You are on page 1of 9

ARTICLE 4: CITIZENSHIP Section 1: Citizens of the Philippines Citizens at the time of the adoption of this constitution Those whose

se fathers and mothers are citizens Those born before Jan. 17, 1973 of Filipino mothers Those who are naturalized Citizenship a personal and more or less permanent membership in a political communit . !ossession of full ci"il and political ri#hts $ationalit membership in an class or form of political communit . %oes not include the ri#ht and pri"ile#e of e&ercisin# ci"il or political ri#hts 'odes of (c)uirin# Citizenship 1. * *irth Jus sanguinis ac)uisition on the basis of blood relationship Jus soli base on the place of birth +. * $aturalization 3. * 'arria#e ,. * -epatriation .lection /for citizenship0 e&pressed in a statement to be si#ned and sworn to b the part concerned before an official authorized to administer oaths $aturalization The le#al act of adoptin# an alien and clothin# hi with the ri#hts that belon# to a natural born citizen a mode for both ac)uisition and reac)uisition of citizenship under Commonwealth (ct $o. ,73 /-e"ised $aturalization 1aw0

1. %irect 2ndi"idual throu#h a 3udicial proceedin# 4pecial act of le#islature Collecti"e chan#e of nationalit (doption of orphan minors +. %eri"ati"e 5ife of a naturalized husband 'inor child of a naturalized person (lien woman upon marria#e to a national of a state %ual Citizenship arises as a result of application of laws of two different states b a person. 2n"oluntar %ual (lle#iance a person simultaneousl ac)uires b some positi"e act of lo alt to two or more states. ( result of an indi"idual6s own "olition %octrine of 2ndelible (lle#iance a person ma be compelled to retain his ori#inal nationalit e"en if he has alread renounced it %enaturalization re"ocation of !hilippine citizenship of a naturalized citizen Section 2: Natu al !o n citizens a e those "ho a e citizens of the Philippines f o# !i th Section $: Philippine citizenship #a% !e lost o ac&ui e' Two 1aws on 1ost Citizenship 1. Commonwealth (ct $o ,73 applies to naturalized citizens. Certificate of naturalization ma be re"o7ed +. Commonwealth (ct $o. 83 applies to both natural9born and naturalized citizenship Citizenship is lost b : $aturalization in a forei#n countr

'odes of $aturalization

* e&press renunciation of citizenship a renunciation that is made 7nown distinctl and e&plicitl * subscribin# to an oath of alle#iance to support the constitution of a forei#n countr * renderin# ser"ice in the armed forces of a forei#n countr e&cept if: 9 The !hilippines has a defensi"e and offensi"e pact of alliance 9 The said countr maintains armed forces in the !hilippine territor * cancellation of the certificate of naturalization * bein# a deserter of the !hilippine armed forces in time of war

Section 4: Citizens of the Philippines "ho #a % aliens shall etain thei citizenship Section (: )ual alle*iance is ini#ical %ual (lle#iance an unsettled 7ind of alle#iance of persons who are alread Filipinos but ma be bound b a second alle#iance

ARTICLE (: S+,,RA-E Section 1: Suff a*e #a%!e e.e cise' !% all citizens of the Philippines 4uffra#e the people e&press their so"erei#n power b castin# "otes amon# the candidates for public office. 2t is a ci"il ri#ht to "ote or e&ercise the ri#ht. -eferendum the people e&press their authorit and power b appro"in# or disappro"in# statutes -eferendum on Statutes petition to appro"e or re3ect an act passed b the con#ress -eferendum on Local Laws petition to appro"e or re3ect a law enacted b local le#islati"e bodies !lebiscite the will of the people is solicited on their appro"al or re3ection of the proposed chan#es to the constitution 2nitiati"e people can directl propose or enact laws. ( proof of direct democrac 2nitiati"e on the Constitution petition proposin# amendments to the constitution 2nitiati"e on Statutes petition proposin# to enact a national le#islation 2nitiati"e on Local Legislation petition proposin# to enact a re#ional law -ecall a remed a"ailable to the people to remo"e their chosen representati"es before the e&piration of their term. ;nl applicable to local #o"ernment officials !eople who can e&ercise suffra#e (ll citizens of the !hilippines 1< ears of a#e -esided in the countr for a ear -esided in the place the propose to "ote for 8 months prior to the election

