Kinds of exe priv: state secret, informer’s, generic Sec 17 Art VIEach ELECTORAL TRIBUNAL shall be the sole
Sec 17 Art VIEach ELECTORAL TRIBUNAL shall be the sole judge
Prohibitions P,VP,CM,thD/A:
$ not receive any other emolument
$ not hold any other office or employment during their tenure
$ not practice, directly or indirectly, any other profession DTT
$ not participate in any business
$ not be financially interested in any contract/privilege granted by
the Government
$ avoid conflict of interest in conduct of office
$ avoid nepotism
Powers of Pres:
faithful execution clause, power of administrative reorganization,
executive(vested in Pres, not limited as set forth in Consti,
privilege of immunity form suit, cannot dispose state property.
Specific:
Appointing power- selection of an individual who is to exercise the
functions of a given office.
Power of control over all exe dept, bur and offs- to alter or modify
or nullify or to set aside what a subordinate has done in the
performance of his duties and to substitute one’s own judgment
for that of a subordinate.
Commander-in-Chief – Scope:Command of the Armed Forces;
Calling-out powers – Call the armed forces to prevent or suppress
lawless violence, invasion, or rebellion; Suspension of the
privilege of the writ of habeas corpus
Pardoning power- An act of grace, which exempts individual on
whom it is bestowed from punishment which the law inflicts for a
crime he has committed.
Borrowing power
Diplomatic/Treaty-making power
Budgetary power
Informing power
Veto power
Power of general supervision over local govt
Power to call special session
COA confirmation:
Heads of exe dept; ambassadors, ministers, consuls;AFP from
rank of colonel or naval captain; other officers of gov whose appts
are vested in Pres in Consti.
Alter ego doctrine: delegate, PRES busy man
ML: Guidelines ML: presence of invasion or rebellion, and Public
safety requires the proclamation of ML in the Philippines or any
part thereof. Duration: Not more than 60 days 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 proclamation: by majority vote of all of its members
voting jointly.
Kinds of exe clemency: Pardons (conditional or plenary),
Reprieves- postponement of sentence to a date certain;
Commutations- reduction or mitigation of the penalty, from death
penalty to life imprisonment, remittances and fines.; Remission of
fines and forfeitures- prevents the collection of fines or the
confiscation of forfeited property; Amnesty- The grant of general
pardon to a class of political offenders either after conviction or
even before the charges is filed
Parole suspension of the sentence of a convict granted by a
Parole Board after serving the minimum term of indeterminate
sentence penalty
DIPLOMATIC POWERS: Negotiate treaties and other international
agreements.; Appoint ambassadors, other public ministers, and
consuls; Receive ambassadors & accredited public ministers to the
Philippines; Contract & guarantee foreign loans on behalf of
RP;Deport aliens; Decide that a diplomatic officer who has
become persona non grata be recalled; Recognize governments
&withdraw recognition.
JUDICIARY:
JP: The duty of the 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 the Government. Sec 1 art
VIII
Requisites of JR: Actual case; Proper Party(LS,RP-i-I):Earliest
opportunity (constitutional question);Necessity of deciding
constitutional question.
Functions JR: Checking, Legitimizing; Symbolic
non-Hohfeldian plaintiff: qui tam plaintiff-one; in stockholder's
derivative suit; bailee for recovery of damage to bailed
personality; recovery in behalf of an underage child
STAER DECISIS: Deemed of imperative authority, controlling the
decisions of like cases in the same courts within the same
jurisdiction, unless and until the decision in question is reversed
or overruled by a court of competent authority.
SLIPPERY SLOPE: “we ought not to make a sound decision today,
for fear of having to draw a sound distinction tomorrow”
OPERATIVE FACT: the law is recognized as unconstitutional but
the effects of unconstitutional law may be left undisturbed.
MOOT QUESTIONS judgment cannot have any practical legal
effect and cannot be enforced.
POLITICAL QUESTION to be decided by the people in their
sovereign capacity, delegated to the legislative or executive
branch of the government; DOCTRINE: the power of judicial
review cannot be exercised when the issue is a political question.
SAFEGUARDS OF JUDICIAL INDEPENDENCE:
The SC is a constitutional body and may not be abolished by law
Members are only removable by impeachment.
SC may not be deprived of its minimum and appellate jurisdiction
SC has administrative supervision over all inferior courts and
personnel.
SC has exclusive power to discipline judges/justices of inferior
courts.
The members of the judiciary enjoy security of tenure.
The members of the judiciary may not be designated to any
agency performing quasijudicial or administrative functions.
