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POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie, Carrie, Evelyn, Thel, Gem, Ronald
ARTICLE I – THE NATIONAL TERRITORY The national territory of the Philippines comprises: 1. The Philippine archipelago 2. With all the islands and waters embraced therein 3. And all other territories over which the Philippines has jurisdiction 4. Consisting of its a. Terrestrial b. Fluvial; and c. Aerial domains 5. Including its a. Territorial sea b. The seabed c. The subsoil d. The insular shelves; and e. The other submarine areas 6. The waters a. Around b. Between and c. Connecting d. The islands of the archipelago Regardless of their breadth and dimensions Form part of the INTERNAL WATERS of the Philippines Definition of Archipelago An archipelago is a body of water studded with islands. The Philippine archipelago is that body of water studded with islands which is delineated in the Treaty of Paris (1898), as amended by the Treaty of Washington (1900) and the Treaty of Great Britain (1930). Definition of “all other territories over which the Philippines has sovereignty or jurisdiction” It includes any territory that presently belongs or might in the future belong to the Philippines through any of the internationally accepted modes of acquiring territory. Archipelagic principle Two elements: 1. The definition of internal waters (as provided above); 2. The straight baseline method of delineating the territorial sea – consists of drawing straight lines connecting appropriate points on the coast without departing to any appreciable extent from the general direction of the coast. Important distances with respect to the waters around the Philippines 1. Territorial sea 2. Contiguous zone 3. Exclusive economic zone 12 nautical miles (n.m.) 12 n.m. from the edge of the territorial sea 200 n.m. from the baseline [includes (1) and (2)]

sovereignty or

CODE: TFA

CODE: TSSIO

CODE: ABCI

ARTICLE II – DECLARATION OF PRINCIPLES AND STATE POLICIES Selected principles SEC 1. The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them.

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POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie, Carrie, Evelyn, Thel, Gem, Ronald
Elements of a State (for municipal law purposes) 1. 2. 3. 4. CODE: PTSG

A community of persons, more or less numerous (PEOPLE) Permanently occupying a definite portion of territory (TERRITORY) Independent of external control (SOVEREIGNTY) Possessing an organized government to which the great body of inhabitants render habitual obedience (GOVERNMENT) CODE: CNCH

Definition of “People” 1. 2. 3. 4.

A Community of persons; Sufficient in Number; Capable of maintaining the continued existence of the community; and Held together by a common bond of law.

Definition of “Sovereignty” 1. LEGAL sovereignty a. The supreme power to make law. b. It is lodged in the people. 2. POLITICAL sovereignty a. The sum total of all the influences in a state, b. Legal and non-legal, c. Which determine the course of law. 3. According to the Principle of AUTO-LIMITATION: Sovereignty is the property of the state-force due to which it has the exclusive capacity of legal self-determination and self-restriction. Definition of “Government” 1. 2. 3. 4. 5. That institution or aggregate of institutions by which an independent society makes and carries out those rules of action which are necessary to enable men to live in a social state or which are imposed upon the people forming that society by those who possess the power or authority of prescribing them.

Classification of governments 1. De jure 2. De facto - one established by the authority of the legitimate sovereign - one established in defiance of the legitimate sovereign

Classification of de facto governments 1. De facto proper a. That government that gets possession and control of b. or usurps by force or by the voice of majority c. the rightful legal government d. and maintains itself against the will of the latter. 2. Government of paramount force a. That which is established and maintained by military forces b. who invade and occupy a territory of the enemy c. in the course of war. 3. That established as an independent government by the inhabitants of a country who rise in insurrection against the parent state.

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POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie, Carrie, Evelyn, Thel, Gem, Ronald
Definition of “Republican State” It is one wherein all government authority emanates from the people and is exercised by representatives chosen by the people. Definition of Democratic State This merely emphasizes that the Philippines has some aspects of direct democracy such as initiative and referendum. SEC. 2. The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations. Kind of war renounced by the Philippines The Philippines only renounces AGGRESSIVE war as an instrument of national policy. It does not renounce defensive war. Some "generally accepted principles of international law" recognized by the Court: 1. Right of an alien to be released on bail while awaiting deportation when his failure to leave the country is due to the fact that no country will accept him ( Mejoff v. Director of Prisons, 90 Phil. 70) 2. The right of a country to establish military commissions to try war criminals ( Kuroda v. Jalondoni, 83 Phil. 171) 3. The Vienna Convention on Road Signs and Signals (Agustin v. Edu, 88 SCRA 195) Amity with all nations This does not mean automatic diplomatic recognition of all nations. recognition remains a matter of executive discretion. Diplomatic

SEC 3. Civilian authority is, at all times, supreme over the military. The Armed Forces of the Philippines is the protector of the people and the State. Its goal is to secure the sovereignty of the State and the integrity of the national territory. Civilian authority/supremacy clause (1st sentence) 1. Civilian authority simply means the supremacy of the law because authority, under our constitutional system, can only come from law. 2. Under this clause, the soldier renounces political ambition. Mark of sovereignty (2nd and 3rd sentences) 1. Positively, this clause singles out the military as the guardian of the people and of the integrity of the national territory and therefore ultimately of the majesty of the law. 2. Negatively, it is an expression of disapproval of military abuses. SEC 4. The prime duty of the Government is to serve and protect the people. The Government may call upon the people to defend the State and, in the fulfillment thereof, all citizens may be required, under conditions provided by law, to render personal, military, or civil service. SEC. 5. The maintenance of peace and order, the protection of life, liberty and property, and the promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy. SEC. 6. The separation of Church and State shall be inviolable.

The policy does NOT prohibit the peaceful uses of nuclear energy. nor shall any person be denied the equal protection of the laws. the life of the unborn may be sacrificed. No person shall be deprived of life. Carrie. Factoran) The right to a balanced and healthful ecology carries with it the correlative duty to refrain from impairing the environment. 8. and the right to self-determination. It is not an assertion that the unborn is a legal person. territorial integrity. Nuclear arms tests. The possession. etc. While the right to a balanced and healthful ecology is found under the declaration of Principle and State Policies and not under the Bill of Rights. It is not an assertion that the life of the unborn is placed exactly on the level of the life of the mother. Subject to reasonable conditions prescribed by law. national interest. 2. 28. ARTICLE III – BILL OF RIGHTS Section 1. SEC. 2. Evelyn. The policy PROHIBITS: a. SEC. Under this provision. control and manufacture of nuclear weapons b. Wade doctrine allowing abortion up to the 6th month of pregnancy cannot be adopted in the Philippines because the life of the unborn is protected from the time of conception. liberty and property which governmental power may not touch. adopts and pursues a policy of freedom from nuclear weapons in its territory. Policy of freedom from nuclear weapons 1. The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. Protection for the unborn 1. Factoran) 2. 16. SEC. and prohibit political dynasties as may be defined by law. The State shall pursue an independent foreign policy. the State adopts and implements a policy of full public disclosure of all its transactions involving public interest. consistent with the national interest. (Oposa v. Principle that the family is not a creature of the state. The Philippines. In its relations with other states. It shall equally protect the life of the mother and the life of the unborn from conception. SEC.4 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie. Hence. the paramount consideration shall be national sovereignty. 3. SEC. The State shall maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption. BILL OF RIGHTS  The Bill of rights is a guarantee that there are certain areas of a person’s life. 26. 27. the Roe v. The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. . 12. liberty or property without due process of law. it does not follow that it is less important than any of the civil and political rights enumerated in the latter. Gem. 1. The State shall guarantee equal access to opportunities for public service. 7. Thel. SEC. Ronald Selected state policies SEC. when it is necessary to save the life of the mother. (Oposa v.

”  The rights in the Bill of Rights are sometimes referred to as natural laws and as being founded on natural right and justice. BALANCING THE RIGHTS OF PERSONS AND POLICE POWER For the proper defense and protection of freedom. ordain. it is necessary to remind ourselves that certain basic rights and liberties are immutable (unchangeable) and cannot be sacrificed to the transient needs or imperious demands of the ruling power. Definition of “Police Power”: 1) 2) 3) 4) 5) 6) 7) Power vested in the legislature By the Constitution To make. and establish all manner of wholesome and reasonable laws. A constitution can only define and delimit them and allocate their exercise among various government agencies.  The provisions of the bill of rights are primarily limitations on government. Gem. however. Thel. ordain.  It enumerates some of the private and inalienable rights of the people. Ronald  The Bill of rights is a declaratory of fundamental principles and of the basic rights of citizenship. as they shall judge to be for the good and welfare of the commonwealth. The rule of law must prevail or else liberty will perish. and ordinances Either with penalties or without Not repugnant to the constitution As they shall judge to be for the good and welfare of the commonwealth and of the subjects of the same.  The power vested in the legislature by the constitution to make. .  To the law of force rather than the force of law. statutes. Evelyn.  The totality of governmental power is contained in the three (3) great powers: police power. not repugnant to the constitution. Carrie.  The fundamental human rights conferred by the Constitution are not absolute. and it has been said that the rights protected by the Bill of Rights are those that inhere in the “great and essential principles of liberty and free government. These are inherent powers of government. either with penalties or without. that may not be taken away by government and that government has duty to protect. and of the subjects of the same. statutes. and ordinance.5 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie.  Any governmental action in violation of the rights declared in the Bill of Rights is void. power of eminent domain. Hence. declaring rights that exist without any governmental grant. the legislature may enact laws to protect and enforce the provisions of the Bill of Rights. government becomes the delicate art of balancing the power of government and the freedom of the governed. a political institution must possess power. so that the provisions of a Bill of Rights are self – executing to this extent. and establish All manner of wholesome and reasonable laws. and power of taxation. POLICE POWER  The power of promoting the public welfare by restraining and regulating the use of liberty and property.

for some intended public use. Thel.  The person’s acts and acquisitions are hemmed in the police power. .  Except for police power and power of taxation.  Importance of taxation derives from the unavoidable obligation of the government to protect the people and extend them benefits in the form of public projects and services. (Ermita V Mayor of Manila) public health public safety public morals general welfare SCOPE OF POLICE POWER Police power rests upon public necessity and upon the right of the State and of the public to self – protection. Evelyn. POWER OF TAXATION  The state is able to demand from the members of society their proportionate share or contribution in the maintenance of the government. For this reason. extending as it does to all the great public needs. Gem. and the rule in that case is that the authority must be strictly construed. Right to liberty  Includes that right to exist and the right to be free from arbitrary restraint or servitude.  Power of expropriation is the highest and most exact idea of property remaining in the government that may be acquired for some public purpose through a method in the nature of compulsory sale to the state. Ronald  The power of the state to regulate liberty and property for the promotion of the general welfare. Right to life The constitutional protection to life is not just a protection of the right to be alive or to the security of one’s limb against physical harm. Carrie. and welfare of society.6 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie. its scope expands and contracts with changing needs. The right to life is the right to a good life. safety. insistent and the least limitable of powers.  Negatively. POWER OF EXPROPRIATION OR POWER OF EMINENT DOMAIN  Enables the state to forcibly acquire private property. upon payment of just compensation.  It is the most essential.  The provision should be strictly interpreted against the expropriator and liberally in favor of the property owner. only the power of expropriation may be exercised by public and private corporations. police power is defined as that inherent and plenary (full) power in the State which enables it to prohibit all that is hurtful to the comfort.  Police power rests upon public necessity and upon the right of the state and of the public to self – protection.  The exercise of this power is necessarily in derogation of private rights.

of the influential and powerful.  Property is an important instrument enhancement of personal dignity.”  Property and property rights can be lost through prescription. the right to choose ones employment. Thel. and 2. 2. Right to property  Protected property include all kinds of property found in the Civil Code. A law which hears before it condemns. it varies with the subject matter and the necessities of the situation. Gem.” they “need breathing space to survive. Example: 1.  The chief elements to the guarantee are the right to contract. HEIRARCHY OF RIGHTS: PRIMACY OF HUMAN RIGHTS OVER PROPERTY RIGHTS  The primacy of human rights over property rights are recognized. Ronald  The right to enjoy the faculties to which he has been endowed by his Creator.  Property is not a basic right. Procedural due process – refers to the mode of procedure which government agencies must follow in the enforcement and application of laws. Property has an intimate relation with life and liberty. Due process depends on circumstances. Substantive due process – prohibition against arbitrary laws. 2.” permitting government regulation only “with narrow specificity. . such that an employee may not be removed without giving due process. If human rights are extinguished by the passage of time. for the preservation and  Property is as important as life and liberty – and to protect their (poor) property is really to protect their life and their liberty. Because these freedoms are “delicate and vulnerable. and of oligarchs. Note: PROCEDURAL DUE PROCESS: 1. Carrie. as well as supremely precious in our society” and the “threat of sanctions may deter their exercise almost as potently as the actual application of sanctions. of majorities. of Lands) 3. subject only to such restraints as are necessary for the common welfare. It has been deemed to include vested rights.7 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie. but human rights are imprescriptible.  Protection of property was a primary object of the social compact and that the absence of such protection could well lead to anarchy and tyranny. the right to labor and the right to locomotion. Aspects of “Due Process”: 1. Dir. The right to labor. then the Bill of Rights us a useless attempt to limit the power of government and ceases to be an efficacious shield against tyranny of officials. The right to public office.  Not only physical liberty but also intellectual liberty. Due process of law contemplates notice and opportunity to be heard before judgment is rendered affecting one’s person or property (Lopez v. Evelyn.

Thel. Evelyn. 5. What is required is not actual hearing. Gem. 2. crossexamination is not essential . The evidence must be duly considered by the investigating committee or official designated by the school authorities to hear and decide the case. The board or body should. with the assistance of counsel if desired. render its decision in such a manner that the parties to the proceeding can know the various issues involved and the reasons for the decision rendered. The decision must have something to support itself. The defendant must be given notice and an opportunity to be heard. 6. 2. The tribunal must consider the evidence presented. 4. The student must be informed in writing of the nature and cause of any accusation against them. 3. in all controversial questions. The student has the right to adduce evidence in his own behalf. For SCHOOL DISCIPLINARY proceedings: CODE: W A In A D P 1. 5. and not simply accept the views of a subordinate in arriving at a decision. For ADMINISTRATIVE proceedings: CODE: H E D S H I P 1. Jurisdiction must be lawfully acquired over the person of the defendant or over the property which is the subject of the proceedings. 2. The student shall have the right to answer the charges against him. 6. Violation of due process: when same person reviews his own decision on appeal. Judgment must be rendered upon a lawful hearing. The right to a hearing. but not in the promulgation of general rule. Proceedings in student disciplinary cases may be summary. Ronald Requisites of PROCEDURAL due process: For JUDICIAL proceedings: CODE: C J N O H 1. The student has the right to be informed of the evidence against him. Exceptions: 3. Notice and hearing are required in judicial and quasi-judicial proceedings. Serious breach of discipline. The requirement of due process can be satisfied by subsequent due hearing. 7. Carrie. 5.8 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie. The penalty imposed must be proportionate to the offense. 4. Note: 1. but a real opportunity to be heard. 2. 4. 3. 4. The decision must be based on the evidence presented at the hearing or at least contained in the record and disclosed to the parties affected. Failure to maintain the required academic standard. 3. 3. 2. Note: 1. The tribunal or body or any of its judges must act on its or his own independent consideration of the law and facts of the controversy. Evidence supporting the conclusion must be substantial. A court or tribunal clothed with judicial power to hear and determine the matter before it. which includes the right to present one’s case and submit evidence in support thereof. The school has a contractual obligation to afford its students a fair opportunity to complete the course a student has enrolled for. or 4.

Suspension of a bank’s operations by the Monetary Board upon a prima facie finding of liquidity problems in such bank. Must not contravene the Constitution or any statute Must not be unfair or oppressive Must not be partial or discriminatory Must not prohibit. as distinguished from those of a particular class. Requisites for valid classification for purposes of the equal protection clause The classification must: 1. Requisites of SUBSTANTIVE due process: CODE: I M 1. 3. 6. 9. It does not demand absolute equality. 3. 5. It merely requires that all persons shall be treated alike. Removal of temporary employees in the government service. Issuance of warrants of distraint and/or levy by the BIR Commissioner. The right to counsel is a very basic requirement of substantive due process and has to be observed even in administrative and quasi-judicial bodies. under like circumstances and conditions both as to privileges conferred and liabilities enforced. . 8. Cases of preventive suspension. 4. 2. When administrative agencies are exercising their quasi-legislative functions. 2. requires the interference by the government and 2. 2. The MEANS employed are necessary for the accomplishment of the purpose and not unduly oppressive upon individuals. The INTERESTS of the public generally.9 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie. 6. Thel. 10. Cancellation of the passport of a person charged with a crime. 7. Carrie. 4. Gem. And differ as to its application Equal Protection of the law The equality that it guarantees is legal equality or the equality of all persons before the law. Note: 1. Ronald Instances when hearings are NOT necessary: 1. Granting by courts of provisional remedies. 4. That men of ordinary intelligence must necessarily GUESS as to its meaning 3. Judicial order which prevents an accused from travelling abroad in order to maintain the effectivity of the court’s jurisdiction. but may regulate trade Must be general and consistent with public policy Must not be unreasonable When is a law VAGUE? 1. Abatement of nuisance per se. Issuance of sequestration orders (considered a provisional remedy). 2. Requirements of a valid ordinance: 1. When it lacks COMPREHENSIBLE STANDARDS 2. CODE: SGEE Rest on SUBSTANTIAL DISTINCTIONS Be GERMANE to the purposes of the law NOT LIMITED TO EXISTING CONDITIONS only APPLY EQUALLY to all members of the SAME CLASS. The right to appeal is a statutory privilege that may be exercised only in the manner in accordance with law. 3. Evelyn. 5.

Evelyn. Carrie. Ronald Section 2. Makasiar. For the issuance of a search warrant: Probable cause would mean such facts and circumstances which would lead a reasonably discreet and prudent man to believe that an offense has been committed and that the objects sought in connection with the offense are in the place to be searched. 2. and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable. he may disregard the fiscal’s report and require the submission of supporting affidavits of witnesses to aid him in arriving at the conclusion as to the existence of probable cause. Gem. What the Constitution underscores is the exclusive and personal responsibility of the issuing judge to satisfy himself of the existence of probable cause ( Soliven v. General Rule: Search and seizures are unreasonable UNLESS authorized by a validly issued search warrant or warrant of arrest Requisites for a valid warrant: CODE: P J E D 1. Procedure: 1. the Judge must go beyond the prosecutor’s certification and investigation report whenever necessary (Lim v. unlike in the case of a warrant of arrest. on the basis thereof. Thel. It must be issued upon PROBABLE CAUSE.10 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie. papers. Felix). and particularly describing the place to be searched and the person or things to be seized. the judge finds no probable cause. Note: Probable cause for the issuance of a search warrant does NOT require that the probable guilt of a specific offender be established. The judge must EXAMINE UNDER OATH the complainant and the witnesses he may produce. Existence of probable cause “DETERMINED PERSONALLY BY THE JUDGE” The judge is NOT required to personally examine the complainant and his witnesses. Definition of “PROBABLE CAUSE” For the issuance of a warrant of arrest: Probable cause refers to such facts and circumstances which would lead a reasonably discreet and prudent man to believe that an offense has been committed by the person sought to be arrested. The right of the people to be secure in their persons. If on the basis thereof. houses. and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce. 3. The existence of probable cause is determined personally by the JUDGE. To be sure. issue a warrant of arrest or 2. 167 SCRA 394). 4. . The judge personally evaluates the report and supporting documents submitted by the fiscal regarding the existence of probable cause and. The warrant must PARTICULARLY DESCRIBE the place to be searched and person or things to be seized.

Ruiz. Ronald Examination “UNDER OATH OR AFFIRMATION OF THE COMPLAINANT AND WITNESSES” 1. Veloso. Was the fruit thereof or iii. B. JOHN DOE WARRANT A “John Doe” warrant can satisfy the requirement of particularity of description if it contains a descriptio personae such as will enable the officer to identify the accused (People v. Seizure of goods concealed to avoid customs duties/authorized under the Tariffs and Customs Code A. 159) GENERAL WARRANT A general warrant is one that does not allege any specific acts or omissions constituting the offense charged in the application for the issuance of the warrant. Search made as an incident to lawful arrest A. if there is time to obtain a warrant in order to search the vehicle. Search of moving vehicles A. Any money or property found upon his person which was used in the commission of the offense or ii. B. PARTICULARITY OF DESCRIPTION (SEARCH WARRANT) 1. When the things described are limited to those which bear a direct relation to the offense for which the warrant is being issued (Bache and Co. A search warrant may be said to particularly describe the things to be seized when the description therein is as specific as the circumstances will ordinarily allow or 2. Carrie. The search must be made simultaneously with the arrest and it may only be made in the area within the reach of the person arrested 2. The Tariffs and Customs Code authorizes persons having police authority under the Code to effect search and seizures without a search warrant to enforce customs laws. Evelyn. 48 Phil. Which may be used in evidence in the trial of the case B. Thus. Exception: A search warrant is required for the search of a dwelling house. VALID WARRANTLESS SEARCH 1. a warrant must first be obtained. Thel.11 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie. CFI. This exception is based on exigency. 64 Phil. 37 SCRA 823). Which might furnish the prisoner with the means of committing violence or escaping or iv. . 33). The oath required must refer to the truth of the facts within the personal knowledge of the complainant or his witnesses because the purpose is to convince the judge of the existence of probable cause (Alvarez v. 3. When the description expresses a conclusion of fact – not of law – by which the warrant officer may be guided in making the search and seizure or 3. It contravenes the explicit demand of the Bill of Rights that the things to be seized be particularly described. v. 2. Gem. The true test of sufficiency of an affidavit to warrant the issuance of a search warrant is whether it has been drawn in such a manner that perjury could be charged thereon and affiant be held liable for the damages caused (Alvarez v. CFI). An officer making an arrest may take from the person arrested: i. The search of a moving vehicle must be based on probable cause.

