Professional Documents
Culture Documents
The national territory of the Philippines comprises: The Philippine archipelago With all the
islands and waters embraced therein And all other territories over which the Philippines
has sovereignty or jurisdiction Consisting of its terrestrial, fluvial and aerial domains,
including its territorial sea, the seabed, the subsoil, insular shelves and other submarine
areas.
Definition of Archipelago
An archipelago is a body of water studded with islands. The Philippine archipelago is
that body of water studded with islands which is delineated in the Treaty of Paris (1898),
as amended by the Treaty of Washington (1900) and the Treaty of Great Britain (1930).
Definition of “all other territories over which the Philippines has sovereignty or
jurisdiction”
It includes any territory that presently belongs or might in the future belong to the
Philippines through any of the internationally accepted modes of acquiring territory.
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.
The straight baseline method of delineating the territorial sea – consists of drawing
straight lines connecting appropriate points on the coast without departing to any
appreciable extent from the general direction of the coast.
NORMAL BASELINE METHOD -
Important distances with respect to the waters around the Philippines maritime
ZONES
Territorial Sea – right of innocent passage of foreign vessels or prejudicial to the interest
of the coastal state.
*Right of innocent passage -
a. Threat or use of force against the coastal state, its sovereignty, territorial
integrity, political independence
b. Engages in exercise or practice with weapons
c. Collecting information on the defense or security of the state
d. Form of propaganda aimed at affecting states defense or security
e. Foreign vessel with aircraft.
f. Launching, landing or taking on board Military devise
g. Customs, currency or fiscal, immigration and sanitary laws violation
h. Fishing activities
i. Research or survey activities
j. Interference in communications and installation of the coastal state
CONTIGUOUS ZONE - Inspection areas – customs, fiscal, immigration and sanitary laws
of costal state
INLAND WATERS - foreign vessels have no right of innocent passage.
c. If violation within the EEZ, pursuit made for violation of any laws or regulations of
the coastal state
d. When does the right of hot pursuit cease? When the foreign pursued enters the
territorial sea of its own state or other state.
ARTICLE II – DECLARATION OF PRINCIPLES AND STATE POLICIES
Selected principles
Principles – binding rules
Policy - guidelines for the orientation of state – roadmap
STATE
A community of persons, more or less numerous permanently occupying a definite
portion or territory independent
Definition of “People”
A community of persons sufficient in number capable of maintaining continued
existence of the community and held together by a common bond of law.
Definition of “Sovereignty”
Two types of Sovereignty
LEGAL – the supreme power to make law; lodged in the people.
POLITICAL – the sum total of all the influences in a state, legal or non legal,
which determine the course of law.
Definition of “Government”
That institution or aggregate of institutions by which an independent society
makes and carries out those rules of action which are necessary to enable men to live in
a social state or which are imposed upon the people forming that society by those who
possesses power or authority of prescribing them.
Classification of governments
1. De facto proper – that government gets possession and control or usurps by force or
by the voice of majority the rightful legal government and maintains itself against the
will of the latter.
It is one wherein all government authority emanates from the people and is exercised by
representatives chosen by the people.
This merely emphasizes that the Philippines has some aspects of direct democracy such
as initiative and referendum.
1. Right of an alien to be released on bail while awaiting deportation when his failure to
leave the country is due to the fact that no country will accept him (Mejoff v. Director
of Prisons, 90 Phil. 70) Universal Declaration of Human Rights,
2. The right of a country to establish military commissions to try war criminals (Kuroda v.
Jalondoni, 83 Phil. 171)
3. The Vienna Convention on Road Signs and Signals (Agustin v. Edu, 88 SCRA 195)
DOCTRINE OF TRANSFORMATION
International law can become part of the municipal law only if it transformed into
domestic law through the appropriate constitutional machinery such as an act of
Partliament.
DOCTRINE OF INCORPORATION
The law of nations, wherever any question arises which is properly the object of
jurisdiction, is here adopted in its full extent by the common law, and it is held to be part
of the law of the land.
DUALIST – follows domestic laws and international laws; PHILIPPINES follow the
dualist system
SEC 3. Civilian authority is, at all times, supreme over the military. The Armed
Forces of the Philippines is the protector of the people and the State. Its goal is
to secure the sovereignty of the State and the integrity of the national territory.
Civilian authority simply means the supremacy of the law because authority, under
our constitutional system, can only come from law. Under this clause, the soldier
renounces political ambition.
Mark of sovereignty (2 nd and 3rd sentences) - The Armed Forces of the Philippines
is the protector of the people and the State. Its goal is to secure the sovereignty of
the State and the integrity of the national territory.
Positively, this clause singles out the military as the guardian of the people and of the
integrity of the national territory and therefore ultimately of the majesty of the law.
SEC 4. The prime duty of the Government is to serve and protect the people. The
Government may call upon the people to defend the State and, in the fulfillment
thereof, all citizens may be required, under conditions provided by law, to render
personal, military, or civil service.
SEC. 5. The maintenance of peace and order, the protection of life, liberty and
property, and the promotion of the general welfare are essential for the
enjoyment by all the people of the blessings of democracy.
SEC. 7. The State shall pursue an independent foreign policy. In its relations with
other states, the paramount consideration shall be national sovereignty,
territorial integrity, national interest, and the right to self-determination.
SEC. 8. The Philippines, consistent with the national interest, adopts and pursues
a policy of freedom from nuclear weapons in its territory.
Policy of freedom from nuclear weapons
The policy PROHIBITS the possession, control and manufacture of CODE: ABCI.
The policy does NOT prohibit the peaceful uses of nuclear energy.
Section 9 & 10
They derive from the premises that poverty and gross inequality are major problems
besetting the nation and that thse problems assault the dignity of the human person.
Social Justice means the equalization of economic, political and social opportunities with
special emphasis on the duty of the state to tilt the balance of social forces by favoring the
disadvantaged in life.
SEC. 12. The State recognizes the sanctity of family life and shall protect and
strengthen the family as a basic autonomous social institution. It shall equally
protect the life of the mother and the life of the unborn from conception. etc.
It is not an assertion that the life of the unborn is placed exactly on the level of the life of
the mother. Hence, when it is necessary to save the life of the mother, the life of the
unborn may be sacrificed.
Under this provision, the Roe v. Wade doctrine allowing abortion up to the 6 th month of
pregnancy cannot be adopted in the Philippines because the life of the unborn is protected
from the time of conception.
SEC. 16. The State shall protect and advance the right of the people to a balanced
and healthful ecology in accord with the rhythm and harmony of nature.