The salaries of judges may not be reduced; FISCAL AUTONOMY:
guarantee of flexibility to allocate and utilize resources that the
needs require.
The SC alone may initiate the promulgation of the Rules of Court
The SC alone may order temporary detail of judges.
The SC can appoint all officials and employees of the Judiciary
JUDICIAL RESTRAINT: every intendment of law must be
adjudged by courts in favor of its constitutionality, invalidity will
be the measure of last resort.
Composition of the JBC Chief Justice, as ex-officio chairman;
Secretary of Justice, as an ex-officio member; Representative of
Congress, as an ex- officio member; Representative of the
Integrated Bar; A professor of law; A retired member of the SC;
Private sector representative
qualification J: Of proven competence, integrity, probity and
independence;
Scope of the rule making power of the SC 1. The protection and
enforcement of constitutional rights 2. Pleadings, practice and
procedure in all courts 3. Admission to the practice of law 4. The
Integrated Bar 5. Legal assistance to the underprivileged
JUDICIAL PRIVILEGE: Deliberative process privilege is the
privilege against disclosure of information or communications that
formed the process of judicial decisions; purpose: from public
scrutiny or the pressure of public opinion that would impair their
ability to render impartial decisions.
SUFFRAGE: right to vote in the election of officers chosen by the
people and in the determination of questions submitted to the
people;includes 1. Election: selection of candidates to public office
by popular vote of the people 2. Plebiscite: initiative on the
Constitution is approved or rejected by the people 3. Initiative:
power of the people to propose amendments to the Constitution
or to propose and enact legislations through election called for the
purpose and 4. Referendum- —power of the electorate to
approve or reject a piece of legislation through an election called
for the purpose**in addition Recall—mode of removal of an
elective public officer by the people before the end of his term of
office
Citizens of the Philippines 1. Those who are Filipino citizens at the
time of the adoption of the 1987 Constitution: a. Those who are
citizens under the Treaty of Paris; b. Those declared citizens by
judicial declaration applying the jus soli principle, before c. Those
who are naturalized in accordance with law. d. Those who are
citizens under the 1935 Constitution. e. Those who are citizens
under the 1973 Constitution. 2. Those whose fathers or mothers
are Filipino citizens 3. Those born before January 17, 1973, of
Filipino mothers, who elect Philippine citizenship upon reaching
the age of majority; 4. Those naturalized in accordance with law.
CARAM RULE Under the 1935 Constitution, those born in the
Philippines of foreign parent, who before the adoption of the
Constitution had been elected to public office, are considered
Filipino citizens.
NATURALIZATION act of formally adopting a foreigner into the
political body of a nation by clothing him or her with the privileges
of a citizen.MODES: Administrative naturalization pursuant to RA
9139; Judicial naturalization pursuant to CA 473; Legislative
naturalization in the form of a law enacted by Congress bestowing
Philippine citizenship to an alien
Denaturalization The process taken by a government to revoke
the citizenship status of an individual.
Ways to reacquire citizenship 1. Naturalization 2. Repatriation-
Recovery of the original nationality 3. Direct act of Congress
RA 9225 “Citizenship Retention and Re-acquisition Act of 2003,”
approved on August 29, 2003
Government officials required to be natural-born Filipino citizens
1. President 2. Vice-President 3. Members of Congress 4. Justices
of Supreme Court and lower collegiate courts 5. Ombudsman and
his deputies 6. Members of Constitutional Commissions 7.
Members of the Central Monetary Authority 8. Members of the
Commission on Human Rights
Limitations on the LP 1. Substantive: content of laws. 2.
Procedural: manner of passing laws. 3. Congress cannot pass
irrepealable laws. 4. Congress, as a general rule, cannot delegate
its legislative power.
Classes of LP (ODCO) 1. Original: Possessed by the people in
their sovereign capacity 2. Delegated: Possessed by Congress and
other legislative bodies by virtue of the Constitution. 3.
Constituent: The power to amend or revise the Constitution. 4.
Ordinary: The power to pass ordinary laws.
House of congress
Composition:S-24, C- Not more than 250 members, unless
otherwise provided by law.;
Qualifications:S. NBC of the Philippines; 2. At least 35 otdoE; 3.
Able to read and write; 4. A registered voter; 5. Resident of the
Philippines for not less than 2 years immediately preceeding the
day of election; C- NBC of the Philippines; 2. Except youth
partylist representatives, at least 25 years of age on the day of
election; 3. Able to read and write; 4. Except the party-list
representatives, a registered voter in the district in which he shall
be elected; 5. Resident thereof for a period of not less than 1 year
immediately the day of the election.
