any business. 1) 2) Have independent powers of appointment (Sec. 3) 6) Commissioners have a fixed term 7) Commissioners are removable by impeachment only. may be affected by the functions of their office. 6) 4) Fiscal autonomy (Sec. 4) 3) Each Commission may promulgate its own procedural rules (Sec.

exercise the power to disapprove rules of “special courts and quasi-judicial bodies. 3) Incumbent members do not lose any salary. or c) Modify substantive rights. The SC may not. in any contract. the Rules of Court prevail. In proceedings before the Commissions. Section 3. however. 2) Limitation: It shall not: a) Diminish. Note: The Ombudsman and his deputies are subject to the same qualifications. 5(5). in appropriate cases. under Art. b) Increase. including GOCC‟s and their subsidiaries. c). d). the rules of the Commission prevail. SALARIES Salaries 1) Salaries are fixed by law and shall not be decreased during their TENURE. VIII Sec. direct or indirect. In proceedings before a court. 2) Decreases in salaries only affect those members appointed AFTER increase. 4) Increases take effect IMMEDIATELY.” b). . any of its subdivisions. 3) Power of SC a). DECISION MAKING/APPEAL Decision-Making: 1) Each commission shall decide matter or cases by a majority vote of all the members within 60 days from submission. The SC may. franchise. exercise JUDICIAL REVIEW Section 7. Section 6.4) Be financially interested. RULES OF PROCEDURE Procedures: 1) Rules: The Commissions may promulgate its own rules EN BANC. agencies. instrumentalities. privilege granted by the government.

2) At least 35 years old at the time of their appointments. 3) With proven capacity for public administration. 2) As COLLEGIAL BODIES. Commissioner1 – 5 yrs. The Chairman cannot ratify a decision which would otherwise have been void). 5) Appointees by the President to the CSC need Commission on Appointments (CA) confirmation Term: 1) Chairman -7 years. and no one member can decide a case for the entire commission. each commission must act as one. orders or rulings of the COMELEC/COA may be brought on certiorari to the SC under Rule 65. Appeals: 1) Decisions. COMPOSITION/QUALIFICATIONS/TERM Composition: 1) Chairman 2) Commissioners – 2 commissioners Qualifications: 1) Natural-born citizens of the Philippines. 2) Decisions. Election cases. orders or ruling of the CSC should be appealed to the CA under Rule 43. including pre-proclamation controversies are decided in division. no reappointment . Commissioner2 – 3 yrs 2) Limitation: single term only.   COMELEC may sit en banc or in 2 divisions. (i. THE CIVIL SERVICE COMMISSION Section 1.e. with motions for reconsideration filed to the COMELEC en banc. The SC has held that a majority decision decided by a division of the COMELEC is a valid decision. and 4) NOT candidates for any elective position in the elections immediately preceding their appointment. Enforcement:  It has been held that the CSC can issue a writ of execution to enforce judgments which are final.

branches. it does not fall within the Civil Service. instrumentalities. primarily confidential. D. as far as practicable except to positions which are policy-determining.”With Original Charter” means that the GOCC was created by special law/by Congress 2. 1. Section 2. 3. Jurisdiction is determined as of the time of filing the complaint. or highly technical. subdivisions. agencies of the government. ceases to fall under CSC. then becomes privatized. If incorporated under the Corporation Code. Appointments to civil service shall be: A. and is not subject to the CSC jurisdiction. B. Competitive positions  According to merit and fitness to be determined by competitive examinations. No need for competitive examinations. Non-competitive positions 1). 2). C. including GOCCs with original charters. Even if once government-controlled. 4. E. close intimacy insures freedom of intercourse without betrayals of personal trust… c) Highly technical – requires technical skill to a superior degree. or appointments in acting capacity. . Scope: The Civil Service embraces all: A. 3 kinds a) Policy-determining – formulate a method of action for the gov‟t b) Primarily confidential – more than ordinary confidence. B.3) Appointment to vacancy: only for unexpired term of predecessor 4) No temporary appointments.