Evelyn. Gem. Searches under this exception include searches at borders and ports of entry. Thel. Searches in these areas do not require the existence of probable cause . Ronald C.12 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie. Carrie.

3. VALID WARRANTLESS ARRESTS 1. Seizure of evidence in plain view A. iii. B. 2. The search made pursuant to the waiver must be made within the scope of the waiver. Waiver of right A. When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or temporarily confined while his case is pending. C. or has escaped while being transferred from one confinement to another. is actually committing. Mere absence of opposition is not a waiver. 5. he is deemed to have waived any irregularity which may have occurred in relation to his arrest. B. B. Thel. There is an actual intention to relinquish such right. . 5. or is about to commit an offense in the presence of the arresting officer. The person had actual or constructive knowledge of the existence of such right. De Villa) 2. The 1987 Constitution has returned to the 1935 rule that warrants may be issued only by judges. the articles must be open to the eye and hand. When an offense has in fact just been committed and the arresting officer has personal knowledge of facts indicating that the person to be arrested has committed it. There must be no supervening event which breaks the continuity of the chase. only the person being searched can waive the same. The right exists. To be a valid warrantless search. but the Commissioner of Immigration may order the arrest of an alien in order to carry out a FINAL deportation order. Thus.13 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie. The peace officer comes upon them inadvertently. Carroll rule: warrantless search of a vehicle that can be quickly moved out of the locality or jurisdiction 3. When the person to be arrested has committed. The right against unreasonable searches and seizures is a personal right. Waiver requires a positive act from the person. Gem. Carrie. Ronald 4. The pursuit of the offender by the arresting officer must be continuous from the time of the commission of the offense to the time of the arrest. Evelyn. ii. Checkpoints: as long as the vehicle is neither searched nor its occupants subjected to a body search and the inspection of the vehicle is limited to a visual search = valid search (Valmonte V. 4. Hot pursuit A. Note: 1. Requisites of a valid waiver: i. D. Waiver of an invalid arrest: When a person who is detained applies for bail.

Thel. messages. Stop and frisk When a policeman observes suspicious activity which leads him to believe that a crime is about to be committed. Evelyn. a weapon on the suspect which is unlicensed. Peaceful picketing has also been included within the meaning of speech. the protection against unreasonable search and seizure cannot be extended to acts committed by private individuals. flat license fees for the privilege of selling religious books . The law does not distinguish between a party to the private communication or a third person. Hence.A. Prohibition against PRIOR RESTRAINT 2. tape or disc recorded. No law shall be passed abridging the freedom of speech.14 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie. Prohibition against SUBSEQUENT PUNISHMENT Prohibition against prior restraint 1. 2. 4200 (Ramirez v. he can arrest such person then and there for having committed an offense in the officer’s presence. IAC. The use of a telephone extension to overhear a private conversation is not a violation of R. telegrams and the like. he can investigate the suspicious looking person and may frisk him for weapons as a measure of self-protection. written. Examples/forms of prior restraint a. (People v. R. a telephone extension is not purposely installed for the purpose of secretly intercepting or recording private communication. 145 SCRA 112) Types of communication protected: Letters. 4200 if they commit any of the prohibited acts under R.A. telephone calls. What are considered protected speech: Protected speech includes every form of expression. however. (1) The privacy of communication and correspondence shall be inviolable except upon lawful order of the court. Also. Carrie. Martin) Section 4. (2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceedings. Should he find. However. or of the right of the people peaceably to assemble and petition the government for redress of grievances. or of the press. or when public safety or order requires otherwise as prescribed by law. Ca) 2. movie censorship b. Prior restraint means official governmental restrictions on the press or other forms of expression in advance of actual publication or dissemination. both a party and a third person could be held liable under R. license taxes based on gross receipts for the privilege of engaging in the business of advertising in any newspaper d. 4200 because it is not similar to any of the prohibited devices under the law. Gem. It includes motion pictures as well as what is known as symbolic speech such as the wearing of an armband as a symbol of protest. (Gaanan v. whether oral. Exclusionary rule: Any evidence obtained shall be inadmissible for any purpose in any proceeding. judicial prior restraint = injunction against publication c. Prohibitions under Section 4 1. Section 3. 4200 (Anti-Wiretapping Act) 1.A.A. Ronald 6. of expression. in the absence of governmental interference.

are not protected. opinions can be aired regarding their public actuations. Commercial speech. Public Service Commission of NY. Government can prevent publication about the number/locations of its troops (Near v. not of fact. Evelyn. 2. The courts should BALANCE the PUBLIC INTEREST served by legislation on one hand and the FREEDOM OF SPEECH (or any other constitutional right) on the other. The statements are not used to attack personalities but to give one’s opinion on decisions and actions. A communication which no more than proposes a commercial transaction. anyone with a connection to a newsworthy event). Obscene publications. It is not more extensive than is necessary to protect that interest. The courts will then decide where the greater weight should be placed. LIBEL A. social or religious ideas. OPINIONS. With respect to public personalities (politicians. if not germane to their public personae. To enjoy protection: a. Government has a substantial interest to protect. speech which communicates political. Dangerous Tendency Test CRITERION There should be a RATIONAL CONNECTION between the speech and the evil apprehended. These enjoy the same degree of protection. Ex. These are statements of OPINION. Minnesota.S. Even truthful and lawful commercial speech may be regulated if: a. The regulation directly advances that interest. Standards for allowable subsequent punishment TEST 1. Balancing of Interests Test Freedom of Speech The doctrine on freedom of speech was formulated primarily for the protection of “core” speech. Rule). Comment on their private lives. Ronald When prohibition does not apply a. FAIR COMMENT (U. and b. however. 2. During a war. (Central Hudson Gas and Electric Corp. b. It should not propose an illegal transaction. 3. 447 US 557) Unprotected Speech 1. does not. What is important is that the opinion is the true and honest opinion of the person. There should be a clear and present danger that the words when used under such circumstances are of such a nature as to create a CLEAR AND PRESENT DANGER that they will bring about the substantive evils that the State has a right to prevent. and c. and are not considered actionable. .e. Commercial Speech 1. i. Thel. Gem. even if the words used are neither mild nor temperate. It must not be false or misleading. actors. v. 238 US 697) b. Clear and Present Danger Test 3.15 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie. B. Carrie.

must be transmitted to the applicants at the earliest opportunity so that they may. The application should be filed ahead of time to enable the public official concerned to appraise whether there are valid objections to the grant of the permit or to its grant. The free exercise and enjoyment of religious profession and worship. taken as a whole. Gem. Free exercise of Religion . specifically defined by law. Judge will determine whether they are in fact “obscene”. OBSCENITY A. or prohibiting the free exercise thereof. California) i. v. Evelyn.16 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie. applying contemporary community standards would find that the work. Right of Assembly and Petition 1. No law shall be made respecting an establishment of religion. whether favorable or adverse. Thel. The decision of the public authority. Proper action should be filed under Art. iv. vi. taken as a whole. sexual conduct. Ronald 2. appeals to the prurient interest. ii. 3. Conviction is subject to appeal. Clauses under Section 5 1. Rules on assembly in public places: i. Whether the average person. political or scientific value. the applicants must be heard on the matter. the public place where and the time when the assembly will take place. but in another public place. Section 5. Judge will issue a search warrant. Rules on assembly in private properties: Only the consent of the owner of the property or person entitled to possession thereof is required. Whether the work depicts or describes. Test for obscenity (Miller v. Whether the work. 201 of the RPC. iii. Authorities must apply for issuance of search warrant. B. Procedure for seizure of allegedly obscene publications i. shall forever be allowed. If the public authority is of the view that there is an imminent and grave danger of a substantive evil. No religious test shall be required for the exercise of civil or political rights. if they so desire. The grant or refusal should be based on the application of the Clear and Present Danger Test. artistic. ii. The standards for allowable impairment of speech and press also apply to the right of assembly and petition. Applicant should inform the licensing authority of the date. in a patently offensive way. Court must be convinced that the materials are obscene. iii. without discrimination or preference. have recourse to the proper judicial authority. iv. lacks serious literary. Non-establishment clause 2. 2. iii. Apply clear and present danger test. ii. Carrie.

Manglapus) Section 7. two requisites must be met. It is violated by the enactment of laws which establish an official religion whether those laws operate directly to coerce non-observing individuals or not. Rights guaranteed under Section 6: 1. the law violates the nonestablishment clause. the right to return to one’s country is not covered by the specific right to travel and liberty of abode. The test of compliance with the non-establishment clause can be stated as follows: What are the purposes and primary effect of the enactment? If either is the advancement or inhibition of religion. May be curtailed even by administrative officers (ex. Note: The right to travel and the liberty of abode are distinct from the right to return to one’s country. The non-establishment clause does not depend upon any showing of direct governmental compulsion. the person affected must show the coercive effect of the legislation as it operates against him in the practice of his religion. 3. Thel. the moment such belief flows over into action. 374 US 203) 1. Right to travel MANNER OF CURTAILMENT Lawful order of the court and within the limits prescribed by law. it becomes subject to government regulation. Gem. or public health. Second. Right of access to official records and documents . it has a secular legislative purpose. passport officers) in the interest of national security. It must not require excessive entanglement with recipient institutions. First. It must have a primary effect that neither advances nor inhibits religion. Ronald Distinction between the clauses (School District v. Freedom to travel within the country and outside. While the freedom to believe (non-establishment) is absolute. Rights guaranteed under Section 7 1. public safety or public health.17 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie. Curtailment of rights: RIGHT 1. The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. Liberty of abode 2. Right to information on matters of public concern 2. as may be provided by law. 2. The right of the people to information on matters of public concern shall be recognized. public safety. as shown by the fact that the Declaration of Human Rights and the Covenant on Human Rights have separate guarantees for these. its primary effect neither advances nor inhibits religion. Hence. (Marcos v. Thus. in order for a law to comply with the non-establishment clause. Section 6. 2. Freedom to choose and change one’s place of abode. Schempp. 2. as may be provided by law. Evelyn. Requisites for government aid to be allowable: 1. In order to show a violation of this clause. Carrie. It must have a secular legislative purpose. Neither shall the right to travel be impaired except in the interest of national security. The free exercise of religion clause withdraws from legislative power the exertion of any restraint on the free exercise of religion.

Executive. 5. The right also covers the right not to join an association. the government cannot exercise the power of eminent domain as a substitute to the enforcement of the contract. Recognized restrictions on the right of the people to information: 1.18 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie. 2. pursuant to an ordinance enacted by their respective legislative bodies (under LGC) 3) Public utilities. insofar as the associations may have for their object the advancement of beliefs and ideas. National security matters Intelligence information Trade secrets Banking transactions Diplomatic correspondence Executive sessions Closed door cabinet meetings Supreme Court deliberations Section 8. associations. The right of the people. unless there is a statutory ban on them. subject to the same limitation. Carrie. The right to form associations shall not be impaired without due process of law and is thus an aspect of the right of liberty. It is also an aspect of the freedom of contract. Congress b. Ronald Persons entitled to the above rights Only Filipino citizens. pursuant to legislation enacted by Congress 2) Local government units. Government employees have the right to form unions. When is the exercise of the power of eminent domain necessary? It is only necessary when the owner does not want or opposes the sale of his property. the freedom of association is an aspect of the freedom of speech and expression. 8. 3. They also have the right to strike. In addition. to form unions. Who can exercise the power of eminent domain: 1) The national government a. 6. Discretion of government The government has discretion with respect to the authority to determine what matters are of public concern and the authority to determine the manner of access to them. Evelyn. including those employed in the public and private sectors. Thel. Section 9. or societies for purposes not contrary to law. 7. Elements of the power of eminent domain 1) There is a TAKING of private property 2) Taking is for PUBLIC USE 3) Payment of JUST COMPENSATION . as may be delegated by law. Private property shall not be taken for public use without just compensation. if a valid contract exists between the government and the owner. shall not be abridged. Thus. Gem. 4.

Judicial review of the exercise of the power of eminent domain 1. 2. Market value is generally defined as the fair value of the property as between one who desires to purchase and one who desires to sell. future potential use of the land is not considered in computing just compensation. Compensable taking does not need to involve all the property interests which form part of the right of ownership. Gem. However. if the expropriation is pursuant to a specific law passed by Congress. that is. Ronald "TAKING" A. there is already a compensable taking. 3. To determine the "public use" character of the taking. Public use. Thel. 2. To determine the adequacy of the compensation 2. When one or more of the property rights are appropriated and applied to a public purpose. Compensation is just if the owner receives a sum equivalent to the market value of his property. B. . The point of reference use in determining fair value is the value at the time the property was taken. the State is free to dispose of it at will.19 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie. However. When municipal property is taken by the State: Compensation is required if the property is a patrimonial property.e. To determine the necessity of the taking 3. Elements: CODE: E P A P O 1. Exception: When the filing of the case comes later than the time of taking and meanwhile the value of the property has increased because of the use to which the expropriator has put it. Examples of public use include land reform and socialized housing. i. property acquired by the municipality with its private funds in its corporate or private capacity. the value is that of the time of the earlier taking. "PUBLIC USE" 1.. 5. "JUST COMPENSATION" 1. the courts cannot question the public use character of the taking. Carrie. if it is any other property such a public buildings or legua comunal held by the municipality for the State in trust for the inhabitants. BUT if the value increased independently of what the expropriator did. Evelyn. then the value is that of the latter filing of the case. Point of reference for valuating a piece of property: General rule: The value must be that as of the time of the filing of the complaint for expropriation. it must be permanent Entry is made under warrant or color of legal authority Property is devoted to public use Utilization of the property must be in such a way as to oust the owner and deprive him of the beneficial enjoyment of his property. 2. The expropriator enters the property The entrance must not be for a momentary period. even if bare title still remains with the owner. for purposes of expropriation. Thus. 4. is synonymous with public welfare as the latter term is used in the concept of police power.

No law impairing the obligation of contracts shall be passed. 3) Confessions made by an accused at the time he voluntarily surrendered to the police or outside the context of a formal investigation. Requisites of valid waiver: 1) Waiver should be made in WRITING 2) Waiver should be made in the PRESENCE OF COUNSEL. When rights are available: 1) AFTER a person has been taken into custody or 2) When a person is otherwise deprived of his freedom of action in any significant way. Right to be informed of these rights. Section 13. Thel. Carrie. Gem. offense. When rights are not available: 1) During a police line-up. Evelyn. 2) Therefore. 4) Statements made to a private person. Exception: Once there is a move among the investigators to elicit admissions or confessions from the suspect. being the fruit of a poisoned tree. BEFORE CONVICTION 3) Be entitled to bail. 2) During administrative investigations. When does a law impair the obligation of contracts: 1) If it changes the terms and conditions of a legal contract either as to the time or mode of performance 2) If it imposes new conditions or dispenses with those expressed 3) If it authorizes for its satisfaction something different from that provided in its terms. and which still leaves an efficacious remedy for enforcement does NOT impair the obligation of contracts. Ronald Section 10. Right to bail Who are entitled to bail: 1) All persons ACTUALLY DETAINED 2) shall. Exclusionary rule 1) Any confession or admission obtained in violation of this section shall be inadmissible in evidence against him (the accused).20 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie. 3) When the investigation is being conducted by the government (police. . any evidence obtained by virtue of an illegally obtained confession is also inadmissible. DOJ. Rights of person under investigation for the commission of an Rights of person under investigation for the Commission of an offense CODE: SCISI 1) 2) 3) 4) Right to remain silent Right to have competent and independent counsel. preferably of his own choice Right to provided with the services of counsel if he cannot afford the services of one. A valid exercise of police power is superior to obligation of contracts. Section 12. NBI) with respect to a criminal offense. 4) Signing of arrest reports and booking sheets. A mere change in PROCEDURAL REMEDIES which does not change the substance of the contract.

2. 2. impartial and public trial Right to meet the witnesses face to face Right to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf “DUE PROCESS” This means that the accused can only be convicted by a tribunal which is required to comply with the stringent requirements of the rules of criminal procedure. a person may attain provisional liberty through recognizance. 7. 3. Apart from bail. Ronald Who are not entitled to bail: 1) 2) 3) Persons charged with offenses PUNISHABLE by RECLUSION PERPETUA or DEATH. 2. Bail is only discretionary pending appeal. “PRESUMPTION OF INNOCENCE” The Constitution does not prohibit the legislature from providing that proof of certain facts leads to a prima facie presumption of guilt. 1) The right to bail shall NOT be impaired even when the privilege of the writ of habeas corpus is suspended. provided that the facts proved have a reasonable connection to the ultimate fact presumed.21 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie. Note: 1. Factors considered in setting the amount of bail: 1) Ability to post bail 2) Nature of the offense 3) Penalty imposed by law 4) Character and reputation of the accused 5) Health of the accused 6) Strength of the evidence 7) Probability of appearing at the trial 8) Forfeiture of previous bail bonds 9) Whether accused was a fugitive from justice when arrested 10) If accused is under bond in other cases Implicit limitations on the right to bail: 1. The constitutional right is available only in criminal cases. Persons who are members of the AFP facing a court martial. in deportation proceedings. Rights of an accused Rights of a person charged with a criminal offense 1. Right to due process of law Right to be presumed innocent Right to be heard by himself and counsel Right to be informed of the nature and cause of the accusation against him Right to have a speedy. 2) Excessive bail shall not be required. 6. e. when evidence of guilt is strong Persons CONVICTED by the trial court. Presumption of guilt should not be conclusive. Right to bail is not available in the military. 5. 4. Evelyn. . Other rights in relation to bail. Section 14. Carrie.g. not. The person claiming the right must be in actual detention or custody of the law. Thel. Gem.

(i) (ii) Accused has been duly notified. EXCEPTION: If the accused. C. Right to an impartial judge 4. After arraignment. the judge must: (i) Inform the accused that he has a right to a counsel before arraignment (ii) Ask the accused if he desires the aid of counsel (iii) If the accused desires counsel. Evelyn.22 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie. The right to be present covers the period from ARRAIGNMENT to PROMULGATION of sentence. a counsel de oficio must be appointed (iv) If the accused desires to obtain his own counsel. the court can still compel the attendance of the accused if necessary for identification purposes. Right to counsel (a) Right to counsel means the right to EFFECTIVE REPRESENTATION. 2. . trial may proceed notwithstanding absence of accused. (b) If the accused appears at arraignment without counsel. Note. It is not determined based on the caption or preamble thereof nor from the specification of the provision of law allegedly violated. the court must give him a reasonable time to get one. The real nature of the crime charged is determined from the recital of facts in the information. B. While the accused is entitled to be present during promulgation of judgement. Thel. If the information fails to allege the material elements of the offense. Right to be present at the trial A. 3. Ronald “RIGHT TO BE HEAR BY HIMSELF AND COUNSEL” The right to be heard includes the following rights: 1. the witness is to be understood as referring to him. provided 2 requisites are met. However. and His failure to appear is unjustifiable. the accused cannot be convicted thereof even if the prosecution is able to present evidence during the trial with respect to such elements. The accused may waive the right to be present at the trial by not showing up. D. after arraignment. Right to compulsory process to secure the attendance of witnesses “RIGHT TO BE INFORMED OF THE NATURE AND CAUSE OF ACCUSATION AGAINST HIM” Purposes of the right: 1) To furnish the accused with a description of the charge against him as will enable him to make his defenses 2) To avail himself of his conviction or acquittal against a further prosecution for the same cause 3) To inform the court of the facts alleged. and that any time a witness refers to a name by which he is known. the absence of his counsel during such promulgation does not affect its validity. that trial in absentia is allowed only if the accused has been validly arraigned. Gem. but cannot afford one. has stipulated that he is indeed the person charged with the offense and named in the information. Right of confrontation and cross-examination 5. Carrie.