TERM OF OFFICE: S: 6years, commencing at noon on the 30th
day of June next following their election. Term limit: 3
consecutive terms. However, they may serve for more than 3
terms provided that the terms are not consecutive; C- 3 years,
commencing at noon on the 30th day of June next following their
election. Term limit: 3 consecutive terms.
GERRYMANDERING Formation of one legislative district out of
separate territories for the purpose of favoring a candidate or a
party. It is not allowed.
PARTY-LIST SYSTEM Mechanism of proportional representation in
the election of representatives to the HoR from national, regional
and sectoral parties or organizations or coalitions thereof
registered with the COMELEC. intends to make the marginalized
and the underrepresented not merely passive recipients of the
State’s benevolence, but active participants in the mainstream of
representative democracy.
Different parties: 1. Political party – Organized group of citizens
advocating ideology or platform 2. National party – Its
constituency is spread over the geographical territory of at least a
majority of regions. 3. Regional party – Its constituency is spread
over the geographical territory of at least a majority of the cities
and provinces comprising the region. 4. Sectoral party –
Organized group of citizens belonging to any of the following
sectors: labor, peasant, fisherfolk, urban poor, indigenous,
cultural communities, elderly, handicapped, women, youth,
veterans, overseas workers and professionals, whose principal
advocacy pertains to the special interest and concerns of their
sectors. 5. Sectoral Organization – Refers to a group of citizens
who share similar physical attributes or characteristics,
employment, interest or concerns. 6. Coalition – Refers to an
aggregation of duly registered national, regional, sectoral parties
or organizations for political and/or election purposes.
Qualifications of a PL nominee 1. Natural- born citizen of the
Philippines; 2. Registered voter; 3. Resident of the Philippines for
at least 1 year immediately preceding the day of the election; 4.
Able to read and write; 5. Bona fide member of the party or
organization which he seeks to represent at least 90 days
preceding election day; 6. At least 25 years of age. (For youth
sector nominees, at least 25 years and not more than 30 years of
age)
LEGISLATIVE PRIVILEGE Provides that no member shall be
questioned or held liable in any forum other than his respective
Congressional body for any debate or speech in Congress or in
any committee thereof.
LIMITATIONS: 1. Protection is only against the forum other than
the Congress itself. 2. The “speech or debate” must be made in
performance of their duties as members of Congress.
INCOMPATIBLE OFFICE – No senator or member of the HoR may
hold any other office or employment in the Government, or any
subdivision, agency, or instrumentality thereof, including
government owned and controlled corporations or their
subsidiaries during his term without forfeiting his seat;
FORBIDDEN OFFICE – Neither shall a senator or a member of the
House of Representatives be appointed to any office which may
have been created or the emoluments thereof increased during
the term for which he was elected. SEC 13 ArtVI
QUORUM Such number which enables a body to transact its
busines and gives such body the power to pass a law or ordinance
or any valid act that is binding. MAJORITY VOTE Pertains only to
such number or quantity as may be required to elect an aspirant
as such.
REGULAR SESSION OF CONGRESS Congress convenes once every
year on the 4th Monday of July, unless otherwise provided for by
law. It continues in session for as long as it sees fit, until 30 days
before the opening of the next regular session, excluding
Saturdays, Sundays, and legal holidays
ADJOURNMENT SINE DIE An interval between the session of one
Congress and that of another.
of all contests relating to the election, returns, and qualifications
of their respective members. This includes determining the
validity or invalidity of a proclamation declaring a particular
candidate as the winner.
LPower(The power or competence of the legislative to propose,
enact, ordain, amend/alter, modify, abrogate or repeal laws.) of
Congress 1. General plenary power (Sec. 1, Art. VI) 2. Specific
power of appropriation 3. Taxation and expropriation 4.
Legislative investigation 5. Question hour
SHIFTING MAJORITY For each House of Congress to pass a bill,
only the votes of the majority of those present in the session,
there being a quorum, is required.
Instances when a bill becomes a law 1. Approved
and signed by the President 2. Presidential veto overridden by 2/3
vote of all members of both Houses 3. Failure of the President to
veto the bill and to return it with his objections to the House
where it originated, within 30 days after the date of receipt 4. A
bill calling a special election for President and Vice-President
under Sec. 10. Art. VII becomes a law upon its approval on the
third reading and final reading.