Entrance on bases OTHER than usual tests of merit and fitness. Next-In-Rank Rule  While a person next in rank is entitled to preferential consideration. NOT the administrative or legislative description given to it. With opportunity for advancement to higher career positions. or c) Limited to the duration of a particular project for which purpose the employment was made. The CSC cannot disapprove an appointment just because another person is better qualified. 1. 2. can be appointed. Who may be appointed: 1). Tenure limited to: a) Period specified by law. Such person has no vested right to the position and the appointing authority is not bound to appoint the person next in rank.C. The TEST to determine whether non/competitive is the Nature of the responsibilities. Entrance based on merit and fitness to be determined as far as practicable by competitive examinations or based on highly technical qualifications. They only differ in the MANNER in which they are filled. 2). 3). E. Both types of positions are entitled to security of tenure. 1. Tenure (Classification of Positions) Career Service Non-Career Service 1. RULE: Whoever fulfills all the qualifications prescribed by law for a particular position may be appointed therein. and no one else. D. as long as the appointee is himself qualified. it does not follow that only he. It guarantees both procedural and substantive due process. Security of Tenure: 1) Officers or employees of the Civil Service cannot be removed or suspended EXCEPT for cause provided by law. The CSC CANNOT add qualifications other than those provided by law. b) Coterminous with the appointing authority or subject to his pleasure. . F. Entitled to security of tenure 3.

but the expiration of the term of office c). b). Not protected by security of tenure – can be removed anytime even without cause 2). Primarily confidential officers and employees hold office only for so long as confidence in them remains. No officer or employee in the Civil Service shall engage in any electioneering or in partisan political activity 1) Cannot solicit votes in favor of a particular candidate. there is no removal. Non-career service officers and employees do not enjoy security of tenure. one who is not appointed by the proper appointing authority does not acquire security of tenure. BUT: They can only be removed by the one who appointed them. If they are separated. and (c) Not in violation of law Temporary employees are covered by the following rules: 1). Entitled only to such protection as may be provided by law. this is considered an expiration of his term. d). related to and affects the administration of office. must be substantial (directly affects the rights & interests of the public) 3) Security of tenure for Non-competitive positions a).2) For “LEGAL CAUSE” – Cause is: a). 3). 4) One must be VALIDLY APPOINTED to enjoy security of tenure. Abolition of Office To be valid. Thus. (good faith is presumed) (b) Not for political or personal reasons. abolition must be made: (a) In good faith. . 4). and b). Political appointees in the foreign service possess tenure coterminous with that of the appointing authority or subject to his pleasure. If there is GENUINE loss of confidence.

EXCEPTION: May hold ex officio positions. b). VII. agency. COMPENSATION . To be eligible to hold any other office. the elected official must first resign his office d).  Examples:  The Vice President may be appointed Cabinet member  Congressman may sit in the Judicial and Bar Council c). 3). This exception DOES NOT APPLY to Cabinet members. Appointive officials a). Cannot hold any other office or employment in the government. and those officers mentioned in Art. They are governed by the stricter prohibitions contained therein. by law.2) Cannot give campaign contributions or distribute campaign materials. Cannot be appointed to any office in the government or GOCC‟s or their subsidiaries. instrumentality. 13. b). 3) BUT: Allowed to express views on political issues. including GOCC‟s and their subsidiaries. Period of disqualification: One (1) year after such election. Not eligible for appointment or designation ANY CAPACITY to ANY PUBLIC OFFICE or position during their tenure. and to mention the names of the candidates whom he supports. authorize the appointment of an elective official. Even Congress cannot. or by the primary functions of his position. DISQUALIFICATION Disqualifications 1) Losing candidates in any election a). EXCEPTION: Unless otherwise allowed by law. b). Sec. 4) Prohibition does not apply to department secretaries Right to organize The right to organize does NOT include the right to strike Sections 6-7. Section 8. 2) Elective officials a). any subdivision. c).