While the right to a balanced and healthful ecology is found under the declaration of
Principle and State Policies and not under the Bill of Rights, it does not follow that it is less
important than any of the civil and political rights enumerated in the latter. (Oposa v.
Factoran)
The right to a balanced and healthful ecology carries with it the correlative duty to refrain
from impairing the environment. (Oposa v. Factoran)
SEC. 26. The State shall guarantee equal access to opportunities for public
service, and prohibit political dynasties as may be defined by law.
SEC. 27. The State shall maintain honesty and integrity in the public service and
take positive and effective measures against graft and corruption.
SEC. 28. Subject to reasonable conditions prescribed by law, the State adopts
and implements a policy of full public disclosure of all its transactions involving
public interest.
Procedural due process – refers to the mode of procedure which government agencies
must follow in the enforcement and application of laws.
Proper court
Jurisdiction must be lawfully acquired
Notice and opportunity to be heard
Lawful hearing
A court or tribunal clothed with judicial power to hear and determine the
matter before it.
1. Jurisdiction must be lawfully acquired over the person of the
defendant or over the property which is the subject of the proceedings.
2. The defendant must be given notice and an opportunity to be heard.
3. Judgment must be rendered upon a lawful hearing.
Right to a hearing
Evidence presented
Decision must have something to support itself
Substantial Evidence
Decision based on the evidence presented
Act on independent consideration of the law and facts of the controversy
Render its decision in such a manner that the parties to the proceeding
can know the various issues involved and the reasons for the decision
rendered
1. The right to a hearing, which includes the right to present one’s case
and submit evidence in support thereof.
2. The tribunal must consider the evidence presented.
3. The decision must have something to support itself.
4. Evidence supporting the conclusion must be substantial.
5. The decision must be based on the evidence presented at the hearing
or at least contained in the record and disclosed to the parties affected.
6. The tribunal or body or any of its judges must act on its or his own
independent consideration of the law and facts of the controversy, and
not simply accept the views of a subordinate in arriving at a decision.
7. The board or body should, in all controversial questions, render its
decision in such a manner that the parties to the proceeding can know
the various issues involved and the reasons for the decision rendered.
Note:
1. What is required is not actual hearing, but a real opportunity to be heard.
2. The requirement of due process can be satisfied by subsequent due hearing.
3. Violation of due process: when same person reviews his own decision on
appeal.
4. Notice and hearing are required in judicial and quasi-judicial proceedings, but
not in the promulgation of general rule.
1. The student must be informed in writing of the nature and cause of any
accusation against them.
2. The student shall have the right to answer the charges against him, with
the assistance of counsel if desired.
3. The student has the right to be informed of the evidence against him.
4. The student has the right to adduce evidence in his own behalf.
5. The evidence must be duly considered by the investigating committee
or official designated by the school authorities to hear and decide the
case.
6. The penalty imposed must be proportionate to the offense.
Note:
1. The school has a contractual obligation to afford its students a fair opportunity
to complete the course a student has enrolled for.
2. Exceptions:
Serious breach of discipline; or
Failure to maintain the required academic standard.
Overbreadth doctrine
Decrees that a governmental purpose may not be achieved by means which sweep
unnecessarily broadly and thereby invade the area of protected freedoms.
A statute or regulation is void for overbreadth when it offends the constitutional principle
that governmental purpose to control or prevent activities constitutionally subject to State
regulations may not be achieved by means that sweep unnecessarily broadly and
thereby invade the area of protected freedoms.
The established rule is that a party can question the validity of a statute only if, as
applied to him, it is unconstitutional.
The equality that it guarantees is legal equality or the equality of all persons before the
law. It does not demand absolute equality. It merely requires that all persons shall be
treated alike, under like circumstances and conditions both as to privileges conferred and
liabilities enforced.
Requisites for VALID CLASSIFICATION FOR PURPOSES of the equal protection
clause
Case: Estrada v.
Escritor
Section 2. The right of the people to be secure in their persons, houses, papers,
and effects against unreasonable searches and seizures of whatever nature and
for any purpose shall be inviolable, and no search warrant or warrant of arrest
shall issue except upon probable cause to be determined personally by the judge
after examination under oath or affirmation of the complainant and the witnesses
he may produce, and particularly describing the place to be searched and the
person or things to be seized.
General Rule: Search and seizures are unreasonable
Exception: UNLESS authorized by a validly issued search warrant or warrant of arrest
Probable cause refers to such facts and circumstances which would lead a
reasonably discreet and prudent man to believe that an offense has been
committed by the person sought to be arrested.
Probable cause would mean such facts and circumstances which would
lead a reasonably discreet and prudent man to believe that an offense has been
committed and that the objects sought in connection with the offense are in the
place to be searched.
Note: Probable cause for the issuance of a search warrant does NOT require that the
probable guilt of a specific offender be established, unlike in the case of a warrant of arrest.
The judge is NOT required to personally examine the complainant and his witnesses.
What the Constitution underscores is the exclusive and personal responsibility of the
issuing judge to satisfy himself of the existence of probable cause (Soliven v.
Makasiar, 167 SCRA 394).
To be sure, the Judge must go beyond the prosecutor’s certification and investigation
report whenever necessary (Lim v. Felix).
Procedure:
1. The judge personally evaluates the report and supporting documents submitted by the
fiscal regarding the existence of probable cause and, on the basis thereof, issue a
warrant of arrest or
2. If on the basis thereof, the judge finds no probable cause, he may disregard the fiscal’s
report and require the submission of supporting affidavits of witnesses to aid him in
arriving at the conclusion as to the existence of probable cause.
1. The oath required must refer to the truth of the facts within the personal knowledge of
the complainant or his witnesses because the purpose is to convince the judge of the
existence of probable cause (Alvarez v. CFI, 64 Phil. 33).
2. The true test of sufficiency of an affidavit to warrant the issuance of a search warrant
is whether it has been drawn in such a manner that perjury could be charged thereon
and affiant be held liable for the damages caused (Alvarez v. CFI).
1. A search warrant may be said to particularly describe the things to be seized when the
description therein is as specific as the circumstances will ordinarily allow or
2. When the description expresses a conclusion of fact – not of law – by which the
warrant officer may be guided in making the search and seizure or
3. When the things described are limited to those which bear a direct relation to
the offense for which the warrant is being issued (Bache and Co. v. Ruiz, 37 SCRA
823).
A “John Doe” warrant can satisfy the requirement of particularity of description if it contains
a descriptio personae such as will enable the officer to identify the accused (People v.
