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SAN BEDA COLLEGE OF LAW, 2000-2001

MEMORY AID IN POLITICAL LAW


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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 LGUs

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

SAN BEDA COLLEGE OF LAW, 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.

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.

POWER OF TAXATION

Basis:
necessity of the property for public use

power by which State raises revenue to defray necessary expenses of the Government.

Who may exercise:


generally, the legislature but also 1) the President, 2) Law-making bodies of LGUs, 3) Public Corporations, and 4) Quasi-public Corporations

Scope:
covers persons, property, or occupation to be taxed within taxing jurisdiction

There is taking when:


1. owner actually deprived or dispossessed of his property 2. there is practical destruction or a material impairment of value of property 3. owner is deprived of ordinary use of his property, and 4. owner is deprived of jurisdiction, supervision and control of his property

Basis:
power emanating from necessity

Who may exercise:


generally, the legislature but also 1) Lawmaking bodies of LGUs, and 2) President, under under Art. VI, Sec. 28 (2) of the Constitution

Limitations to Power of Taxation:


1. Inherent limitations Public purpose; Non-delegability of power; Territoriality or situs of taxation; Exemption of government taxation; and International comity.

Requisites of taking:
1. expropriator must enter a private property; 2. entry must be for more than momentary period; 3. entry must be under warrant or color of authority; 4. property must be devoted to public use; and 5. utilization of property must be in a way so as to oust owner and deprive him of beneficial enjoyment of the property.

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.

Just Compensation
full and fair equivalent of the property taken property, to which must be added the consequential damages, minus the consequential benefits, but in no case will Page 3

2. Constitutional limitations Due process of law; Equal protection of law; Uniformity, equitability, and progressivity of taxation Non-impairment of contracts; Rule on non-imprisonment for nonpayment of poll tax; Origin of appropriation, revenue, and tariff bills; and Non-infringement of religious freedom.

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

SAN BEDA COLLEGE OF LAW, 2000-2001

MEMORY AID IN POLITICAL LAW


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Distinction between tax and license fees


TAX 1. revenue measure 2. rate or amount to be collected unlimited provided not confiscatory 3. imposed on persons or property 4. if unpaid, business or activity does not become illegal. LICENSE FEES 1. police measure 2. amount limited to cost of permit and police regulation 3. paid for privilege of doing something but privilege is revocable 4. if unpaid, business becomes illegal

Distinctions (PP, ED, PT):


POLICE POWER 1. Regulates both liberty and property 2. Exercised only by the Government 3. Property taken is intended for a noxious purpose and is destroyed 4. Compens-ation is the intangible, 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, ED, PT):


POLICE POWER EMINENT DOMAIN TAXATION

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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

SAN BEDA COLLEGE OF LAW, 2000-2001

MEMORY AID IN POLITICAL LAW


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1. Lawful subject 2. Lawful means When exercised by a delegate: 3. Express grant by law 4. Within the territorial limits 5. Must not be contrary to law

1. Necessity - if exercised by congress: political question - if exercised by delegate: justiciable question 2. private property 3. taking in the constitutional sense 4. public use 5. just compensation 6. due process of law

1. tax must be for public purpose 2. tax shall be uniform 3. either the person or property taxed shall be within the jurisdiction of taxing authority 4. that in assessment and collection of certain taxes, certain guarantees against injuries to individuals, especially by way of notice and opportunity for hearing shall be provided

Article I : NATIONAL TERRITORY I. TERRITORY OF THE PHILIPPINES:


1. Philippine archipelago, with all the islands and waters embraced therein; 2. all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its: terrestrial; fluvial; and aerial domain; 3. including its: sea bed; subsoil; insular shelves; and other marine areas. 4. Waters: around; between; and connecting the islands of the archipelago, regardless of (i) breadth; and (ii) dimensions form part of the internal waters of the Philippines. Archipelago Doctrine integration of a group of islands to the sea and their oneness so that together they can constitute one unit, one country, and one state. An imaginary single baseline is drawn around the islands by joining appropriate points of the outermost islands of the archipelago with straight lines. Such that all islands enclosed within the baseline form part of the territory and the waters around, between and connecting the islands of the archipelago regardless of their breadth and dimensions, form part of the internal waters of the Philippines (2nd sentence, Sec. 1, Art. 1).

power of the state over persons and thing within its territory. 1. Foreign states, head of states, diplomatic representatives, and to certain degree, consuls; 2. Foreign state property, including their embassies, consulates and public vessels engaged in non-commercial activities; 3. Acts of states; 4. Foreign merchant vessels exercising their rights of innocent passage or involuntary entry, such as arrival under distress; 5. Foreign armies passing through or stationed in its territory with its permission; and 6. Such other persons and property, over which the state may, by agreement, waive jurisdiction (Nachura, Reviewer in Political Law, 1996 ed., p. 18).