To allow the judge the opportunity to observe the deportment of the witness Failure of the accused to cross-examine a witness If the failure of the accused to cross-examine a witness is due to his own fault or was not due to the fault of the prosecution. he can file a petition for the issuance of writ of habeas corpus. The right of the accused to a public trial is not violated if the hearings are conducted on Saturdays. either with the consent of the accused or if failed to object thereto. “RIGHT TO MEET WITNESS FACE TO FACE” Purposes of the right: 1. Definition of impartial trial The accused is entitled to the “cold neutrality of an impartial judge”. With respect to child testimony . Definition of public trial The attendance at the trial is open to all irrespective of their relationship to the accused. if the evidence to be adduced is “offensive to decency or public morals”. the testimony of the witness should be excluded. Thel. Gem. Thus.23 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie. This would be the effect even if the dismissal was made with the consent of the accused Remedy of the accused if his right to speedy trial has been violated He can move for the dismissal of the case. Principal exceptions to the right of confrontation 1. IMPARTIAL AND PUBLIC TRIAL” Factors used in determining whether the right to a speedy trial has been violated 1) 2) 3) 4) 5) Time expired from the filing of the information Length of delay involved Reasons for the delay Assertion or non-assertion of the right by the accused Prejudice caused to the defendant. However. Evelyn. Carrie. it cannot be availed of during preliminary investigations. Effect of dismissal based on the ground of violation of the accused’s right to speedy trial If the dismissal is valid. it amounts to an acquittal and can be used as basis to claim double jeopardy. the public may be excluded. When the right to cross-examine is demandable It is demandable only during trials. To afford the accused an opportunity to cross-examine the witness 2. Ronald “RIGHT TO SPEEDY. It is an element of due process. If he is detained. The admissibility of “dying declarations” 2. Trial in absentia under Section 14(2) 3.

the fingerprinting of an accused would not violate the right against self-incrimination. What is PROHIBITED is the use of physical or moral compulsion to extort communication from the witness or to otherwise elicit evidence which would not exist were it not for the actions compelled from the witness. Carrie. However. Gem. In criminal cases 2. Right against involuntary servitude Definition of involuntary servitude It is every condition of enforced or compulsory service of one to another no matter under what form such servitude may be disguised. All persons shall have the right to a speedy disposition of their cases before all judicial. Scope of right 1. However. Personal military or civil service in the interest of national defense 3. He can only refuse to answer specific questions which would incriminate him in the commission of an offense. Judicial persons are subject to the visitorial powers of the state in order to determine compliance with the conditions of the charter granted to them.24 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie. An accused can refuse to take the witness stand by invoking the right against selfincrimination. Distinction between an accused and an ordinary witness 1. Ronald Section 16. Section 18. 2. Return to work order issued by the DOLE Secretary or the President . a third person in custody of the document may be compelled to produce it. An ordinary witness cannot refuse to take the stand. When is a question incriminating: A question tends to incriminate when the answer of the accused or the witness would establish a fact which would be a necessary link in a chain of evidence to prove the commission of a crime by the accused or the witness. In administrative proceedings if the accused is liable to a penalty (Ex. The right does NOT PROHIBIT the examination of the body of the accused or the use of findings with respect to his body as physical evidence. Distinction between Section 14 and Section 16 While the rights of an accused only apply to the trial phase of criminal cases. The accused cannot be compelled to produce a private document in his possession which might tend to incriminate him. When the right can be invoked: 1. or administrative bodies. quasi-judicial. Hence. No person shall be compelled to be a witness against himself. Punishment for a crime for which the party has been duly convicted 2. QUASI-JUDICIAL or ADMINISTRATIVE proceedings. the right to a speedy disposition of cases covers ALL phases of JUDICIAL. 2. Exceptions: 1. Forfeiture of property) Who can invoke the right: Only natural persons. Thel. Evelyn. Section 17. 3. obtaining a sample of the handwriting of the accused would violate this right if he is charged for falsification.

e.25 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie. Reason: Without a valid penalty. Ronald Section 19. A penalty is cruel and inhuman if it involves torture or lingering suffering. 2. when under any circumstance. 3) The second jeopardy must be for the same offense as that in the first. Excessive fine A fine is excessive. i. If an act punished by a law and an ordinance. It must not be excessive. Thus. It must not be applied arbitrarily. Section 20. The fraudulent debt constitutes a crime such as estafa and B. Ex. Standards used: 1. all other types of obligations are not within the scope of this prohibition. it is disproportionate to the offense. Evelyn. Carrie. Being drawn and quartered. degrading and inhuman punishment When is a penalty “cruel. Definition of debt under Section 20 1) Debt refers to a CONTRACTUAL obligation. Gem. 2. Bernas says that the accused cannot be convicted of the crime to which the punishment is attached if the court finds that the punishment is cruel. then paraded throughout town. 2) Thus. . Requisites for a valid defense of double jeopardy: CODE: ATS 1) First jeopardy must have attached prior to the second. Being tarred and feathered. Note: Fr. the law is not a penal law. degrading and inhuman”? 1. 2) The first jeopardy must have terminated. A penalty is degrading if it exposes a person to public humiliation. 3) A FRAUDULENT debt may result in the imprisonment of the debtor if: A. It must not be unacceptable to contemporary society 4. The accused has been duly convicted. this may result in his subsidiary imprisonment because his liability is ex delicto and not ex contractu. 3. No person shall be twice put in jeopardy of punishment for the same offense. When does jeopardy ATTACH: (1st requisite) CODE: CICAV 1) A person is charged 2) Under a complaint or information sufficient in form and substance to sustain a conviction 3) Before a court of competent jurisdiction 4) After the person is arraigned 5) Such person enters a valid plea. Thel. resulting in any liability to pay money. conviction or acquittal under either shall constitute a bar to another prosecution for the same act. Section 21. if an accused fails to pay the fine imposed upon him. Prohibition against cruel. Ex. degrading or inhuman. whether express or implied. it must serve a penal purpose more effectively than a less severe punishment would. The punishment must not be so severe as to be degrading to the dignity of human beings. No person shall be imprisoned for debt or non-payment of a poll tax.

Thel. Ronald When does jeopardy NOT attach: 1) If information does not charge any offense 2) If. it is not necessary that the offense be the same. Examples of termination of jeopardy: 1) Dismissal based on violation of the right to a speedy trial. 3) Dismissal on motion of the prosecution. B. the prosecution for one will not bar the other so long as none of the exceptions apply. 2) If dismissal does NOT amount to an acquittal or dismissal on the merits 3) If the question to be passed upon is purely legal. The facts constituting the graver offense became known or were discovered only after the filing of the former information. the accused presents evidence of complete self-defense. 3) One offense is necessarily included or necessary includes the other. and the court thereafter acquits him without entering a new plea of not guilty for accused. 2) One offense is an attempt to commit or a frustration of the other offense. This is a dismissal on the merits. 4) If the dismissal violates the right of due process of the prosecution. . 5) If the dismissal was made with grave abuse of discretion. Exception: If motion is based on violation of the right to a speedy trial or on a demurrer to evidence. 4) If a complaint filed for preliminary investigation is dismissed. This amounts to an acquittal. Definition of double jeopardy (2nd sentence of Sec. The plea of guilty to the lesser offense was made without the consent of the fiscal and the offended party. This amounts to an acquittal. The graver offense developed due to a supervening fact arising from the same act or omission constituting the former charge. What are considered to be the “SAME OFFENSE”: Section 21) (under the 1 st sentence of 1) Exact identity between the offenses charged in the first and second cases. Gem. 4) Discharge of an accused to be a state witness. Evelyn.26 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie. upon pleading guilty. subsequent to a motion for reinvestigation filed by the accused. Carrie. 2) Dismissal based on a demurrer to evidence. When can the PROSECUTION appeal from an order of dismissal: 1) If dismissal is on motion of the accused. C. 21) Double jeopardy will result if the act punishable under the law and the ordinance are the same. When does first jeopardy TERMINATE: (2ND REQUISITE) 1) 2) 3) 4) Acquittal Conviction Dismissal W/O the EXPRESS consent of the accused Dismissal on the merits. SUPERVENING FACTS 1) Under the Rules of Court. For there to be double jeopardy. Note: where a single act results in the violation of different laws or different provisions of the same law. 3) If the information for an offense cognizable by the RTC is filed with the MTC. a conviction for an offense will not bar a prosecution for an offense which necessarily includes the offense charged in the former information where: A.

Gem. or a proclamation of amnesty. There must be a LAW. 4) One which alters the legal rules of evidence and receives less testimony than the law required at the time of the commission of the offense in order to convict the accused. which. Definition of ex-post facto law. in effect. Section 22. who elect Philippine citizenship upon reaching the age of majority. The penal burden is imposed DIRECTLY by the LAW W/O JUDICIAL trial. ARTICLE IV – CITIZENSHIP Who are citizens of the Philippines? 1) Those who are citizens of the Philippines at the time of the adoption of the 1987 Constitution 2) Those whose fathers or mothers are citizens of the Philippines.27 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie. Such court may even increase the penalties imposed on the accused by the trial court. 6) One which deprives a person accused of a crime of some lawful protection to which he has become entitled such as the protection of a former conviction or acquittal. if the facts could have been discovered by the prosecution but were not discovered because of the prosecution’s incompetence. C. Thel. Definition of BILL OF ATTAINDER 1) A bill of attainder is a LEGISLATIVE act which inflicts punishment W/O JUDICIAL trial. Evelyn. B. 2) The bill of attainder does not need to be directed at a specifically named person. 2) One which aggravates the crime or makes it greater than when it was committed. was lawful. when done. 1973 of Filipino mothers. Effect of appeal by the accused: If the accused appeals his conviction. . criminal. 3) Those born before January 17. No ex post facto law or bill of attainder shall be enacted. it would not be considered a supervening event. Note: The prohibition on ex post facto laws only applies to retrospective PENAL laws. 4) Those who are naturalized in accordance with law. imposes a penalty or deprivation of a right. Carrie. 3) Elements of the bill of attainder A. It may also refer to easily ascertainable members of a group in such a way as to inflict punishment on them without judicial trial. The law imposes a PENAL burden on a NAMED INVIDIDUAL/EASILY ASCERTAINABLE MEMBERS of a GROUP. The whole case will be open to review by the appellate court. 3) One which changes the punishment and inflicts a greater punishment than that which the law annexed to the crime when it was committed. 1) One which makes an action done before the passing of the law. and punishes such action. and which was innocent when done. Ronald 2) Under (1)(b). 5) One which assumes to regulate civil rights and remedies only BUT. he WAIVES his right to plead double jeopardy. Modes of acquiring citizenship: 1) Jus Soli – acquisition of citizenship on the basis of place of birth 2) Jus Sanguinis – acquisition of citizenship on the basis of blood relationship 3) Naturalization – the legal act of adopting an alien and clothing him with the privilege of a native-born citizen.

Natural-born citizens: 1) Citizens of the Philippines from birth who do not need to perform any act to acquire or perfect their Philippine citizenship. Gem. By naturalization 3. Therefore. 2) Those who elect Philippine citizenship under Art. Hence. This involves taking an oath of allegiance and filing the same with the civil registry. by becoming a naturalized citizen of another country) Re-acquisition of citizenship Natural-born Filipinos who are deemed to have lost their citizenship may re-acquire the same via repatriation proceedings. 3. the mothers must have been Filipinos at the time of their marriage. her child would have to elect Filipino citizenship upon reaching the age of majority. under the law. to have renounced it. 4. she lost her Filipino citizenship. By naturalization in a foreign country By express renunciation of citizenship By subscribing oath or allegiance to a foreign Constitution By serving in the armed forces of an enemy country By being a deserter of the armed forces of one’s country How may one reacquire citizenship: 1. by their act or omission they are deemed. Thel. if a Filipina married an alien. the provision on election of citizenship under the 1987 Constitution only applies to those persons who were born under the 1935 Constitution. IV. By direct act of Congress 2. Ronald Note: The Philippines follows (2) and (3) Election of citizenship under the 1987 Constitution: Prior to the 1973 Constitution. 2. Effects of naturalization: 1) The legitimate minor children of the naturalized father become Filipinos as well. How may one lose citizenship: 1. By repatriation . Evelyn. provided that she does not have any disqualification which would bar her from being naturalized. When must the election be made: The election must be made within a reasonable period after reaching the age of majority. So. 2) The wife also becomes a Filipino citizen. 5. Examples of renunciation of Philippine citizenship: 1) Voluntarily obtaining foreign passport 2) Pledging allegiance to another country (ex. if your mother was a Filipina who married an alien under the 1935 constitution and you were born before January 17. Marriage of Filipino with an alien: 1) General Rule: The Filipino RETAINS Philippine citizenship 2) Exception: If. 1973.28 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie. however. Carrie. you can elect Filipino citizenship upon reaching the age of majority. Sec. children born of Filipino mothers were already considered Filipinos. In order for the children to elect Filipino citizenship. 1(3) of 1987 Constitution. Under the 1973 Constitution.

Note Under the 2nd disqualification. 1. Evelyn. 3) Insane or feeble-minded persons. Gem. Thel. Ronald ARTICLE V – SUFFRAGE Qualifications: 1) 2) 3) 4) 5) CODE: CD18RR Citizen of the Philippines Not Disqualified by law At least 18 years old Resident of the Philippines for at least 1 year Resident of the place wherein he/she proposes to vote for at least 6 months immediately preceding the election. Original – Possessed by the people in their sovereign capacity 2. The legislative power shall be vested in the Congress of the Philippines. E. ARTICLE VI – THE LEGISLATIVE DEPARTMENT SEC. TEMPORARY RESIDENCE – This is in reference to the 6 month residency requirement in the place where one wants to vote. Ordinary – The power to pass ordinary laws Note: The original legislative power of the people is exercised via initiative and referendum.29 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie. people can directly propose and enact laws. .g. Substantive – limitations on the content of laws. property or other substantive requirement can be imposed on the exercise of suffrage. Disqualifications: 1) Any person sentenced by final judgment to imprisonment of not less than 1 year. Classification of legislative power: (O De CO) 1. residence can either mean domicile or temporary residence. In this case. Definition of Legislative Power: The authority to make laws and to alter or repeal them. which disability has not been removed by plenary pardon. under Article V has 2 senses: 1. In this manner. or approve or reject any act or law passed by Congress or a local government unit. Residency requirement Residency. 2. DOMICILE – This is in reference to the 1 year residency requirement in the Philippines. Delegated – Possessed by Congress and other legislative bodies by virtue of the Constitution 3. the right to vote is automatically re-acquired upon the expiration of 5 years after the service of sentence. Carrie. which shall consist of a Senate and a House of Representatives. Note: NO literacy. except to the extent reserved to the people by the provision on initiative and referendum. no law shall be passed establishing a state religion. Limits on the legislative power of Congress: 1. Constituent – The power to amend or revise the Constitution 4. 2) Any person adjudged by final judgment of having violated his allegiance to the Republic of the Philippines.

generally a bill must go through three readings on three separate days. Thel. Delegation of legislative power to local government units. Congress. 4. or 2. any attempt to limit the powers of future Congresses via an irrepealable law is not allowed. usually to administrative agencies. “Filling up the details” on an otherwise complete statute. Congress cannot pass irrepealable laws. Congress’ legislative power is plenary. commencing (unless otherwise provided by law) at noon. This involves either of two tasks for the administrative agencies: 1. Evelyn. by law. Natural-born citizen. Procedural – limitations on the manner of passing laws. Able to read and write. Qualifications 1. . 23(2)] What may Congress delegate: Congress can only delegate. and Philippine resident for at least 2 years immediately preceding the day of the election. add or subtract from these qualifications. cannot delegate its legislative power. A registered voter. 3. RULE-MAKING POWER or LAW EXECUTION. the latter cannot delegate it any further. Congress cannot. Sections 2-4. Carrie.30 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie. as may be provided by law. EXCEPTIONS: 1. 2. No Senator shall serve for more than 2 consecutive terms.g. Note: Provided that these two limitations are not exceeded. At least 35 years old on the day of election. 2. 5. Instances when the Constitution itself allows for such delegation [see Art. as a general rule. Term of Office: 6 years. E. Note: The qualifications of both Senators and Members of the House are limited to those provided by the Constitution. Term Limitations: 1. 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. VI Sec. 30 June next following their election. Ronald 2. 2. and limited only by the Constitution. Gem. Corollaries of legislative power: 1. 2. SENATE Composition 24 senators who shall be elected at large by the qualified voters of the Philippines. Ascertaining the facts necessary to bring a “contingent” law or provision into actual operation. Since Congress’ powers are plenary. Since the people have already delegated legislative power to Congress.

Carrie. Legislative districts are apportioned in accordance with the number of inhabitants of each area and on the basis of a uniform and progressive ratio. by law. Definition a. Natural born citizen of the Philippines. and A resident of such district for at least one year immediately preceding the day of the election. Tenure MAY. while the apportionment of districts is NOT a political question.000 inhabitants will be entitled to at least one representative. Qualifications 1. Each province will have at least one representative. According to Jack. Each district shall comprise. 2. and 2. They shall be elected from legislative districts apportioned among the provinces. a. Evelyn. Each member of the House shall be elected for a term of three (3) years which shall commence (unless otherwise provided for by law) at noon on 30 June next following their election. as it only affects the officers tenure and NOT his constitutional term. At least 25 years old on the day of the election. c. compact and adjacent territory. Term of Office 1. Ronald Sections 5-7. 5. contiguous. Gem. 3. Limitation/Possible Reduction a. as far as practicable. 2. Terms means the period during which the elected officer is legally authorized to assume his office and exercise the powers thereof.31 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie. be limited. Not more than 25 members. Each city with at least 250. Thel. b. 4. Legislative districts shall be re-apportioned by Congress within 3 years after the return of each census. . b. cities and the Metropolitan Manila area. unless otherwise fixed by law. a provision which considers an elective office automatically vacated when the holder thereof files a certificate of candidacy for another elective office (except President and Vice-President) is valid. 2. Party-list Representatives Election of 250 members 1. HOUSE OF REPRESENTATIVES Composition: 1. Tenure is the actual period during which such officer actually holds his position. Term CANNOT be reduced. Thus. d. b. e. The standards used to determine the apportionment of legislative districts is meant to prevent ‘gerrymandering’. Able to read and write. Registered voter in the district he seeks to represent. which is the formation of a legislative district out of separate territories so as to favor a particular candidate or party. 2. Distinctions between Term and Tenure 1. 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. the judiciary CANNOT compel Congress to do this. however. Term Limitations No member of the House of Representatives shall serve for more than three (3) consecutive terms.

32 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie. Under Art. At least 25 years of age on the day of the election c. Ronald Party-List Representatives 1. the sectoral representatives are to be appointed by the President until legislation otherwise provides. 3. Mechanics of the party-list system: a. c. c. Qualifications a. 9. Gem. Rule on increase in salaries: No increase in their salaries shall take effect until after the EXPIRATION OF THE FULL TERM (NOT TENURE) OF ALL THE MEMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES APPROVING SUCH INCREASE. Carrie. The number of seats that each organization gets out of the 20% allotted to the system depends on the number of votes they get.) Immunity from arrest: a. b. Note: Since the Constitution ‘provides for rules on “salaries” and not on ‘emoluments. but the Senator or Member of the House of Representatives thus elected shall serve only for the unexpired term. as well as other side ‘benefits. Thel. However. a SPECIAL ELECTION may be called to fill such vacancy in the manner prescribed by law. 4. Able to read and write SEC. During the elections. 92-95 and 95-98 terms). 11: CONGRESSIONAL IMMUNITIES 1. Constitute 20% of the total number of representatives. 25 seats shall be allotted to sectoral representatives. Legislators are privileged from arrest while Congress is “in session” with respect to offenses punishable by up to 6 years of imprisonment.’ SEC.) Legislative privilege: a. The immunity is only with respect to arrests and NOT to prosecution for criminal offenses. Evelyn. No member shall be questioned or held liable in any forum other than his/her respective Congressional body for any debate or speech in the Congress or in any Committee thereof. these organizations are voted for at large. Registered organizations submit a list of candidates in order of priority. for 3 consecutive terms from 2 February 1987 (i. In case of vacancy in the Senate or in the House of Representatives. whether Congress is in regular or special session. the 1987-92. 2. Sec. If Congress is in recess.’ our distinguished legislators can appropriate for themselves other sums of money such as travel allowances. the immunity from arrest applies. Salaries of Senators and Members of the House Determination of Salaries: Salaries of Senators and Members of the House of Representatives shall be determined by law. including those under the party-list system (thus a maximum of 50 party-list members of the House) 2. SEC. XVIII. . Natural born citizen of the Philippines b.e. 7. Thus. members thereof may be arrested. 10. b..

Legislators cannot be appointed to any office. When it is for his pecuniary benefit or where he may be called upon to act on account of his office. including any GOCC or its subsidiary. or special privilege granted by the Government. make a full disclosure of their financial and business interests. upon assumption of office. Sundays. Ronald b. and legal holidays. including GOCCS or their subsidiaries. excluding Saturdays. WHEN APPLICABLE During his term. part of the deliberative and communicative process used to participate in legislative proceedings in consideration of proposed legislation or with respect to other matters with Congress’ jurisdiction. If he does so. as well as bills introduced. SEC. votes cast. a member may be sanctioned by either the Senate or the House as the case may be. They shall notify the House concerned of a potential conflict of interest that may arise from the filing of a proposed legislation of which they are authors.) Continues in session for as long as it sees fit. (iii) SEC. 5.e. agency or instrumentality thereof. 2. Legislators cannot personally appear as counsel before any court of justice. The ‘speech or debate’ must be made in performance of their duties as members of Congress. 13-14: CONGRESSIONAL DISQUALIFICATIONS: Disqualifications: DISQUALIFICATION 1. Gem. Thel. All Members of the Senate and the House of Representatives shall. 3. and other activities done in performance of their official duties. Congress need NOT be in session when the utterance is made.) Congress convenes once every year on the 4th Monday of July (unless otherwise provided for by law) 2. or any subdivision. IF the office was created or the emoluments thereof increased during the term for which he was elected. agency or Instrumentality thereof.’ i. electoral tribunal. quasi-judicial and administrative bodies. 4. Limitation on the privilege: (i) (ii) Protection is only against forum other than Congress itself. Carrie. Senator/Member of the House cannot hold any other office or employment in the Government or any subdivision. Evelyn. During his term of office. as long as it forms part of ‘legislative action. until 30 days before the opening of the next regular session. he forfeits his seat. During his term of office. . This includes speeches delivered. Legislators cannot intervene in any matter before any office of the government. 15: REGULAR AND SPECIAL SESSIONS Regular Sessions: 1. SEC. Legislators cannot be financially interested directly or indirectly in any contract with or in any franchise. Thus for inflammatory remarks which are otherwise privileged.33 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie. statements made. 12.