!ersons dis)ualified to "ote (n person sentenced to prison (n person found #uilt of ha"in# committed a crime a#ainst the state such as rebellion, treason etc. 2nsane or persons with mental disabilities 'eanin# of -esidence in .lection 1aws 1. (s a re)uirement of residence in the !hilippines. 4 non mous with =domicile> +. (s a re)uirement of residence where one intends to "ote. Can mean either domicile or temporar residence ?round for -ecall =1oss of Confidence> as the onl #round for recall of local #o"ernment officials Section 2: The Con* ess shall ensu e the sec ec% an' sanctit% of the !allot an' shall p o/i'e a s%ste# fo a!sentee /otin*

ARTICLE 0: )EPART2ENT

THE

LE-ISLATI1E The part list representati"es shall constitute +DE of the total number of representati"es. -epublic (ct $o. 79,1: The !art 4 stem (ct 1ist

Section 1: The le*islati/e shall !e /este' in the Con* ess "hich consists of a Senate an' a House of Rep esentati/es 1e#islati"e !ower the powers to propose, enact, amend and repeal laws The e&tent of the power of the con#ress to le#islate is complete, full and plenar Section 2: The Senate co#pose' of 24 senato s shall !e

?err manderin# the alteration of the "otin# districts. $ot allowed b the constitution Section 0: No pe son shall !e a 2e#!e of the House of Rep esentati/es unless he is a natu al !o n citizen @ualifications of a -epresentati"e $atural born citizen +A ears of a#e (ble to read and write -e#istered "oter /e&cept part list representati"es0 -esident for a period of one ear prior to the election 2n"iolable parameters to determine the winners in a part 9list election 1. Twent percent allocation +. Two percent threshold must #arner a minimum of +E of the total "alid "otes 3. Three9seat limit each )ualified part ha"e one )ualif in# and two additional seats ,. !roportional representation Section 4: 2e#!e s of the House of Rep esentati/es ha/e a te # of th ee %ea s $o member shall ser"e for more than three consecuti"e terms

Chosen throu#h uni"ersal suffra#e

Section $: No pe son shall !e a Senato unless he is a natu al !o n citizen @ualifications of a 4enator $atural born citizen 3A ears of a#e (ble to read and write -e#istered "oter -esident of the countr for not less than two ears prior to election Section 4: The te # of office of the Senato s shall !e si. %ea s $o senator shall ser"e for more than two consecuti"e terms

Section (: The House of Rep esentati/es shall !e co#pose' of not #o e than 2(3 #e#!e s Classification of the 'embers of the Bouse of -epresentati"es 1. %irect -epresentati"es representin# one con#ressional district +. !art 1ist -epresentati"es elected throu#h the part list s stem 3. 4ectoral -epresentati"es e&isted onl for three consecuti"e termsC disappeared in 199<

Section 5: The e*ula election shall !e hel' on the 2n' 2on'a% of 2a% Section 6: In case of /acanc%7 a special election #a% !e calle' to fill such /acanc%

Section 13: Sala ies shall !e 'ete #ine' !% la"8 No inc ease shall ta9e effect until afte the e.pi ation of the full te # ( member of the Con#ress ma recei"e office and tra"el allowances nor is there a le#al limit on the amount that ma be appropriated Section 11: A #e#!e of the Con* ess shall !e punisha!le !% not #o e than si. %ea s i#p ison#ent8 He is p i/ile*e' f o# a est !ri"ile#e from (rrest a"ailable when the Con#ress is in session. 2t is to protect the le#islator a#ainst harassment !arliamentar !ri"ile#e of 4peech $o member shall be )uestioned nor held liable in an other place for an speech or debate in the Con#ress ( fundamental pri"ile#e cherished in e"er le#islati"e assembl Complete freedom of e&pression without fear of bein# made responsible in criminal or ci"il actions =4peech or debate> includes utterances made in the performance of official functions Section 12: 2e#!e s of the Con* ess shall #a9e a full 'isclosu e of thei financial an' !usiness inte ests Section 1$: No #e#!e of the Con* ess #a% hol' an% othe office o e#plo%#ent in the *o/e n#ent 'u in* his te # "ithout fo feitin* his seat %is)ualifications for (ppointment of 'embers of Con#ress 1. 2ncompatible ;ffice ma not hold an other office or emplo ment in the #o"ernment +. Forbidden ;ffice shall not be appointed to an office which ma ha"e been created to increase the term of office for which he is elected