Entities exempt from this control are:

Article II : PRINCIPLES AND STATE POLICIES I. 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. v. Public Service Commission, 40 O.G. 8th Supp. 57). dictates interdependence and equality among the 3 branches of government. There are instances when powers are not confined exclusively within one department but are assigned to or shared by several departments. This is commonly called the Blending of Powers (Nachura, Reviewer in Political Law, 1996 ed., p. 37).

II. Territorial Jurisdiction


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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

SAN BEDA COLLEGE OF LAW, 2000-2001

MEMORY AID IN POLITICAL LAW


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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.

III. STATE PRINCIPLES REGARDING FOREIGN POLICY (SEC. 2, ART. II)


1. renounces war as an instrument of national policy; 2. adopts the generally accepted principles of international law as part of the law of the land (incorporation clause); and 3. adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations.

II. DELEGATION OF POWERS GEN. 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.

IV . SEPARATION OF CHURCH AND STATE (SEC. 6, ART. II)


Reinforced by: 1. Freedom of religion clause (Sec. 5, Art. III); 2. Non-establishment of religion clause; 3. Religious sect cannot be registered as political party [Sec. 2 (5) Art. IX-C); and 4. No sectoral representative from religious sector [Sec. 5 (2), Art. VI]. Exceptions: 1. Churches, personages, etc., actually, directly and exclusively used for religious, charitable and educational purposes shall be exempt from taxation [Sec. 28 (3), Art. VI]; 2. Optional religious instruction for public elementary and high school students [Sec. 3 (3), Art. XIV]; 3. Prohibition against appropriation for sectarian purposes, except when, priest etc., is assigned to the armed forces, or to any penal institution or government orphanage or leprosarium [Sec. 29 (2), Art. VI]; 4. Filipino ownership requirement for educational institutions, except those established by religious groups and mission board [Sec. 4 (2), Art. XIV].

EXCEPTIONS:

Permissible delegation: (Key: PETAL)


T E P 1. Tariff powers of the President [Sec. 28 (2), Art. VII] 2. Emergency powers of President [Sec. 23 (2), Art. VII] 3. Delegation to the people [Sec. 32, Art. VI; Sec. 10, Art. X; Sec. 2, Art. XVII; RA 6753]. Kinds of permissive delegation to the people: a. referendum power of electorate to approve or reject a legislation through an election called for that purpose; b. plebiscite electoral process by which initiative on the Constitution is approved or rejected by the people. L A 4. Delegation to Local Government units (Art X; RA 7160); and 5. Delegation to administrative bodies (power of subordinate legislation).

Tests for Valid Delegation:


1. Completeness test law must be complete in all essential terms and conditions so that there is nothing for delegate to do except enforce it; 2. Sufficient standard test map out the boundaries of delegates authority by defining legislative policy and indicating circumstances under which it is to be pursued (Pelaez v. Auditor General, 15 SCRA 569).

V. AUTONOMY OF LOCAL GOVERNMENTS (SEC. 25, ART. II; ART. X)


Decentralization of Administration delegation of administrative powers to local government unit in order to broaden the base of governmental powers. Decentralization of Powers abdication of national government powers (Limbonas v. Mangelin, 170 SCRA 786). Page 6

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

SAN BEDA COLLEGE OF LAW, 2000-2001

MEMORY AID IN POLITICAL LAW


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Congress or the local legislative body for action. B. Referendum power of the electorate to approve or reject legislation through an election called for that purpose.

Article VI : LEGISLATIVE DEPARTMENT I. LEGISLATIVE POWER


power to propose, enact, amend and repeal laws. Vested in Congress, except to the extent reserved to the people by provision on initiative and referendum.

Classes of Referendum:
1. Referendum on Statutes refers to a petition to approve or reject an act or law, or part thereof, passed by Congress; and 2. Referendum on Local Laws refers to a petition to approve or reject a law, resolution or ordinance enacted by regional assemblies and local legislative bodies. Plebiscite submission of constitutional amendments or important legislative measure to the people for ratification.