title of any kind from foreign governments UNLESS with the consent of Congress. or indirect compensation. Additional . 4) Pensions and gratuities are NOT considered as additional. bonus B. Members of the Philippines Bar . 2) At least 35 years old at the time of appointment 3) Holders of college degrees. Double . THE COMMISSION ON ELECTIONS Section 1.when an officer is given 2 sets of compensation for 2 different offices held concurrently by 1 officer C. double.an extra reward given for the same office i. “SPECIFICALLY AUTHORIZED” means a specific authority particularly directed to the officer or employee concerned. office.1) Prohibitions: applies to elected or appointed officers and employees Cannot receive: A. B. COMPOSITION/QUALIFICATIONS/TERM Composition: (7) 1) Chairman and 2) Commissioners (6) Qualifications: 1) Natural-born citizens of the Philippines. and 4) Not candidates for any elective position in the immediately preceding elections. emolument.e. 5) Majority of the Commission. including the Chairman must be: a). BUT: per diems and allowances given as REIMBURSEMENT for expenses actually incurred are not prohibited 3) Cannot accept any present. Indirect Compensation 2) EXCEPTION: Unless specifically authorized by law A.

3 Members – 7 yrs. and 3. Section 2. Provincial. Exercise: A. Regional. the President cannot designate an incumbent commissioner as acting Chairman. 1 Member – 3 yrs. knowledge. referendum. and recall. (a) 1) Ex: COMELEC can enjoin construction of public works within 45 days of an election. POWERS AND FUNCTIONS Powers: 1) Enforce and administer all laws and regulations relative to the conduct of an election. Engaged in the practice of law for at least 10 years: “any activity in or out of court. Exclusive original jurisdiction over all contests relating to the elections. which requires the application of law. Elective barangay officials decided by trial courts of limited jurisdiction.” 6) Appointments subject to CA approval Term: 1) Chairman -7 yrs. 2) LIMITATION: Single term only: no reappointment allowed 3) Appointment to a vacancy: only for unexpired portion of predecessor‟s term 4) No temporary appointments. or appointments in acting capacity a). The choice of temporary chairman falls under the COMELEC‟s discretion. City officials B. initiative. . training and experience. Appellate jurisdiction over all contests involving: 1. b). returns. Elective municipal officials decided by trial courts of general jurisdiction 2. plebiscite. 2. and qualifications of all elective 1. Thus. legal procedure. 2 Members – 5 yrs.b).

and registration of voters. Exception: Appealable to the SC on questions of law. Religious denominations/sects ii. The COMELEC may issue writs of certiorari. and credible elections. except those involving the right to vote. executory. or rulings of the Commission on election contests involving elective municipal and barangay offices shall be final. 3. including determination of the number and location of polling places. Contempt powers 1. 4) Deputize. appointment of election officials and inspectors. law enforcement agencies and instrumentalities of the Government. peaceful.C. It CANNOT exercise this in connection with its purely executive or ministerial functions. or coalitions/accreditation of citizens‟ arms of the Commission on Elections. If it is a pre-proclamation controversy. This power is NOT limited to the election period. a). 1. Groups which cannot be registered: i. for the exclusive purpose of ensuring free. prohibition and mandamus in exercise of its appellate jurisdiction. E. Decisions. This is not an inherent power. b). all questions affecting elections. orderly. COMELEC can exercise this power only in relation to its adjudicatory or quasi-judicial functions. with the concurrence of the President. organizations. honest. Its jurisdiction over „contests‟ (after proclamation). including the Armed Forces of the Philippines. must present their platform or program of government. 5) Registration of political parties. The political parties etc. the COMELEC exercises quasi-judicial/administrative powers. Note: Questions involving the right to vote fall within the jurisdiction of the ordinary courts. is in exercise of its judicial functions. 2. 3) Decide. Applies to both criminal and administrative cases. Groups which seek to achieve their goals through violence or unlawful means . b). final orders. a). and not appealable. There should be sufficient publication c).

