CONSTITUTIONAL LAW REHASH

1. CONDONATION DOCTRINE
 The Supreme Court has clarified that the doctrine of condonation can no longer
be used by elected public officials as a defense if they have been re-elected on
or after _______________, following its abandonment in Carpio- Morales.
 The doctrine of condonation first enunciated in the 1959 En Banc ruling in
Pascual v. Provincial Board of Nueva Ecija and reiterated in Aguinaldo v. Santos,
hence also known as Aguinaldo doctrine, states that an elected public official
cannot be removed for ____________________ committed during a prior term,
since his re-election to office operates as a condonation of the officer's previous
misconduct to the extent of cutting off the right to remove him therefor.
 This doctrine of forgiveness or condonation cannot, however, apply to
_______________ which the re-elected official may have committed during his
previous term. The Court also clarified that the condonation doctrine would not
apply to appointive officials since, as to them, there is no sovereign will to
disenfranchise.
 It bears noting that the condonation doctrine was abandoned in Carpio-Morales
primarily on the grounds that there was no _________________ to sustain the
condonation doctrine in this jurisdiction, and for being contrary to the present
Constitution's mandate of holding all public officials and employees
________________ to the people at all times. However, Carpio-Morales was
also clear that the abandonment of the condonation doctrine shall be
"____________ in application for the reason that judicial decisions applying or
interpreting the laws or the Constitution, until reversed, shall form part of the legal
system of the Philippines."
The condonation doctrine covers re-election through regular and recall elections.
 It is noteworthy that the rationale behind the doctrine of condonation speaks of
"___________________" without specifying the type of elections conducted,
thereby, signifying that the pivotal consideration in the application of the doctrine
is the electorate's act of electing again an erring public official. Thus, the Court
applies by analogy the well-established legal maxim "ubi lex non distinguit, nec
nos distinguere debemus." When the law, a case law in this instance, does not
distinguish, neither should we distinguish. Accordingly, that the manner of re-
election was through a regular or recall elections is beside the point for the
doctrine of condonation to apply. There should be no distinction as to the manner
of re-election in the application of the said doctrine where none is indicated.

2. Who are citizens of the Philippines under the 1987 Constitution?

Article IV Sec. 1

The following are citizens of the Philippines:

[1] Those who are citizens of the Philippines at the time of the ___________________;

[2] Those whose _______________ are citizens of the Philippines;

[3] Those born before _________________, of Filipino mothers, who elect Philippine
citizenship upon reaching the age of majority; and

[4] Those who are ______________ in accordance with law.

3. Who are natural-born citizens of the Philppines?

Section 2. Natural-born citizens are those who are citizens of the Philippines from
__________ without having to _________________ to __________ or perfect their
Philippine citizenship. Those who elect Philippine citizenship in accordance with
paragraph (3), Section 1 hereof shall be deemed natural-born citizens.

4. Can a dual-citizen run for election?

Yes, a dual-citizen may run for election provided he will make a personal sworn
renunciation of foreign citizenship at the time of the filing of the Certificate of Candidacy.

Section 5 of RA 9225 provides that those who shall retain or reacquire Philippine
citizenship under this law shall enjoy ____________________, with those seeking
elective public office required to make a _______________________________ at the
time of the filing of the COC.

In the Arnado v. Comelec case, which the high court decided on Aug. 18, the high
tribunal ruled that a person with dual citizenship may run for public office in the
Philippines provided that they meet the qualifications set by the Constitution and
existing laws, and make a personal and sworn renunciation of foreign citizenship at the
time of the filing of the COC.

5. Second Placer Rule

The rule on _____________ under Section 44  of RA 7160, would not apply if the permanent
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vacancy was caused by one whose COC was void ab initio. In case of vacancies caused by those
with _____________ COCs, the person legally entitled to the vacant position would be the candidate
who garnered the next highest number of votes among those eligible. Halili vs. COMELEC, G.R. No.
231643, Jan 15, 2019

6. Miranda Rights

With the enactment of RA 7438, police officers face ________________ of

imprisonment if they fail to read the Miranda Rights to the person being arrested. RA
7438 is an act defining certain rights of person arrested, detained or under custodial
investigation as well as the duties of the arresting, detaining and investigating officers,
and providing penalties for violations thereof.

Article III, Section 12, paragraph 1 of the Constitution provides:

Any person under investigation for the commission of an offense shall have the right to
be ______________________ and to have
_____________________________________________. If the person cannot afford the
services of counsel, he must be provided with one. These rights cannot be waived
except in ___________ and in the ______________________.
7. Inherent Powers of the State
Definition
1. Police Power. It is the power of the state to __________ liberty and property for the
promotion of the general welfare.
2. Power of Eminent Domain. It enables the State to ______________ private
property, upon payment of ______________, for some intended ___________.
3. Power of Taxation. It enables the State to __________ from the members of society
their __________________ in the _________________ of the government.

Similarities of the Three Inherent Powers of the State

1. They are inherent in the State and may be exercised by it without need of
_____________ constitutional grant.
2. They are not only necessary but ______________. The State cannot continue or be
effective unless it is able to exercise them.
3. They are methods by which the State __________ with private rights.
4. They all presuppose an ____________ for the private rights interfered with.
5. They are exercised primarily by the _____________.

Differences of the Three Inherent Powers of the State

POLICE POWER
_____________ liberty and property, exercised by govt, property taken is destroyed for
being ____________ and intended for noxious ___________, compensation is the
_____________ that he has contributed to the general welfare)
Power of EMINENT DOMAIN
affects property rights only, may be exercised by both the govt and private entities,
property taken is intended for ____________, compensation is more concrete, to wit, a
full and fair equivalent of the property expropriated or protection)

Power of TAXATION
affects ______________ only, property taken is intended for public use, exercised by
the govt, compensation is more concrete, a full and fair equivalent of the public
improvements for the taxes paid)

Limitations of These Powers

A. The basic limitations of due process and equal protection are found in the following
provisions of our Constitution:

SECTION 1. (1) No person shall be deprived of life, liberty or property without due
process of law, nor any person be denied the __________________. (Article III, Phil.
Constitution)
B. The presumption of libertarian societies is in favor of private rights and against
attempts on the part of the State to interfere with them.
C. The exercise of these fundamental powers is subject at all times to the
_______________________ of the Constitution and may in proper cases be
_____________ by the courts of justice.
8. Constitutionality of Mandatory Vaccination
Mandatory vaccination is constitutional. It is an exercise of the State’s ____________
and the discharge of the constitutional state policy of protecting and promoting the
people’s right to health.
Certainly, one’s right to _________________ cannot be exercised in complete and
_______________ of the rights of others.
The unavoidability of _____________ to respond to such _____________ need to
________ public health is clear. Nevertheless, citizens are expected to uphold and
participate in the promotion of common good.
Invocation of constitutional rights perceived to be violated by a mandatory inoculation,
such as the right to privacy, should not prevail if it would be ___________________ to
the common good. The exercise of a right is not ____________.