2. the contents of the enrolled bill are conclusive upon the courts as regards the provision of that particular bill. 2. it also has the power to ignore them when circumstances so require. 3. since Congress has the power to make these rules. & 2. Evelyn. Quorum to do business: 1. members who are outside the country and thus outside of each House’s coercive jurisdiction are not included.) The Journal is conclusive upon the courts. In computing a quorum. 2. Ronald Special Sessions: Called by the President at any time when Congress is not in session.) Each House may choose such other officers as it may deem necessary. 3. and 3. 2. Carrie. . Shall not exceed 60 days. Internal Rules: 1. Each House shall determine its own procedural rules. Congressional Journals and Records: 1. without the consent of the other. 2. Adjournments: 1. Discipline: 1. Concurrence of 2/3 of ALL its members and b.34 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie.) Neither can they adjourn to any other place than that where the two houses are sitting. 2.) Expulsion a. Majority of each House shall constitute a quorum. Concurrence of 2/3 of ALL its members. 16.) Neither House can adjourn for more than 3 days during the time Congress is in session without the consent of the other House. Also. Gem. the courts cannot intervene in the implementation of these rules insofar as they affect the members of Congress. 3. The senior Justice in the Electoral Tribunal shall be its Chairman. A smaller number may adjourn from day to day and may compel the attendance of absent members.) An enrolled bill is the official copy of approved legislation and bears the certifications of the presiding officers of each House. Thus where the certifications are valid and are not withdrawn.) Speaker of the House.) Suspension a. SEC. as the case may be. Section 17: THE ELECTORAL TRIBUNAL The Senate and the House shall each have an Electoral Tribunal which shall be composed of: 1.) Senate President. under the principle of separation of powers. Since this is a power vested in Congress as part of its inherent powers.) BUT an enrolled bill prevails over the contents of the Journal. Thel. 6 Members of the Senate or House. 3 Supreme Court Justices to be designated by the Chief Justice. Election of Officers By a majority vote of all respective members. Officers: 1.

3. This includes determining the validity or invalidity of a proclamation declaring a particular candidate as the winner. 2. Ronald Note: The congressional members of the ET’s shall be chosen on the basis of proportional representation from the political parties and party-list organizations. the power of each House to expel its own members or even to defer their oath-taking until their qualifications are determined may still be exercised even without an election contest. 3. independent even of the House from which the members are respectively taken. Thel.) 12 Members of the House. Issues regarding the Electoral Tribunals: 1.) Each ET shall be the sole judge of all CONTESTS relating to the election.) An ‘election contest’ is one where a defeated candidate challenges the qualification and claims for himself the seat of a proclaimed winner. and 3.) 12 Senators. Neither may they be removed for not voting according to party lines. However. Voting/Action 1.) The chairman shall only vote in case of a tie.) The ETs being independent bodies.) The mere fact that the members of either the Senate or the House sitting on the ET are those which are sought to be disqualified due to the filing of an election contest against them does not warrant all of them from being disqualified from sitting in the ET.) Senate President as ex-officio chairman.) The Commission shall rule by a majority vote of all the Members. 3. since they are acting independently of Congress. 4. Evelyn.) Since the ET’s are independent constitutional bodies. 2. If all the legislator-members of the ET were to be disqualified. The Constitution is quite clear that the ET must act with both members from the SC and from the Senate or the House. its members may not be arbitrarily removed from their positions in the tribunal by the parties which they represent. Note: The 12 Senators and 12 Representatives are elected on the basis of proportional representation from the political parties and party-list organizations. Carrie.) The CA shall act on all appointments within 30 session days from their submission to Congress.35 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie. Gem. 2. Section 18: THE COMMISSION ON APPOINTMENTS Composition: 1. and qualifications of their respective members. Jurisdiction: 1.) In the absence of an election contest. . neither Congress nor the Courts may interfere with procedural matters relating to the functions of the ET’s. 2. the ET would not be able to fulfill its constitutional functions.) Judicial review of decisions of the ETs may be had with the SC only insofar as the decision or resolution was rendered without or in excess of jurisdiction or with grave abuse of discretion constituting denial of due process. such as the setting of deadlines or filing their election contests with the respective ETs. returns. the ET is without jurisdiction.

Gem. This violates the principle of separation of powers and is beyond the scope of congressional powers. Evelyn. with its staggered terms. but by its connection to the general scope of the inquiry.) Congress CANNOT by law prescribe that the appointment of a person to an office created by such law shall be subject to confirmation by the CA. and may have them incarcerated until such time that they agree to testify. other public ministers or consuls.e. Thus. The continuance of such incarceration only subsists for the lifetime. it is in aid of legislation. the investigation is no longer ‘in aid of legislation’ but ‘in aid of prosecution’. Other officers whose appointments are vested in him by the Constitution (e.) CA shall confirm the appointments by the President with respect to the following positions: a. or term. i. Thel.) Since the CA is also an independent constitutional body. The materiality of a question is determined not by its connection to any actually pending legislation. Once the body ceases to exist after its final adjournment.36 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie.) CA meets only while Congress is in session. But if one is incarcerated by the Senate. 3. 3. Enforcement: 1. is a continuing body. the primary requirement is that the inquiry is within the scope of Congress’ powers. Meetings of the CA 1. Ronald Jurisdiction 1. 4. In fact. Officers of the AFP from the rank of Colonel or Naval Captain: and d. If the stated purpose of the investigation is to determine the existence of violations of the law. Sections 21-22: LEGISLATIVE INQUIRIES Scope: 1. the power to incarcerate ceases to exist as well. Congress has the inherent power to punish recalcitrant witnesses for contempt.) Appointments extended by the President to the above-mentioned positions while Congress is not in session shall only be effective until disapproval by the CA or until the next adjournment of Congress. Carrie. in order for a witness to be subject to this incarceration. 2. c. Ambassadors. its rules of procedure are also outside the scope of congressional powers as well as that of the judiciary. BUT. 3. Either House or any of their committees may conduct inquires ‘in aid of legislation’. 2. 2. .) Meetings are held either at the call of the Chairman or a majority of all its members. each ‘Congress’ of the House lasts for only 3 years. it is indefinite because the Senate. 3. Note: The ET and the CA shall be constituted within 30 days after the Senate and the House of Representative shall have been organized with the election of the President and the Speaker. 2. of such body.g. “In aid of legislation” does not mean that there is pending legislation regarding the subject of the inquiry. Heads of the Executive Departments (except if it is the Vice-President who is appointed to the post). Since experience has shown that mere requests for information does not usually work. investigation may be needed for purposes of proposing future legislation. COMELEC members). b.

The right against self-incrimination. Expiration of emergency powers a. Limitations: a. 2/3 of both Houses. and b. The inquiry must be conducted in accordance with the ‘duly published rules of procedure’ of the House conducting the inquiry. 4. authorize the President to exercise powers necessary and proper to carry out a declared national policy. 2. Required by the security of state or required by public interest. Since members of the executive department are co-equals with those of the legislative department. 5. Upon the request of either House (which cannot compel them to attend) 3. under the principle of separations of powers. with the consent of the President (and that of the House concerned). . 30-31 LEGISLATION Bills that must originate from the House of Representatives (Section 24) CODE: A R T Pu Lo P 1. 6. Congress may. department heads cannot be compelled to appear before Congress. The appearance will be conducted in EXECUTIVE SESSION when: a. Department heads may appear before Congress in the following instances: a. Powers will be subject to restrictions prescribed by Congress 3. Ex. Upon the next adjournment of Congress Sections 24-27. BY LAW. During times of war or other national emergency. Voting separately Emergency powers: 1.37 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie. It cannot be exercised by local government units unless they are expressly authorized to do so. Powers will be exercised for a limited period only. Neither may the department heads impose their appearance upon Congress. 3. Evelyn. Thel. Appearance by department heads before Congress: 1. Gem. Upon their own initiative. When the President so states in writing Sections 23-24. Appropriation bills Revenue bills Tariff bills Bills authorizing the increase of public debt Bills of local application Private bills 2. or b. The rights of persons appearing in or affected by such inquiries shall be respected. The power to punish for contempt is inherent in Congress and this power is sui generis. in joint session 2. Carrie. Limitations: 1. DECLARATION OF WAR/EMERGENCY POWERS Vote requirement: (to declare the existence of a state of war) 1. and b. Ronald 5. By resolution of Congress or b. 2. and 2.

and appropriating funds therefor is NOT an appropriation bill. b. Should be supported by appropriate vouchers. . ii. Thus. Appropriation bills 1.Chief of Justice of the Supreme Court . in the end. 3. propose or concur with amendments. Each provision or enactment in the General Appropriations Bill must relate specifically to some particular appropriation therein and any such provision or enactment must be limited in its operation to the appropriation to which it relates. Limitations: 1. is deemed to have originated from the House provided that the bill of the House was filed prior to the filing of the bill in the Senate even if. Revenue Bill 1. Carrie. Evelyn. For appropriation bills: a. such as one asking for the conversion of a municipality into a city. d. Transfer of appropriations: i. Congress cannot increase the appropriations recommended by the President for the operation of the Government as specified in the budget. but a provision in. e.President . The primary and specific aim of an appropriation bill is to appropriate a sum of money from the public treasury.Speaker of the House of Representatives . Discretionary funds appropriated for particular officials shall be: i. A special appropriations bill must specify the purpose for which it is intended and must be supported by funds actually available as certified by the National Treasurer or to be raised by a corresponding revenue proposal therein. Disbursed only for public purposes. 2. A revenue bill is one specifically designed to raise money or revenue through imposition or levy. and iii. BUT: A bill creating a new office. c. Ronald Note: The Senate may. however. Bills of local application A bill of local application. Thel. Rule: No law shall be passed authorizing any transfer of appropriations BUT the following may.38 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie. BY LAW. The procedure in approving appropriations for Congress shall strictly follow the procedure for approving appropriations for other departments and agencies. a bill enacting the budget is an appropriations bill.Heads of the Constitutional Commissions f. be authorized to AUGMENT any item in the general appropriations law for their respective offices from savings in other items of their respective appropriations . Subject to guidelines as may be prescribed by law. for instance. the Videogram Regulatory Board law imposing a tax on video rentals does not make the law a revenue bill. Gem. the Senate approved its own version. ii. 2. a bill introducing a new tax is a revenue bill. Thus.President of the Senate .

a repealing clause in the bill is considered germane to the subject matter of the bill. 4. the 3 readings can be held on the same day. For bills in general a. As a mandatory requirement The title does not have to be a complete catalogue of everything stated in the bill. 2. he shall veto the same and return it with his objections to the House from which it originated. 2. For law granting tax exemption It should be passed with the concurrence of a MAJORITY of ALL the members of Congress. It is sufficient if the title expresses the general subject of the bill and all the provisions of the statute are germane to that general subject. 2. The GAB for the previous year is deemed reenacted ii. must be presented to and signed by the President. Thel. Vote shall be taken immediately thereafter and the yeas and nays entered in the journal. . Exception: If a bill is certified as urgent by the President as to the necessity of its immediate enactment to meet a public calamity or emergency. 5. Third reading – only the title is read. This rule eliminates the ‘pocket veto’ whereby the President would simply refuse to act on the bill. Thus. 3. Gem. the bill shall become a law as if he signed it. each bill must pass three (3) readings in both Houses. The President must communicate his decision to veto within 30 days from the date of receipt thereof. the veto is overriden and becomes a law without need of presidential approval. ii. b. General rule: Each reading shall be held on separate days & printed copies thereof in its final form shall be distributed to its Members three (3) days before its passage. at least 2/3 of ALL the members of each House must agree to pass the bill. To OVERRIDE the veto. The House shall enter the objections in the Journal and proceed to reconsider it. Carrie. Veto power of President: 1. Readings 1. Ronald g. Evelyn. and amendments introduced. If he fails to do so. Every bill shall embrace only one (1) subject. In such case. Every bill. It will remain in full force and effect until the GAB is passed by Congress. the bill is passed to the proper committee Second reading – Entire text is read and debates are held. in order to become a law. 4. 3. In order to become a law. First reading – only the title is read. A bill which repeals legislation regarding the subject matter need not state in the title that it is repealing the latter. iii. as expressed in the title thereof i. If the President does not approve of the bill. no amendments are allowed. 3. If Congress fails to pass General Appropriations Bill (GAB) by the end of any fiscal year: i.39 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie.

Carrie. and All lands. c. No law shall be enacted increasing the Supreme Court’s appellate jurisdiction without the SC’s advice and concurrence. Item veto a. Ronald 6. 2. or educational purposes. Constitutional tax exemptions: 1) The following properties are exempt from REAL PROPERTY taxes (CODE: Cha Chu M. Revenue/tax bill 2. This veto will not affect items to which he does not object. authorize the President to fix the following: a) Tariff rates b) Import and Export Quotas c) Tonnage and wharfage dues d) Other duties and imposts Within the framework of the national development program of the Government 2) The exercise of such power by the President shall be within the specified limits fixed by Congress and subject to such limitations and restrictions as it may impose. A rider is a provision which does not relate to a particular appropriation stated in the bill. BY LAW. Evelyn. Since it is an invalid provision under Section 25(2). No law shall be enacted granting titles of royalty or nobility. the President may veto it as an item. The President may veto particular items in an appropriation. b. Section 28.CA) a) b) c) d) e) Charitable institutions Churches. Thel. Veto of RIDER 1. 2. POWER TO TAX Limitations: 1) 2) 3) 4) The rule of taxation should be UNIFORM It should be EQUITABLE Congress should evolve a PROGRESSIVE system of taxation. charitable. Gem.40 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie. ITEM Subject of the tax and the tax rate imposed thereon Indivisible sum dedicated to a stated purpose . revenue or tariff bill. Appropriations bill d. and parsonages or convents appurtenant thereto Mosques Non-profit cemeteries. directly and exclusively used for religious. Specific limitations on legislation 1. Delegation of power to fix rates 1) Congress may. The power to tax must be exercised for a public purpose because the power exists for the general welfare 5) The due process and equal protection clauses of the Constitution should be observed. Definition of item TYPE OF BILL 1. buildings and improvements actually.

church. endowments. as long as the property is available for all religions 3) Special Funds a) Money collected on a tax levied for a special purpose shall be treated as a special fund and paid out for such purpose only. preacher.41 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie. even if it incidentally benefits a religion.any penal institution.g. a) This places the control of public funds in the hands of Congress. for debt servicing. Gem. or sectarian institution or system of religion or (ii) Any priest. Carrie. minister. 2) Limitations. INITIATIVE AND REFERENDUM 1) Through the system of initiative and referendum. Sec 4 (4)) Section 29. This is because the rule does not require yearly. (Art. in favor of (i) Any sect. or annual appropriation.the Armed Forces. e. b) Once the special purpose is fulfilled or abandoned. appropriations for a national police force is valid even if the police also protects the safety of clergymen. b) BUT: This rule does not prohibit continuing appropriations. EXCEPT if the priest. or . Evelyn.government orphanage. Thel. Power of the Purse 1) No money shall be paid out of the National Treasury EXCEPT in pursuance of an appropriation made by law. e. Ronald 2) All revenues and assets of NON-STOCK NON-PROFIT EDUCATIONAL institutions are exempt from taxes and duties PROVIDED that such revenues and assets are actually.leprosarium c) BUT the government is not prohibited from appropriating money for a valid secular purpose. XIV. donations or contributions used actually. directly and exclusively for educational purposes shall be exempt from tax. d) ALSO. a) Appropriations must be for a PUBLIC PURPOSE b) Cannot appropriate public funds or property. the temporary use of public property for religious purposes is valid. (Art. the people can directly propose and enact laws or approve or reject any act or law or part thereof passed by the Congress or local legislative body. directly and exclusively used for educational purposes. or other religious teacher or dignitary as such. directly or indirectly. XIV Sec 4 (3)) 3) Grants. or . any balance shall be transferred to the general funds of the Government Section 32. etc is assigned to: . denomination. This is subject to conditions prescribed by law. 2) Required Petition a) Should be signed by at least 10% of the total number of registered voters b) Every legislative district should be represented by at least 3% of the registered voters c) Petition should be registered .g. or .

referred to the RESIDUAL powers of the President as the Chief Executive of the country. directed to the Senate President. Note: The Vice-President has the same qualifications & term of office as the President. The SC. EXECUTIVE POWER Scope: 1) Executive power is vested in the President of the Philippines. Section 2. returns. as when he himself files suit. At least 40 years old on the day of election Philippine resident for at least 10 years immediately preceding such election. VII of the Constitution. assembled in joint public session. Section 4. In case this results in a deadlock. 2) The scope of this power is set forth in Art. MANNER OF ELECTION/ TERM OF OFFICE Manner of Election 1) The President and Vice-President shall be elected by direct vote of the people. 5) The person receiving the highest number of votes shall be proclaimed elected. the Senate President shall be the acting President until the deadlock is broken. shall canvass the votes. 4) BUT The President CANNOT dispose of state property unless authorized by law. Carrie. the certificates shall be opened in the presence of both houses of Congress. But this power is not limited to those set forth therein. 7) The Supreme Court en banc shall act as the sole judge over all contests relating to the election. He may be removed from office in the same manner as the President. in Marcos v. Evelyn. Ronald ARTICLE VII. one shall be chosen by a majority of ALL the members of both Houses. 4) The Congress. and qualifications of the President or Vice-President and may promulgate its rules for the purpose. 2) Election returns for President and Vice-President. 3) Not later than 30 days after the day of the election. THE EXECUTIVE DEPARTMENT Section 1.42 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie. as duly certified by the proper Board of Canvassers shall be forwarded to Congress. voting separately. Manglapus. Gem. EXAMPLE: The President is immune from suit and criminal prosecution while he is in office. after determining the authenticity and due execution of the certificates. 3) Privilege of immunity from suit is personal to the President and may be invoked by him alone. . Thel. QUALIFICATIONS 1) 2) 3) 4) 5) Natural-born citizen of the Philippines Registered voter. It may also be waived by the President. He is elected with & in the same manner as the President. which powers include others not set forth in the Constitution. 6) In case of a tie between 2 or more candidates. Able to read and write.

In case of his inability. Carrie. Section 6. the Speaker of the House shall act as President until the President or VP shall have been elected and qualified. Congress shall determine. starting and ending the same time as the President. VP becomes President. In case of death or disability of (1) and (2). or both become permanently disabled. become permanently disabled. Evelyn. SUCCESSOR Vice-President becomes President for the unexpired term. by law. Vacancies at the beginning of the term VACANCY President-elect fails to qualify or to be chosen President-elect dies or is permanently disabled. Vacancies after the office is initially filled: VACANCY President dies. b) Term limitation: Single term only. not eligible for any reelection. or resign. Senate President or 2. SUCCESSOR VP-elect will be Acting President until someone is qualified/chosen as President. is impeached. Gem. 4) Prohibited from receiving any other emolument from the government or any other source during their TENURE Sections 7-12. who will be the acting President. is permanently disabled.43 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie. Ronald Term of Office 1) President a) 6 years beginning at noon on 30 June immediately following the election and ending at noon on the same day 6 years later. c) Voluntary renunciation of the office for any length of time is NOT an interruption in the continuity of service for the full term for which the Vice-President was elected. . Senate President or 2. the Speaker of the House shall act as President until a President or a VP shall have been chosen and qualified. 1. Both President and VP-elect are not chosen or do not qualify or both die. 3) Increases take effect only after the expiration of the TERM of the incumbent during which the increase was approved. Both President and Vice-President die. Thel. 2) Vice-President: a) 6 years. b) Term limitation: 2 successive terms. In case of his inability. and served as such for more than 4 years shall NOT be qualified for election to the same office at any time. or resigns. c) Any person who has succeeded as President. are impeached. PRESIDENTIAL SUCCESSION 1. 1. SALARIES AND EMOLUMENTS 1) Official salaries are determined by law. 2) Salaries cannot be decreased during the TENURE of the President and the VicePresident. 2.

Congress shall decide the issue. the National Security Adviser. a 2/3 majority of both Houses. and the Chief of Staff of the AFP are entitled to access to the President . voting separately. (Nominee forfeits seat in Congress) 4) Election of President and Vice-President after vacancy during tem a) Congress shall convene 3 days after the vacancy in the office of both the President and the VP. when he sends a written declaration to the Senate President and the Speaker of the House. in which case. without need of a call. Evelyn. b) Even during such illness. Thel. without need of a call. Gem. the public must be informed thereof. or 12 days if Congress is not in session. is needed to find the President temporarily disabled. b) Nominee shall assume office upon confirmation by majority vote of ALL members of both Houses. In this case. the Secretary of Foreign Affairs. b) c) d) e) BUT: No special election shall be called if the vacancy occurs within 18 months before the date of the next presidential election. (iv) 6) Presidential Illness: a) If the President is seriously ill. the majority of the Cabinet retransmits their written declaration.44 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie. he reassumes his position If within 5 days after the President re-assumes his position. The 3 readings for the special law need not be held on separate days. The special election shall be held not earlier than 45 days not later than 60 days from the time of the enactment of the law. Carrie. Within 7 days after convening. The special election cannot be postponed. Ronald 3) Vacancy in office of Vice-President during the term for which he was elected: a) President will nominate new VP from any member of either House of Congress. (i) (ii) (iii) The VP will immediately be Acting President. Congress shall reconvene within 48 hours if it is not in session. voting separately. the Vice-President will be Acting President until the President transmits a written declaration to the contrary. The convening of Congress cannot be suspended. Within 10 days after Congress is required to assemble. the VP will be Acting President. In this event. BUT: If the President transmits a written declaration that he is not disabled. b) When a majority of the Cabinet members transmit to the Senate President and the Speaker their written declaration. The law shall be deemed enacted upon its approval on third reading. Congress shall enact a law calling for a special election to elect a President and a VP. 5) Temporary disability of the President: The temporary inability of the President to discharge his duties may be raised in either of two ways: a) By the President himself.