Section 14: No #e#!e of the Con* ess #a% pe sonall% appea as counsel !efo e an% cou t of :ustice8 Neithe shall he !e inte este' financiall in an contract with an franchise or corporation durin# his term of office Section 1(: The Con* ess shall con/ene once e/e % %ea on the 4th 2on'a% of ;ul% fo its e*ula session Finds of 4essions 1. -e#ular +. 4pecial called b the !resident at an time 3. Joint 4essions a. Gotin# separatel Choosin# the !resident %eterminin# !resident6s disabilit Confirmin# the nomination of the Gice !resident %eclarin# the e&istence of war !roposin# constitutional amendments b. Gotin# 3ointl to re"o7e or e&tend proclamation suspendin# the pri"ile#e of writ of habeas corpus or placin# the !hilippines under martial law Section 10: The Senate shall elect its P esi'ent an' the House of Rep esentati/es its Spea9e !% a #a:o it% /ote ( ma3orit of each Bouse shall constitute a )uorum to do business .ach Bouse ma determine the rules of its proceedin#s. ( penalt of suspension of a member shall not e&ceed 8D da s .ach Bouse shall 7eep a Journal of its proceedin#s $either Bouse durin# sessions of the Con#ress shall ad3ourn for more than three da s

@uorum the number of members present in a session to ma7e transactions "alid .nrolled *ill one dul introduced and finall passed b both Bouses, authenticated b the proper officers of each and for appro"al of the !resident Section 14: The Senate an' the House of Rep esentati/es shall each ha/e an Electo al T i!unal .lectoral Tribunal The sole 3ud#e of contests relatin# to the election, returns and )ualifications of the respecti"e members of the Bouses 4hall be composed of nine members /three are Justices of the 4upreme Court, si& shall be members of the 4enate or the Bouse of -epresentati"es The senior Justice shall be the chairman Section 15: The e shall !e a Co##ission on Appoint#ents Composition of the Commission !resident of the 4enate Twel"e senators Twel"e members of the Bouse of -epresentati"es The chairman of the commission shall not "ote e&cept in case of a tie Commission on (ppointments acts as a le#islati"e chec7 on the appointin# authorit of the !resident. The consent of the Commission on (ppointments is needed for the effecti"it of the appointment Section 16: The Electo al T i!unal an' the Co##ission on Appoint#ents shall !e constitute' "ithin $3 'a%s afte the Senate an' the House of Rep esentati/es ha/e electe' the P esi'ent an' Spea9e 7 especti/el%

'anner b which the Commission of (ppointments arri"e at a decision The Commission acts on all appointments submitted to it within 3D session da s The Commission decides b ma3orit "ote The Commission can onl meet and act when the Con#ress is in session Section 23: Reco 's an' !oo9s of accounts of the Con* ess shall !e p ese /e' an' open to the pu!lic The boo7s shall be audited b the Commission on (udit C;( must publish annuall the list of amounts paid to and e&penses incurred b each member of the Con#ress

Section 21: The Con* ess #a% con'uct in&ui ies in the ai' of le*islation %esi#ned to #ather data or information "ital in the formulation of laws Bas to be e&ercised based on the limitations set b the Constitution The power to conduct in)uires is not absolute or unlimited The ri#hts of the person affected b such in)uiries shall be respected 9 The ri#ht to due process 9 The ri#ht a#ainst self9 incrimination

Section 22: The hea's of 'epa t#ents #a% appea !efo e an' !e hea ' !% such house on #atte s pe tainin* to thei o"n 'epa t#ent Section 2$: The Con* ess7 !% a /ote of t"o<thi 's of !oth Houses7 shall ha/e the sole po"e to 'ecla e the e.istence of a state of "a The Con#ress has no power to declare war with an countr

;nl the power to declare the e&istence of a state of war The Con#ress ma #rant an emer#enc power to the !resident under two circumstances 1. 2n times of war +. ;ther national emer#enc The emer#enc power is null and "oid in absence of these occasions

(ppropriation 1aw the primar purpose of which is to authorize the release of public funds from the treasur