Veloso, 48 Phil. 159)
GENERAL WARRANT
A general warrant is one that does not allege any specific acts or omissions constituting
the offense charged in the application for the issuance of the warrant. It contravenes the
explicit demand of the Bill of Rights that the things to be seized be particularly described.
i. Any money or property found upon his person which was used in the
commission of the offense or
ii. Was the fruit thereof or
iii. Which might furnish the prisoner with the means of committing violence
or escaping or
iv. Which may be used in evidence in the trial of the case
B. The search must be made simultaneously with the arrest and it may only be
made in the area within the reach of the person arrested
3. Seizure of goods concealed to avoid customs duties/authorized under the Tariffs and
Customs Code
A. The Tariffs and Customs Code authorizes persons having police authority
under the Code to effect search and seizures without a search warrant to
enforce customs laws.
B. Exception: A search warrant is required for the search of a dwelling house.
C. Searches under this exception include searches at borders and ports of entry.
Searches in these areas do not require the existence of probable cause
A. To be a valid warrantless search, the articles must be open to the eye and
hand.
B. The peace officer comes upon them inadvertently.
5. Waiver of right
Note:
1. Checkpoints: as long as the vehicle is neither searched nor its occupants
subjected to a body search and the inspection of the vehicle is limited to a
visual search = valid search (Valmonte V. De Villa)
2. Carroll rule: warrantless search of a vehicle that can be quickly moved out of
the locality or jurisdiction
3. The 1987 Constitution has returned to the 1935 rule that warrants may be
issued only by judges, but the Commissioner of Immigration may order the
arrest of an alien in order to carry out a FINAL deportation order.
2. When an offense has in fact just been committed and the arresting officer has personal
knowledge of facts indicating that the person to be arrested has committed it.
3. When the person to be arrested is a prisoner who has escaped from a penal
establishment or place where he is serving final judgment or temporarily confined while
his case is pending, or has escaped while being transferred from one confinement to
another.
When a person who is detained applies for bail, he is deemed to have waived any
irregularity which may have occurred in relation to his arrest.
5. Hot pursuit
A. The pursuit of the offender by the arresting officer must be continuous from the
time of the commission of the offense to the time of the arrest.
B. There must be no supervening event which breaks the continuity of the chase.
When a policeman observes suspicious activity which leads him to believe that a crime
is about to be committed, he can investigate the suspicious looking person and may
frisk him for weapons as a measure of self-protection. Should he find, however, a
weapon on the suspect which is unlicensed, he can arrest such person then and there
for having committed an offense in the officer’s presence.
1. The law does not distinguish between a party to the private communication or a third
person. Hence, both a party and a third person could be held liable under R.A. 4200
if they commit any of the prohibited acts under R.A. 4200 (Ramirez v. Ca)
Exclusionary rule:
Any evidence obtained shall be inadmissible for any purpose in any proceeding. However,
in the absence of governmental interference, the protection against unreasonable search
and seizure cannot be extended to acts committed by private individuals. (People v.
Martin)
Protected speech includes every form of expression, whether oral, written, tape or disc
recorded. It includes motion pictures as well as what is known as symbolic speech such
as the wearing of an armband as a symbol of protest. Peaceful picketing has also been
included within the meaning of speech.
1. Prior restraint means official governmental restrictions on the press or other forms of
expression in advance of actual publication or dissemination.
a. During a war. Ex. Government can prevent publication about the number/locations
of its troops (Near v. Minnesota, 238 US 697)
b. Obscene publications.
TEST CRITERION
1. Dangerous Tendency Test There should be a RATIONAL
CONNECTION between the speech and the
evil apprehended.
2. Clear and Present Danger Test There should be a clear and present danger
that the words when used under such
circumstances are of such a nature as to
create a CLEAR AND PRESENT DANGER
that they will bring about the substantive evils
that the State has a right to prevent.
Freedom of Speech
The doctrine on freedom of speech was formulated primarily for the protection of “core”
speech, i.e. speech which communicates political, social or religious ideas. These enjoy
the same degree of protection. Commercial speech, however, does not.
Commercial Speech
2. To enjoy protection:
a. It must not be false or misleading; and
b. It should not propose an illegal transaction.
Unprotected Speech
1. LIBEL
A. FAIR COMMENT (U.S. Rule). These are statements of OPINION, not of fact, and
are not considered actionable, even if the words used are neither mild nor
temperate. What is important is that the opinion is the true and honest opinion of
the person. The statements are not used to attack personalities but to give one’s
opinion on decisions and actions.
2. OBSCENITY
1. The standards for allowable impairment of speech and press also apply to the right of
assembly and petition.
i. Applicant should inform the licensing authority of the date, the public place
where and the time when the assembly will take place.
ii. The application should be filed ahead of time to enable the public official
concerned to appraise whether there are valid objections to the grant of the
permit or to its grant, but in another public place. The grant or refusal
should be based on the application of the Clear and Present Danger Test.
iii. If the public authority is of the view that there is an imminent and grave
danger of a substantive evil, the applicants must be heard on the matter.
iv. The decision of the public authority, whether favorable or adverse, must be
transmitted to the applicants at the earliest opportunity so that they may, if
they so desire, have recourse to the proper judicial authority.
Only the consent of the owner of the property or person entitled to possession thereof
is required.
1. Non-establishment clause
2. Free exercise of Religion
1. The non-establishment clause does not depend upon any showing of direct
governmental compulsion. It is violated by the enactment of laws which establish an
official religion whether those laws operate directly to coerce non-observing
individuals or not. The test of compliance with the non-establishment clause can be
stated as follows: What are the purposes and primary effect of the enactment? If
either is the advancement or inhibition of religion, the law violates the non-
establishment clause. Thus, in order for a law to comply with the non-establishment
clause, two requisites must be met. First, it has a secular legislative purpose.
Second, its primary effect neither advances nor inhibits religion.
2. The free exercise of religion clause withdraws from legislative power the exertion
of any restraint on the free exercise of religion. In order to show a violation of this
clause, the person affected must show the coercive effect of the legislation as it
operates against him in the practice of his religion. While the freedom to believe (non-
establishment) is absolute, the moment such belief flows over into action, it becomes
subject to government regulation.
Section 6. The liberty of abode and of changing the same within the limits
prescribed by law shall not be impaired except upon lawful order of the court.
Neither shall the right to travel be impaired except in the interest of national
security, public safety or public health, as may be provided by law.