A. 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).

Classes of initiative:
1. Initiative on the Constitution refers to a petition proposing amendments to the Constitution; 2. Initiative on Statutes refers to a petition proposing to enact a national legislation; 3. Initiative on Local Legislation refers to the petition proposing to enact a regional, provincial, city, municipality or barangay law, resolution or ordinance. Limitations: a. power of local initiative shall not be exercised more than once a year; b. initiatives shall extend only to subjects or matters which are within the legal powers of the local legislative bodies to enact; and c. if at anytime before the initiative is held, the local legislative body shall adopt in toto the proposition presented, the initiative shall be cancelled. Limitation on Local Legislative Body vis-avis Local Initiative: Any proposition or ordinance approved through an initiative and referendum shall not be repealed, modified or amended by the sanggunian within 6 months from the date of approval thereof, and may be amended , modified or repealed within 3 years thereafter by a vote of of all its members. In case of barangays, the period shall be 18 months after approval. (Sec. 125, 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., 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

II. COMPOSITION OF CONGRESS (SEC. 1, ART. VI) 1. Senate Composition :


24 Senators elected at large by qualified voters (Sec. 2, Art VI)

Qualifications of Senators
1. Natural-born citizen; 2. At least 35 years old on the day of election; 3. Able to read and write; 4. A registered voter; and 5. Resident for not less than 2 years immediately preceding the day of the election

Term of Office: 6 years; maximum of 2


consecutive terms (Sec. 3, Art. VI)

2. House of Representatives Composition :


not more than 250 members, unless otherwise provided by law, consisting of : a. District Representative elected from legislative districts apportioned among provinces, cities and Metro Manila area. b. Party-list Representative constitutes 20% of total number of representatives, elected through a party-list system of registered national, regional and sectoral parties or organizations [Sec. 5 (1) and (2), Art. VI].

SAN BEDA COLLEGE OF LAW, 2000-2001

MEMORY AID IN POLITICAL LAW


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For 3 consecutive terms after ratification of Constitution, one half of all seats allocated to party-list representatives shall be filled by selection from the labor, peasant, etc., except religious sector. Until law is passed providing for such party-list system, President may appoint them, subject to confirmation of Commission on Appointments (Sec. 7, Art. XVIII)

IV. DISQUALIFICATION AND INHIBITIONS (SEC. 13, ART. VI)


1. Incompatible Office may not hold office or employment in government during his term without forfeiting his seat; 2. Forbidden Office may not be appointed to any office created or compensation thereof increased during the term for which he was elected; 3. Cannot appear as counsel before any court or before the Electoral Tribunals, quasijudicial or other administrative bodies; 4. Shall not, directly or indirectly, be financially interested in any contract with, franchise or special privilege granted by the Government; 5. 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.

Qualifications of Representatives (Sec. 6, Art. VI)


1. Natural-born citizen; 1. At least 25 years old on the day of election; 2. Able to read and write; 3. Except party-list representative, registered voter of district; and 4. Resident thereof for not less than 1 year from day of election.

Term of Office :

3 years; maximum 3 consecutive terms (Sec. 7, Art. VI)

Rules on Apportionment of Legislative Districts [Sec. 5 (3) and (4), Art. VI]
1. Maintain proportional representation based on number of inhabitants; Each city with not less than 250 thousand inhabitants, entitled to at least 1representative; Each province, irrespective of the number of inhabitants, entitled to at least 1 representative. 2. Each district must be contiguous, compact and adjacent. Gerrymandering is not allowed; Gerrymandering formation of one legislative district out of separate territories for the purpose of favoring a candidate or a party (Bernas, Reviewer in Philippine Constitution, P. 186) 3. Reapportionment within 3 following return of every census. years

IV.

SESSIONS (SEC. 14, ART. VI)


1. Regular convene once every year. The 4 th Monday of July until 30 days before the start of new regular session; 2. Special called by the President; 3. Joint sessions a. voting separately (i) choosing the President (Sec. 4, Art. VII); (ii) determine Presidents disability (Sec. 11, Art. VII); (iii) confirming nomination of VicePresident (Sec. 9, Art. VI); (iv) declaring existence of a state of war (Sec. 23, Art. VI); (v) proposing constitutional amendments (Sec. 1, Art. XVII). b. voting jointly (1) to revoke or extend proclamation suspending the privilege of writ of habeas corpus (Sec. 18, Art. VI); (2) to revoke or extend declaration of martial law (Sec. 18, Art. VI). 4. Adjournment neither Chamber during session, without the consent of the other, adjourn for more than 3 days, nor any other place than that in which the two Chambers shall be sitting [Sec. 16 (5), Art. VI]. Adjournment Sine Die interval between the session of one Congress and that of another.

III. PRIVILEGES OF MEMBERS OF CONGRESS (SEC. 11, ART. VI)


1. Freedom from arrest while Congress is in session for offense punished by not more that 6 years imprisonment (Art. 145, RPC) 2. 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.