in addition to other penalties that may be prescribed by law. e). including limitation of places where propaganda materials shall be posted. COMELEC can deputize prosecutors for this purpose. 4) Submit to the President and the congress a comprehensive report on the conduct of each election. or the imposition of any other disciplinary action. Groups which refuse to uphold and adhere to the Constitution iv. for violation or disregard or. COMELEC has exclusive jurisdiction to investigate and prosecute cases for violations of election laws. Decision-Making 1) Election cases should be heard and decided in division. it is an additional ground for the cancellation of their registration with the Commission. upon a verified complaint. investigate and.iii. 2) Recommend to the Congress effective measures to minimize election spending. Groups which are supported by any foreign government. including pre-election controversies. offenses. Section 3. BUT: Political parties with religious affiliation or which derive their principles from religious beliefs are registerable. 3) Recommend to the President the removal of any officer or employee it has deputized. or candidates related to elections constitute interference in national affairs. or recall. referendum. or decision. prosecute cases of violations of election laws. Financial contributions from foreign governments and their agencies to political parties. petitions in court for inclusion of exclusion of voters. and nuisance candidacies. and to prevent and penalize all forms of election frauds. malpractices. including acts or omissions constituting elections frauds. 2. 1. RULES OF PROCEDURE/DECISION-MAKING Rules of Procedure 1) COMELEC can sit en banc or in two divisions 2) It has the power to promulgate its own rules of procedure in order to expedite disposition of election cases. plebiscite. If accepted. coalitions. Preliminary investigation conducted by COMELEC is valid. . where appropriate. order. or on its own initiative. Provided that. organizations. offenses and malpractices. or disobedience to its directive. initiative. d). The actions of the prosecutors are the actions of the COMELEC 3. 1) File.

2). For example. including any GOCC or its subsidiary B. special privileges or concessions granted by the Government or any subdivision. compel it to provide space after paying just compensation. 2) If a division dismisses a case for failure of counsel to appear. COMELEC can fix a period. 2). Referendum: power of the electorate to approve or reject legislation through an election called for that purpose. agency or instrumentality thereof.2) Motions for reconsideration of decisions should be decided by COMELEC en banc. 3) EXCEPTION: COMELEC en banc may directly assume jurisdiction over a petition to correct manifest errors in the tallying of results by Board of Canvassers. In special cases. for this would violate the freedom of expression. When can COMELEC exercise this power 1). It may. COMELEC cannot compel print media to donate free space to the COMELEC. media of communication or information. SUPERVISION/REGULATION OF FANCHISES / PERMITS / GRANTS / SPECIAL PRIVILEGES / CONCESSIONS Regulation of franchises A. 2). During the election period a). Plebiscite: Submission of constitutional amendments or important legislative measures to the people ratification 4). 3). The enjoyment or utilization of all franchises or permits for the operation of transportation and other public utilities. COMELEC may not regulate media practitioners. COMELEC and the MEDIA 1). the Motion for Reconsideration here may be heard by the division. Grants. Section 4. . 3) ”Decisions” mean resolutions on substantive issues. the election period commences 90 days before the day of the election and ends 30 days thereafter. Applies not just to elections but also to plebiscites and referenda. Under Article XI. however. Section 9. NOT individuals. b). What can COMELEC supervise or regulate 1). Power of COMELEC is over franchises and permits.

or 4). or coalitions registered under the party-list system shall NOT be represented in the following: 1). parole. are entitled to appoint poll watchers in accordance with law. No pardon. Prohibition on block-voting 1) General rule: Block voting NOT allowed 2) EXCEPTION: those registered under the party-list system Section 8. and regulations shall be granted by the President without the favorable recommendation of the Commission. 3). Bona fide candidates for any public office shall be free from any form of harassment and discrimination. 2). except for those registered under the party-list system as provided in this Constitution. Boards of canvassers. Other similar bodies. No votes cast in favor of a political party. organizations. It informs the public of the party‟s existence and ideals. Boards of election inspectors. Voters‟ registrations boards. rules. It identifies the party and its officers for purposes of regulation by the COMELEC. etc. Section 6 Definition of Political Party  organized group of persons pursuing the same political ideals in a government and includes its branches. and divisions Importance of registration of a political party 1) 2) 3) Registration confers juridical personality on the party. Section 11. PARTY LIST SYSTEM No Right to be Represented in Various Boards  Political parties. amnesty. Section 7. or coalition shall be valid. organization. Section 10.   This section does not give candidates immunity from suit.Section 5. or suspension of sentence for violation of election laws. Poll Watchers  Political parties. Discrimination includes unequal treatment in the availment of media facilities. FUNDING .