Curtailment of rights:
Note: The right to travel and the liberty of abode are distinct from the right to return to
one’s country, as shown by the fact that the Declaration of Human Rights and the
Covenant on Human Rights have separate guarantees for these. Hence, the right to
return to one’s country is not covered by the specific right to travel and liberty of abode.
(Marcos v. Manglapus)
Section 7. The right of the people to information on matters of public concern shall
be recognized.
Discretion of government
The government has discretion with respect to the authority to determine what matters are
of public concern and the authority to determine the manner of access to them.
Section 8. The right of the people, including those employed in the public and
private sectors, to form unions, associations, or societies for purposes not contrary
to law, shall not be abridged.
The right to form associations shall not be impaired without due process of law and is thus
an aspect of the right of liberty. It is also an aspect of the freedom of contract. In addition,
insofar as the associations may have for their object the advancement of beliefs and ideas,
the freedom of association is an aspect of the freedom of speech and expression, subject
to the same limitation.
Government employees have the right to form unions. They also have the right to strike,
unless there is a statutory ban on them.
Section 9. Private property shall not be taken for public use without just
compensation.
It is only necessary when the owner does not want or opposes the sale of his property.
Thus, if a valid contract exists between the government and the owner, the government
cannot exercise the power of eminent domain as a substitute to the enforcement of the
contract.
"TAKING"
A. Elements: CODE: E P A P O
B. Compensable taking does not need to involve all the property interests which
form part of the right of ownership. When one or more of the property rights
are appropriated and applied to a public purpose, there is already a
compensable taking, even if bare title still remains with the owner.
"PUBLIC USE"
"JUST COMPENSATION"
General rule: The value must be that as of the time of the filing of the complaint for
expropriation.
Exception: When the filing of the case comes later than the time of taking and meanwhile
the value of the property has increased because of the use to which the expropriator has
put it, the value is that of the time of the earlier taking. BUT if the value increased
independently of what the expropriator did, then the value is that of the latter filing of the
case.
1) If it changes the terms and conditions of a legal contract either as to the time or mode
of performance
2) If it imposes new conditions or dispenses with those expressed
3) If it authorizes for its satisfaction something different from that provided in its terms.
A mere change in PROCEDURAL REMEDIES which does not change the substance of
the contract, and which still leaves an efficacious remedy for enforcement does NOT
impair the obligation of contracts.
A valid exercise of police power is superior to obligation of contracts.
Section 12. Rights of person under investigation for the commission of an offense.
1) During a police line-up. Exception: Once there is a move among the investigators to
elicit admissions or confessions from the suspect.
2) During administrative investigations.
3) Confessions made by an accused at the time he voluntarily surrendered to the police
or outside the context of a formal investigation.
4) Statements made to a private person.
Exclusionary rule
1) The right to bail shall NOT be impaired even when the privilege of the writ of habeas
corpus is suspended.
2) Excessive bail shall not be required.
1. The person claiming the right must be in actual detention or custody of the law.
2. The constitutional right is available only in criminal cases, not, e.g. in deportation
proceedings.
Note:
1. Right to bail is not available in the military.
2. Apart from bail, a person may attain provisional liberty through recognizance.
“DUE PROCESS”
This means that the accused can only be convicted by a tribunal which is required to
comply with the stringent requirements of the rules of criminal procedure.
“PRESUMPTION OF INNOCENCE”
The Constitution does not prohibit the legislature from providing that proof of certain facts
leads to a prima facie presumption of guilt, provided that the facts proved have a
reasonable connection to the ultimate fact presumed.
C. The accused may waive the right to be present at the trial by not showing up.
However, the court can still compel the attendance of the accused if necessary
for identification purposes. EXCEPTION: If the accused, after arraignment,
has stipulated that he is indeed the person charged with the offense and
named in the information, and that any time a witness refers to a name by
which he is known, the witness is to be understood as referring to him.
2. Right to counsel
1) To furnish the accused with a description of the charge against him as will enable him
to make his defenses
2) To avail himself of his conviction or acquittal against a further prosecution for the same
cause
3) To inform the court of the facts alleged.
If the information fails to allege the material elements of the offense, the accused cannot
be convicted thereof even if the prosecution is able to present evidence during the trial
with respect to such elements.
The real nature of the crime charged is determined from the recital of facts in the
information. It is not determined based on the caption or preamble thereof nor from the
specification of the provision of law allegedly violated.
Factors used in determining whether the right to a speedy trial has been violated
Effect of dismissal based on the ground of violation of the accused’s right to speedy
trial
If the dismissal is valid, it amounts to an acquittal and can be used as basis to claim double
jeopardy. This would be the effect even if the dismissal was made with the consent of the
accused
Remedy of the accused if his right to speedy trial has been violated
The attendance at the trial is open to all irrespective of their relationship to the accused.
However, if the evidence to be adduced is “offensive to decency or public morals”, the
public may be excluded.
The right of the accused to a public trial is not violated if the hearings are conducted on
Saturdays, either with the consent of the accused or if failed to object thereto.
If the failure of the accused to cross-examine a witness is due to his own fault or was not
due to the fault of the prosecution, the testimony of the witness should be excluded.
Section 16. All persons shall have the right to a speedy disposition of their cases
before all judicial, quasi-judicial, or administrative bodies.
While the rights of an accused only apply to the trial phase of criminal cases, the right to
a speedy disposition of cases covers ALL phases of JUDICIAL, QUASI-JUDICIAL or
ADMINISTRATIVE proceedings.
Section 17. No person shall be compelled to be a witness against himself.
A question tends to incriminate when the answer of the accused or the witness would
establish a fact which would be a necessary link in a chain of evidence to prove the
commission of a crime by the accused or the witness.
1. An accused can refuse to take the witness stand by invoking the right against self-
incrimination.
2. An ordinary witness cannot refuse to take the stand. He can only refuse to answer
specific questions which would incriminate him in the commission of an offense.
Scope of right
1. In criminal cases
2. In administrative proceedings if the accused is liable to a penalty (Ex. Forfeiture of
property)
Only natural persons. Judicial persons are subject to the visitorial powers of the state in
order to determine compliance with the conditions of the charter granted to them.
Exceptions:
1. Punishment for a crime for which the party has been duly convicted
2. Personal military or civil service in the interest of national defense
3. Return to work order issued by the DOLE Secretary or the President
1. A penalty is cruel and inhuman if it involves torture or lingering suffering. Ex. Being
drawn and quartered.
2. A penalty is degrading if it exposes a person to public humiliation. Ex. Being tarred
and feathered, then paraded throughout town.