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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

SAN BEDA COLLEGE OF LAW, 2000-2001

MEMORY AID IN POLITICAL LAW


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VI. OFFICERS [SEC. 16(1), ART. VI] Senate :


Senate President elected by majority vote of respective members Such other officers as they may deem necessary

X. CONGRESSIONAL ELECTORAL TRIBUNALS (SET OR HRET) (SEC. 17, ART. VI) Composition:
3 Supreme Court Justices designated by Chief Justice; 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. 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; Such other officers as they may deem necessary

VII. QUORUM [SEC. 16 (2), ART. VI)]


Majority of each house Smaller number may adjourn from day to day and may compel attendance.

Power of Electoral Tribunals:


Sole judge of all contests relating to the election, returns and qualification of their respective members.

VIII. DISCIPLINE OF MEMBERS [SEC. 16 (3), ART. VI]


Each house may punish its members for disorderly behavior, and, with the concurrence of 2/3 of all its members, suspend (for not more than 60 days) or expel a member.

XI. COMMISSION ON APPOINTMENTS (SEC. 18, ART. VI) Composition:


12 Senators and 12 members of the House of Representative, elected by each house on the basis of proportional representation from the political parties registered under the party-list system represented therein. Senate President as ex-officio chairman. Chairman shall NOT vote except in case of tie.

IX. MATTERS MANDATED BY CONSTITUTION TO BE ENTERED INTO THE JOURNAL [SEC. 16 (4), ART. VI]
1. yeas and nays on third and final reading of a bill; 2. veto message of President; 3. yeas and nays on repassing a bill vetoed by President; and 4. yeas and nays on any question at the request of 1/5 of members present. Enrolled Bill conclusive upon courts as regards the tenor of the measure passed by Congress and approved by the President (Mabanag v. Lopez Vito, 78 Phil. 1)

Powers:
Shall act on all appointments submitted to it within 30 session days of Congress from their submission; and Power to promulgate its own rules of proceedings.

XII. POWERS OF CONGRESS Classification of Powers:


1. Legislative - includes specific power of appropriation, taxation and expropriation; 2. Non-Legislative includes power to: a. canvass presidential elections; b. declare existence of a state of war; c. give concurrence to treaties and amnesties; d. propose constitutional amendments; e. impeach; Page 9

NOTE: Journal Entry vs. Enrolled Bill Enrolled bill prevails, except to matters, which under the Constitution, must be entered into the Journal (Astorga v. Villegas, 56 SCRA 714)

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

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MEMORY AID IN POLITICAL LAW


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f.

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. Substantive a. Express: (i) bill of rights (Art. III) (ii) on appropriations [Sec. 25 and 29 (1) and (2), Art. VI] (iii) on taxation [Sec. 28 and 29 (3), Art. VI; Sec 4 (3), Art. XIV] (iv) on constitutional appellate jurisdiction of Supreme Court (Sec. 30, Art. VI) (v) no law granting title of royalty or nobility shall be passed (Sec. 31, Art. VI) (vi) no specific funds shall be appropriated or paid for use or benefit of any religion, sect, etc., except for priests, etc., assigned to AFP, penal institutions, etc. b. Implied: (i) prohibition against irrepealable laws; and (ii) non-delegation of powers. 2. Procedural a. only one subject, to be stated in the title of the bill [Sec. 26(1), Art. VI]; and b. 3 readings on separate days; printed copies of the bill in its final form distributed to members 3 days before its passage, except if President certifies to its immediate enactment to meet a public calamity or emergency; upon its last reading , no amendment allowed and the vote thereon taken immediately and the yeas and nays entered into the Journal [Sec. 26(2), Art. VI]; c. appropriation, revenue and tariff bill (RAT Bills) should exclusively originate form the House of Representative (Sec. 24, Art. VI)

1. must specify public purpose for which the sum was intended; 2. must be supported by funds actually available as certified by National Treasurer or to be raised by corresponding revenue proposal included therein.

Constitutional Rules on General Appropriations Laws (Sec. 25, Art. VI)


1. Congress may not increase appropriations recommended by the President for operations of Government; 2. Form, content and manner of preparation of budget shall be provided by law; 3. No provision or enactment shall be embraced unless it relates specifically to some particular appropriations therein; 4. Procedure for approving appropriations for Congress shall be the same as that of other departments to prevent sub-rosa appropriations by Congress. 5. Prohibition against transfer of appropriations (doctrine of augmentation), however: a. President; b. Senate President; c. Speaker of the House of Representative; d. Chief Justice; and e. Heads of Constitutional Commissions may, by law, be authorized to augment any item in the general appropriations law for their respective offices from savings in other items of their respective appropriations. 6. Prohibitions against appropriations for sectarian benefit; 7. Automatic re-appropriation.