Chairman or heads of bureaus or offices including GOCC’s and their subsidiaries. Ronald Section 13. Participating in any business. was already in any of the above offices at the time before his/her spouse became President. directly or indirectly. DISQUALIFICATIONS SUBJECT SOURCE OF DISQUALIFICATION President. Spouses.. b. Congress cannot usurp this function. Office of the Ombudsman. Thel. N. Department under-secretaries. etc. POWER TO APPOINT Principles: 1) 2) Since the power to appoint is executive in nature. the positions are ex-officio and they do not receive any salary or other emoluments therefor (e. or in any franchise. Department Secretaries. of Finance is head of Monetary Board). The rule on disqualifications for the President and his Cabinet are stricter than the normal rules applicable to appointive and elective officers under Art. 3. Members of the Constitutional Commissions.B. the determination of who among those who are qualified will be appointed is the President’s prerogative. Holding any office or employment during their Assistants of Cabinet Members tenure.g. of Justice sits on Judicial and Bar Council). or b. agency or instrumentality thereof. N. What is prohibited is appointment and reappointment. Practicing. or special privilege granted by the government or any subdivision. Evelyn. Prohibited from: Cabinet Members. While Congress (and the Constitution in certain cases) may prescribe the qualifications for particular offices.. any other profession during their tenure.g.45 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie. UNLESS: a. otherwise provided in the Constitution (e. Sec. 4. a. can be appointed to the judiciary and as ambassadors and consuls. Deputies or 1. including GOCC's or their subsidiaries. Vice-President. he/she may continue in office. th Spouses and 4 degree Cannot be appointed during President’s tenure as: relatives of the President (consanguinity or affinity) 1.B. 2. VP can be appointed a Cabinet Member. etc. IX-B. 3. Sec. Gem. 5. Sections 14-16. Carrie. If the spouse. 4. . 2. 7. Sec. NOT continuation in office. Being financially interested in any contract with.

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POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie, Carrie, Evelyn, Thel, Gem, Ronald
Scope: The President shall appoint the following: 1) 2) 3) 4) Heads of executive departments (CA confirmation needed): Ambassadors, other public ministers, and consuls (CA confirmation needed). Officers of AFP from rank of colonel or naval captain (CA confirmation needed). Other officers whose appointment is vested in him by the Constitution (CA confirmation needed), such as: a) Chairmen and members of the COMELEC, COA and CSC. b) Regular members of the Judicial and Bar Council. c) The Ombudsman and his deputies; d) Sectoral representatives in Congress. • N.B. President also appoints members of the Supreme Court and judges of the lower courts, but these appointments do not need CA confirmation.

5) All other officers whose appointments are not otherwise provided for by law; and those whom he may be authorized by law to appoint. a) This includes the Chairman and members of the Commission on Human Rights, whose appointments are provided for by law NOT by the Constitution. b) Congress may, by law, vest the appointment of other officers lower in rank in the President alone or in the courts, or in the heads of departments, agencies, boards or commissions. c) BUT: Congress cannot, by law, require CA confirmation of the appointment of other officers for offices created subsequent to the 1987 Constitution (e.g. NLRC Commissioners, Bangko Sentral Governor). ALSO: Voluntary submission by the President to the CA for confirmation of an appointment which is not required to be confirmed does not vest the CA with jurisdiction. The President cannot extend the scope of the CA’s power as provided for in the Constitution.

d)

Procedure: 1) CA confirmation needed: a) b) c) d) Nomination by President Confirmation by CA Appointment by President; and Acceptance by appointee.

Note: At any time before all four steps have been complied with, the President can withdraw the nomination/appointment. 2) No CA confirmation: a) Appointment; and b) Acceptance. Note: Once appointee accepts, President can no longer withdraw the appointment.

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POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie, Carrie, Evelyn, Thel, Gem, Ronald
Ad-interim appointments: 1) When Congress is in recess, the President may still appoint officers to positions subject to CA confirmation. 2) These appointments are effective immediately, but are only effective until they are disapproved by the CA or until the next adjournment of Congress. 3) Appointments to fill an office in an ‘acting’ capacity are NOT ad-interim in nature and need no CA approval. Appointments by an Acting President: These shall remain effective UNLESS revoked by the elected President within 90 days from his assumption or re-assumption of office. Limitation 1) 2 months immediately before the next Presidential elections, and up to the end of his term, the President or Acting President SHALL NOT make appointments. This is to prevent the practice of ‘midnight appointments.” 2) EXCEPTION: a) Can make TEMPORARY APPOINTMENTS b) To fill EXECUTIVE POSITIONS; c) If continued vacancies therein will prejudice public service or endanger public safety. Section 17. Power of Control and Supervision Power of Control: The power of an officer to alter, modify, or set aside what a subordinate officer has done in the performance of his duties, and to substitute the judgment of the officer for that of his subordinate. Thus, the President exercises control over all the executive departments, bureaus, and offices. The President’s power over government-owned corporations comes not from the Constitution but from statute. Hence, it may be taken away by statute. Qualified Political Agency: 1) Since all executive and administrative organizations are adjuncts of the Executive Department, the heads of such departments, etc. are assistants and agents of the President. 2) Thus, generally the acts of these department heads, etc, which are performed and promulgated in the regular course of business, are presumptively the acts of the President. 3) Exception: If the acts are disapproved or reprobated by the President. 4) Under Administrative Law, decisions of Department Secretaries need not be appealed to the President in order to comply with the requirement of exhaustion of administrative remedies. 5) Qualified political agency does NOT apply if the President is required to act in person by law or by the Constitution. Example: The power to grant pardons must be exercised personally by the President.

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POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie, Carrie, Evelyn, Thel, Gem, Ronald
Disciplinary Powers: 1) The power of the President to discipline officers flows from the power to appoint the, and NOT from the power control. 2) BUT While the President may remove from office those who are not entitled to security of tenure, or those officers with no set terms, such as Department Heads, the officers, and employees entitled to security of tenure cannot be summarily removed from office. Power of Supervision: 1) This is the power of a superior officer to ensure that the laws are faithfully executed by subordinates. 2) The power of the president over local government units is only of general supervision. Thus, he can only interfere with the actions of their executive heads if these are contrary to law. 3) The execution of laws is an OBLIGATION of the President. He cannot suspend the operation of laws. 4) The power of supervision does not include the power of control; but the power of control necessarily includes the power of supervision. Section 18. COMMANDER-IN-CHIEF POWERS Scope: 1) The President is the Commander-in-Chief of the Armed Forces. 2) Whenever necessary, the President may call out the AFP to PREVENT or SUPPRESS: a) Lawless violence; b) Invasion; or c) Rebellion. 3) The President may also: a) Suspend the privilege of the writ of habeas corpus; and b) Proclaim a state of martial law. Suspension of the privilege of the writ of habeas corpus and declaring martial law; 1. Grounds a. Invasion or b. Rebellion; and c. Public safety requires it. 2. The invasion or rebellion must be ACTUAL and not merely imminent. 3. Limitations: a. Suspension or proclamation is effective for only 60 days. b. Within 48 hours from the declaration or suspension, the President must submit a report to Congress.

at the President’s initiative. Commutations d. ii. Congress. d. iii. e. Thus. iii. Authorize conferment of jurisdiction on military courts over civilians where civil courts are able to function and iv. Evelyn. f. . 3. Invasion or rebellion persist and ii. Suspension of privilege of the writ: i. Reprieves c. Applies ONLY to persons judicially charged for rebellion or offenses inherent in or directly connected with invasion. and the President cannot set aside the revocation. may revoke the same. Martial Law does NOT: i. Carrie. g. The appropriate proceeding can be filed by any citizen.) Where a conditional pardon is granted. ii. Automatically suspend the privilege of the writ. Pardons (conditional or plenary) b. Gem. Public safety requires it. Remittance of fines and forfeitures 2. Supplant the functioning of the civil courts or legislative assemblies.) The President may grant the following: [ Pa R C Re] a. The SC can review the FACTUAL BASIS of the proclamation or suspension. by majority vote and voting jointly. 4. Thel.) These may only be granted AFTER conviction by final judgment. troop deployments in times of war is subject to the President’s judgment and discretion. Supreme Court review: i. Anyone arrested or detained during suspension must be charged within 3 days. Note: While the suspension of the privilege of writ and the proclamation of martial law is subject to judicial review. Section 19: EXECUTIVE CLEMENCY Scope: 1. ii. In the same manner. the actual use by the President of the armed forces is not. NOTE: Congress CANNOT extend the period motu propio.49 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie. Congress can extend the same for a period determined by Congress if: i. Decision is promulgated within 30 days from filing.) ALSO: The power to grant clemency includes cases involving administrative penalties. the determination of whether it has been violated rests with the President. Suspend the operation of the Constitution. Otherwise he should be released. Ronald c.

If his application is denied.) As to scope: Cannot be granted: a. Power to Contract or Guarantee Foreign Loans Limitations: (1) The President may contract or guarantee foreign loans on behalf of the Republic of the Philippines with the prior concurrence of the Monetary Board. although eligibility for the same may be restored. Subject to judicial notice Extinguishes the offense itself PARDON Addressed to ORDINARY offenses Granted to INDIVIDUALS Must be accepted No need for Congressional concurrence Private act of President. 2. Only penalties are extinguished. Only granted after conviction by final judgement May be granted before or after conviction Section 20. he can be convicted based on this admission of guilt. which puts into oblivion the offense itself. May or may not restore political rights. Section 21. b. Conditional does not. Pardon AMNESTY Addressed to POLITICAL offenses Granted to a CLASS of persons Need not be accepted Requires concurrence of majority of all members of Congress A public act. and regulation without the favorable recommendation of the COMELEC d. rules.) When a person applies for amnesty. 4.50 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie. usually extended to groups of persons who commit political offenses.) Amnesty V. 3. Amnesty needs concurrence by a majority of all the members of Congress.) An act of grace concurred in by Congress. . Civil indemnity is not extinguished. Amnesty: 1. Carrie. Thel. Absolute pardon restores.) Before conviction b. Evelyn. he must admit his guilt of the offense which is subject to such amnesty.) President alone CANNOT grant amnesty. Gem.) As to effect: a.) In cases of impeachment c. It must be proved.) Does not absolve civil liabilities for an offense. Ronald Limitations: 1.) Does not restore public offices already forfeited.) For violations of election laws. and (2) Subject to such limitations as may be provided by law. Foreign Relations Powers include: (1) Power to negotiate treaties and other international agreements (a) BUT: Such treaty of international agreement must be concurred in by at least 2/3 of all Senators in order to be valid and effective in our country.) In cases of civil or legislative contempt 2.

Carrie. Gem. no treaty (d) If treaty is re-negotiated and the Senate’s suggestions are incorporated. (4) Power to contract and guarantee foreign loans on behalf of the Republic (5) Power to deport aliens (a) This power is vested in the President by virtue of his office. and consuls. (ii) Disapprove outright. the President may still exercise this power. Since the courts are given ‘judicial power’ and nothing more. Vested in the Supreme Court and such lower courts as may be established by law. (e) Conflict between treaty and municipal law. with the former requiring Senate approval and the latter not needing the same. (ii) International tribunal Treaty will always prevail. (c) If treaty is not re-negotiated. They may not be charged with administrative functions except when reasonably incidental to the fulfillment of their duties. (b) In the absence of any legislative restriction to authority. Thel.51 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie. undertake an obligation which indirectly circumvents a legal prohibition. other public ministers. Evelyn. Note: The President cannot. ARTICLE VIII. with suggested amendments. A State cannot plead its municipal law to justify noncompliance with an international obligation. under international law. the treaty will go into effect without need of further Senate approval. there is no such distinction. subject only to restrictions as may be provided by legislation as regards the grounds for deportation. Note: While our municipal law makes a distinction between international agreements and executive agreements. JUDICIAL POWER Scope: 1. Ronald (b) Options of Senate when a treaty is submitted for its approval: (i) Approve with 2/3 majority. (i) Philippine court: The later enactment will prevail. 1. be it treaty or law. THE JUDICIAL DEPARTMENT SEC. which entitles the alien to a full and fair hearing. or (iii) Approve conditionally. (2) Power to appoint ambassadors. (3) Power to receive ambassadors and other public ministers accredited to the Philippines. as it is the latest expression of the State’s will. (c) The power to deport aliens is limited by the requirements of due process. 2. by executive agreement. . Judicial power is the authority to settle justiciable controversies or disputes involving rights that are enforceable and demandable before the courts of justice or the redress of wrongs for violations of such rights. 3. courts may neither attempt to assume or be compelled to perform non-judicial functions. BUT: The alien is not entitled to bail as a matter of right.

ROLES OF CONGRESS 1. 4. Carrie. they cannot review government policy and the wisdom thereof. 2. If the abolition/re-organization is done in good faith and not for political or personal reasons. Thus. Determining the court with jurisdiction to hear and decide controversies or disputes arising from legal rights. Judicial power cannot be exercised in vacuum. The power to create courts implies the power to abolish and even reorganize courts. 3. appropriations shall be automatically and regularly released. there must exist the following: a. Judicial power includes: a. while courts can determine questions of legality with respect to governmental action. and 2. FISCAL AUTONOMY 1. 2. Ronald 4. 3. In order that courts may exercise this power. 2.52 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie. there can be no recourse to the courts. for these questions have been vested by the Constitution in the Executive and Legislative Departments. A ‘political question’ is one the resolution of which has been vested by the Constitution exclusively in either the people. Once approved. or in which full discretionary authority has been delegated to a co-equal branch of the Government. (same rule applies for civil servants) SEC. Thel. Gem. 7. 5. The exercise of such power will bind the parties by virtue of the court’s application of existing laws. Thus. SEC. 3. BUT this power cannot be exercised in a manner which would undermine the security of tenure of the judiciary. in the exercise of their sovereign capacity. An actual controversy with legally demandable and enforceable rights. . BUT. The duty of the courts to settle actual controversies involving rights which are legally demandable and enforceable. b. c. c. then it is VALID. Annual appropriations for the judiciary cannot be reduced below the amount appropriated for the previous year. 6. prescribe and apportion the jurisdiction of various courts. Creation and abolition of courts: a. 5. Political Questions: 1. b. Evelyn. The courts cannot be asked for advisory opinions. To determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the government. Congress has the power to define. and b. Involving real parties in interest. Defining enforceable and demandable rights and prescribing remedies for violations of such rights. Without any laws from which rights arise and which are violated. Congress cannot deprive the Supreme Court of its jurisdiction over cases provided for in the Constitution. The entire judiciary shall enjoy fiscal autonomy.

4. probity and independence. The Judicial and Bar Council is under the supervision of the SC. Ronald SECS. A retired member of the SC. integrity. Exercise such other functions as the SC may assign to it. No CA confirmation is needed for appointments to the Judiciary. 12 JUDICIARY Composition of the Supreme Court: 1. 4. as ex-officio chairman 2. 2. Representative of Congress. probity and independence. 3. 4-7. 3. Natural born citizen of the Philippines Member of the Philippine bar Possesses other qualifications prescribed by Congress Person of proven competence. Principal function: recommend appointees to the Judiciary 2. as prepared by the JBC. Thel. Carrie. Chief Justice. as an ex-officio member 4. Sandiganbayan) 1. Evelyn. Qualifications of members of lower collegiate courts (CA. Functions of JBC 1. 4. probity and independence. Private sector representative Note: The last four re the regular members of the JBC. .53 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie. with staggered terms. Citizen of the Philippines (may be a naturalized citizen) Member of the Philippine Bar Possesses other qualifications prescribed by Congress Person of proven competence. Regular members are appointed by the President with CA approval. B. 4. Vacancies in SC should be filled within 90 days from the occurrence of the vacancy. 2. President shall appoint from a list of at least 3 nominees for each vacancy. integrity. Regular members serve for 4 years. and 7. Natural born citizen of the Philippines At least 40 years old At least 15 years of experience as a judge or in the practice of law in the Philippines Person of proven competence. 3. A professor of law 6. Gem. 2. 2. Representative of the Integrated Bar 5. integrity. Section 8. Appointments to the Judiciary 1. Chief Justice and 2. Qualifications of judges of lower non-collegiate courts: 1. Secretary of Justice. Vacancies in lower courts should be filled within 90 days from submission to the President of the JBC list. C. as an ex-officio member 3. 3. A. JUDICIAL AND BAR COUNCIL 1. Qualifications of members of the SC: 1. Is under the supervision of the Supreme Court and is composed of: 1. 14 Associate Justices Note: Members of the Supreme Court and of other courts established by law shall not be designated to any agency performing quasi-judicial or administrative functions. CTA.

or Divisions of 3. Cases required to be heard en banc: 1. 2. Thel. 5. and f. Presidential decrees b. 10. All cases involving constitutionality of a/an: a. application or operation of a. Orders d. THE SUPREME COURT Hearing of cases: 1. Members of the Judiciary are NOT exempt from payment of income tax. Gem. All cases required to be heard en banc under the Rules of Court: a. b. Cases heard by a division where required majority of 3 was not obtained. Salaries of SC Justices and judges of lower courts shall be fixed by law. b. Cannot be disbarred while they hold office. TENURE/DISCIPLINARY POWERS OF SC 1. Only the SC en banc has jurisdiction to discipline or dismiss judges of lower courts. Administrative cases to discipline or dismiss judges of lower courts. Other regulations. Instructions e. 4-6. 6. or 7. Ronald SEC. Disciplinary action/dismissal: Majority vote of SC Justices who took part in the deliberations and voted therein. 2. 5. Cases where SC modifies or reverses a doctrine or principle of law laid down by the SC en banc or by a division. 3. The age of 70 years old. Election contests for President and Vice-President. or b. All cases involving the constitutionality. 3. International or executive agreement or c. SALARIES 1. Members of the SC and judges of the lower courts hold office during good behavior until a. Only by IMPEACHMENT. Ordinances. 2. They become incapacitated to discharge their duties. Removal of SC Justices: a. and 7. Cannot be decreased during their continuance in office. 2. Proclamations c. 11. Disciplinary action against judges of lower courts: a. Law. SEC. and b. From the Constitutional Commissions 3. Carrie. 13. . 4. En banc. Treaty b.54 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie. Appeals from Sandiganbayan. but can be increased. Evelyn. SECS.

mandamus. Petitions for certiorari. law iv. Gem. The Integrated Bar. All cases where ONLY errors or questions of law are involved. 5. Thel. It should be uniform for all courts of the same grade. treaty ii. Must be decided with the concurrence of a majority of the members who took part in the deliberations and voted thereon. Evelyn. any penalty imposed in relation thereto. impost iii. instruction viii. ordinance. b. b. SC has ORIGINAL jurisdiction over a. 4. Order a change of venue or place of trial to avoid a miscarriage of justice. Powers of the SC 1. proclamation vi. or modify substantive rights. SC has APPELLATE jurisdiction over final judgments and orders in the following: a. All cases involving the legality of any i. 3. increase. Temporarily assign lower court judges to other stations in the public interest. Note: Temporary assignment shall not exceed 6 months without the consent of the judge concerned. 2. Criminal cases where the penalty imposed is reclusion perpetua or higher. etc. presidential decree v. assessment or iv. prohibiton. All cases in which the jurisdiction of any lower court is in issue d. c. Carrie. All cases involving the constitutionality or validity of any i. tax ii. Pleading. and e. regulation. . d. Majority vote in a division should be at least 3 members.. toll or v. c.55 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie. Limitations on Rule Making Power a. and habeas corpus. 2. Cases affecting ambassadors. practice and procedure in all courts. b. c. Note: This refers to foreign ambassadors. It should not diminish. The protection and enforcement of constitutional rights. Legal assistance to the underprivileged. b. stationed in the Philippines. and e. other public ministers and consuls. international or executive agreement iii. Ronald Cases heard by division 1. Admission to the practice of law. order vii. It should provide a simplified and inexpensive procedure for the speedy disposition of cases. or ix. quo warranto. Promulgate rules concerning: a.