Standards used:
Excessive fine
Note: Fr. Bernas says that the accused cannot be convicted of the crime to which the
punishment is attached if the court finds that the punishment is cruel, degrading or
inhuman.
Reason: Without a valid penalty, the law is not a penal law.
Section 20. No person shall be imprisoned for debt or non-payment of a poll tax.
2) Thus, if an accused fails to pay the fine imposed upon him, this may result in his
subsidiary imprisonment because his liability is ex delicto and not ex contractu.
Section 21. No person shall be twice put in jeopardy of punishment for the same
offense. If an act punished by a law and an ordinance, conviction or acquittal under
either shall constitute a bar to another prosecution for the same act.
1) A person is charged
2) Under a complaint or information sufficient in form and substance to sustain a
conviction
3) Before a court of competent jurisdiction
4) After the person is arraigned
5) Such person enters a valid plea.
1) Acquittal
2) Conviction
3) Dismissal W/O the EXPRESS consent of the accused
4) Dismissal on the merits.
1) Dismissal based on violation of the right to a speedy trial. This amounts to an acquittal.
2) Dismissal based on a demurrer to evidence. This is a dismissal on the merits.
3) Dismissal on motion of the prosecution, subsequent to a motion for reinvestigation
filed by the accused.
4) Discharge of an accused to be a state witness. This amounts to an acquittal.
1) Exact identity between the offenses charged in the first and second cases.
2) One offense is an attempt to commit or a frustration of the other offense.
3) One offense is necessarily included or necessary includes the other.
Note: where a single act results in the violation of different laws or different provisions of
the same law, the prosecution for one will not bar the other so long as none of the
exceptions apply.
Double jeopardy will result if the act punishable under the law and the ordinance are the
same. For there to be double jeopardy, it is not necessary that the offense be the same.
SUPERVENING FACTS
1) Under the Rules of Court, a conviction for an offense will not bar a prosecution for an
offense which necessarily includes the offense charged in the former information
where:
A. The graver offense developed due to a supervening fact arising from the same
act or omission constituting the former charge.
B. The facts constituting the graver offense became known or were discovered
only after the filing of the former information.
C. The plea of guilty to the lesser offense was made without the consent of the
fiscal and the offended party.
2) Under (1)(b), if the facts could have been discovered by the prosecution but were not
discovered because of the prosecution’s incompetence, it would not be considered a
supervening event.
Effect of appeal by the accused:
If the accused appeals his conviction, he WAIVES his right to plead double jeopardy. The
whole case will be open to review by the appellate court. Such court may even increase
the penalties imposed on the accused by the trial court.
1) One which makes an action done before the passing of the law, and which was
innocent when done, criminal, and punishes such action.
2) One which aggravates the crime or makes it greater than when it was committed.
3) One which changes the punishment and inflicts a greater punishment than that which
the law annexed to the crime when it was committed.
4) One which alters the legal rules of evidence and receives less testimony than the law
required at the time of the commission of the offense in order to convict the accused.
5) One which assumes to regulate civil rights and remedies only BUT, in effect, imposes
a penalty or deprivation of a right, which, when done, was lawful.
6) One which deprives a person accused of a crime of some lawful protection to which
he has become entitled such as the protection of a former conviction or acquittal, or a
proclamation of amnesty.
Note: The prohibition on ex post facto laws only applies to retrospective PENAL laws.
1) A bill of attainder is a LEGISLATIVE act which inflicts punishment W/O JUDICIAL trial.
2) The bill of attainder does not need to be directed at a specifically named person. It
may also refer to easily ascertainable members of a group in such a way as to inflict
punishment on them without judicial trial.
ARTICLE IV – CITIZENSHIP
1) Those who are citizens of the Philippines at the time of the adoption of the 1987
Constitution
2) Those whose fathers or mothers are citizens of the Philippines.
3) Those born before January 17, 1973 of Filipino mothers, who elect Philippine
citizenship upon reaching the age of majority.
4) Those who are naturalized in accordance with law.
Prior to the 1973 Constitution, if a Filipina married an alien, she lost her Filipino
citizenship. Hence, her child would have to elect Filipino citizenship upon reaching the
age of majority. Under the 1973 Constitution, however, children born of Filipino mothers
were already considered Filipinos. Therefore, the provision on election of citizenship
under the 1987 Constitution only applies to those persons who were born under the 1935
Constitution. In order for the children to elect Filipino citizenship, the mothers must have
been Filipinos at the time of their marriage. So, if your mother was a Filipina who married
an alien under the 1935 constitution and you were born before January 17, 1973, you can
elect Filipino citizenship upon reaching the age of majority.
The election must be made within a reasonable period after reaching the age of majority.
Effects of naturalization:
1) The legitimate minor children of the naturalized father become Filipinos as well.
2) The wife also becomes a Filipino citizen, provided that she does not have any
disqualification which would bar her from being naturalized.
Natural-born citizens:
1) Citizens of the Philippines from birth who do not need to perform any act to acquire or
perfect their Philippine citizenship.
2) Those who elect Philippine citizenship under Art. IV, Sec. 1(3) of 1987 Constitution.
Re-acquisition of citizenship
Natural-born Filipinos who are deemed to have lost their citizenship may re-acquire the
same via repatriation proceedings. This involves taking an oath of allegiance and filing
the same with the civil registry.
ARTICLE V – SUFFRAGE
5) Resident of the place wherein he/she proposes to vote for at least 6 months
immediately preceding the election.
Residency requirement
Disqualifications:
1) Any person sentenced by final judgment to imprisonment of not less than 1 year, which
disability has not been removed by plenary pardon.
2) Any person adjudged by final judgment of having violated his allegiance to the
Republic of the Philippines.
3) Insane or feeble-minded persons.
Note Under the 2nd disqualification, the right to vote is automatically re-acquired upon the
expiration of 5 years after the service of sentence.
Sec. 1. The legislative power shall be vested in the Congress of the Philippines,
which shall consist of a Senate and a House of Representatives, except to the extent
reserved to the people by the provision on initiative and referendum.
Note:
The original legislative power of the people is exercised via initiative and
referendum. In this manner, people can directly propose and enact laws, or approve or
reject any act or law passed by Congress or a local government unit.
PEAR
1. Procedural – limitations on the manner of passing laws. E.g. generally a bill must
go through three readings on three separate days.
Note:
Provided that these two limitations are not exceeded, Congress’ legislative power
is plenary.