Legislative Investigation Limitations on Power of Legislative Investigation (Sec. 21, Art. VI)
1. must be in aid of legislation; 2. in accordance with duly published rules of procedures; and 3. right of person appearing in, or affected by such inquiry shall be respected.

Power of Appropriation
Appropriations Law a statute, the primary and specific purpose of which, is to authorize release of public funds from treasury.

XIII. LEGISLATIVE PROCESS Requirement : Bill must have only one subject
which must be stated in the title thereof.

Implied Limitations on Appropriation Power:


1. must specify public purpose; 2. sum authorized for release must determinate, or at least determinable. Constitutional Limitations Appropriations Measures: on be

Bills that must originate form the House of Representative:


1. 2. 3. 4. 5. Appropriations bill Revenue and tariff bills Bill authorizing increase in public debts; Bill of local application; and Private bills

Special

Page 10
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

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MEMORY AID IN POLITICAL LAW


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Approval of Bills:
1. Bill is approved by both chambers; 2. President approves and signs it; and 3. If President vetoes, return bill with presidential objections to the house of origin. Veto may be overridden upon vote of 2/3 of all members of the House of origin and other house; 4. 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, 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.

Manner of Removal : impeachment only


(Sec. 2 and 3, Art XI)

Salary : determined by law and can not be


increased during his term.

Presidential Veto
General Rule : If the President disapproves a bill enacted by Congress, he should veto the entire bill. He is not allowed to separate items of a bill. Exception: Item-veto in the case of appropriation, revenue, and tariff bills [Sec. 27 (2), Art. VI]. Exceptions to the exception: a. 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. Macaraig, Jr., 191 SCRA 452). b. Executive Impoundment - refusal of the President to spend funds already allocated by Congress for specific purpose (Philconsa v. Enriquez, 235 SCRA 544).

Prohibitions and Inhibitions (Sec. 6 and 13, Art. VII)


1. shall not receive other emolument from government or any other source; 2. shall not hold any other office or employment unless otherwise provided by the Constitution; 3. shall not practice any other profession, participate in any business, or be financially interested in any contract with, or in any franchise or special privilege granted by government or any subdivision, agency or instrumentality thereof, including, GOCCs or their subsidiaries; 4. avoid conflict of interest in conduct of office; and 5. avoid nepotism.

Privileges
1. Official Residence 2. Salary 3. Immunity from Suit

Vacancy during term of office


CAUSES: 1. Death 2. Permanent Disability 3. Removal from Office 4. Resignation

Article VII : EXECUTIVE DEPARTMENT I. THE PRESIDENT Qualifications (Sec. 2, Art. VII)
1. 2. 3. 4. 5. natural-born citizen; registered voter; able to read and write; at least 40 years of age; and resident of the Philippines for at least 10 years immediately preceding the election.

II. THE VICE-PRESIDENT Qualifications, election, term of office, and removal:


same as President (Sec. 3, Art.VII). No VP shall serve for more than two consecutive terms. VP may be appointed as member of the Cabinet; need not be confirmed. 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. 9, Art. VII).

Election : elected at large by direct vote (Sec.


4, Art. VI)

Canvassing Board: Congress


In case of Tie: Congress, by majority vote shall select

Page 11
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III. POWERS OF THE PRESIDENT


1. EXECUTIVE POWER power to enforce and administer laws. Presidents power of general supervision over local governments could be exercised by him only as may be provided by law. President shall ensure that laws are faithfully executed. Until and unless a law is declared unconstitutional , President has a duty to execute it regardless of his doubts as to its validity (Sec.1 and 17 Art. VII) 2. POWER OF APPOINTMENT

prejudice public service or endanger public safety (Sec. 15, Art. VII). 3. POWER OF REMOVAL General rule: this power is implied from the power to appoint. Exception: those appointed by him where the Constitution prescribes certain methods for separation from public service.(e.g. members of Supreme Court. Ombudsmanan.etc.) 4. POWER OF CONTROL Control power of an office to: Alter, Modify, Nullify, 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. Silvosa, 97 Phil, 143).

Classifications:
1. 2. permanent or temporary; regular or interim

Officials subject to the Appointment by the President (Sec. 16, Art. VII)
1. heads of executive departments; 2. ambassadors and other public ministers and consuls; 3. officers of the AFP from the rank of colonel or naval captain; 4. other ministers whose appointments are vested in him by the Constitution; NOTE: numbers 1 to 4: subject to confirmation by Commission of Appointments.(Sarmiento vs Mison) 5. all other officers of the government whose appointments are not provided for by law; and 6. those whom he may be authorized by law to appoint.

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, are presumptively the acts of the Chief Executive (Villena vs Sec. of the Interior 67 Phil 451) ).

