SAN BEDA COLLEGE OF LAW, 2000-2001

MEMORY AID IN POLITICAL LAW
Any form of reproduction of this copy is strictly prohibited!!!

CONSTITUTIONAL LAW
I. STATE
∗ a community of persons, more or less numerous, permanently occupying a definite portion of territory, independent of external controls, and possessing a government to which a great body of inhabitants render habitual obedience ( CIR v. Campos-Rueda, 42 SCRA 23).

government and maintains against the will of the latter;

itself

2. Government of paramount force – established and maintained by military forces who invade and occupy a territory of the enemy in the course of war; and 3. Independent government established by the inhabitants of the country who rise in insurrection against the parent state (Ko Kim Chan v. Valdez Tan Keh, 75 Phil. 113). 4. Sovereignty – supreme and uncontrollable power inherent in a State by which that State is governed. Kinds: a. legal and political; and b. internal and external Effect of Belligerent Occupation – There is no change in sovereignty. However, political laws, except those of treason, are suspended; but municipal laws remain in force unless changed by the belligerent occupant. At the end of the occupation, political laws are automatically revived (doctrine of jus postliminium) (Peralta v. Director of Prisons, 75 Phil. 285; Laurel v. Misa, 77 Phil. 856).

Elements of a State:
1. People – inhabitants of the State, the number of which is capable for selfsufficiency and self-defense. 2. Territory – fixed portion of the surface of the earth inhabited by the people of the State; 3. Government – agency or instrumentality through which the will of State is formulated, expressed and realized (US v. Dorr, 2 Phil. 332); ∗ Functions: a. constituent – compulsory because constitutive of the very bonds of society. b. ministrant – undertaken to advance general interest of society (Bacani v. NACOCO, 100 Phil. 468). Government of the Philippine Islands – is the corporate governmental entity through which the functions of government are exercised throughout the Philippines, including the various arms which political authority is made effective [Sec. 2 (1) Administrative Code of 1987]. Doctrine of Parens Patriae – government as guardian of the rights of People (Government of Philippines Islands v. Monte de Piedad, 35 SCRA 738).

FUNDAMENTAL POWERS OF THE STATE
Inherent Powers of the State:

I.

Classification of governments:
a. de jure – has a rightful title but no power or control, either, because same has been withdrawn from it or because same has not yet actually entered into the exercise thereof. b. de facto – actually exercises power or control but without legal title ( Lawyers League for a Better Philippines v. Aquino, G.R. No. 73748, May 22, 1986). Kinds: 1. De facto proper – government that gets possession and control of, or usurps, by force or by the voice of the majority, the rightful legal Page 2

POLICE POWER power promoting public welfare by restraining and regulating the use of liberty and property (Law of overruling necessity).

Scope: most pervasive, least limitable and most demanding; premised on legal maxim : salus populi est suprema lex Basis: public necessity and right of State and of public to self- protection and self-preservation Who may exercise: generally, the legislature but also 1) the President, 2) Administrative bodies, and 3) Law-making bodies of LGU’s

Political law Memory Aid Committee: Jose Panganiban Jr., Saben Loyola, Marissa Saba, Brian Fernandez, Ma. Janis Garcia, VN Garcia, Elizabeth Adaoag, Ryan Besid, Liam Pagdanganan, Roy Reyes, Jerome Lanuzo, Maricris Porciuncula, Rita Alfaro, Edward Ramos, Jun Nunag, VN Esguera, Pancho Vazquez, Ma. Penelope Terencio, JV Ocampo, Ket Dino, Ma. Leonora R. Tabladillo

and 2) President. 2) Law-making bodies of LGU’s. 4. utilization of property must be in a way so as to oust owner and deprive him of beneficial enjoyment of the property. and 4) Quasi-public Corporations Scope: covers persons. Pancho Vazquez.. Jun Nunag. expropriator must enter a private property. Inherent limitations • Public purpose. Saben Loyola. minus the consequential benefits. equitability. supervision and control of his property Basis: power emanating from necessity Who may exercise: generally. Ma. owner is deprived of ordinary use of his property. and • Non-infringement of religious freedom. property. and progressivity of taxation • Non-impairment of contracts. • Equal protection of law. owner actually deprived or dispossessed of his property 2. Elizabeth Adaoag. ∗ POWER OF TAXATION Basis: necessity of the property for public use power by which State raises revenue to defray necessary expenses of the Government. Ma. Penelope Terencio. the legislature but also 1) the President. Edward Ramos. entry must be for more than momentary period. and tariff bills. • Rule on non-imprisonment for nonpayment of poll tax. there is practical destruction or a material impairment of value of property 3. Janis Garcia. Political law Memory Aid Committee: Jose Panganiban Jr. 28 (2) of the Constitution Limitations to Power of Taxation: 1. from Public Use ∗ has been broadened to include not only uses directly available to the public but also those which redound to their indirect benefit. Requisites of taking: 1. and 5. Sec. Liam Pagdanganan. Ryan Besid. Ma. 3. Marissa Saba. ∗ POWER OF EMINENT DOMAIN power of State to forcibly take private property for public use upon payment of just compensation “Fair market value” – the price that maybe agreed upon by parties who are willing but are not compelled to enter into a contract of sale “Consequential damages” – consists of injuries directly caused on the residue of the private property taken by reason of expropriation Scope: highest and the 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 government (expropriation) III. Just Compensation ∗ ∗ full and fair equivalent of the property taken property. Rita Alfaro. 2. revenue. VI. JV Ocampo. VN Garcia. Tabladillo . • Exemption of government taxation. • Territoriality or situs of taxation. owner is deprived of jurisdiction. to which must be added the consequential damages. Jerome Lanuzo.SAN BEDA COLLEGE OF LAW. • Origin of appropriation. Ket Dino. or occupation to be taxed within taxing jurisdiction There is taking when: 1. Roy Reyes. • Uniformity. and 4. the legislature but also 1) Lawmaking bodies of LGU’s. Who may exercise: generally. but in no case will Page 3 2. Brian Fernandez. • Non-delegability of power. Maricris Porciuncula. 2000-2001 MEMORY AID IN POLITICAL LAW Any form of reproduction of this copy is strictly prohibited!!! the consequential benefits consequential damages exceed the II. VN Esguera. and • International comity. entry must be under warrant or color of authority. Constitutional limitations • Due process of law. Leonora R. 3) Public Corporations. property must be devoted to public use. under under Art.