2. Congress, as a general rule, cannot delegate its legislative power. Since the
people have already delegated legislative power to Congress, the latter cannot
delegate it any further. “Delegata potestas non potest delegari”
2. Instances when the Constitution itself allows for such delegation [see Art. VI Sec.
23(2)] [see also Section 28 (2) to the President
2. Ascertaining the facts necessary to bring a “contingent” law or provision into actual
operation.
Rules regarding the validity of administrative regulation to have force of penal law
(People v Que Po Lay)
1. Such violation is made a crime by the delegating statute itself;
2. The penalty shall be provided by the statute itself;
3. The regulations shall be published.
Contingent Legislation
Where the effectivity of the law is made to depend on the verification by the
executive of the existence of certain conditions. (Abakada Guru v Executive
Secretary, GR 168056, Sept. 1, 2005,Reconsidered Oct 18, 2005 )
Composition - 24 senators who shall be elected at large by the qualified voters of the
Philippines, as may be provided by law.
Qualifications
1. Natural-born citizen;
5. Philippine resident for at least 2 years immediately preceding the day of the
election.
Note: The qualifications of both Senators and Members of the House are limited to
those provided by the Constitution. Congress cannot, by law, add or subtract from these
qualifications.
Term of Office: 6 years, commencing (unless otherwise provided by law) at noon, 30
June next following their election.
Term Limitations:
1. No Senator shall serve for more than 2 consecutive terms.
2. Voluntary renunciation of office for any length of time shall not be considered as an
interruption in the continuity of his service for the full term for which he was elected.
[Note : A Senator who has served two consecutive terms must wait for three years after
expiration of second term before he can run again for the Senate. Senatorial elections
take place every three years and all are elected for six year term.]
Majority bloc (20):
PDP–Laban (5) Nacionalista (4) NPC (3) CIBAC (1) Lakas (1) LDP
Senate political
(1) UNA (1) Independent (4)
groups
Minority bloc (4): Liberal (3) Akbayan (1)
Composition:
1. Not more than 250 members, unless otherwise fixed by law; and
2. Party-list Representative
4. Each city with at least 250,000 inhabitants will be entitled to at least one
representative.
8. Only Congress can create legislative districts by law. The creation of a legislative
district is not the same as the creation of a political subdivision. (Bagabuyo v
Comelec) No plebiscite required for creation of legislative district.
Qualifications
1. Natural born citizen of the Philippines;
5. A resident of such district for at least one year immediately preceding the day of
the election. (domicile of choice)
DOMICILE - if a person retains his domicile of origin, for purpose residence
requirement, the one year period is irrelevant. If a person establishes a new
domicile, or re-establishes a previously abandoned domicile, he one year
requirement must be satisfied.
Term of Office
1. Each member of the House shall be elected for a term of three (3) years which shall
commence (unless otherwise provided for by law) at noon on 30 June next following
their election.
2. Voluntary renunciation of office for any length of time shall not be considered as an
interruption in the continuity of his service for the full term for which he was elected.
No member of the House of Representatives shall serve for more than three (3)
consecutive terms. 1. Elected for 3 Consecutive terms; 2. Served for 3 terms
1. Term means the period during which the elected officer is legally authorized to
assume his office and exercise the powers thereof.
2. Tenure is the actual period during which such officer actually holds his position.
1. Limitation/Possible Reduction
3. A national elective official does not terminate his tenure by the mere fact of
having filed for candidacy to a position different from what he is holding.
2. However, for 3 consecutive terms from 2 February 1987 (i.e., the 1987-92, 92-95
and 95-98 terms), 25 seats shall be allotted to sectoral representatives. Under Art.
XVIII, Sec. 7, the sectoral representatives are to be appointed by the President until
legislation otherwise provides.
3. The number of seats that each organization gets out of the 20% allotted to
the system depends on the number of votes they get.
Second, the two percent threshold - only those parties garnering a minimum of
two percent of the total valid votes cast for the party-list system are “qualified” to
have a seat in the House of Representatives;
Third, the three-seat limit - each qualified party, regardless of the number of votes
it actually obtained, is entitled to a maximum of three seats; that is, one “qualifying”
and two additional seats.
1. Qualifications
Note
1. Party list representatives - Implicit qualifications: Registered voter and resident of the
Philippines.
2. Natural born citizen who loses citizenship by naturalization in another country but later
is repatriated recovers his status of being a natural born citizen and therefore qualified to
be a member of Congress. (Bengzon v Cruz)
3. For District representative - If a person retains his domicile of origin, for purposes of
residency requirement for representatives, the one year period is irrelevant because by
legal fiction, whereever he may be, he is a resident of his domicile of origin. If a person re-
establishes a previously abandoned domicile or acquire a new one, the one year
requirement must be satisfied.
4. Domicile of choice – must be for an indefinite period of time; the change of residence
must be voluntary; And the residence at the place chosen for the new domicile must be
actual.
5. Added qualification Mandatory random drug testing was declared unconstitutional for
candidates for national office. (Social Justice Society v Dangerous Drugs Board)
Sec. 9. In case of vacancy in the Senate or in the House of Representatives, a
special election may be called to fill such vacancy in the manner prescribed by
law, but the Senator or Member of the House of Representatives thus elected shall
serve only for the unexpired term.
Sec. 10. Salaries of Senators and Members of the House
Determination of Salaries:
No increase in their salaries shall take effect until after the EXPIRATION OF THE
FULL TERM (NOT TENURE) OF ALL THE MEMBERS OF THE SENATE AND THE
HOUSE OF REPRESENTATIVES APPROVING SUCH INCREASE. Hence it is upon
expiration of six year term of Senators who approved the increase.
Note: Since the Constitution ‘provides for rules on “salaries” and not on ‘emoluments,’
legislators can appropriate for themselves other sums of money such as travel allowances,
as well as other side ‘benefits.’
c. The immunity is only with respect to arrests and NOT to prosecution for criminal
offenses.
Congress
(i) Protection is only against forum other than Congress itself. Thus for
inflammatory remarks which are otherwise privileged, a member may be
sanctioned by either the Senate or the House as the case may be.
(iii) Congress need NOT be in session when the utterance is made, as long
as it forms part of ‘legislative action,’ i.e. part of the deliberative and
communicative process used to participate in legislative proceedings in
consideration of proposed legislation or with respect to other matters with
Congress’ jurisdiction.
Sec. 12. All Members of the Senate and the House of Representatives shall, upon
assumption of office, make a full disclosure of their financial and business
interests. They shall notify the House concerned of a potential conflict of interest
that may arise from the filing of a proposed legislation of which they are authors.