Appointing Procedures:
1. 2. nomination by the President; confirmation by the Commission on Appointments; 3. issuance of commission; and 4. acceptance by appointee. Deemed complete upon acceptance (Lacson vs Romero 84 Phil 740)

5. MILITARY POWERS (SEC. 18, ART. VIII) a. Commander-in Chief clause To call out the Armed Force to prevent or suppress lawless violence, invasion or rebellion; organize courts martial and create military commissions. b. Suspension of the Privilege of Writ of Habeas Corpus and Declaration of Martial Law Grounds: invasion or rebellion. Duration: not more than 60 days, following which it shall be lifted, unless extended by Congress. Duty of the President to report to Congress: within 48 hours personally or in writing. Authority of Congress to revoke or extend the effectivity of proclamation: by majority vote of all of its members voting jointly. Authority of the Supreme Court to inquire into the sufficiency of the Page 12

Limitations on Appointing Power:


a. appointments made by an actingPresident shall remain effective unless revoked within 90 days from assumption of office by elected President (Sec. 14, Art. VII); 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. Only when continued vacancy will

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factual basis for such action, at the instance of any citizen. Proclamation does NOT affect the right to bail. Suspension applies only to persons facing charges of rebellion or offenses inherent in or directly connected with invasion. Person arrested must be charged within 3 days; if not, must be released. Proclamation does not supersede civilian authority.

AMNESTY 1. 2. 3. 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. infraction of peace 2. individuals 3. does not require concurrence of Congress 4. private act which must be pleaded and proved 5. looks forward and relieves the pardonee of the consequence of the offense.

4.

6. PARDONING POWER (SEC. 19, ART. VII) Exercise by the President discretionary, may not be controlled by the legislature or reversed by the court, unless there is a constitutional violation. Limitations: 1. cannot be granted in cases of impeachment; 2. cannot be granted in violations of election laws without favorable recommendations of the COMELEC; 3. can be granted only after convictions by final judgment (except amnesty); 4. cannot be granted in cases of legislative contempt or civil contempt; 5. cannot absolve convict of civil liability; and 6. cannot restore public offices forfeited. PARDON act of grace which exempts individual on whom it is bestowed from punishment which the law inflicts for a crime he has committed. Commutation reduction or mitigation of the penalty. Reprieve postponement of sentence or stay of execution. Parole release from imprisonment, but without full restoration of liberty, as parolee is in the custody of the law although not in confinement. Amnesty act of grace, concurred in by the Legislature, usually extended to groups of persons who committed political offenses, which puts into oblivion the offense itself. Pardon Classified: 1.Plenary or partial; and 2.Absolute or conditional. Distinctions: Page 13 5.

7. BORROWING POWER (SEC. 20, ART. VII) the President may contract or guarantee foreign loans on behalf of the Republic with the concurrence of the Monetary Board, subject to such limitations as may be provided by law. Monetary Board shall submit to Congress report on loans within 30 days from end of every quarter. 8. DIPLOMATIC POWER (SEC. 21, ART. VII) No treaty or international agreement shall be valid and effective unless concurred in by at least 2/3 of all members of Senate. 9. BUDGETARY POWER (SEC. 22, ART. VII) within 30 days from opening of every regular session, President shall submit to Congress a budget of expenditures and sources of financing, including receipts from existing and proposed revenue measures. 10. INFORMING POWER (SEC. 23, ART. VI) President shall address Congress at the opening of its regular session. President may also appear before it at any other time. 11. RESIDUAL POWER Whatever is not judicial; whatever is not legislative; is residual power exercised by the President (Marcos v. Manglapus, 1989) 12. OTHER POWERS

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

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1. 2. 3. 4. 5. 6. 7.

call Congress to a special session (Sec. 15, Art. VI); power to approve or veto bills (Sec. 27, Art. VI); power to deport aliens (Sec. 2 (2), Art. IX-C); consent to deputization of government personnel by COMELEC (Sec.2 (8), Art. IX-C); to discipline such deputies (Sec. 2 (8), Art. IX-C); general supervision over local government units and autonomous regional governments (Art. X). by delegation from Congress, exercise emergency (Sec. 23 (2), Art. VI) and tariff powers (Sec. 28 (2), Art. VI) and

Conditions for the Exercise of the President of Emergency Powers:


1. emergency powers of the President can be exercised only in times of war or national emergency; 2. there must be a law authorizing President to exercise emergency powers; 3. exercise must be for a limited period; 4. must be subject to restrictions which Congress may provide; and 5. exercise must be necessary and proper to carry out a declared national policy.