amount limited to cost of permit and police regulation 3. ED. Ma. Brian Fernandez. Marissa Saba. revenue measure 2. LICENSE FEES 1. business becomes illegal Distinctions (PP. Regulates both liberty and property 2. Tabladillo . Maricris Porciuncula. rate or amount to be collected unlimited provided not confiscatory 3. ED. Jun Nunag. Roy Reyes. Saben Loyola. Liam Pagdanganan. imposed on persons or property 4. Janis Garcia.SAN BEDA COLLEGE OF LAW. VN Garcia. PT): POLICE POWER EMINENT DOMAIN TAXATION Page 4 Political law Memory Aid Committee: Jose Panganiban Jr. Ma. Rita Alfaro. Edward Ramos. 2000-2001 MEMORY AID IN POLITICAL LAW Any form of reproduction of this copy is strictly prohibited!!! Distinction between tax and license fees TAX 1. Exercised only by the Government 3. PT): POLICE POWER 1. police measure 2. Ryan Besid. paid for privilege of doing something but privilege is revocable 4. Property taken is intended for a noxious purpose and is destroyed 4. VN Esguera. altruistic feeling that the individual has contributed to the public good EMINENT DOMAIN Affects only property rights Maybe exercised by private entities Property is wholesome and is devoted to public use or purpose Compensati-on is full and fair equivalent of the property taken TAXATION Affects only property rights Exercised only by the Government Property is wholesome and is devoted to public use or purpose Compensati-on is the protection and public improvements instituted by the government for the taxes paid Requisites (PP.. JV Ocampo. Leonora R. if unpaid. Ket Dino. business or activity does not become illegal. Compens-ation is the intangible. Elizabeth Adaoag. Pancho Vazquez. Jerome Lanuzo. if unpaid. Penelope Terencio. Ma.

Marissa Saba. • between. 2. Reviewer in Political Law. 57). Brian Fernandez. Jerome Lanuzo. all other territories over which the Philippines has sovereignty or jurisdiction. either the person or property taxed shall be within the jurisdiction of taxing authority 4. 1996 ed. Such that all islands enclosed within the baseline form part of the territory and “the waters around. Archipelago Doctrine – integration of a group of islands to the sea and their oneness so that together they can constitute one unit. SEPARATION OF POWERS ∗ to prevent concentration of authority in one person or group of persons that might lead to irreparable error or abuse in exercise to the detriment of republican institutions (Pangasinan Transportation Co. 18). VN Garcia. Sec. Ma. Foreign armies passing through or stationed in its territory with its permission. and • connecting the islands of the archipelago. 4. Maricris Porciuncula.. and • aerial domain. Foreign state property. private property 3. and • other marine areas. between and connecting the islands of the archipelago regardless of their breadth and dimensions. 3. • fluvial. tax shall be uniform 3. consuls. JV Ocampo. 5. Ma. 1). 1996 ed. Art.if exercised by congress: political question . Jun Nunag.SAN BEDA COLLEGE OF LAW. that in assessment and collection of certain taxes. Leonora R.. p. Foreign states. dictates interdependence and equality among the 3 branches of government. regardless of (i) breadth. An imaginary single baseline is drawn around the islands by joining appropriate points of the outermost islands of the archipelago with straight lines. Territorial Jurisdiction Page 5 Political law Memory Aid Committee: Jose Panganiban Jr.G. ∗ ∗ II. certain guarantees against injuries to individuals. due process of law ∗ 1. including their embassies. Acts of states. Such other persons and property. v. Liam Pagdanganan. Ket Dino. Ryan Besid. over which the state may. Lawful means When exercised by a delegate: 3. consisting of its: • terrestrial. power of the state over persons and thing within its territory. with all the islands and waters embraced therein. and to certain degree. Waters: • around. especially by way of notice and opportunity for hearing shall be provided Article I : NATIONAL TERRITORY I. Pancho Vazquez. Janis Garcia. consulates and public vessels engaged in non-commercial activities. Philippine archipelago. just compensation 6. Roy Reyes. 40 O. diplomatic representatives. and (ii) dimensions • form part of the internal waters of the Philippines. Tabladillo . Within the territorial limits 5. one country. Public Service Commission. p. Edward Ramos. including its: • sea bed. Reviewer in Political Law. Elizabeth Adaoag. Ma. • subsoil. 1. 1. • insular shelves. 2000-2001 MEMORY AID IN POLITICAL LAW Any form of reproduction of this copy is strictly prohibited!!! 1. 37). Rita Alfaro. Necessity . by agreement. taking in the constitutional sense 4. Express grant by law 4. Foreign merchant vessels exercising their rights of innocent passage or involuntary entry. 3. 8th Supp. 2. waive jurisdiction (Nachura. form part of the internal waters of the Philippines” (2nd sentence. and one state. public use 5. 4. and 6. Must not be contrary to law 1. head of states. There are instances when powers are not confined exclusively within one department but are assigned to or shared by several departments. Entities exempt from this control are: Article II : PRINCIPLES AND STATE POLICIES I. VN Esguera. Saben Loyola. TERRITORY OF THE PHILIPPINES: 1.. such as arrival under distress. Lawful subject 2. Penelope Terencio. tax must be for public purpose 2. This is commonly called the Blending of Powers (Nachura.if exercised by delegate: justiciable question 2.

directly and exclusively used for religious. Art. IV . and amity with all nations. Churches. Ryan Besid. II.. Marissa Saba. Prohibition against appropriation for sectarian purposes. XVII. No sectoral representative from religious sector [Sec. Ma.. except those established by religious groups and mission board [Sec. ART. Art. AUTONOMY OF LOCAL GOVERNMENTS (SEC. ART. IX-C). Janis Garcia. etc. SEPARATION OF CHURCH AND STATE (SEC. Sec. Delegation to the people [Sec. RA 6753]. Emergency powers of President [Sec. RULE: Potestas delegata non potest delegare ∗ premised on the ethical principle that delegated power constitutes not only a right but a duty to be performed by the delegate through the instrumentality of his own judgment and not through the intervening mind of another. Ket Dino. Jerome Lanuzo. Freedom of religion clause (Sec.SAN BEDA COLLEGE OF LAW. Completeness test – law must be complete in all essential terms and conditions so that there is nothing for delegate to do except enforce it. Mangelin. Edward Ramos. XIV]. RA 7160). 23 (2). Art. 6. personages. VI]. X) Decentralization of Administration – delegation of administrative powers to local government unit in order to broaden the base of governmental powers. Religious sect cannot be registered as political party [Sec. VII] 3. b. 3.. Ma. and 4. 2000-2001 MEMORY AID IN POLITICAL LAW Any form of reproduction of this copy is strictly prohibited!!! ∗ The principle of check and balances : allows one department to resist encroachments upon its prerogatives or to rectify mistakes or excess committed by the other departments. 5. plebiscite – electoral process by which initiative on the Constitution is approved or rejected by the people. X. Art. equality. Art. Saben Loyola. JV Ocampo. Leonora R. Pancho Vazquez. charitable and educational purposes shall be exempt from taxation [Sec. Non-establishment of religion clause. Art. actually. Sufficient standard test – map out the boundaries of delegate’s authority by defining legislative policy and indicating circumstances under which it is to be pursued (Pelaez v. 29 (2). 170 SCRA 786). Elizabeth Adaoag. Art. 5 (2). and 3. III. VII] 2. 32. EXCEPTIONS: Permissible delegation: (Key: PETAL) T E P 1. DELEGATION OF POWERS GEN. Delegation to administrative bodies (power of subordinate legislation). except when. justice. 2. III). L A 4. ART. cooperation. VI]. 2. Jun Nunag. adheres to the policy of peace. Tariff powers of the President [Sec. Exceptions: 1. and 5. Rita Alfaro. Page 6 Political law Memory Aid Committee: Jose Panganiban Jr. ART. 10. 2. Penelope Terencio. Art. 28 (2). is assigned to the armed forces. 4 (2). Art. 15 SCRA 569). V. STATE PRINCIPLES REGARDING FOREIGN POLICY (SEC. Maricris Porciuncula. 28 (3). freedom. VN Esguera. II. Ma. Liam Pagdanganan. Art. 3 (3). or to any penal institution or government orphanage or leprosarium [Sec. Roy Reyes. Delegation to Local Government units (Art X. 25. Art. 4. priest etc. 2. VI. adopts the generally accepted principles of international law as part of the law of the land (incorporation clause). Auditor General. Brian Fernandez. Filipino ownership requirement for educational institutions. Decentralization of Powers – abdication of national government powers (Limbonas v. referendum – power of electorate to approve or reject a legislation through an election called for that purpose. renounces war as an instrument of national policy. 3. Tabladillo . Sec. 2. VI]. VN Garcia. Tests for Valid Delegation: 1. II) • Reinforced by: 1. 2. 2 (5) Art. II) 1. Kinds of permissive delegation to the people: a. XIV]. Optional religious instruction for public elementary and high school students [Sec.