2. These rights are not prejudiced by the subsequent declaration that the law is unconstitutional. only SC decisions are binding on all. are allowed as long as the decision adopted by reference is attached to the Memorandum for easy reference. An ACTUAL CASE calling for the exercise of judicial power 2. JUDICIAL REVIEW Definition 1. Thus. Only SC decisions are precedent. They do not apply to quasi-judicial or administrative bodies nor to military tribunals. Resolution of the issue of constitutionality is unavoidable or is the very lis mota. Reached in consultation before being assigned to a member for the writing of the opinion. 4. Memorandum decisions. 14. These rules only apply to courts. vested rights may have been acquired under such law before it was declared unconstitutional. or who dissented or abstained must state the reasons therefore. where the appellate court adopts the findings of fact and law of the lower court. the government act must have had an adverse effect on the person challenging it. CTA. Lower courts may also exercise the power of judicial review. and thus. Decisions of the Supreme Court: 1. A certification to this effect must be signed by the Chief Justice and attached to the record of the case and served upon the parties. Gem. 3. . or will sustain. 3. 2. Requisites Code: [A R S Co R] 1. 4. 2.e. i. 2. 3. Note: This procedure shall also be observed by all lower collegiate courts (CA. Effect of a declaration of unconstitutionality: 1.56 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie. ordinance etc. Evelyn. Ronald 6. a personal and substantial interest in the case such that he has sustained. it is considered as an ‘operative fact’ which at that time had to be complied with. and the Sandiganbayan). 5.e. in accordance with Civil Service Law. 7. Carrie. 3. Thel. Appoint ALL officials and employees of the Judiciary. Refusal to give due course to petitions for review and motions for reconsideration must state the legal basis for such refusal. Decisions MUST state clearly and distinctly the facts and the law on which it is based. Members of the SC who took no part. 3. SEC. The question of Constitutionality must be raised in the first instance. DECISIONS 1. Exercise administrative supervision over ALL courts and the personnel thereof. The person challenging the governmental act must have ‘STANDING’. Judicial Review is the power of the SC to declare a law. or at the earliest opportunity. i. Prior to the declaration that a particular law is unconstitutional. treaty. unconstitutional. subject to the appellate jurisdiction of the SC. direct injury as a result of its enforcement. The question involved must be RIPE FOR ADJUDICATION.

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. franchise. Carrie. during their tenure: 1) Hold any other office or employment. 3) 6) Commissioners have a fixed term 7) Commissioners are removable by impeachment only. Thel. Section 3. direct or indirect. DISQUALIFICATIONS Disqualifications: Members cannot. 6) 4) Fiscal autonomy (Sec. RULES OF PROCEDURE Procedures: 1) Rules: The Commissions may promulgate its own rules EN BANC.57 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie. . 2) Limitation: It shall not: a) Diminish. Evelyn. 4) 3) Each Commission may promulgate its own procedural rules (Sec. Their integrity is protected by the fact that they: 1) Are constitutionally created (Sec. 4) Increases take effect IMMEDIATELY. privilege granted by the government. instrumentalities. 1) 2) Have independent powers of appointment (Sec. any of its subdivisions. 2) Engage in the practice of any profession. including GOCC's and their subsidiaries. 5) 5) Salaries may not be diminished during their office (Sec. which. agencies. may be affected by the functions of their office. Note: The Ombudsman and his deputies are subject to the same qualifications. Section 6. and 4) Be financially interested. in any contract. or c) Modify substantive rights. 3) Engage in the active management or control of any business. Gem. 3) Incumbent members do not lose any salary. b) Increase. Ronald ARTICLE IX – THE CONSTITUTIONAL COMMISSIONS Section 1. 2) Decreases in salaries only affect those members appointed AFTER increase. Section 2. SALARIES Salaries 1) Salaries are fixed by law and shall not be decreased during their TENURE. in any way.

no reappointment 3) Appointment to vacancy: only for unexpired term of predecessor 4) No temporary appointments.e. 5) Appointees by the President to the CSC need Commission on Appointments (CA) confirmation Term: 1) Chairman -7 years. Appeals: 1) Decisions. VIII Sec.3 yrs 2) Limitation: single term only. (i. in appropriate cases.58 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie. orders or rulings of the COMELEC/COA may be brought on certiorari to the SC under Rule 65. c). including pre-proclamation controversies are decided in division. Gem. and 4) NOT candidates for any elective position in the elections immediately preceding their appointment. each commission must act as one. Evelyn. 2) Decisions. COMPOSITION/QUALIFICATIONS/TERM Composition: 1) Chairman 2) Commissioners – 2 commissioners Qualifications: 1) Natural-born citizens of the Philippines. 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 Chairman cannot ratify a decision which would otherwise have been void). exercise JUDICIAL REVIEW Section 7. Thel. or appointments in acting capacity.  COMELEC may sit en banc or in 2 divisions.  The SC has held that a majority decision decided by a division of the COMELEC is a valid decision. and no one member can decide a case for the entire commission. Commissioner1 .5 yrs. d). 2) As COLLEGIAL BODIES. The SC may not. THE CIVIL SERVICE COMMISSION Section 1. with motions for reconsideration filed to the COMELEC en banc. under Art.  Election cases. the rules of the Commission prevail. Enforcement:  It has been held that the CSC can issue a writ of execution to enforce judgments which are final. Commissioner2 . 3) With proven capacity for public administration. the Rules of Court prevail. The SC may. Carrie. 2) At least 35 years old at the time of their appointments. Ronald 3) Power of SC a). exercise the power to disapprove rules of "special courts and quasi-judicial bodies. . orders or ruling of the CSC should be appealed to the CA under Rule 43. In proceedings before a court. In proceedings before the Commissions." b). 5(5). however.

Scope: The Civil Service embraces all: A. . RULE: Whoever fulfills all the qualifications prescribed by law for a particular position may be appointed therein. 4. it does not fall within the Civil Service. Thel. primarily confidential. 2). The CSC cannot disapprove an appointment just because another person is better qualified. Jurisdiction is determined as of the time of filing the complaint. it does not follow that only he. 2). as long as the appointee is himself qualified. subdivisions. F. Even if once government-controlled. as far as practicable except to positions which are policy-determining. then becomes privatized. including GOCCs with original charters. They only differ in the MANNER in which they are filled. E. The TEST to determine whether non/competitive is the Nature of the responsibilities. NOT the administrative or legislative description given to it. Who may be appointed: 1). and is not subject to the CSC jurisdiction. can be appointed. Carrie. agencies of the government. D. The CSC CANNOT add qualifications other than those provided by law. 1. Appointments to civil service shall be: A. Evelyn.. If incorporated under the Corporation Code. C. Non-competitive positions 1)."With Original Charter" means that the GOCC was created by special law/by Congress 2. requires technical skill to a superior degree. 3. close intimacy insures freedom of intercourse without betrayals of personal trust. or highly technical. D. Competitive positions  According to merit and fitness to be determined by competitive examinations. Ronald Section 2. Gem.59 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie.. B. Such person has no vested right to the position and the appointing authority is not bound to appoint the person next in rank. and no one else. B. ceases to fall under CSC. E. Both types of positions are entitled to security of tenure. branches. C. 3). 3 kinds a) Policy-determining b) Primarily confidential c) Highly technical formulate a method of action for the gov't more than ordinary confidence. No need for competitive examinations. Next-In-Rank Rule  While a person next in rank is entitled to preferential consideration. instrumentalities.

With opportunity for advancement to higher career positions. d). If they are separated. BUT: They can only be removed by the one who appointed them.60 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie. but the expiration of the term of office c). or c) Limited to the duration of a particular project for which purpose the employment was made. related to and affects the administration of office. Primarily confidential officers and employees hold office only for so long as confidence in them remains. Tenure limited to: a) Period specified by law. and to mention the names of the candidates whom he supports. Temporary employees are covered by the following rules: 1). . Non-career service officers and employees do not enjoy security of tenure. this is considered an expiration of his term. 4). 3. b). It guarantees both procedural and substantive due process. 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. and (c) Not in violation of law. (good faith is presumed) (b) Not for political or personal reasons. 2. Security of Tenure: 1) Officers or employees of the Civil Service cannot be removed or suspended EXCEPT for cause provided by law. Political appointees in the foreign service possess tenure coterminous with that of the appointing authority or subject to his pleasure. and b). 2) Cannot give campaign contributions or distribute campaign materials. Gem. Entitled to security of tenure Non-Career Service 1.can be removed anytime even without cause 2). Carrie. Entitled only to such protection as may be provided by law. If there is GENUINE loss of confidence. Entrance based on merit and fitness to be determined as far as practicable by competitive examinations or based on highly technical qualifications. Entrance on bases OTHER than usual tests of merit and fitness. 3). one who is not appointed by the proper appointing authority does not acquire security of tenure. Abolition of Office To be valid.Cause is: a). 3) BUT: Allowed to express views on political issues. Evelyn. there is no removal. b) Coterminous with the appointing authority or subject to his pleasure. Ronald Tenure (Classification of Positions) Career Service 1. must be substantial (directly affects the rights & interests of the public) 3) Security of tenure for Non-competitive positions a). Thus. abolition must be made: (a) In good faith. Thel. 4) One must be VALIDLY APPOINTED to enjoy security of tenure. Not protected by security of tenure . 2. 2) For "LEGAL CAUSE" .

 Examples:  The Vice President may be appointed Cabinet member  Congressman may sit in the Judicial and Bar Council c). DISQUALIFICATIONS Disqualifications 1) Losing candidates in any election a). Additional B. "SPECIFICALLY AUTHORIZED" means a specific authority particularly directed to the officer or employee concerned. title of any kind from foreign governments UNLESS with the consent of Congress. 4) Pensions and gratuities are NOT considered as additional. b). b). emolument. They are governed by the stricter prohibitions contained therein. Period of disqualification: One (1) year after such election. Cannot be appointed to any office in the government or GOCC's or their subsidiaries b). bonus when an officer is given 2 sets of compensation for 2 different offices held concurrently by 1 officer C. agency.e. the elected official must first resign his office d). Appointive officials a). 13. Not eligible for appointment or designation ANY CAPACITY to ANY PUBLIC OFFICE or position during their tenure. Sec. EXCEPTION: Unless otherwise allowed by law. . Double an extra reward given for the same office i. c). Carrie. double. and those officers mentioned in Art. VII. 2) Elective officials a). Indirect Compensation 2) EXCEPTION: Unless specifically authorized by law A. or indirect compensation. 3). EXCEPTION: May hold ex officio positions. Section 8. or by the primary functions of his position. This exception DOES NOT APPLY to Cabinet members. including GOCC's and their subsidiaries. Cannot hold any other office or employment in the government. To be eligible to hold any other office. Evelyn.61 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie. B. Even Congress cannot. authorize the appointment of an elective official. instrumentality. Ronald 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. any subdivision. Gem. office. by law. BUT: per diems and allowances given as REIMBURSEMENT for expenses actually incurred are not prohibited 3) Cannot accept any present. COMPENSATION 1) Prohibitions: applies to elected or appointed officers and employees Cannot receive: A. Thel.

Decisions. 3 Members . POWERS AND FUNCTIONS Powers: 1) Enforce and administer all laws and regulations relative to the conduct of an election. and 4) Not candidates for any elective position in the immediately preceding elections. 2 Members .62 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie. Evelyn. the President cannot designate an incumbent commissioner as acting Chairman. Engaged in the practice of law for at least 10 years: “any activity in or out of court. (a) Ex: COMELEC can enjoin construction of public works within 45 days of an election. plebiscite. and 3. 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. knowledge. Thel. Appellate jurisdiction over all contests involving: 1. which requires the application of law. Carrie. Thus. or appointments in acting capacity a). legal procedure. Members of the Philippines Bar b). Exclusive original jurisdiction over all contests relating to the elections. or rulings of the Commission on election contests involving elective municipal and barangay offices shall be final. Gem. 3) Exercise: A. Provincial. executory. and not appealable. final orders. The choice of temporary chairman falls under the COMELEC’s discretion. and qualifications of all elective 1. including the Chairman must be: a).3 yrs. Ronald THE COMMISSION ON ELECTIONS Section 1. 1 Member . Regional. Exception: Appealable to the SC on questions of law.7 yrs. 2. b). and recall.5 yrs. referendum. 2) At least 35 years old at the time of appointment 3) Holders of college degrees. C. returns. Section 2.” 6) Appointments subject to CA approval Term: 1) Chairman -7 yrs. COMPOSITION/QUALIFICATIONS/TERM Composition: (7) 1)Chairman and 2)Commissioners (6) Qualifications: 1) Natural-born citizens of the Philippines. . Elective municipal officials decided by trial courts of general jurisdiction 2. training and experience. 5) Majority of the Commission. City officials B. initiative. Elective barangay officials decided by trial courts of limited jurisdiction.

including acts or omissions constituting elections frauds. in addition to other penalties that may be prescribed by law. 2. BUT: Political parties with religious affiliation or which derive their principles from religious beliefs are registerable. b). honest. This is not an inherent power. peaceful. Gem. The political parties etc. Preliminary investigation conducted by COMELEC is valid. Evelyn. 4) Deputize. for the exclusive purpose of ensuring free. a). and registration of voters. it is an additional ground for the cancellation of their registration with the Commission. b). Groups which are supported by any foreign government. If it is a pre-proclamation controversy. where appropriate. is in exercise of its judicial functions. The actions of the prosecutors are the actions of the COMELEC C. 6) File. including determination of the number and location of polling places. and credible elections. all questions affecting elections. B. e). Religious denominations/sects ii. A. except those involving the right to vote. organizations. Its jurisdiction over ‘contests’ (after proclamation). Ronald D. Thel. Groups which cannot be registered: i. It CANNOT exercise this in connection with its purely executive or ministerial functions. appointment of election officials and inspectors. Groups which refuse to uphold and adhere to the Constitution iv. orderly. or coalitions/accreditation of citizens’ arms of the Commission on Elections. Carrie. COMELEC can exercise this power only in relation to its adjudicatory or quasi-judicial functions. COMELEC has exclusive jurisdiction to investigate and prosecute cases for violations of election laws. There should be sufficient publication c). The COMELEC may issue writs of certiorari. If accepted. Note: Questions involving the right to vote fall within the jurisdiction of the ordinary courts. Applies to both criminal and administrative cases. This power is NOT limited to the election period. including the Armed Forces of the Philippines. Groups which seek to achieve their goals through violence or unlawful means iii. prohibition and mandamus in exercise of its appellate jurisdiction. organizations. offenses and malpractices. the COMELEC exercises quasijudicial/administrative powers. a). Contempt powers 1. Financial contributions from foreign governments and their agencies to political parties. upon a verified complaint. or on its own initiative. with the concurrence of the President. or candidates related to elections constitute interference in national affairs. COMELEC can deputize prosecutors for this purpose. prosecute cases of violations of election laws. petitions in court for inclusion of exclusion of voters. 3. coalitions. 3) Decide. must present their platform or program of government. . investigate and. 5) Registration of political parties. E. d). law enforcement agencies and instrumentalities of the Government.63 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie.

During the election period a). including pre-election controversies. the election period commences 90 days before the day of the election and ends 30 days thereafter. agency or instrumentality thereof. or disobedience to its directive. Carrie. Section 3. for violation or disregard or. 9) Submit to the President and the congress a comprehensive report on the conduct of each election. Section 4. Section 9. or decision. Grants. Gem. Evelyn. Thel. 4) If a division dismisses a case for failure of counsel to appear. 2). initiative. . Decision-Making 1) Election cases should be heard and decided in division. Provided that. plebiscite. including any GOCC or its subsidiary B. the Motion for Reconsideration here may be heard by the division. 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. special privileges or concessions granted by the Government or any subdivision. Referendum: power of the electorate to approve or reject legislation through an election called for that purpose. order. COMELEC can fix a period. Ronald 7) Recommend to the Congress effective measures to minimize election spending. 8) Recommend to the President the removal of any officer or employee it has deputized. In special cases. or the imposition of any other disciplinary action. referendum. and nuisance candidacies. 3) ”Decisions” mean resolutions on substantive issues. or recall. The enjoyment or utilization of all franchises or permits for the operation of transportation and other public utilities. Plebiscite: Submission of constitutional amendments or important legislative measures to the people ratification 4). media of communication or information. malpractices. offenses. and to prevent and penalize all forms of election frauds. 2) Motions for reconsideration of decisions should be decided by COMELEC en banc. 5) EXCEPTION: COMELEC en banc may directly assume jurisdiction over a petition to correct manifest errors in the tallying of results by Board of Canvassers. 3).64 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie. What can COMELEC supervise or regulate 1). b). Under Article XI. including limitation of places where propaganda materials shall be posted. SUPERVISION/REGULATION OF FANCHISES / PERMITS / GRANTS / SPECIAL PRIVILEGES / CONCESSIONS Regulation of franchises A. When can COMELEC exercise this power 1). Applies not just to elections but also to plebiscites and referenda. 2).

Gem.  This section does not give candidates immunity from suit. For example. or suspension of sentence for violation of election laws. 2). Voters’ registrations boards. No pardon. and regulations shall be granted by the President without the favorable recommendation of the Commission. or 4). No votes cast in favor of a political party. are entitled to appoint poll watchers in accordance with law.65 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie. however. COMELEC may not regulate media practitioners. etc. 3). or coalitions registered under the party-list system shall NOT be represented in the following: 1). It may. Prohibition on block-voting 1) General rule: Block voting NOT allowed 2) EXCEPTION: those registered under the party-list system Section 8. organization. 3) It identifies the party and its officers for purposes of regulation by the COMELEC. 2). organizations. COMELEC cannot compel print media to donate free space to the COMELEC. for this would violate the freedom of expression. Section 10. Section 6 Definition of Political Party  organized group of persons pursuing the same political ideals in a government and includes its branches. compel it to provide space after paying just compensation. Evelyn. . Other similar bodies. Boards of canvassers. Boards of election inspectors. 2) It informs the public of the party's existence and ideals. amnesty. or coalition shall be valid. Section 7. Carrie. except for those registered under the party-list system as provided in this Constitution. and divisions Importance of registration of a political party 1) Registration confers juridical personality on the party.  Discrimination includes unequal treatment in the availment of media facilities. NOT individuals. Thel. Ronald COMELEC and the MEDIA 1). PARTY LIST SYSTEM No Right to be Represented in Various Boards  Political parties. Bona fide candidates for any public office shall be free from any form of harassment and discrimination. rules. parole. Section 5. Power of COMELEC is over franchises and permits. Poll Watchers  Political parties.

COMPOSITION/QUALIFICATIONS Composition: 1) Chairman. Members of Phil. no re-appointment allowed 3) Appointments to any vacancy shall only be for the unexpired portion of predecessor’s term Section 2. Bar with 10 years of practice. Revenue and receipts of funds or property. B. Any of its subdivisions. and offices granted fiscal autonomy. or B.2 -3 yrs. audit. Qualifications: 1) Natural-born citizens of the Philippines 2) At least 36 years old at the time of their appointment. which are required by law of the granting of institution to submit to such audit. 2) Funds should be certified by the COMELEC as necessary. commissions. None-governmental entities receiving subsidies or equity. and 2) Commissioners (2). FUNDING How provided 1) Funds certified by the COMELEC as necessary to defray the expenses for holding regular and special elections. Expenditures and uses of funds or property Owned or held in trust by. from or through the government. 2) LIMITATION: . Evelyn. Gem. Including GOCC’s with original charters. directly or indirectly. and settle accounts pertaining to: A. GOCC’s and their subsidiaries incorporated under the Corporation Code. 4) Members cannot all belong to the same profession. Thel. The Government. 5) Subject to confirmation of the CA. B. or pertain to: A. Commissioner . initiative. Ronald Section 11. shall provided in the regular or special appropriations. referenda and recalls. THE COMMISSION ON AUDIT Section 1. agencies or instrumentalities. C. POWERS 1) Examine. Constitutional bodies. D. 3) Either: a). . CPA’s with at least 10 years auditing experience. C. or b). funds should be released automatically upon certification by the Chairman of COMELEC.66 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie. plebiscites. Carrie.Single terms only. 2) Conduct post-audit with respect to the following: A. 6) Must not have been candidates for any elective position in the elections immediately preceding their appointment. Commissioner1 -5yrs. Release of funds  Once approved. Autonomous state colleges and universities. Term: 1) Chairman -7 yrs.

preserving vouchers and other supporting papers pertaining thereto. made by the proper officer. 6) Promulgate accounting and auditing rules and regulations. Including those for the prevention or disallowance of irregular. 5) Where the following requirements are complied with. Gem. Examine and audit all forms of government revenues. COA may adopt measures. C. Ronald 3) If COA finds internal control system of audited agencies as inadequate. There is a contract. it becomes the ministerial duty of the COA to approve and pass in audit vouchers for payment: A. 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. There is a law appropriating funds for a particular purpose. including temporary or special pre-audit. No law shall be passed exempting any entity of the Government or its subsidiary in any guise whatever. and the adoption of internal rules of control. B. and D. Thel. A. or unconscionable expenditures or uses of government funds and properties. B. 4) COA does not have the power to fix the amount of an unfixed or undetermined debt. 5) Exclusive authority to define the scope of COA’s audit and examination and to establish the techniques and methods required therefor. Payment has been authorized by officials of the corresponding department or bureau. extravagant. 4) Keep the general accounts of the government. entered into in conformity with the above-mentioned law. Evelyn. . Note: 1) The functions of COA can be classified as: A. unnecessary. C. 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. Carrie.67 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie. Failure to comply with these rules can be a ground for disapproving the payment of a proposed expenditure. This is because COA’s interest in such accounts is merely administrative. 6) Prosecutors may still review accounts already settled and approved by COA for the purpose of determining possible criminal liability. 2) COA can settle only LIQUIDATED ACCOUNTS or those accounts which may be adjusted simply by arithmetic process. as attested by the proper officer. The goods or services covered by such contract have been delivered or rendered in pursuance to such contract. B. excessive. Section 3. To decide administrative cases involving expenditures of public funds. from the jurisdiction of the Commission on Audit. as may be necessary. 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. or any investment of public funds. E. D.