3. SC may not be deprived of minimum and appellate jurisdiction; appellate jurisdiction may not be increased without its advice or concurrence; 4. SC has administrative supervision over all inferior courts and personnel; 5. SC has exclusive power to discipline judges/justices of inferior courts; 6. Members of judiciary enjoy security of tenure; 7. Members of judiciary may not be designated to any agency performing quasi-judicial or administrative functions; 8. Salaries of judges may not be reduced; judiciary enjoys fiscal autonomy; 9. SC alone may initiate Rules of Court; 10. SC alone may order temporary detail of judges; and 11. SC can appoint all officials and employees of the Judiciary (Nachura, Reviewer in Political Law, p. 154).

II. APPOINTMENT TO THE JUDICIARY: Qualifications: of proven competence,


integrity, probity and independence. (Key : CIPI) a. Chief Justice and Associate Justices of the Supreme Court: 1. Natural-born citizen; 2. At least 45 years old; 3. 15 years or more a judge of a lower court or engaged in the practice of law in the Philippines; b. Presiding Justice and Associate Justices of the Court of Appeals: Same qualifications as those provided for Justice of the Supreme Court; c. Regional Trial Court Judges: 1. Natural-born citizen; 2. At least 35 years old; and 3. 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. d. Metropolitan, Municipal and Municipal Circuit Trial Court Judges: 1. Natural-born citizen; 2. At least 30 years old; and 3. 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. JUDICIAL POWER
duty of courts of justice to settle actual controversies involving rights which are legally demandable and enforceable, 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. 1, par.2, Art. VIII). One Supreme Court; and Such lower courts as may be established by law (Sec. 1, Art. VIII). Jurisdiction - power to hear and decide a case and execute decision thereof.

Judicial power is vested in:


1. 2.

Safeguards that guarantee Independence of

Judiciary:
1. SC is a Constitutional body; may not be abolished by law; 2. Members are only removable by impeachment;

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admission to the practice of law as an indispensable requisite.

1.

Appointed by President from among a list of at least 3 nominees prepared by Judicial and Bar

Procedure in Appointment:
2. 3. Council for every vacancy. For lower courts, President shall issue the appointment 90 days from submission of the list.

IV. SUPREME COURT Composition:


Chief Justice and 14 Associate Justices - may sit en banc or in its discretion, in divisions of 3, 5, or 7 members. - Any vacancy shall be filled within 90 days from occurrence thereof

Tenure of Justices and Judges


a. Supreme Court hold office until they reach 70 years of age or become incapacitated to discharge their duties. May be removed only through impeachment. a. Lower Courts hold office during good behavior until they reach 70 years of age or become incapacitated to discharge their duties (Sec. 11, Art. VIII). By majority vote of members who actually took part in the deliberation on the issues and voted thereon, SC en banc shall have the power to discipline judges of lower courts or order their dismissal. NOTE: No law shall be passed reorganizing the Judiciary when it undermines the security of tenure of its members (Sec. 2, Art. VIII).

Powers of the Supreme Court


1. Original Jurisdiction Over cases affecting ambassadors, other public ministers and consuls; Over petition for (CPM) certiorari, Prohibition, Mandamus, Quo Warranto, and Habeas Corpus; and Review of factual basis for the declaration of martial law or suspension of the privilege of writ of habeas corpus. 2. Appellate Jurisdiction Over final judgments and orders of lower courts in 5 sets of cases enumerated in Section 5 (2d), Art. VIII) Covers only final orders or judgments of lower courts. 4. Temporary assignments of judges of lower courts to others stations as public interest may require. Not to exceed 6 months without the consent of the judge concerned.

III. JUDICIAL AND BAR COUNCIL Composition:


Ex-officio chairman - Chief Justice of SC Ex-officio members - Secretary of Justice - Representative of Congress Regular members - Representative of the IBP; - Professor of Law; - Retired member of SC; and - Representative of private sector Secretary de officio - Clerk of the Supreme Court

4. Order change of venue or place of trial, to avoid miscarriage of justice. 5. Rule-making power promulgates rules concerning: protection and enforcement of constitutional rights; pleading, practice and procedures in all courts; admissions to the practice of law; Integrated Bar of the Philippines; and legal assistance to the underprivileged. Limitations on rule making power: a. provide a simplified and inexpensive procedure for seedy disposition of cases; b. uniform for all courts in the same grade; and c. shall not diminish, increase or modify substantive rights. Page 15

Appointment
Regular members shall be appointed by the President for a 4 year term with the consent of the Commission on Appointments.