Maricris Porciuncula. initiatives shall extend only to subjects or matters which are within the legal powers of the local legislative bodies to enact. 1. Ket Dino. cities and Metro Manila area. Initiative on Local Legislation – refers to the petition proposing to enact a regional. House of Representatives Composition : not more than 250 members. Resident for not less than 2 years immediately preceding the day of the election Term of Office: 6 years. Tabladillo II. Initiative on the Constitution – refers to a petition proposing amendments to the Constitution. At least 35 years old on the day of election. B. the initiative shall be cancelled. VN Garcia.. VN Esguera. Roy Reyes. COMPOSITION OF CONGRESS (SEC. Saben Loyola. except to the extent reserved to the people by provision on initiative and referendum. A registered voter. “Plebiscite” – submission of constitutional amendments or important legislative measure to the people for ratification. 2000-2001 MEMORY AID IN POLITICAL LAW Any form of reproduction of this copy is strictly prohibited!!! Congress or the local legislative body for action. Referendum on Statutes – refers to a petition to approve or reject an act or law. Classes of Referendum: 1. ART. VI) 1. Classes of initiative: 1. (Sec. 3. passed by Congress. unless otherwise provided by law. JV Ocampo. municipality or barangay law. Art. VI]. Senate Composition : 24 Senators elected at large by qualified voters (Sec. Initiative – power of the people to propose amendments to the Constitution or to propose and enact legislation through an election called for the purpose (RA 6736). In case of barangays. Party-list Representative – constitutes 20% of total number of representatives. 2. Penelope Terencio. Elizabeth Adaoag. the local legislative body shall adopt in toto the proposition presented. RA 7160) “Indirect Initiative” – exercise of initiative by the people through a proposition sent to Page 7 Political law Memory Aid Committee: Jose Panganiban Jr. modified or amended by the sanggunian within 6 months from the date of approval thereof. power of local initiative shall not be exercised more than once a year. VI) 2. Vested in Congress. and may be amended . enact. Art. or part thereof. Art VI) Qualifications of Senators 1. A. Leonora R. 5 (1) and (2). Liam Pagdanganan. 2. 2. Janis Garcia. Marissa Saba. Pancho Vazquez. Ma. Natural-born citizen.SAN BEDA COLLEGE OF LAW. and 5. Referendum on Local Laws – refers to a petition to approve or reject a law. resolution or ordinance. Initiative on Statutes – refers to a petition proposing to enact a national legislation. 3. Limitations: a. Edward Ramos. District Representative – elected from legislative districts apportioned among provinces. Referendum – power of the electorate to approve or reject legislation through an election called for that purpose. Rita Alfaro. the period shall be 18 months after approval. elected through a party-list system of registered national. Ryan Besid. 3. 125. b. modified or repealed within 3 years thereafter by a vote of ¾ of all its members. Ma. amend and repeal laws. and 2. Limitation on Local Legislative Body vis-avis Local Initiative: Any proposition or ordinance approved through an initiative and referendum shall not be repealed. resolution or ordinance enacted by regional assemblies and local legislative bodies. b. city. maximum of 2 consecutive terms (Sec. Brian Fernandez. Able to read and write. provincial. Article VI : LEGISLATIVE DEPARTMENT I. . consisting of : a. Jun Nunag. Ma. and c. if at anytime before the initiative is held. regional and sectoral parties or organizations [Sec. Jerome Lanuzo. 4. LEGISLATIVE POWER • • power to propose.