Section 4. Carrie. President may exercise disciplinary power over LGU officials. Gem. however. and Barangays There shall be Autonomous regions in: 1) Muslim Mindanao. PRESIDENTIAL SUPERVISION OF LGUS Supervision of President 1) The President exercises general supervision over all LGUs 2) The President exercises DIRECT supervision over A. Ronald ARTICLE X: LOCAL GOVERNMENT Section 1. and may even remove them from their posts. Local Autonomy 1) All political subdivisions shall enjoy local autonomy 2) This does not mean that the LGU’s are completely free from the central government. such as suspension for 120 days.68 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie. responsibilities. 4) The president cannot substitute his judgment for that of an LGU official unless the latter is acting contrary to law. election. salaries. A. and resources. and all other matters relating to the organization and operation of the local units. and referendum. impose administrative sanctions against LGU officials. 5) The President may. and provide for the qualifications. 2) These political subdivisions. term. and not by law. . Autonomous regions and C. in accordance with law. 6) Provinces exercise direct supervision over component cities and municipalities. powers and functions and duties of local officials. Judiciary may still pass on LGU actions B. it cannot abolish an entire class of LGU’s Section 2. Municipalities. 3. TERRITORIAL/POLITICAL SUBDIVISIONS OF THE REPUBLIC OF THE PHILIPPINES ARE THE: Composition: 1) 2) 3) 4) Provinces Cities. Provinces B. and 2) Cordileras [At present. 3) This power is limited to ensuring that lower officers exercise their functions in accordance with law. allocate among the different local government units their powers. 3) While Congress can abolish or eradicate individual units. Thel. created by the Constitution cannot be replaced by AMENDMENT. appointment and removal. it is only the Cordilera ADMINISTRATIVE region] Note: 1) A third autonomous regions would require a constiutional amendment. SEC. 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. Evelyn. initiative. Independent cities.

fees and charges E. Share in any co-production. EACH LOCAL GOVERNMENT SHALL HAVE THE POWER TO CREATE OWN SOURCES OF REVENUE/LEVY TAXES. municipal or barangay treasurer. Carrie. 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. Gem. Other taxes. Guingona) Section 7. 4) Each LGU should appropriate in its annual budget at least 20% of its annual IRA for development projects. Mining taxes B. city. Ronald 7) Cities and municipalities exercise direct supervision over component barangays. 2) The guidelines set by Congress should be consistent with the basic policy of local autonomy. joint venture or production sharing agreement in the utilization and development of the national wealth w/in their territorial jurisdiction . fees. Section 6. Royalties C. DILG Secretary 3. without need of any further action. 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. Release is made on a quarterly basis within 5 days after the end of each quarter. FEES AND CHARGES ETC. (Alvarez v. 2) The share of each LGU should be released. Accrual of taxes. DBM Secretary 6) IRA considered for purposes of conversion from one political subdivision to the next. 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. 2) This includes share the same with the inhabitants by way of direct benefits. 5) Adjustments in IRA A. President can make the necessary adjustments in the IRA upon the recommendation of the following: 1. Evelyn. Department of Finance Secretary 2. See Local Government Code for examples. 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 A. directly to the provincial. Thel.69 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie. Ground: Unmanageable public section deficit B. AS DETERMINED BY LAW. Forestry and fishery charges D. fees and charges shall accrue exclusively to the local governments. charges The taxes. Limitations on Power 1) It is subject to such guidelines and limitations as Congress may provide. LGUs SHALL HAVE A JUST SHARE IN NATIONAL TAXES. Section 5.

Gem. Ronald SEC. 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) The women’s sector 2) The workers 3) Third sector (can choose from any of the following) A) Urban poor B) Indigenous cultural communities C) Disabled persons D) Any other sector as may be determined by the sanggunian Election of Sector Representatives SEC. . 10. Evelyn. Basic Autonomy of Component Cities and Municipalities 1) The component cities and municipalities retain their basic autonomy 2) They shall be entitled to their own local executive and legislative assemblies. a province is supposed to be divided into 2 separate provinces. Thel. revenue. and area requirements. now including barangay officials have a term of 3 years.70 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie. 2) It is subject to a plebiscite Jurisdiction of Metropolitan authority It is limited to basic services requiring coordination. 8. Compliance with the requirements of the Local Government Code. plebiscite will include voters of the ENTIRE province. 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. Metropolitan political subdivisions Creation: 1) Congress may create special metropolitan political subdivisions by law. 2) Thus. and B. 9. 3) LGC requirements relate to matters such as population. Carrie. Creation. SEC. and not just the area to comprise the new province. TERM OF OFFICE Term of Office Elective local officials. 11. abolition and division of LGU’s 1) Requisites A. Approved by a majority of the votes cast in a plebiscite held in the political units DIRECTLY affected. Sec.

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SEC. 12. CITIES Classification of Cities: 1) Highly urbanized (as determined by law) 2) Component cities (cities still under provincial control); 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. 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. Section 13. Coordination among LGUS Consolidation and Coordination of Efforts, Services and Resources 1) It is optional on the part of LGUs as shown by the use of the word “may” 2) It can be done for purposes commonly beneficial to them in accordance with the law. Under LGC (Section 33) 1) Consolidation and coordination may be done through appropriate ordinances. 2) A public hearing should be conducted and the approval of the sanggunian obtained. 3) An LGU can: A. Contribute funds, real estate, equipment and other kinds of property B. Appoint/assign personnel under such terms and conditions as may be agreed upon by the participating LGUs through Memoranda of Agreement. Section 14. REGIONAL DEVELOPMENT COUNCILS Who can provide for RDC The President shall provide for RDC or other similar bodies composed of: Composition 1) Local government officials 2) Regional heads of departments and other government offices 3) Representatives of NGOS within the regions For Purpose of 1) Administrative decentralization 2) To strengthen local autonomy 3) To accelerate the economic and social growth and development of the units in the region Section 15. AUTONOMOUS REGIONS Where: 1) Muslim Mindanao 2) Cordillera region

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Factors: 1) 2) 3) 4) Historical heritage Cultural heritage Economic and social structures, Other relevant characteristics within: A. The framework of the consititution B. National sovereignty C. Territorial integrity.

Creation: 1) Provided by law. 2) 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. 3) Only those Provinces, Cities, and Geographical Areas voting favorably in such plebiscite shall form part of the autonomous region. 4) If only 1 province approved the law, NO AUTONOMOUS REGION created, 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. Section 16. GENERAL SUPERVISION OVER AUTONOMOUS REGIONS By Whom: The President Purpose: To ensure that the laws are faithfully executed. SEC. 17. All powers, functions and responsibilities not granted by this Constitution or by law to the autonomous region shall be vested in the National Government. Examples: 1) Foreign relations, 2) National defense and Security 3) Monetary Affairs

Section 20. LEGISLATIVE POWERS The Organic Act of Autonomous Region shall provide for legislative powers over: 1) 2) 3) 4) 5) 6) 7) 8) 9) Administrative organization; Creation of sources of revenues; Ancestral domain and natural resources Personal, family and property relations Regional, urban, and rural planning development; Economic, social, and tourism development; Educational policies; Preservation and development of the cultural heritage; and Such other matters as may be authorized by law for the promotion of the general welfare of the people of the region.

Limitations: 1) Subject to the provisions of the Constitution and national laws 2) To be exercised within its territorial jurisdiction Section 21. PRESERVATION OF PEACE AND ORDER/DEFENSE AND SECURITY Peace and Order It shall be the responsibility of the local police agencies.

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Defense and Security It shall be the responsibility of the national government. ARTICLE XI: ACCOUNTABILITY OF PUBLIC OFFICERS Section 1: PUBLIC OFFICE AS A PUBLIC TRUST Public officers and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty and efficiency, act with patriotism and justice and lead modest lives. Section 2: IMPEACHMENT/REMOVAL FROM OFFICE Impeachment: (as means of removal from office) 1. Who may be impeached: President VP SC Justices Constitutional Commission members Ombudsman 2. Grounds Culpable violation of the Constitution treason bribery graft and corruption other high crimes or betrayal of public trust Note: It is an exclusive list. Congress cannot, by law, add to the list of impeachable offenses. 3. These officers cannot be charged in court with offenses that have removal from office as penalty. 4. The President cannot be charged with murder. 5. A SC Justice cannot be disbarred because this would disqualify him from his position. 6. BUT AFTER an official has been impeached, he can be charged with the appropriate offense. 7. Resignation by an impeachable official does not place him beyond the reach of impeachment proceedings; he can still be impeached. All Other Public Officers and Employees 1. They may be removed from office as provided by law 2. BUT: NOT by impeachment Section 3: PROCEDURE FOR IMPEACHMENT Exclusive Power of House of Representatives The House of Representatives has exclusive power to INITIATE all cases of impeachment.

) 4. 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. Disqualification to hold any office under the Republic of the Philippines c.) Inclusion of complaint in the order of business with 10 session days Referral to proper Committee within 3 session days thereafter Submission of Committee report to the House together with corresponding resolution a. However. and by a majority vote of ALL its members. Section 4: SANDIGANBAYAN Sandiganbayan = the anti-graft court Sections 5-6. Carrie.) 6. Any member of the House of Representatives or 2.) 3. When the President of the Philippines is on trial. The report should be submitted within 60 days from referral.) Calendaring of resolution for consideration by the House Should be done within 10 session days from receipt thereof Vote of at least 1/3 of all Members of the House necessary to: a.74 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie. Removal from office of the official concerned b. the Senators shall be under oath or affirmation a. Any citizen upon a resolution of endorsement by any Member of the House or 3. For this purpose. 8-14: OFFICE OF THE OMBUDSMAN Composition: 1. 8. after hearing. Officer still liable to prosecution. Thel. Ronald Procedure: 1. 5. There should be a majority vote of the members c. There should be a hearing b.) 4. he/she will not vote. Senate has the sole power to try and decide all cases of impeachment B. 7.) Trial in the Senate A.) 3.) Judgment of Conviction This requires the concurrence of 2/3 of all the Members of the Senate 9. Evelyn. Trial in the Senate shall proceed. Filling of verified complaint a. By at least 1/3 of all the Members of the House of Representatives 2.) 2. Visayas and Mindanao Deputy for military establishment may be appointed . trial. and punishment if the impeachable offense committed also constitutes a felony or crime. Can be filed by: 1. the CJ of the Supreme Court presides. Affirm a favorable resolution with the Articles of Impeachment of the Committee or b. Gem.) Ombudsman/Tanodbayan Overall deputy At least one Deputy each for Luzon.) Effect of the Impeachment a. it shall constitute the Articles of Impeachment.

d. Functions and Duties of the Office of the Ombudsman 1. By the president from a list of at least 6 nominees prepared by the Judicial and Bar Council. c. or inefficient. or on complaint by any person. Investigate on its own.) 5. when such act or omission appears to be illegal.) 2. The power to investigate includes the power to impose preventive suspension. This preventive suspension is not a penalty. Of Ombudsman and deputies a. In accordance with Civil Service Law Term: (Ombudsman and deputies) 1. a. b. f. “INVESTIGATE” does not mean preliminary investigation. e. All vacancies shall be filled within 3 months after they occur. The Members have the rank of members of a Constitutional Commission 3.) Cannot be financially interested. The Ombudsman may always delegate his power to investigate. improper. Appointments do NOT require confirmation c. Carrie. Evelyn. in any contract with or in any franchise or privilege granted by the Government. any of its subdivisions. any act or omission of any public official. Gem. unjust. Thel. The SC held that the power to investigate and prosecute cases involving public officers and employees has been transferred to the Ombudsman. Their salaries cannot be decreased during their term of office. employee. Of other officials and employees of the Office of the Ombudsman d. By the Ombudsman e. office or agency.) 4.) Cannot hold any other office or employment during his tenure 2. The complaint need not be drawn up in the usual form.) 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 6. agencies or instrumentalities.75 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie. . 2. Engage in the practice of law in the Philippines Disqualifications/Prohibitions (under Article IX. including GOCCs or their subsidiaries Appointment 1. Section 2) 1. Ronald Qualifications: (Ombudsman and his deputies) 1. 7 years with reappointment 2. Powers.) Cannot engage in the practice of any profession or in the active management or control of any business which may be affected by the functions of his office 3. They are NOT qualified to run for any office in the election immediately succeeding their cessation from office Rank/Salaries: 1.) For Ombudsman: He must have been for ten years or more a. The Ombudsman has the rank of Chairman of a Constitutional Commission 2. directly or indirectly. Vacancies will be filled from a list of 3 nominees b. A judge or b.) 3.

2. b. Thel. Fiscal Autonomy: The Office of the Ombudsman enjoys fiscal autonomy.) Direct the officer concerned. Ronald g. pertinent records and documents. if necessary. mismanagement. The Ombudsman has PERSUASIVE POWER. or to stop. c. GOCC’s with original charters c. The public official or employee must be employed in: (I). 4.) Request any government agency for assistance and information necessary in the discharge of its responsibilities. and may require that proper legal steps are taken by the officers concerned. and to examine. fine. even if they are under the Supreme Court. ANY illegal act may be investigated by the Ombudsman. Final say to prosecute still rests in the executive department. or instrumentality thereof. The “ILLEGAL” act or omission need not be in connection with the duties of the public officer or employee concerned. or (III).) Promulgate its rules of procedure and exercise such other powers or perform such functions or duties as may be provided by law Note: The Office of the Ombudsman also has the duty to act promptly on complaints filed in any form or manner against public officials or employees of the government. The SC has held that the SP may prosecute before the Sandiganbayan judges accused of graft and corruption. Carrie. appropriations should be automatically and regularly released. and correct any abuse or impropriety in the performance of duties. The Government (II). or prosecution. In appropriate cases.) Public matters covered by its investigation when circumstances so warrant and with due process 7. red tape. any public official or employee of the government. suspension. the Ombudsman’s jurisdiction is CONCURRENT with that of the regular prosecutors. as well as of any government-owned or controlled corporation with original charter. and ensure compliance therewith. Any subdivision. 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. a.76 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie. a. agency. to perform and expedite any act of duty required by law. 3. 6. or any subdivision. b. Its approved annual . and recommend his removal. The Ombudsman or Tanodbayan may use mandamus to compel the fiscal to prosecute. 5. and report any irregularity to COA for appropriate action. it should notify the complainants of the action taken and the result thereof. The Ombudsman does NOT himself prosecute cases against public officers or employees. agency or instrumentality thereof. h. censure. Evelyn.) Direct the officer concerned to take the appropriate action against a public official or employee at fault.) Determine the cause of inefficiency. or any subdivision. demotion. upon complaint or at its own instance. prevent. fraud and corruption in the government and make recommendations for their elimination and the observance of high standards of ethics and efficiency 8. Gem. Direct. In this regard. agency or instrumentality including GOCCs and their subsidiaries. in any appropriate case.

) Their right to prosecute criminally these officials and employees may prescribe. It will continue to function and exercise its powers as now or hereafter may be provided by law b. Government owned or controlled banks.) 7.) . a housing loan. Loans b. Estoppel 1. etc. laches or estoppel. If the loan. Ronald Section 7: OFFICE OF THE SPECIAL PROCECUTOR 1.) President Vice-President 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. the SC was wrong because the ConCom intended that the SP was to prosecute anti-graft cases. is NOT for business purpose.g.) 2.) 4.) 3. Scope of prohibition: 1. the existing Tanodbayan became the Office of the Special Prosecutor 2.77 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie. the prohibition does not apply. 2. 2. Gem. Evelyn.) 5. Section 16: PROHIBITION ON CERTAIN FINANCIAL TRANSACTIONS Coverage: This prohibition applies to: 1.) 6. or 2. Government owned or controlled financial institutions. e. Exception: Powers conferred on the Office of the Ombudsman 3. Powers a.) 8. Laches. Other forms of financial accommodation From: 1. Carrie.) 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. Under the 1987 Constitution.) The above mentioned officials cannot obtain. The Office of the Special Prosecutor is subordinate to and acts under the orders of the Ombudsman Note: According to Jack. Section 15: RECOVERY OF ILL-GOTTEN WEALTH Prescription. directly or indirectly for BUSINESS PURPOSES: a. Guarantees c. Thel.

Gem. 1.) If Philippine citizenship is one of the qualifications to the office.) Incumbent public officers and employees who seek either: a. Thel. or b. and 3.) 5. i.) 3. 2.) President Vice-President 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.) 6.) 4. 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. the filling of the certificate of candidacy. ARTICLE XII – NATIONAL ECONOMY AND PATRIMONY SEC. and prior to. income and wealth. 2. Evelyn. It should be through industries that make full and efficient use of human and natural resources. . Ronald Section 17: Statements of assets. Acquire immigrant status in another country Shall be dealt with by law. as the key to raising the quality of life for all. More equitable distribution of opportunities.) 2.e. Industries should also be competitive in both domestic and foreign markets. GOALS OF THE NATIONAL ECONOMY Three-fold goal: 1. 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.) 7. The State shall promote industrialization and full employment 1. liabilities and net worth When submitted: Public officer and employee shall submit a declaration under oath of his assets. Carrie. The Election Code provides the rules with respect to non-incumbents. Expanding productivity. liabilities and net worth upon assumption of office and as often as required under the law.) 8. the loss of such citizenship means the loss of the office by the incumbent.78 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie. Change his citizenship. a. persons running for elective offices.) 3. It should be based on sound agricultural development and agrarian reform 2. Sustained increase in the amount of goods and services produced by the nation for the benefit of the people.

Filipino citizen or 2. Corporation or association at least 60% of whose capital is owned by such citizens 3. Flora and fauna. coals. 4. Ronald Protection of Filipino enterprises The State shall protect Filipino enterprises against unfair foreign competition and trade practices. Lands of the public domain: Waters Minerals. Dominium a. and similar collective organizations. Under terms and conditions as may be provided by law. and Other natural resources. Forests or timber. Role of Private Enterprises Private enterprises. Section 2. JOINT VENTURE OR PRODUCTION-SHARING arrangements with 1. petroleum. The state may enter into CO-PRODUCTION. The capacity of the State to own and acquire property. 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. including corporations. b. The state may DIRECTLY UNDERTAKE such activities B. General Rule: All natural resources CANNOT be alienated 2. and other mineral oils. Imperium Government authority possessed by the State which is appropriately embraced in sovereignty. Thel. Wildlife. In case of water rights/water supply/fisheries/industrial uses other than the development of water power The beneficial use may be the measure and limit of the grant.79 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie. 2. Fisheries. . Shall be under the full control and supervision of the State 2. Exception: Agricultural lands Exploration. renewable for not more than 25 years B. Development and Utilization of Natural Resources 1. Limitations: A. Scope: The following are owned by the State: 1. All sources of potential energy. Carrie. Gem. shall be encouraged to broaden the base of their ownership. Period: It should not exceed 25 years. Evelyn. cooperatives. Alienation of Natural Resources 1. Means A. REGALIAN DOCTRINE Distinction between Imperium and Dominium 1.

Large-Scale Exploration. The President may enter into agreements with foreign owned corporations involving technical or financial assistance for large-scale exploration etc. Evelyn. They can only hold alienable lands of the public domain BY LEASE B. of minerals. Section 3. Agricultural Forest/timber Mineral lands & National Parks Note: 1. For private corporations or associations A. 3. Thel. Protection of Marine Wealth 1. 2. Thus. Gem. 3. They should be based on the real contributions to economic growth and general welfare of the country. Ronald Small-scale Utilization of Natural Resources 1. lakes.80 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie. bays and lagoons. authorize small-scale utilization of natural resources by Filipino citizens 2. The State shall protect its marine wealth in its Archipelagic waters Territorial sea & EEZ 2. Carrie.000 hectares . upon recommendation by the DENR. Management and service contracts are not allowed under this rule. petroleum. 2. These agreements should be in accordance with the general terms and conditions provided by law. 4. Classification is descriptive of the legal nature of the land and NOT what it looks like. LANDS OF THE PUBLIC DOMAIN ARE CLASSIFIED INTO 1. the fact that forest land is denuded does not mean it is no longer forest land. 2. the State should promote the development and use of local scientific and technical resources. Agricultural lands may be further classified by law according to the uses to which they may be devoted. Limitations regarding Alienable Lands of the Public Domain 1. Development and Utilization of Minerals/Petroleum/Other Mineral Oils 1. and other mineral oils. The State shall reserve its use and enjoyment exclusively to Filipino citizens. Alienable lands of public domain 1. Classification of public lands is an exclusive prerogative of the Executive Department through the Office of the President. Only agricultural lands are alienable. Area: Lease cannot exceed 1. Congress may also authorize cooperative fish farming with priority given to subsistence fishermen and fishworkers in the rivers. The President should notify Congress of every contract under this provision within 30 days from its execution. 4. In the agreements. Congress may. by law. 2. Period: Cannot exceed 25 years. 5. renewable for not more than 25 years C.