Powers and Functions of Judicial and Bar Council


Recommend appointees to the judiciary; May exercise such other functions as may be assigned by Supreme Court (Sec. 8, Art. VIII)

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6. Power of appointment SC appoints all officials and employees of the Judiciary in accordance with Civil Service Law; 7. Power of administrative supervision SC shall have administrative supervision over all courts and the personnel thereof. 8. Yearly report Within 30 days from the opening of each regular session of Congress, SC shall submit to the President and Congress an annual report on the operation and activities of the Judiciary.

breach of right. ( Casibang vs Aquino 92 SCRA 642)

authority has been delegated to the legislature or executive branches of government. (Tanada vs. Cuenco 100 PHIL. 1101)

Requisites of Judicial Review: (Key : CPON)


1. Actual case or controversy; 2. Constitutionality of statute must be raised by the proper party; 3. Constitutional question must be raised at the earliest opportunity; and 4. Determination of constitutionality of the statute must be necessary to a final determination of the case.

V. POWER OF JUDICIAL REVIEW


Power of the courts to test validity of executive and legislative acts if same are in accordance with the Constitution. An expression of supremacy of Constitution (Angara v. Electoral Tribunal, 63 Phil. 139).

Period for Decision (Sec. 15, Art. VIII)


All cases filed after the effectivity of the Constitution must be decided or resolved, from the date of submission, within: a. SC 24 months b. Lower Collegiate Courts - 12 months c. All other lower courts 3 months Unless period is reduced by SC

Judicial Power-includes:
b. duty of courts to settle actual controversies involving rights which are legally demandable and enforceable; and c. 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. 1, Art. VIII). Grave Abuse of Discretion Amounting to Lack of Jurisdiction capricious and whimsical exercise of judgment. 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, or to act at all in contemplation of law, 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. Tan, June 1988). JUSTICIABLE QUESTION a given right, legally demandable and enforceable, an act or omission violative of such right, and a remedy granted by law for said POLITICAL QUESTION those questions which, under the Constitution, are to be decided by the people in their sovereign capacity; 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. Court, 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, despite expiration of mandatory period. Court does not lose jurisdiction over the case, despite the lapse of the mandatory period. Erring judge or justice may be subjected to administrative sanctions for the delay.

Article IX : CONSTITUTIONAL COMMISSIONS Independent Constitutional Commissions:


1. Civil Service Commission (CSC) 2. Commission on Elections (COMELEC) 3. Commission on Audit (COA)

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Safeguards that Guarantee Independence of the Commissions:

the

1. they are constitutionally created; may not be abolished by statute; 2. each is conferred certain powers and functions which cannot be reduced by statute; 3. each expressly described as independent; 4. chairmen and members are given fairly long term of office of 7 years; 5. chairmen and members cannot be removed except by impeachment; 6. chairmen and members may not be reappointed or appointed in an acting capacity; 7. salaries of chairmen and members are relatively high and may not be decreased during continuance in office; 8. commissions enjoy fiscal autonomy; 9. each commission may promulgate its own procedural rules; 10. chairmen and members are subject to certain disqualification calculated to strengthen their integrity; and 11. commissions may appoint their own officials and employees in accordance with Civil Service Law.

c. career executive service e.g., Undersecretaries, Bureau Directors; d. career officers appointed by President, e.g., foreign service; e. positions in AFP, governed by separate merit system; f. personnel of GOCCs with original charter; and g. permanent laborers, whether skilled, semi-skilled or unskilled. 2. Non-career Service characterized by : entrance on bases other than those of usual tests utilized for career service. Tenure limited to period.

I. CIVIL SERVICE COMMISSION Composition:


1 chairman; 2 commissioners

Qualifications:
1. natural-born citizen; 2. at least 35 years old at the time of appointment; 3. with proven capacity for public administration; and 4. not a candidate in any election immediately preceding the appointment.

Term:
7 years without reappointment.

Kinds: a. elective officials and their personal and confidential staff; b. department heads and officials of cabinet rank; and their personal and confidential staff; c. chairmen and members of commissions and boards with fixed terms of office and their personal and confidential staff; d. contractual personnel or those whose employment in government is in accordance with special contract for specific work; and e. emergency and seasonal personnel. Exceptions to requirement of competitive examinations: Policy Determining lays down principal or fundamental guidelines or rules. Formulates method of action. Primarily Confidential primarily close intimacy which insures freedom of intercourse without embarrassment of freedom from misgivings or betrayals on confidential matters of state; NOTE: Or one declared to be so by President upon recommendations of CSC (Salazar vs Mathay 73 SCRA 275). Highly Technical requires possession of technical skill or training in supreme or superior degree.

Classes of Service:
1. Career service characterized by: entrance based on merit and fitness to be determined by competitive examination or based on highly technical qualifications. Opportunity for advancement; Security of tenure Kinds: a. open career positions prior qualification via examination; b. closed career positions e.g., scientific or highly technical; Page 17
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