Disqualifications:
DISQUALIFICATION WHEN APPLICABLE
Regular Sessions:
1.) Congress convenes once every year on the 4th Monday of July (unless otherwise
provided for by law)
2.) 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.
Special Sessions:
3.) Each House may choose such other officers as it may deem necessary.
Election of Officers
Quorum to do business:
1. Majority of each House shall constitute a quorum.
2. A smaller number may adjourn from day to day and may compel the attendance of
absent members.
3. In computing a quorum, members who are outside the country and thus outside of
each House’s coercive jurisdiction are not included.
Internal Rules:
1. Each House shall determine its own procedural rules.
2. Since this is a power vested in Congress as part of its inherent powers, under the
principle of separation of powers, the courts cannot intervene in the
implementation of these rules insofar as they affect the members of Congress.
3. Also, since Congress has the power to make these rules, it also has the power to
ignore them when circumstances so require.
Discipline:
1.) Suspension
a. Concurrence of 2/3 of ALL its members and
2.) Expulsion
a. Concurrence of 2/3 of ALL its members.
2.) BUT an enrolled bill prevails over the contents of the Journal.
3.) An enrolled bill is the official copy of approved legislation and bears the certifications
of the presiding officers of each House. Thus where the certifications are valid and are
not withdrawn, the contents of the enrolled bill are conclusive upon the courts as regards
the provision of that particular bill. ENROLLED BILL RULE
Adjournments:
1.) Neither House can adjourn for more than 3 days during the time Congress is in
session without the consent of the other House.
2.) Neither can they adjourn to any other place than that where the two houses are
sitting, without the consent of the other.
Note: The congressional members of the ET’s shall be chosen on the basis of proportional
representation from the political parties and party-list organizations.
Jurisdiction: ERQ
1.) Each ET shall be the sole judge 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.
2.) An ‘election contest’ is one where a defeated candidate challenges the qualification
and claims for himself the seat of a proclaimed winner.
3.) In the absence of an election contest, the ET is without jurisdiction. However, the
power of each House to expel its own members or even to defer their oath-taking until
their qualifications are determined may still be exercised even without an election contest.
1. Proclamation
2. Oath taking
3. Assumption to office
1) Since the ET’s are independent constitutional bodies, independent even of the House
from which the members are respectively taken, neither Congress nor the Courts may
interfere with procedural matters relating to the functions of the ET’s, such as the setting
of deadlines or filing their election contests with the respective ETs.
2.) The ETs being independent bodies, its members may not be arbitrarily removed from
their positions in the tribunal by the parties which they represent. Neither may they be
removed for not voting according to party lines, since they are acting independently of
Congress.
3.) The mere fact that the members of either the Senate or the House sitting on the ET
are those which are sought to be disqualified due to the filing of an election contest against
them does not warrant all of them from being disqualified from sitting in the ET. The
Constitution is quite clear that the ET must act with both members from the SC and from
the Senate or the House. If all the legislator-members of the ET were to be disqualified,
the ET would not be able to fulfill its constitutional functions.
4.) Judicial review of decisions of the ETs may be had with the SC only insofar as the
decision or resolution was rendered without or in excess of jurisdiction or with grave abuse
of discretion constituting denial of due process. Rule 65
Composition:
Note: The 12 Senators and 12 Representatives are elected on the basis of proportional
representation from the political parties and party-list organizations.
Voting/Action
2.) The CA shall act on all appointments within 30 session days from their submission
to Congress.
3.) The Commission shall rule by a majority vote of all the Members.
Jurisdiction
1.) CA shall confirm the appointments by the President with respect to the following
positions:
a. Heads of the Executive Departments (except if it is the Vice-President who is
appointed to the post).
c. Officers of the AFP from the rank of Colonel or Naval Captain: and
d. Other officers whose appointments are vested in him by the Constitution (e.g.
COMELEC members).
2.) Congress CANNOT by law prescribe that the appointment of a person to an office
created by such law shall be subject to confirmation by the CA.
Regular appointment
Ad interim Appointment
Meetings of the CA
2.) Meetings are held either at the call of the Chairman or a majority of all its members.
3.) Since the CA is also an independent constitutional body, its rules of procedure are
also outside the scope of congressional powers as well as that of the judiciary.
Note:
The ET and the CA shall be constituted within 30 days after the Senate and the House of
Representative shall have been organized with the election of the President and the
Speaker.
Scope:
1. Either House or any of their committees may conduct inquires ‘in aid of legislation’.
2. “In aid of legislation” does not mean that there is pending legislation regarding the
subject of the inquiry. In fact, investigation may be needed for purposes of
proposing future legislation.
Enforcement:
1. Since experience has shown that mere requests for information does not usually
work, Congress has the inherent power to punish recalcitrant witnesses for
contempt, and may have them incarcerated until such time that they agree to testify.
2. The continuance of such incarceration only subsists for the lifetime, or term,
of such body. Once the body ceases to exist after its final adjournment, the
power to incarcerate ceases to exist as well. Thus, each ‘Congress’ of the
House lasts for only 3 years. But if one is incarcerated by the Senate, it is
indefinite because the Senate, with its staggered terms, is a continuing body.
5. The power to punish for contempt is inherent in Congress and this power is
sui generis. It cannot be exercised by local government units unless they are
expressly authorized to do so.
Limitations:
1. The inquiry must be conducted in accordance with the ‘duly published rules of
procedure’ of the House conducting the inquiry; and
3.
b. Upon the request of either House (which cannot compel them to attend)
2. Voting separately
Emergency powers:
1. During times of war or other national emergency, Congress may, BY LAW,
authorize the President to exercise powers necessary and proper to carry out a
declared national policy.
2. Limitations:
1. By resolution of Congress or
Bills that must originate from the House of Representatives (Section 24)
1. Appropriation bills
2. Revenue bills
3. Tariff bills
6. Private bills
Note:
Appropriation bills
1. The primary and specific aim of an appropriation bill is to appropriate a sum of
money from the public treasury.
Revenue Bill
1. A revenue bill is one specifically designed to raise money or revenue through
imposition or levy.
2. Thus, a bill introducing a new tax is a revenue bill, but a provision in, for instance,
the Videogram Regulatory Board law imposing a tax on video rentals does not
make the law a revenue bill.
A bill of local application, such as one asking for the conversion of a municipality into a
city, is deemed to have originated from the House provided that the bill of the House was
filed prior to the filing of the bill in the Senate even if, in the end, the Senate approved its
own version.