and 4. 18. Rita Alfaro. • Each city with not less than 250 thousand inhabitants. (ii) determine President’s disability (Sec. • Each province. Ma. Except party-list representative. franchise or special privilege granted by the Government. 14. 2. 3. 7. etc. Forbidden Office – may not be appointed to any office created or compensation thereof increased during the term for which he was elected. (v) proposing constitutional amendments (Sec. 11. 2000-2001 MEMORY AID IN POLITICAL LAW Any form of reproduction of this copy is strictly prohibited!!! ∗ For 3 consecutive terms after ratification of Constitution. VII). 13. VI) Rules on Apportionment of Legislative Districts [Sec. 2. VI). Special – called by the President. III. (2) to revoke or extend declaration of martial law (Sec. Art. VI]. 1. Ma. Jun Nunag. Ma. voting jointly – (1) to revoke or extend proclamation suspending the privilege of writ of habeas corpus (Sec. subject to confirmation of Commission on Appointments (Sec. Each district must be contiguous. Joint sessions – a. 3. except religious sector. Natural-born citizen. entitled to at least 1 representative. XVIII) IV. SESSIONS (SEC. 5 (3) and (4). 18. 2. VI). 1. 186) 3. without the consent of the other. Art. one half of all seats allocated to party-list representatives shall be filled by selection from the labor. Pancho Vazquez. voting separately (i) choosing the President (Sec. Shall not intervene in any matter before any office in government for his pecuniary benefit or where he may be called upon to act on account of his office. 4. Gerrymandering is not allowed. Art. Saben Loyola. adjourn for more than 3 days. “Gerrymandering” – formation of one legislative district out of separate territories for the purpose of favoring a candidate or a party (Bernas. VN Garcia. Roy Reyes. 4. Elizabeth Adaoag. DISQUALIFICATION AND INHIBITIONS (SEC. Art. RPC) 2. Reviewer in Philippine Constitution. VI) 1. directly or indirectly. Art. Art. 6. Freedom from arrest – while Congress is in session for offense punished by not more that 6 years imprisonment (Art. P. compact and adjacent. Tabladillo . Able to read and write. peasant. Regular – convene once every year. 16 (5). VI) 1. ART. VN Esguera. Privilege of speech and of debate – not to be questioned nor held liable in any other place for any speech or debate in Congress or in any committee thereof. years IV. VI) 1. nor any other place than that in which the two Chambers shall be sitting [Sec. 5. VI] 1. be financially interested in any contract with. Cannot appear as counsel before any court or before the Electoral Tribunals. 2. VII). Page 8 Political law Memory Aid Committee: Jose Panganiban Jr. Art. maximum 3 consecutive terms (Sec. Liam Pagdanganan. VI). Ket Dino. JV Ocampo. 7. Qualifications of Representatives (Sec. ART. Jerome Lanuzo. Leonora R. Maricris Porciuncula. 4. Until law is passed providing for such party-list system. Adjournment Sine Die – interval between the session of one Congress and that of another. Marissa Saba. irrespective of the number of inhabitants. Edward Ramos. Term of Office : 3 years. Maintain proportional representation based on number of inhabitants. registered voter of district. ART. The 4 th Monday of July until 30 days before the start of new regular session. b. Ryan Besid. At least 25 years old on the day of election. quasijudicial or other administrative bodies. Shall not. Resident thereof for not less than 1 year from day of election. Art. Art. Penelope Terencio.SAN BEDA COLLEGE OF LAW. Art. Art. Art.. XVII). 11. Adjournment – neither Chamber during session. (iv) declaring existence of a state of war (Sec. (iii) confirming nomination of VicePresident (Sec. PRIVILEGES OF MEMBERS OF CONGRESS (SEC. entitled to at least 1representative.. President may appoint them. Reapportionment within 3 following return of every census. 9. Janis Garcia. 23. 3. VI). VI) 1. Incompatible Office – may not hold office or employment in government during his term without forfeiting his seat. Brian Fernandez. 145.

IX. suspend (for not more than 60 days) or expel a member. e. Roy Reyes. 56 SCRA 714) Political law Memory Aid Committee: Jose Panganiban Jr. 16 (3). b. Ma.. 2. ART. which under the Constitution. XI. Power of Electoral Tribunals: Sole judge of all contests relating to the election. 17. give concurrence to treaties and amnesties. ART. COMMISSION ON APPOINTMENTS (SEC. CONGRESSIONAL ELECTORAL TRIBUNALS (SET OR HRET) (SEC. Pancho Vazquez. VI] Senate : ∗ ∗ Senate President – elected by majority vote of respective members Such other officers as they may deem necessary X. Jun Nunag. VN Garcia. c. Jerome Lanuzo. taxation and expropriation. yeas and nays on repassing a bill vetoed by President. 16 (4). 2. Maricris Porciuncula. 3. VN Esguera. POWERS OF CONGRESS Classification of Powers: 1. Janis Garcia. Rita Alfaro. except to matters. Ma. MATTERS MANDATED BY CONSTITUTION TO BE ENTERED INTO THE JOURNAL [SEC.  Member chosen by Chamber concerned enjoys security of tenure and cannot be removed by mere change of party affiliation House of Representative: ∗ ∗ Speaker of the House – elected by majority vote of respective members. d. VI)] ∗ ∗ Majority of each house Smaller number may adjourn from day to day and may compel attendance. Saben Loyola. Lopez Vito. 18. Page 9 NOTE: Journal Entry vs. and 6 members of the Chamber concerned (Senate or HR) chosen on the basis of proportional representation from political parties registered under the party-list system  Senior Justice shall act as Chairman. Ket Dino. Such other officers as they may deem necessary ∗ VII. elected by each house on the basis of proportional representation from the political parties registered under the party-list system represented therein. ART. Elizabeth Adaoag. JV Ocampo. with the concurrence of 2/3 of all its members. Enrolled Bill ∗ Enrolled bill prevails. Ryan Besid.  Senate President as ex-officio chairman. Non-Legislative – includes power to: a. declare existence of a state of war. Brian Fernandez. Tabladillo . returns and qualification of their respective members. canvass presidential elections. Ma. VI) Composition: ∗ ∗ 3 Supreme Court Justices designated by Chief Justice. ART. Marissa Saba. VI] 1. DISCIPLINE OF MEMBERS [SEC. QUORUM [SEC. VI) Composition: ∗ 12 Senators and 12 members of the House of Representative. ∗ Enrolled Bill – conclusive upon courts as regards the tenor of the measure passed by Congress and approved by the President (Mabanag v. must be entered into the Journal (Astorga v. VIII. yeas and nays on any question at the request of 1/5 of members present.  Chairman shall NOT vote except in case of tie. and 4. impeach. ART. Edward Ramos.includes specific power of appropriation. veto message of President. 16(1). Leonora R. 2000-2001 MEMORY AID IN POLITICAL LAW Any form of reproduction of this copy is strictly prohibited!!! VI. 1) Powers: ∗ ∗ Shall act on all appointments submitted to it within 30 session days of Congress from their submission. XII. Penelope Terencio. 16 (2).SAN BEDA COLLEGE OF LAW. Liam Pagdanganan. and. and Power to promulgate its own rules of proceedings. ART. propose constitutional amendments. 78 Phil. Villegas. VI] ∗ Each house may punish its members for disorderly behavior. OFFICERS [SEC. yeas and nays on third and final reading of a bill. Legislative .