no re-appointment allowed Appointments to any vacancy shall only be for the unexpired portion of predecessor‟s term. Subject to confirmation of the CA. initiative. Commissioner1 -5yrs. Term: 1) 2) 3) Chairman -7 yrs. or b). COMPOSITION/QUALIFICATIONS Composition: 1) 2) Chairman. 2) Funds should be certified by the COMELEC as necessary. and Commissioners (2). Members of Phil. CPA‟s with at least 10 years auditing experience. LIMITATION: – Single terms only. plebiscites. funds should be released automatically upon certification by the Chairman of COMELEC. . Qualifications: 1) 2) 3) Natural-born citizens of the Philippines At least 36 years old at the time of their appointment. THE COMMISSION ON AUDIT Section 1. Bar with 10 years of practice. 4) 5) 6) Members cannot all belong to the same profession. Commissioner – 2 -3 yrs. Release of funds  Once approved. Either: a). shall provided in the regular or special appropriations.How provided 1) Funds certified by the COMELEC as necessary to defray the expenses for holding regular and special elections. Must not have been candidates for any elective position in the elections immediately preceding their appointment. referenda and recalls.

agencies or instrumentalities. Note: 1) 1. POWERS 1) Examine. Any of its subdivisions. unnecessary. extravagant. preserving vouchers and other supporting papers pertaining thereto. commissions. and settle accounts pertaining to: 1. Revenue and receipts of funds or property. COA may adopt measures. Examine and audit all forms of gov‟t expenditures Settle gov‟t accounts Promulgate accounting and auditing rules (including those for the prevention of irregular…expenditures. 2. 2) 1. 3. audit. excessive. 2. 3. or 2. 4. from or through the government. 2. or pertain to: 1. including temporary or special pre-audit. 3. directly or indirectly. 6) Promulgate accounting and auditing rules and regulations. The Government. . 5. The functions of COA can be classified as: Examine and audit all forms of government revenues. Conduct post-audit with respect to the following: Constitutional bodies. 1. 5) Exclusive authority to define the scope of COA‟s audit and examination and to establish the techniques and methods required therefor. GOCC‟s and their subsidiaries incorporated under the Corporation Code. To decide administrative cases involving expenditures of public funds. and offices granted fiscal autonomy. or unconscionable expenditures or uses of government funds and properties. Including those for the prevention or disallowance of irregular. None-governmental entities receiving subsidies or equity. which are required by law of the granting of institution to submit to such audit. Failure to comply with these rules can be a ground for disapproving the payment of a proposed expenditure. Autonomous state colleges and universities. as may be necessary. Expenditures and uses of funds or property Owned or held in trust by. 2. 4) Keep the general accounts of the government. Including GOCC‟s with original charters. 3) If COA finds internal control system of audited agencies as inadequate.Section 2. 4.

Carrie. entered into in conformity with the abovementioned law. Ronald Posted in Constitutional Law. and the adoption of internal rules of control. Thel. There is a contract. Reference: Political Law (Constitutional Law) Reviewer & Memory Aid Ateneo Central Bar Operations 2001 Louie. or any investment of public funds. made by the proper officer. 2. from the jurisdiction of the Commission on Audit. There is a law appropriating funds for a particular purpose. The goods or services covered by such contract have been delivered or rendered in pursuance to such contract. 6) Prosecutors may still review accounts already settled and approved by COA for the purpose of determining possible criminal liability.Article IX ← Older Posts  SEARCH HERE Search for: Go . Gem. 5) Where the following requirements are complied with. as attested by the proper officer. and 4. This is because COA‟s interest in such accounts is merely administrative. 3. Payment has been authorized by officials of the corresponding department or bureau. 4) COA does not have the power to fix the amount of an unfixed or undetermined debt. Political Law Leave a Comment Tags: Political Law (Constitutional Law) . 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. it becomes the ministerial duty of the COA to approve and pass in audit vouchers for payment: 1. Section 3. No law shall be passed exempting any entity of the Government or its subsidiary in any guise whatever.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. Evelyn.

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