Section 4. the land becomes private property ipso jure without need of any judicial or other sanction. the specific limits of forest lands and national parks. Subject to Constitutional provisions B. Can ACQUIRE not more than 12 hectares by purchase. Thel. 2. Subject to national development policies and programs 2. in possession since time immemorial. 3. Watershed areas for such period as it may determine. held or lease and the conditions therefore. Carrie. Can lease up to 500 hectares B. Corporations or associations incorporated in the Philippines. ecology and development. Here. Filipino citizens B. as soon as possible. Endangered forest and b. Upon completion of the requisite period. In determining ownership and extent of ancestral domain. EXCEPT by law. For Filipino citizens A. It refers to lands which are considered as pertaining to a cultural region B. homestead or grant Taking into account the requirements of conservation. exclusive. Uninterrupted possession by the occupant and his predecessors-in-interest since time immemorial. and subject to the requirements of agrarian reform. Presumption is that land belongs to the State. Ronald Note: A corporation sole is treated like other private corporations for the purpose of acquiring public lands. such as deep forests. Acquired from government by purchase or grant. 2. Congress may use customary laws on property rights and relations. developed. presumption is that the land was never part of public domain.81 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie. and 3. determine by law. at least 60% of whose capital is owned by Filipino citizens . Congress shall. B. Congress shall determine by law the size of the lands of the public domain which may be acquired. Means by Which Lands of the Public Domain Become Private Land 1. Thereafter. Congress shall provide measures to prohibit logging in a. A. “ANCESTRAL DOMAIN” A. The State protects the rights of indigenous cultural communities to their ancestral lands A. and undisputed possession of ALIENABLE (agricultural) public land for a period of 30 years. This includes lands not yet occupied. Open. ANCESTRAL LANDS Protection of Indigenous Cultural Communities 1. such forest lands and national parks shall be conserved and may not be increased or diminished. PRIVATE LANDS General rule 1. marking clearly their boundaries on the ground. Private lands CAN only be transferred or conveyed to: A. start from when land was converted to alienable land. not when it was still forest land D. C. Section 5. In computing 30 years. Section 7. Gem. Evelyn.

NATIONAL ECONOMY AND PATRIMONY/INVESTMENTS Power of Congress 1. even for religious purposes.82 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie. A religious corporation controlled by non-Filipinos cannot acquire and own land. Congress shall also enact measures to encourage the formation and operation of enterprises whose capital is wholly owned by Filipinos. Remedies to recover private lands from disqualified aliens: 1. can reserve to Filipino citizens or to corporations or associations at least 60% of whose capital is owned by such citizens. Section 11. Therefore: A. certain areas of investment. 2. 3. In order to be considered as a public utility. C. the State shall give preference to QUALIFIED Filipinos. and thus subject to this provision. Alien still has the title (didn’t pass it on to one who is qualified) Section 10. Hence. 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. he only acquires derivative title. privileges and concessions covering the national economy and patrimony. Foreign states may acquire land but only for embassy and staff residence purposes. The former pari delicto principle has been abandoned B. the undertaking must involve dealing directly with the public. Congress. Carrie. 5. Gem. Thus. In this case. Restriction against aliens only applies to acquisition of ownership. Aliens may be mortgages of land. where an alien heir of a Filipino is the transferee of private land. The BOT grantee merely constructs the utility. Evelyn. a Build-Operate-Transfer grantee is NOT a public utility. 2. subject to limitation provided by law. Exceptions A. as long as they do not obtain possession thereof and do not bid in the foreclosure sale. A natural born citizen of the Philippines who has lost his Philippine citizenship may be a transferee of PRIVATE ALND. Aliens may be lessees or usufructuaries of private lands B. loss of citizenship after acquiring the land does not deprive ownership. Thus. In intestate succession. Thel. National Economy and Patrimony In the grant of rights. Ronald 2. Escheat proceedings 2. FRANCHISES FOR PUBLIC UTILITIES Power to grant: 1. An action by the former Filipino owner to recover the land A. Congress may directly grant a legislative franchise. or 2. and it leases the same to the government. This may be done when the national interest dictates. Action for reversion under the Public Land Act 3. B. . upon the recommendation of NEDA. It is the government which operates the public utility (operation separate from ownership). Land tenure is not indispensable to the free exercise of religious profession and worship. land can be used only for residential purposes. Filipino citizenship is only required at the time the land is acquired. 4.

b. C. Conditions i. FORMATION/ORGANIZATION/REGULATION OF CORPORATIONS 1. or ii. Exercised in the interest of national welfare or defense B. Duration of the takeover: period of emergency D. Special charters in the interest of the common good and subject to the test of economic viability. SPECIAL ECONOMIC POWERS OF THE GOVERNMENT 1. or repeal by Congress when the common good so requires. The Constitution does NOT prohibit the existence of monopolies. Evelyn. etc of private corporations through a general law. Carrie. Franchise is NOT exclusive in character 3. Takeover is subject to reasonable terms and conditions E. GOCC’s They may be created by: a. Franchise is granted under the condition that it is subject to amendment. Corporations or associations incorporated in the Philippines and at least 60% of the capital is owned by Filipino citizens. National emergency and ii. Transfer to public ownership. May be used against privately owned public utilities or businesses affected with public interest. Duration: Not more than 50 years 2. 3. Terms and conditions: 1. Nationalization of vital industries: A. When the public interest requires B. 2. alteration. . Section 16. Involves either: i. public utilities and other private enterprises to be operated by the government.83 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie. Foreigners cannot be appointed as the executive and managing officers because these positions are reserved for Filipino citizens. Section 19. upon payment of just compensation. Thel. 2. Filipino citizens or 2. 2. Participation of Foreign Investors 1. The participation of foreign investors in the governing body of any public utility enterprise shall be limited to their proportionate share in its capital. Combinations in restraint of trade or unfair competition are prohibited. Establishment and operation of vital industries. Sections 18-19. Private corporations Congress can only provide for the formation. Ronald To whom granted: 1. By incorporation under the general corporation law. MONOPOLIES 1. No need for just compensation because it is only temporary. when public interest so requires. 2. Temporary takeover or direction of operations: A. Gem. The State may either regulate or prohibit monopolies.

reserve to Filipino citizens or to corporations 60% Filipino owned (or even higher) certain investment areas. Corporations incorporated in RP. Thel. and 2) Closer regulation of the acquisition. Alien heirs as transferees in case of intestate succession. Congress may. Practice of ALL Professions Mass Media Filipino citizens only (natural persons) *Congress may. Corporations incorporated in RP. otherwise prescribe 1. with 60% Filipino ownership EXCEPT: Schools established by religious groups and mission boards. Corporations incorporated in RP. with certain legal restrictions. with 60% Filipino ownership Operation of Public Utilities Acquisition of alienable lands of the public domain 1. Gem. or 2. or 2. Ronald Filipino citizenship or equity requirements: ACTIVITY REQUIREMENTS Exploitation of natural resources CITIZENSHIP AND/OR EQUITY 1. Filipino citizens. Corporations incorporated in RP. *Congress may. Advertising Educational institution Other economic activities 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. Filipino citizens.84 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie. ownership. and 70% Filipino owned. with 60% Filipino ownership 1. Carrie. Corporations incorporated in RP. by law. and 100% Filipino owned 1. Corporations incorporated in RP. Former natural-born citizens of RP. Evelyn. Filipino citizens. Filipino citizens. Principal activities in order to achieve social justice 1) Creation of more economic opportunities and more wealth. increase Filipino equity requirements for ALL educational institutions. Filipino citizens. or 2. . or 2. by law. and 4. by law. 1. as transferees. with 60% Filipino ownership. Filipino citizens. or 2. 2. use and disposition of property in order to achieve a more equitable distribution of wealth and political power. 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. 3.

which is subject to limitation by law. . and 3) a just share of other or seasonal farmworkers in the fruits of the land. but also to “other natural resources. and conciliation proceedings mediated by government. what rights are guaranteed. CARL as an exercise of police power and power of eminent domain  To the extent that the law prescribes retention limits for landowners. Right to organize and to hold peaceful concerted activities  The right to organize is given to all kinds of workers BOTH in the PRIVATE and PUBLIC sectors. voluntary modes of settling disputes. 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. and 2) 4 members Qualifications: 1) 2) 3) 4) 5) Natural-born citizens of the Philippines. CSC. “as may be provided by law”. or COA. Ronald Labor  Section 3 of Article XIII elaborates on the provision in Article II by specifying who are protected by the Constitution. Agrarian Reform Goals: Agrarian reform must aim at 1) efficient production. and The CHR is not of the same level as the COMELEC. Right to participate in the decision making process of employers The workers have the right to participate on matters affecting their rights and benefits. Evelyn. Term of office.  The workers have a right to hold peaceful concerted activities except the right to strike. Gem. The appointment of the CHR members is NOT subject to CA confirmation. and what positive measures the state should take in order to enhance the welfare of labor.” even including the use and enjoyment of “communal marine and fishing resources” and “offshore fishing grounds”. there is an exercise of police power. grievance machineries. Majority of the Commission must be members of the Philippine Bar. This participation can be through 1) 2) 3) 4) collective bargaining agreements. The Commission on Human Rights Composition: 1) Chairman. Reach of agrarian reform  It extends not only to private agricultural lands. Thel. 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. Carrie.85 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie. other qualifications and disabilities shall be provided by law.

86 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie. but it cannot itself prosecute these cases. Carrie. within the Philippines. Therefore. education and information in order to enhance respect for the primacy of human rights. Evelyn. CHR has NO adjudicatory powers over cases involving human rights violations. office. Ronald Powers: 1) Investigate all forms of human rights violations involving civil or political rights A. Right to Education and Academic Freedom The right to education must be read in conjunction with the academic freedom of schools to require “fair. 8) Monitor compliance by the government with international treaty obligations on human rights. i. bureau. They can recommend the prosecution of human rights violators. C. CULTURE. BUT: The CHR cannot issue restraining orders or injunctions against alleged human rights violators. for disciplinary reasons. or b) The misconduct affects the student’s status. 10) Request assistance from any department. E.EDUCATION. SCIENCE AND TECHNOLOGY. CHR cannot investigate violations of social rights. B. 6) Establish continuing programs for research. 12) Perform such other functions and duties as may be provided for by law. 11) Appoint its officers and employers in accordance with law. or agency in the performance of its functions. D. A. after due process. as well as Filipinos residing abroad. 2) The right to affordable and accessible education. in accordance with the Rules of Court. 3) Cite for contempt for violations of its rules. 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. or the good name or reputation of the school. . 5) Exercise visitorial powers over jails. ARTICLE XIV . and 3) Education that is relevant to the needs of people and society. These must be obtained from the regular courts. They cannot investigate cases where no rights are violated. reasonable. 4) Provide appropriate legal measures for the protection of the human rights of all persons. Thel.” Power to Dismiss Students 1) Schools have the power to dismiss students. CHR can initiate court proceedings on behalf of victims of human rights violations.e. and provide for preventive measures and legal aid services to the underprivileged whose human rights have been violated or need protection. 2) Adopt operational guidelines and rules of procedure. Gem. 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. 7) Recommend to Congress effective measures to promote human rights and to provide compensation to victims of human rights violations or their families. squat thereon. AND SPORTS EDUCATION Goals of the State: The State shall promote and protect: 1) The right to quality education at all levels. Example: There is no right to occupy government land. prisons and other detention facilities. and equitable admission requirements. B. ARTS. C. Violations may be committed by public officers or by civilians or rebels. eviction therefrom is NOT a human rights violation.

Non-stock. 2) Elementary education is compulsory for all children of school age. Refers to line positions. Must be vested in Filipino citizens 2). Ronald 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. donations and contributions actually. subject to conditions prescribed by law. Principal. . Educational Institutions Schools have the freedom to determine: 1) Who may teach. Free Education 1) The State shall maintain a system of free education in: a) Elementary level. B. 2) This is self-executory. EXCEPTIONS: Schools established for foreign diplomatic personnel and their dependents. EXCEPT: Schools established by religious groups and mission boards. directly and exclusively used for educational purposes are exempt from taxes. including restrictions on dividends and re-investment 2) Requires an enabling statute 3) Grants. such as President. Ownership: 1). and Trustees 3). Tax Exemptions A. 2) What may be taught. the State may limit the right to enter medical school by requiring the applicants to take the NMAT. Thel. Faculty members may be foreigners. including cooperatives: 1) Entitled to exemptions as may be provided by law. Evelyn. and 4) Who may be admitted to study.87 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie. Academic Freedom A. B. Filipinization A. 2). Aliens can only comprise up to 1/3 of total enrollment. Corporations incorporated in RP and 60% Filipino-owned. Proprietary educational institutions. II. e. endowments. and b) High school level. However. III. and unless otherwise provided for by law for other foreign temporary residents. directly and exclusively used for educational purposes are exempt from taxes and duties. non-profit educational institutions: 1) All revenues and assets actually. Congress may increase Filipino equity requirements in ALL educational institutions. Gem. Control and Administration: 1). 3) How it shall be taught. 3).g. Educational Institutions I. or 2). Filipino citizens. Dean. Carrie. GENERAL RULE: Cannot establish school exclusively for aliens. Student Population: 1). C. this is a moral rather than a legal compulsion.

Ronald B. 2) Congress may. adopt a new: (a) Name for the country. Students They have the right to enjoy in school the guarantees of the Bill of Rights. D. ARTICLE XVI . Evelyn.88 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie. and 4) WITHOUT ADDITIONAL COST TO THE GOVERNMENT. (b) National anthem. 3) Regional languages are auxiliary to the official languages. subject to the adequate performance of their other academic duties. 2). and unless otherwise provided by law. . but they should be careful not to introduce into their teaching controversial matter which has no relation to their subjects. 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. Gem. or (c) National seal. Budgetary Priority: 1).GENERAL PROVISIONS Sections 1-2. 3) Instructors are designated and approved by the proper religious authorities. Note: Law will take effect upon ratification by the people in a NATIONAL REFERENDUM. 2) Freedom in the classroom in discussing their subjects. Limitations 1) Dominant police power of the State 2) Social interest of the community E. Education must be assigned the highest budgetary priority. white. 4 (Spanish and Arabic are promoted only on an optional and voluntary basis. by law. Thel.  With a sun and 3 stars  The design may be changed by constitutional amendment. 2) Taught within regular class hours. BUT: This command is not absolute. and blue. English. Symbols of Nationality 1) Flag  Red. then they are free from institutional censorship or discipline. Carrie. C. Section 6. Faculty members 1) Full freedom in research and in the publication of the results. Language 1) National language: Filipino 2) Official Languages: Filipino. 3) When faculty members speak or write in their capacity as citizens. 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.

The contract must be entered into by the proper officer and within the scope of his authority. Evelyn.89 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie. then the money can be garnished. Thel. which creates liability against the State when it acts through a special agent. 2) When considered a suit against the State a). The State enters into a private contract. arrastre services) b). without malice. Suits against an un-incorporated government agency. they are not personally liable. a). Suit against an incorporated government agency. Garnishment of government funds: 1) GENERAL RULE: NO. or beyond the scope of his authority. The law expressly grants the authority to sue the State or any of its agencies. ii. Examples: a). but is such that ultimate liability shall devolve on the government i. 3) This rule applies not only in favor of the Philippines but also in favor of foreign states. Suit is against a government official. 3). Gem. 2) EXCEPTION: A law or ordinance has been enacted appropriating a specific amount to pay a valid government obligation. The State enters into an operation that is essentially a business operation. When a public officer acts in bad faith. UNLESS: The suit is entered into only to resist a claim. a) This is because they generally conduct propriety business operations and have charters which grant them a separate juridical personality. 2). Express consent: 1). Whether the money is deposited by way of general or special deposit. The Republic is sued by name. 2). Consent to be sued A. UNLESS: The operation is incidental to the performance of a governmental function (e. with the State as one of the defendants being compelled to interplead. he can be held personally liable for damages. b). UNLESS: The contract is merely incidental to the performance of a governmental function. a).” b). Implied consent: 1). Carrie. 4). they remain government funds and are not subject to garnishment. even if its charter contains no express “sue or be sued” clause. or bad faith. and the suit is really one against the State. The State files suit against a private party. negligence. the latter can generally be sued. Art. A law creating a government body expressly providing that such body “may sue or be sued. 4) The rule likewise prohibits a person from filing for interpleader. Ronald Section 3. b). c). BUT: If he acted pursuant to his official duties. Thus. B. .g. when the State conducts business operations through a GOCC. State Immunity Suability of State 1) The State cannot be sued without its consent. 2180 of the Civil Code.

Ronald 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. repeal or amend or ordinary laws or statutes (as opposed to organic law). including GOCCs or their subsidiaries. Constituent power v. Its main purpose is to improve specific provisions of the Constitution. whereas the exercise of legislative power ordinarily needs the approval of the Chief Executive. THE ARMED FORCES OF THE PHILIPPINES Composition: A citizen armed force Prohibitions and disqualifications: 1) Military men cannot engage. by the people through initiative and referendum. Gem. Section 4.90 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie. directly or indirectly. in any partisan political activity. ARTICLE XVII. 2) Members of the AFP in active service cannot be appointed to a civilian position in the government. A revision implies substantive change. except when done by people through initiative and referendum.AMENDMENTS OR REVISIONS Definitions: 1) Amendment: an alteration of one or a few specific provisions of the Constitution. 2) Constituent power is exercised by Congress (by special constitutional conferment). 2) Even if the case is decided against the State. Reason: No money shall be paid out of the public treasury unless pursuant to an appropriation made by law. affecting the Constitution as a whole. 2) Revision: An examination of the entire Constitution to determine how and to what extent it should be altered. . the President may extend such tour of duty. Thel. Carrie. and ultimately by sovereign electorate. Evelyn. 3) The exercise of constituent power does not need the approval of the Chief Executive. Legislative power is the power to pass. also through initiative and referendum. 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. and 3) Ratification. 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. by a Constitutional Convention or Commission. 2) Submission of the proposed amendments or revisions. an award cannot be satisfied by writs of execution or garnishment against public funds. whereas legislative power is an ordinary power of Congress and of the people. except to vote. The changes brought about by amendments will not affect the other provisions of the Constitution. Three (3) steps necessary to give effect to amendments and revisions: 1) Proposal of amendments or revisions by the proper constituent assembly.

2) Since these constituent assemblies owe their existence to the Constitution. C.exercising its ordinary legislative power . it is a political question. calls for a ConCon but does not provide the details for the calling of such ConCon. Carrie. Congress may call a ConCon by a 2/3 vote of all its members. acting as a constituent assembly. Proposal of Revisions 1) By Congress.  The only reason Congress can exercise such power is that the Constitution has granted it such power. By a majority vote of all its members. Congress. the courts may determine whether the assembly has acted in accordance with the Constitution. But in so doing. Evelyn. B. Money may be spent from the treasury only to pursuant to an appropriation made by law. 3) Limitation: It cannot be exercised oftener than once every 5 years. Congress may submit to the electorate the question of whether to call a ConCon or not.  The power of Congress to propose amendments is NOT part of its ordinary legislative power. In other words. 3) Examples of justiciable issues: a) Whether a proposal was approved by the required number of votes in Congress (acting as a constituent assembly). Thel. acting as a constituent assembly. Gem. 2) Every legislative district represented by at least 3% of the registered voters therein. as a constituent assembly and the ConCon have no power to appropriate money for their expenses. Ronald Proposal of amendments: Amendments may be proposed by: A.91 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie. Note: 1) While the substance of the proposals made by each type of constituent assembly is not subject to judicial review. People’s Initiative 1) Petition to propose such amendments must be signed be at least 12% of ALL registered voters. 4) If Congress. upon a vote of 3/4 of its members 2) By a constitutional convention .may supply such details. 5) Congress. Constitutional Convention: 1) How a Constitutional Convention may be called a). or b). the manner the proposals are made is subject to judicial review. Congress . Congress (as legislature) should not transgress the resolution of Congress acting as a constituent assemble. because the Constitution has provided for vote requirements. 3) BUT: The manner of calling a ConCon is subject to judicial review. 2) Choice of which constituent assembly (either Congress or ConCon) should initiate amendments and revisions is left to the discretion of Congress. b) Whether the approved proposals were properly submitted to the people for ratification. by a 3/4 vote of all its members.

Military bases agreements 1) Renewals of military bases agreements must be through a strict treaty. There cannot be a piece-meal ratification of amendments/revisions. d) Presidential proclamation is NOT required for effectivity of amendments/revisions. Gem. which was the day the people cast their votes ratifying the Constitution. . ARTICLE XVIII . Evelyn. Thel. Ronald Ratification 1) Amendments and revisions proposed by Congress and/or by a ConCon: a) Valid when ratified by a MAJORITY of votes cast in a plebiscite. Thus.  According to the SC. 4) Issues regarding ratification: a) The Constitution does not require that amendments and revisions be submitted to the people in a special election. b) Plebiscite is held not earlier than 60 days nor later than 90 days after the certification by COMELEC of the petition's sufficiency. 2) Ratification of the agreement in a plebiscite is necessary only when Congress so requires. 1987. That Congress could have done better does not make the steps taken unconstitutional. this took place on February 2. b) Supervised by the COMELEC. 3) Section 25 of Article XVIII allows possible local deployment of only AMERICAN forces. they may be submitted for ratification simultaneously with a general election. UNLESS the proposed amendments/revisions so provide. 3) Requisites of a valid ratification: a) Held in a plebiscite conducted under the election law. b) Plebiscite is held not earlier than 60 days nor later than 90 days from the approval of such amendments or revisions. 2) Amendments proposed by the people via initiative: a) Valid when ratified by a MAJORITY of votes cast in a plebiscite. c) All the proposed amendments/revisions made by the constituent assemblies must be submitted for ratification in one single plebiscite. and c) Where only franchised voters (registered) voters take part.92 POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie.TRANSITORY PROVISIONS Effectivity of the 1987 Constitution  The 1987 Constitution took effect immediately upon its ratification. Carrie. b) The determination of the conditions under which proposed amendments/revisions are submitted to the people falls within the legislative sphere.

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