revoke or extend proclamation of suspension of privilege of writ of habeas corpus or declaration of martial law (to revoke = legislative veto) Limitations on the Powers of Congress: 1. revenue and tariff bill (RAT Bills) should exclusively originate form the House of Representative (Sec. 25 and 29 (1) and (2). Jun Nunag. Leonora R. and e. except for priests. Constitutional Rules on General Appropriations Laws (Sec. 21. XIII. Procedural – a. Ma. etc. Prohibition against transfer of appropriations (doctrine of augmentation). c. III) (ii) on appropriations [Sec. Janis Garcia. Elizabeth Adaoag. VI]. 3. 2. etc. right of person appearing in. 25. and Private bills Special Page 10 Political law Memory Aid Committee: Jose Panganiban Jr. must specify public purpose. Express: (i) bill of rights (Art. Art. 2. Constitutional Limitations Appropriations Measures: on be Bills that must originate form the House of Representative: 1. 2. Art. Sec 4 (3). Art. No provision or enactment shall be embraced unless it relates specifically to some particular appropriations therein. VI]. Art. 5. must be in aid of legislation. Ket Dino. b. sect. 7. content and manner of preparation of budget shall be provided by law. must specify public purpose for which the sum was intended. 6.. 2. VI) (v) no law granting title of royalty or nobility shall be passed (Sec. only one subject. Jerome Lanuzo. must be supported by funds actually available as certified by National Treasurer or to be raised by corresponding revenue proposal included therein. sum authorized for release must determinate. Pancho Vazquez. 26(1). penal institutions. VI) 1. Ma. Penelope Terencio. VI) 1. b. Form. in accordance with duly published rules of procedures. and (ii) non-delegation of powers. Roy Reyes. 2000-2001 MEMORY AID IN POLITICAL LAW Any form of reproduction of this copy is strictly prohibited!!! f.. upon its last reading . LEGISLATIVE PROCESS Requirement : Bill must have only one subject which must be stated in the title thereof. 31. Art. Automatic re-appropriation. Congress may not increase appropriations recommended by the President for operations of Government. VN Esguera. no amendment allowed and the vote thereon taken immediately and the yeas and nays entered into the Journal [Sec. Substantive – a. VI) (vi) no specific funds shall be appropriated or paid for use or benefit of any religion. Bill of local application. Liam Pagdanganan. JV Ocampo. d. Implied: (i) prohibition against irrepealable laws. is to authorize release of public funds from treasury. Heads of Constitutional Commissions – • may. 24. to be stated in the title of the bill [Sec. 3 readings on separate days. Brian Fernandez. 2. Rita Alfaro. VI) 1. 30. Chief Justice. Saben Loyola. and b. VI] (iii) on taxation [Sec. Maricris Porciuncula. “Legislative Investigation” Limitations on Power of Legislative Investigation (Sec. except if President certifies to its immediate enactment to meet a public calamity or emergency. President. or at least determinable..SAN BEDA COLLEGE OF LAW. c. VI. or affected by such inquiry shall be respected. Ma. Tabladillo . Art. Implied Limitations on Appropriation Power: 1. the primary and specific purpose of which. Speaker of the House of Representative. Procedure for approving appropriations for Congress shall be the same as that of other departments – to prevent sub-rosa appropriations by Congress. 4. 4. assigned to AFP. printed copies of the bill in its final form distributed to members 3 days before its passage. Appropriations bill Revenue and tariff bills Bill authorizing increase in public debts. 5. 2. Art. Art. be authorized to augment any item in the general appropriations law for their respective offices from savings in other items of their respective appropriations. 26(2). Prohibitions against appropriations for sectarian benefit. Marissa Saba. 28 and 29 (3). Art. Senate President. Ryan Besid. etc. Art. however: a. XIV] (iv) on constitutional appellate jurisdiction of Supreme Court (Sec. and 3. Edward Ramos. appropriation. “Power of Appropriation” Appropriations Law ∗ a statute. by law. 3. VN Garcia.

Ryan Besid. VII) 1. avoid nepotism.. 3. need not be confirmed. or be financially interested in any contract with. Art. participate in any business. Veto may be overridden upon vote of 2/3 of all members of the House of origin and other house. GOCC’s or their subsidiaries. Death 2. 2000-2001 MEMORY AID IN POLITICAL LAW Any form of reproduction of this copy is strictly prohibited!!! Approval of Bills: 1. and 3. Elizabeth Adaoag. No VP shall serve for more than two consecutive terms. 6 and 13. Immunity from Suit Vacancy during term of office CAUSES: 1. agency or instrumentality thereof. Resignation Article VII : EXECUTIVE DEPARTMENT I. natural-born citizen. THE PRESIDENT Qualifications (Sec. able to read and write. Manner of Removal : impeachment only (Sec. Penelope Terencio.SAN BEDA COLLEGE OF LAW. 191 SCRA 452). Official Residence 2. Exceptions to the exception: a. Roy Reyes. VII) 1. Removal from Office 4. Tabladillo . Enriquez. revenue. including. VP may be appointed as member of the Cabinet. 2 and 3. 3. term of office. Jun Nunag. return bill with presidential objections to the house of origin. and resident of the Philippines for at least 10 years immediately preceding the election. Ket Dino. If President vetoes. Art. avoid conflict of interest in conduct of office. Vacancy – President shall nominate a VP from among members of Senate and House of Representatives who shall assume office upon confirmation by a majority vote of all members of both Houses of Congress voting separately (Sec. Salary 3. no re-election and person having succeeded as President and has served as such for more than 4 years not qualified for the same office at any time. Bill is approved by both chambers. THE VICE-PRESIDENT Qualifications. Ma. Presidential inaction for 30 days from receipt of the bill: bill becomes a law as if the same has been signed by him Electoral Tribunal : Supreme Court Term of Office : 6 years. 4. VI) Canvassing Board: Congress ∗ In case of Tie: Congress. II. Saben Loyola. Jr. Art. Doctrine of Inappropriate Provisions – a provision that is constitutionally inappropriate for an appropriation bill may be singled out for veto even if it is not an appropriation or revenue “item” (Gonzales v. Rita Alfaro. Executive Impoundment . Art. Privileges 1. Edward Ramos. 3. Prohibitions and Inhibitions (Sec. by majority vote shall select Page 11 Political law Memory Aid Committee: Jose Panganiban Jr. VII). VN Esguera. 2. 4. or in any franchise or special privilege granted by government or any subdivision. Liam Pagdanganan. Pancho Vazquez. shall not practice any other profession.VII). 4. election. Exception: Item-veto in the case of appropriation. Maricris Porciuncula.refusal of the President to spend funds already allocated by Congress for specific purpose (Philconsa v. Ma. 2. Leonora R. Art. Jerome Lanuzo. 2.. shall not hold any other office or employment unless otherwise provided by the Constitution. VN Garcia. JV Ocampo. Brian Fernandez. Art XI) Salary : determined by law and can not be increased during his term. registered voter. He is not allowed to separate items of a bill. 4. Presidential Veto General Rule : If the President disapproves a bill enacted by Congress. 5. b. 9. shall not receive other emolument from government or any other source. 235 SCRA 544). President approves and signs it. Ma. Macaraig. Marissa Saba. he should veto the entire bill. Janis Garcia. 2. and 5. Election : elected at large by direct vote (Sec. and removal: ∗ ∗ ∗ ∗ same as President (Sec. VI]. Permanent Disability 3. 27 (2). at least 40 years of age. and tariff bills [Sec. Art.