Section 24: All app op iation7 e/enue autho izin* inc ease of the pu!lic 'e!t shall o i*inate e.clusi/el% in the House of Rep esentati/es (ppropriation *ill the specific aim of which is to appropriate a certain sum of mone from the public treasur -e"enue *ill specificall desi#ned to raise mone or re"enue throu#h imposition or le" !ri"ate *ill one that is addressed to a specific pri"ate interest *ill of 1ocal (pplication addressed to a particular place of localit -epublic (ct $o. 7718 .&panded G(T 1aw Section 2(: The Con* ess #a% not inc ease the app op iations eco##en'e' !% the P esi'ent ( special appropriations bill shall specif the purpose of which it is intended $o law shall be passed authorizin# an transfer of appropriation

Classification of (ppropriation *illH1aw 1. ?eneral (ppropriation 1aw !assed annuall !ro"ide for the financial operations of the #o"ernment durin# one fiscal period +. 4pecial (ppropriation 1aw For specific purposes 4ection ,, of !residential %ecree $o. 1177 /*ud#et -eform %ecree of 19970 (n affront to the prohibition a#ainst the transfer of funds 2t empowers the !resident to absolutel and indiscriminatel transfer fund from one department The law in null and "oid 2mplied 1imitations on (ppropriation 'easures a. (ppropriation must be de"oted to a public purpose b. The sum authorized to be released must be determinate Constitutional 1imitations on 4pecial (ppropriations 'easures a. 'ust specif the public purpose for which the sum is intended b. 'ust be supported b funds actuall a"ailable Section 20: E/e % !ill passe' !% the Con* ess shall e#! ace onl% one su!:ect "hich shall !e e.p esse' in the title $o bill passed b either Bouse shall become a law unless it has passed three readin#s .&ception: when the !resident certifies to the necessit of its

!ower of (ppropriation the spendin# power called the =power of the purse> belon#s to the con#ress and is sub3ect onl to the "eto power of the !resident, who proposes the bud#et

immediate enactment to meet a public calamit or emer#enc *ill a draft of proposed law presented for appro"al to a le#islati"e bod 4teps in the !assa#e of a *ill 1. First -eadin# the bill is filed at the *ills and 2nde& %i"ision +. -eferral to appropriate committee 3. 4econd -eadin# ,. %ebates A. !rintin# and %istribution The bill is printed in the final form or "ersion 8. Third -eadin# $ominal "otin# is held (mendments are no lon#er allowed 7. -eferral to the ;ther Bouse <. 4ubmission to Joint *icameral 4ubmitted to a conference committee to reconcile conflictin# pro"isions 9. 4ubmission to the !resident for appro"al or disappro"al Section 24: E/e % !ill7 !efo e it !eco#es a la"7 #ust !e p esente' to the P esi'ent (ppro"al of *ills 5hen the !resident appro"es and si#ns the bill presented to him 5hen the presidential "eto is reconsidered b +H3 of the both Bouses "otin# separatel 5hen the !resident fails to communicate his "eto within 3D da s after recei"in# the receipt, the bill becomes a law Geto the power of the !resident to disappro"e a proposed law passed b the Con#ress !oc7et Geto

9 9

The !resident secures the disappro"al of a bill b mere inaction The inabilit of the !resident to return the bill within the period prescribed b the Constitution con"erts the bill into a law

2tem Geto 9 The !resident ma "eto distinct and se"erable parts

2mpoundment the refusal of the !resident to spend funds alread allocated b the Con#ress for a specific purpose Section 25: The ule of ta.ation shall !e unifo # an' e&uita!le 5harfa#e %ue the amount assessed a#ainst the car#o of a "essel en#a#ed in the forei#n trade Tonna#e %ue the amount paid b the owner of a "essel en#a#ed in a forei#n trade .ntities .&empted from Ta&ation 1. Charitable institutions +. -eli#ious institutions 3. $on9profit educational institutions ,. $on9profit cemeteries Section 26: No #one% shall !e pai' out of the T easu % e.cept in pu suance of an app op iation Section $3: No la" shall !e passe' inc easin* the appellate :u is'iction of the Sup e#e Cou t Section $1: No la" * antin* a title of o%alt% o no!ilit% shall !e enacte' Section $2: The Con* ess shall p o/i'e fo a s%ste# "he e!% people can 'i ectl% p opose an' enact la"s o app o/e o e:ect an% la"

-epublic (ct $o. 873A /(ct !ro"idin# for a 4 stem of 2nitiati"e and -eferendum0

You might also like