Limitations on LEGISLATIVE INVESTIGATION 1. Under Sec. 21,
Art. VI, the persons appearing in or affected by such legislative
inquiries shall be respected. 2. The Rules of procedures to be
followed in such inquiries shall be published 3. The investigation
must be in aid of legislation. 4. Congress may not summon the
President as witness or investigate the latter except on
impeachment cases.
QUESTION HOUR Where the heads of departments may, upon
their own initiative, with the consent of the President, or upon the
request of either House, appear before and be heard by such
House on any matter pertaining to their departments. Written
questions shall be submitted to the President of the Senate or the
Speaker of the HoR at least 3 days before their scheduled
appearance.
Bases of OVERSIGHT POWER OF CONGRESS 1. Intrinsic in the
grant of legislative power itself; 2. Integral to the system of
checks and balances; and 3. Inherent in a democratic system of
government.
CATEGORIES OF CONGRESSIONAL OVERSIGHT FUNCTIONS 1.
Scrutiny — Implies a lesser intensity and continuity of attention to
administrative operations. 2. Congressional Investigation —
Involves a more intense digging of facts. 3. Legislative
Supervision — Connotes a continuing and informed awareness on
the part of congressional committee
LEGISLATIVE VETO A statutory provision requiring the President
or an administrative agency to present the proposed IRR of a law
to Congress to approve or disapprove such regulations before
they take effect.
Limitations on LP
Substantive
1. Express: a. Bill of Rights b. On Appropriations c. On Taxation d.
On Constitutional appellate jurisdiction of SC e. No law granting
title of royalty or nobility shall be passed f. No specific funds shall
be appropriated or paid for use or benefit of any group, org, or
sector
2. Implied: a. Prohibition against irrepealable laws b. Non-
delegation of powers
Procedural
1. Only one subject, to be stated in the title of the bill
2. Three (3) readings on separate days; printed copies of the bill
in its final form distributed to members 3 days before its passage.
3. Appropriation bills, revenue bills, tariff bills, bills authorizing
the increase of public debt, bills of local application and private
bills shall originate exclusively in the HOR
Rule on PRESIDENTIAL VETO GR: If the President disapproves a
bill enacted by Congress, he should veto the entire bill. He is not
allowed to veto separate items of a bill. XPN: Item-veto is allowed
in case of Appropriation, Revenue, and Tariff bills except Doctrine
of inappropriate provisions and Executive impoundment
RIDER A provision in a bill which does not relate to a particular
appropriation stated in the bill.
Instances.. yeas and nays of the Members: 1. Upon the last and
third readings of a bill; 2. At the request of 1/5 of the members
present; and 3. In repassing a bill over the veto of the President.
NON-LEGISLATIVE POWERS OF CONGRESS
1. Power to declare the existence of state of war
2. Power to act as Board of Canvassers in election of President
3. Power to call a special election for President and Vice-President
4. Power to judge President’s physical fitness to discharge the
functions of the Presidency
5. Power to revoke or extend suspension of the privilege of the
writ of habeas corpus or declaration of martial law
6. Power to concur in Presidential amnesties.
7. Power to concur in treaties or international agreements;
8. Power to confirm certain appointments/ nominations made by
the
9. Power of Impeachment
10. Power relative to natural resources
11. Power of internal organization a. Election of officers b.
Promulgate internal rules c. Disciplinary powers
12. Informing Function (Leg inve & oversight power)
IMPEACHMENT The method by which persons holding government
positions of high authority, prestige, and dignity and with definite
tenure may be removed from office for causes closely related to
their conduct as public officials.
Grounds for impeachment 1. Culpable violation of the Constitution
2. Treason 3. Bribery 4. Graft and Corruption 5. Other high crimes
6. Betrayal of public trust Impeachable officers 1. President 2.
Vice-President 3. Members of the Supreme Court 4. Members of
the Constitutional Commissions 5. Ombudsman
VOTING SEPARATE: Choosing the President in case of a ;
Determining President’s ;Confirming nomination of
VicePresident;Declaring the existence of a state of war in joint
session; - Proposing Constitutional amendments JOINT: When
revoking or extending the proclamation suspending the privilege
of writ of habeas corpus;When revoking or extending the
declaration of martial law
MAJORITY: elect the SP or HORSs; Commision on appointment
ruling; passing law granting tax expemtion; 2/3 all mmbers: To
suspend or expel a member in accordance with its rules and
proceedings; 1/5 mmbrs present: To enter the Yeas and nays in
the Journal; 2/3 in joint session voiting separately: To declare the
existence of a state of war.