Jun Nunag. 3. of the Interior 67 Phil 451) ). • Duration: not more than 60 days.SAN BEDA COLLEGE OF LAW. Janis Garcia. JV Ocampo.etc. all other officers of the government whose appointments are not provided for by law. Rita Alfaro. VN Esguera. 2. Marissa Saba. Liam Pagdanganan. • President’s power of general supervision over local governments could be exercised by him only as may be provided by law. Art. • Nullify. • Duty of the President to report to Congress: within 48 hours personally or in writing. confirmation by the Commission on Appointments. Roy Reyes. members of Supreme Court. b. 2. appointments made by an actingPresident shall remain effective unless revoked within 90 days from assumption of office by elected President (Sec. Tabladillo . Silvosa.. President has a duty to execute it regardless of his doubts as to its validity (Sec. Jerome Lanuzo. Elizabeth Adaoag. issuance of commission.(Sarmiento vs Mison) 5. 4. nomination by the President. Suspension of the Privilege of Writ of Habeas Corpus and Declaration of Martial Law • Grounds: invasion or rebellion. invasion or rebellion. VII). 3. or • Set aside what a substitute had done in the performance of his duties and to substitute his judgment to that of the former (Mondano v. 16. Penelope Terencio. VII). Art. Ryan Besid. ambassadors and other public ministers and consuls. acceptance by appointee. following which it shall be lifted. • organize courts martial and create military commissions. Ket Dino. MILITARY POWERS (SEC. Art. Brian Fernandez. Saben Loyola. VII) 1. Ma. VII) 2. and b. President or acting-President shall not make appointments except temporary ones to executive positions 2 months immediately before next Presidential elections and up to the end of his term. Maricris Porciuncula. Only when continued vacancy will Political law Memory Aid Committee: Jose Panganiban Jr. regular or interim Officials subject to the Appointment by the President (Sec.1 and 17 Art. 2. POWERS OF THE PRESIDENT 1. 3. “Doctrine of Qualified Political Agency or Alter Ego Principle” ∗ acts of the Secretaries of Executive departments when performed and promulgated in the regular course of business or unless disapproved or reprobated by the Chief Executive. 15. • Authority of Congress to revoke or extend the effectivity of proclamation: by majority vote of all of its members voting jointly. Edward Ramos.g. 2000-2001 MEMORY AID IN POLITICAL LAW Any form of reproduction of this copy is strictly prohibited!!! III. NOTE: numbers 1 to 4: subject to confirmation by Commission of Appointments.(e. • President shall ensure that laws are faithfully executed. VIII) a. other ministers whose appointments are vested in him by the Constitution. Pancho Vazquez. Ma.  Deemed complete upon acceptance (Lacson vs Romero 84 Phil 740) 5. 14. VN Garcia. 97 Phil. 18. POWER OF REMOVAL General rule: this power is implied from the power to appoint. EXECUTIVE POWER – power to enforce and administer laws. heads of executive departments. those whom he may be authorized by law to appoint. unless extended by Congress. • Modify.) 4. Classifications: 1. POWER OF APPOINTMENT prejudice public service or endanger public safety (Sec. Exception: those appointed by him where the Constitution prescribes certain methods for separation from public service. Commander-in –Chief clause • To call out the Armed Force to prevent or suppress lawless violence. 143). ART. Appointing Procedures: 1. and 4. POWER OF CONTROL Control – power of an office to: • Alter. Leonora R. and 6. Ombudsmanan. • Authority of the Supreme Court to inquire into the sufficiency of the Page 12 Limitations on Appointing Power: a. permanent or temporary. Ma. • Until and unless a law is declared unconstitutional . are presumptively the acts of the Chief Executive (Villena vs Sec. officers of the AFP from the rank of colonel or naval captain.

VII) Exercise by the President – discretionary. infraction of peace 2. at the instance of any citizen. 22. PARDON – act of grace which exempts individual on whom it is bestowed from punishment which the law inflicts for a crime he has committed. Proclamation does not supersede civilian authority. Janis Garcia. Penelope Terencio. Political offenses Classes of persons Requires concurrence of Congress Public act to which court may take judicial notice of Looks backward and puts to oblivion the offense itself PARDON 1. PARDONING POWER (SEC. 2. Liam Pagdanganan. ART. VI) • President shall address Congress at the opening of its regular session. and 2. looks forward and relieves the pardonee of the consequence of the offense. 11. Leonora R. Elizabeth Adaoag. Proclamation does NOT affect the right to bail.SAN BEDA COLLEGE OF LAW. • Monetary Board shall submit to Congress report on loans within 30 days from end of every quarter. if not. is residual power exercised by the President (Marcos v. VII) • within 30 days from opening of every regular session. Reprieve – postponement of sentence or stay of execution. OTHER POWERS Political law Memory Aid Committee: Jose Panganiban Jr. Person arrested must be charged within 3 days. JV Ocampo. 5. Ket Dino. Roy Reyes. but without full restoration of liberty. 4. 21. Ma. subject to such limitations as may be provided by law. ART. DIPLOMATIC POWER (SEC. cannot restore public offices forfeited. President may also appear before it at any other time. 2. unless there is a constitutional violation. BORROWING POWER (SEC. Rita Alfaro. Commutation – reduction or mitigation of the penalty. 1989) 12. Tabladillo . INFORMING POWER (SEC. ART. including receipts from existing and proposed revenue measures. and 6. Edward Ramos. ART. Limitations: 1. VN Esguera. Distinctions: Page 13 5. concurred in by the Legislature. as parolee is in the custody of the law although not in confinement. cannot be granted in cases of legislative contempt or civil contempt. AMNESTY 1. Brian Fernandez. private act which must be pleaded and proved 5. 7. Pancho Vazquez. cannot absolve convict of civil liability. 9. VII) • the President may contract or guarantee foreign loans on behalf of the Republic with the concurrence of the Monetary Board. BUDGETARY POWER (SEC. usually extended to groups of persons who committed political offenses.. 3. 6. must be released. Manglapus. VN Garcia. which puts into oblivion the offense itself. VII) • No treaty or international agreement shall be valid and effective unless concurred in by at least 2/3 of all members of Senate. President shall submit to Congress a budget of expenditures and sources of financing. may not be controlled by the legislature or reversed by the court. Pardon Classified: 1. 10. 8. Ma. whatever is not legislative. RESIDUAL POWER • Whatever is not judicial. Jerome Lanuzo. 4. Maricris Porciuncula. Jun Nunag. ART. Amnesty – act of grace. Ma.Plenary or partial. 20. Parole – release from imprisonment. Suspension applies only to persons facing charges of rebellion or offenses inherent in or directly connected with invasion. 19. Saben Loyola. 2000-2001 MEMORY AID IN POLITICAL LAW Any form of reproduction of this copy is strictly prohibited!!! • • • • factual basis for such action.Absolute or conditional. cannot be granted in cases of impeachment. 23. Ryan Besid. 3. cannot be granted in violations of election laws without favorable recommendations of the COMELEC. individuals 3. can be granted only after convictions by final judgment (except amnesty). Marissa Saba. does not require concurrence of Congress 4.

SC has exclusive power to discipline judges/justices of inferior courts. 2. Jun Nunag. (Key : CIPI) a.. 15 years or more a judge of a lower court or engaged in the practice of law in the Philippines. Janis Garcia. Safeguards that guarantee Independence of Judiciary: 1. X). SC has administrative supervision over all inferior courts and personnel. Art. Presiding Justice and Associate Justices of the Court of Appeals: • Same qualifications as those provided for Justice of the Supreme Court. Roy Reyes. 3. JUDICIAL POWER duty of courts of justice to settle actual controversies involving rights which are legally demandable and enforceable. 10. At least 30 years old. At least 35 years old. 7. Marissa Saba. SC is a Constitutional body. 1. VN Garcia. Natural-born citizen. Page 14 Political law Memory Aid Committee: Jose Panganiban Jr. 15. VIII). Art. and 11. 5. must be subject to restrictions which Congress may provide. Municipal and Municipal Circuit Trial Court Judges: 1. Ma. VI) and tariff powers (Sec. d. Art. Jurisdiction . Leonora R. 2. 3. Pancho Vazquez. Art. 5. 154). IX-C). there must be a law authorizing President to exercise emergency powers. 4. 2. Ryan Besid. 23 (2). VI) and Conditions for the Exercise of the President of Emergency Powers: 1. integrity. Ma. par. One Supreme Court. Penelope Terencio. SC alone may initiate Rules of Court. Reviewer in Political Law. Members of judiciary enjoy security of tenure. Maricris Porciuncula. exercise must be necessary and proper to carry out a declared national policy. Salaries of judges may not be reduced. Art. by delegation from Congress.2 (8). judiciary enjoys fiscal autonomy. power to deport aliens (Sec. emergency powers of the President can be exercised only in times of war or national emergency. APPOINTMENT TO THE JUDICIARY: Qualifications: – of proven competence. Members are only removable by impeachment. VI). appellate jurisdiction may not be increased without its advice or concurrence. Ma. VIII). 9. Tabladillo . 6. Has been engaged for al least 5 years in the practice of law in the Philippines or has held public office in the Philippines requiring Article VIII : JUDICIAL DEPARTMENT I ∗ I. and 3. Liam Pagdanganan. At least 45 years old. IX-C). Chief Justice and Associate Justices of the Supreme Court: 1. IX-C). Edward Ramos. call Congress to a special session (Sec. and 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 government (Sec. may not be abolished by law. Ket Dino. Rita Alfaro. Members of judiciary may not be designated to any agency performing quasi-judicial or administrative functions. 3. 1. SC alone may order temporary detail of judges. power to approve or veto bills (Sec. II.2. SC can appoint all officials and employees of the Judiciary (Nachura. 2 (8). SC may not be deprived of minimum and appellate jurisdiction. Jerome Lanuzo. exercise must be for a limited period. Brian Fernandez. VI). Has been engaged for at least 10 years in the practice of law in the Philippines or has held public office in the Philippines requiring admission to the practice of law as an indispensable requisite.SAN BEDA COLLEGE OF LAW. 7. 6. Art. exercise emergency (Sec. consent to deputization of government personnel by COMELEC (Sec. 28 (2).power to hear and decide a case and execute decision thereof. 2. b. Art. 4. JV Ocampo. p. 2000-2001 MEMORY AID IN POLITICAL LAW Any form of reproduction of this copy is strictly prohibited!!! 1. Saben Loyola. and Such lower courts as may be established by law (Sec. VN Esguera. 4. 3. Natural-born citizen. to discipline such deputies (Sec. and 5. Judicial power is vested in: 1. 27. c. Regional Trial Court Judges: 1. Natural-born citizen. 8. Art. 2 (2). Art. Metropolitan. probity and independence. general supervision over local government units and autonomous regional governments (Art. 2. and 3. 2. Elizabeth Adaoag. 2.

Brian Fernandez. ∗ By majority vote of members who actually took part in the deliberation on the issues and voted thereon. Tabladillo .Representative of private sector Secretary de officio . Page 15 • Appointment ∗ Regular members shall be appointed by the President for a 4 year term with the consent of the Commission on Appointments. ∗ May be removed only through impeachment. 2. uniform for all courts in the same grade. provide a simplified and inexpensive procedure for seedy disposition of cases. Jerome Lanuzo. and Habeas Corpus. VIII) • Covers only final orders or judgments of lower courts. shall not diminish. Appointed by President from among a list of at least 3 nominees prepared by Judicial and Bar Procedure in Appointment: 2.Professor of Law. IV. other public ministers and consuls. Saben Loyola. Ket Dino. 2. Council for every vacancy. III. Art. Lower Courts – hold office during good behavior until they reach 70 years of age or become incapacitated to discharge their duties (Sec. and . Order change of venue or place of trial. 4.Secretary of Justice . Janis Garcia. Liam Pagdanganan. Roy Reyes. Mandamus. 2000-2001 MEMORY AID IN POLITICAL LAW Any form of reproduction of this copy is strictly prohibited!!! admission to the practice of law as an indispensable requisite. Ma. Supreme Court – hold office until they reach 70 years of age or become incapacitated to discharge their duties. Rita Alfaro.Any vacancy shall be filled within 90 days from occurrence thereof Tenure of Justices and Judges a. and • legal assistance to the underprivileged.SAN BEDA COLLEGE OF LAW. practice and procedures in all courts. Powers of the Supreme Court 1. and • Review of factual basis for the declaration of martial law or suspension of the privilege of writ of habeas corpus. Elizabeth Adaoag. VN Garcia. Rule-making power – promulgates rules concerning: • protection and enforcement of constitutional rights. a. JUDICIAL AND BAR COUNCIL Composition: • • • Ex-officio chairman . Temporary assignments of judges of lower courts to others stations as public interest may require. Prohibition. VIII). President shall issue the appointment 90 days from submission of the list.. . 5. increase or modify substantive rights. 11. Quo Warranto. Ryan Besid. 1. Ma. • admissions to the practice of law. Appellate Jurisdiction • Over final judgments and orders of lower courts in 5 sets of cases enumerated in Section 5 (2d). NOTE: No law shall be passed reorganizing the Judiciary when it undermines the security of tenure of its members (Sec. and c. SC en banc shall have the power to discipline judges of lower courts or order their dismissal.Retired member of SC. May exercise such other functions as may be assigned by Supreme Court (Sec. Marissa Saba. Original Jurisdiction • Over cases affecting ambassadors. . • Integrated Bar of the Philippines. VIII). Limitations on rule making power: a. Not to exceed 6 months without the consent of the judge concerned.Clerk of the Supreme Court 4. Art. Leonora R. • pleading. Art. to avoid miscarriage of justice.Representative of the IBP. or 7 members.Chief Justice of SC Ex-officio members . 3. For lower courts.may sit en banc or in its discretion. Ma. SUPREME COURT Composition: • Chief Justice and 14 Associate Justices .Representative of Congress Regular members . . Art. 8. Jun Nunag. JV Ocampo. in divisions of 3. Penelope Terencio. Edward Ramos. Powers and Functions of Judicial and Bar Council • • Recommend appointees to the judiciary. • Over petition for (CPM) certiorari. VIII) Political law Memory Aid Committee: Jose Panganiban Jr. Pancho Vazquez. Maricris Porciuncula. b. VN Esguera. 5.

Roy Reyes. JUSTICIABLE QUESTION • a given right. • Erring judge or justice may be subjected to administrative sanctions for the delay. Ma. Ket Dino. Maricris Porciuncula. Commission on Elections (COMELEC) 3. Art. an act or omission violative of such right. Electoral Tribunal. Cuenco 100 PHIL. • Court. The abuse of discretion must be patent and gross as to amount to an evasion of positive duty or virtual refusal to perform a duty enjoined by law. ( Casibang vs Aquino 92 SCRA 642) • authority has been delegated to the legislature or executive branches of government. JV Ocampo. Period for Decision (Sec. Civil Service Commission (CSC) 2. Determination of constitutionality of the statute must be necessary to a final determination of the case. Leonora R. VN Garcia. Marissa Saba. from the date of submission. Actual case or controversy. Pancho Vazquez. 139). Edward Ramos. Lower Collegiate Courts . Liam Pagdanganan. V. as where the power is exercised in an arbitrary and despotic manner by reason of passion or hostility (Kapatiran ng Mga Naglilingkod Sa Pamahalaan ng Pilipinas v. within: a. VIII). 8. are to be decided by the people in their sovereign capacity. Yearly report • Within 30 days from the opening of each regular session of Congress. Penelope Terencio. Saben Loyola. Ma. POWER OF JUDICIAL REVIEW ∗ Power of the courts to test validity of executive and legislative acts if same are in accordance with the Constitution. Commission on Audit (COA) Political law Memory Aid Committee: Jose Panganiban Jr. Jerome Lanuzo. Jun Nunag. under the Constitution. Tabladillo . Tan. and 4. and a remedy granted by law for said • POLITICAL QUESTION those questions which. Brian Fernandez. or to act at all in contemplation of law. breach of right. 7. Article IX : CONSTITUTIONAL COMMISSIONS Independent Constitutional Commissions: 1. Ma. Rita Alfaro. 3. 1. despite the lapse of the mandatory period. Elizabeth Adaoag.12 months c. June 1988). 15. or in regard to which full discretionary Page 16 ∗ In case of delay: • A certification to be signed by the Chief Justice or Presiding Justice shall be issued stating the reason for the delay. 2000-2001 MEMORY AID IN POLITICAL LAW Any form of reproduction of this copy is strictly prohibited!!! 6. Ryan Besid.. VN Esguera. 2. All other lower courts – 3 months Unless period is reduced by SC Judicial Power-includes: b. SC shall submit to the President and Congress an annual report on the operation and activities of the Judiciary. Power of administrative supervision • SC shall have administrative supervision over all courts and the personnel thereof. Constitutional question must be raised at the earliest opportunity. to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on part of any branch or instrumentality of government (Sec. VIII) ∗ All cases filed after the effectivity of the Constitution must be decided or resolved. Constitutionality of statute must be raised by the proper party. Art. An expression of supremacy of Constitution (Angara v.SAN BEDA COLLEGE OF LAW. • Court does not lose jurisdiction over the case. 1101) Requisites of Judicial Review: (Key : CPON) 1. without prejudice to such responsibilities as may have been incurred in consequence thereof shall decide or resolve the case or matter submitted to it without further delay. duty of courts to settle actual controversies involving rights which are legally demandable and enforceable. 63 Phil. (Tanada vs. Power of appointment • SC appoints all officials and employees of the Judiciary in accordance with Civil Service Law. Janis Garcia. and c. despite expiration of mandatory period. SC – 24 months b. ∗ Grave Abuse of Discretion Amounting to Lack of Jurisdiction – capricious and whimsical exercise of judgment. legally demandable and enforceable.

they are constitutionally created. department heads and officials of cabinet rank. Edward Ramos. each commission may promulgate its own procedural rules. Page 17 Political law Memory Aid Committee: Jose Panganiban Jr. 2. 3. 5. Non-career Service – characterized by : ∗ entrance on bases other than those of usual tests utilized for career service.  Opportunity for advancement. chairmen and members are given fairly long term of office of 7 years. commissions enjoy fiscal autonomy. open career positions – prior qualification via examination. 10. Ma. closed career positions – e. Elizabeth Adaoag.  Security of tenure Kinds: a. and 4. scientific or highly technical. semi-skilled or unskilled. 2. and g. 2. not a candidate in any election immediately preceding the appointment. Penelope Terencio. emergency and seasonal personnel. chairmen and members are subject to certain disqualification calculated to strengthen their integrity. 8.. VN Esguera. 7. Maricris Porciuncula. at least 35 years old at the time of appointment.. Ma. Pancho Vazquez. Saben Loyola. NOTE: Or one declared to be so by President upon recommendations of CSC (Salazar vs Mathay 73 SCRA 275). 2000-2001 MEMORY AID IN POLITICAL LAW Any form of reproduction of this copy is strictly prohibited!!! Safeguards that Guarantee Independence of the Commissions: the 1. Bureau Directors. JV Ocampo. Term: • 7 years without reappointment. Tabladillo . Brian Fernandez. Exceptions to requirement of competitive examinations: ∗ Policy Determining – lays down principal or fundamental guidelines or rules. career executive service – e.g. c. natural-born citizen. b. Roy Reyes.g. 3.. Leonora R.g. d. may not be abolished by statute. CIVIL SERVICE COMMISSION Composition: • • 1 chairman. 6. and e. career officers – appointed by President. Career service – characterized by:  entrance based on merit and fitness to be determined by competitive examination or based on highly technical qualifications. permanent laborers. commissions may appoint their own officials and employees in accordance with Civil Service Law.SAN BEDA COLLEGE OF LAW. ∗ Tenure limited to period. e. elective officials and their personal and confidential staff. ∗ Primarily Confidential – primarily close intimacy which insures freedom of intercourse without embarrassment of freedom from misgivings or betrayals on confidential matters of state. each expressly described as “independent. salaries of chairmen and members are relatively high and may not be decreased during continuance in office. d. b. I. f. ∗ Highly Technical – requires possession of technical skill or training in supreme or superior degree. whether skilled.” 4. chairmen and members may not be reappointed or appointed in an acting capacity. personnel of GOCC’s with original charter. Undersecretaries. c. Liam Pagdanganan.. foreign service. Ryan Besid. chairmen and members cannot be removed except by impeachment. Kinds: a. and 11. with proven capacity for public administration. 2 commissioners Qualifications: 1. Jun Nunag. Jerome Lanuzo. Rita Alfaro. positions in AFP. Formulates method of action. contractual personnel or those whose employment in government is in accordance with special contract for specific work. each is conferred certain powers and functions which cannot be reduced by statute. Ket Dino. 9. Classes of Service: 1. e. Ma. governed by separate merit system. VN Garcia. chairmen and members of commissions and boards with fixed terms of office and their personal and confidential staff. Marissa Saba. Janis Garcia. and their personal and confidential staff.

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