Limitations:
1. For appropriation bills:
c. The procedure in approving appropriations for Congress shall strictly follow the
procedure for approving appropriations for other departments and agencies.
d. A special appropriations bill must specify the purpose for which it is intended
and must be supported by funds actually available as certified by the National
Treasurer or to be raised by a corresponding revenue proposal therein.
e. Transfer of appropriations:
BUT the following 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
➢ President
➢ President of the Senate
➢ Speaker of the House of Representatives
➢ Chief of Justice of the Supreme Court
➢ Heads of the Constitutional Commissions
ii. It will remain in full force and effect until the GAB is passed by
Congress.
2. For law granting tax exemption
i. As a mandatory requirement
a) In order to become a law, each bill must pass three (3) readings in both
Houses.
b) General rule: Each reading shall be held on separate days & printed copies
thereof in its final form shall be distributed to its Members three (3) days
before its passage.
d) First reading – only the title is read; the bill is passed to the proper committee
e) Second reading – Entire text is read and debates are held, and amendments
introduced.
f) Third reading – only the title is read, no amendments are allowed. Vote shall
be taken immediately thereafter and the yeas and nays entered in the journal.
2. If the President does not approve of the bill, he shall veto the same and return it
with his objections to the House from which it originated. The House shall enter
the objections in the Journal and proceed to reconsider it. (Override)
3. The President must communicate his decision to veto within 30 days from the date
of receipt thereof. If he fails to do so, the bill shall become a law as if he signed it.
4. This rule eliminates the ‘pocket veto’ whereby the President would simply refuse
to act on the bill.
5. To OVERRIDE the veto, at least 2/3 of ALL the members of each House must
agree to pass the bill. In such case, the veto is overriden and becomes a law
without need of presidential approval.
1. Item veto
b. This veto will not affect items to which he does not object.
1. Definition of item
a. Revenue/tax bill Subject of the tax and the tax rate imposed thereon
Veto of RIDER
b. Since it is an invalid provision under Section 25(2), the President may veto it as
an item.
Limitations:
2) It should be EQUITABLE
4) The power to tax must be exercised for a public purpose because the
power exists for the general welfare
5) The due process and equal protection clauses of the Constitution should be
observed.
a) Tariff rates
2) The exercise of such power by the President shall be within the specified limits
fixed by Congress and subject to such limitations and restrictions as it may impose.
a) Charitable institutions
c) Mosques
ADE - RCE -
b) BUT: This rule does not prohibit continuing appropriations. e.g. for debt
servicing. This is because the rule does not require yearly, or annual
appropriation.
2) Limitations.
c) BUT the government is not prohibited from appropriating money for a valid
secular purpose, even if it incidentally benefits a religion, e.g. appropriations for a
national police force is valid even if the police also protects the safety of
clergymen.
d) ALSO, the temporary use of public property for religious purposes is valid,
as long as the property is available for all religions
3) Special Funds
1) Through the system of initiative and referendum, the people can directly propose
and enact laws or approve or reject any act or law or part thereof passed by the
Congress or local legislative body.
2) Required Petition
Scope:
2) The scope of this power is set forth in Art. VII of the Constitution. But this power is
not limited to those set forth therein. The SC, in Marcos v. Manglapus, referred to the
RESIDUAL powers of the President as the Chief Executive of the country, which powers
include others not set forth in the Constitution. EXAMPLE: The President is immune from
suit and criminal prosecution while he is in office. Executive Power is more than the sum
of specific powers so enumerated. x x x It would be folly to construe the powers of the
branch of government to embrace only what are specifically contained in the Constitution.
3) Privilege of immunity from suit is personal to the President and may be invoked by
him alone. It may also be waived by the President, as when he himself files suit. Soliven
case
4) BUT the President CANNOT dispose of state property unless authorized by law.
Section 2. QUALIFICATIONS
2) Registered voter;
Note: The Vice-President has the same qualifications & term of office as the
President. He is elected with & in the same manner as the President. He may be removed
from office in the same manner as the President. NO CONFIRMATION
Manner of Election
1) The President and Vice-President shall be elected by direct vote of the people.
2) Election returns for President and Vice-President, as duly certified by the proper
Board of Canvassers shall be forwarded to Congress, directed to the Senate President.
3) Not later than 30 days after the day of the election, the certificates shall be opened
in the presence of both houses of Congress, assembled in joint public session.
4) The Congress, after determining the authenticity and due execution of the
certificates, shall canvass the votes.
5) The person receiving the highest number of votes shall be proclaimed elected.
7) The Supreme Court en banc shall act as the sole judge over all contests relating to
the election, returns, and qualifications of the President or Vice-President and may
promulgate its rules for the purpose.
Term of Office
1) President
a) 6 years beginning at noon on 30 June immediately following the election and ending
at noon on the same day 6 years later.
b) Term limitation: Single term only; not eligible for any reelection.
c) Any person who has succeeded as President, and served as such for more than 4
years shall NOT be qualified for election to the same office at any time.
2) Vice-President:
c) Voluntary renunciation of the office for any length of time is NOT an interruption in
the continuity of service for the full term for which the Vice-President was elected.
2) Salaries cannot be decreased during the TENURE of the President and the Vice-
President.
3) Increases take effect only after the expiration of the TERM of the incumbent during
which the increase was approved.
4) Pres. and Vice Pres. are prohibited from receiving any other emolument from the
government or any other source during their TENURE
VACANCY SUCCESSOR
President-elect fails to qualify or to VP-elect will be Acting President
be chosen. until someone is qualified/chosen
as President.
President-elect dies or is VP becomes President.
permanently disabled.
Both President and VP-elect are not 1. Senate President or
chosen or do not qualify or both die,
or both become permanently 2. In case of his inability, the
disabled. Speaker of the House shall
act as President until a
President or a VP shall have
been chosen and qualified.
VACANCY SUCCESSOR
President dies, is permanently Vice-President becomes President
disabled, is impeached, or resigns. for the unexpired term.
Both President and Vice-President 1. Senate President or
die, become permanently disabled,
are impeached, or resign. 2. In case of his inability, the
Speaker of the House shall
act as President until the
President or VP shall have
been elected and qualified.
3) Vacancy in office of Vice-President during the term for which he was elected:
a) Congress shall convene 3 days after the vacancy in the office of both the
President and the VP, without need of a call. The convening of Congress cannot
be suspended.
b) Within 7 days after convening, Congress shall enact a law calling for a special
election to elect a President and a VP. The special election cannot be postponed.
c) The special election shall be held not earlier than 45 days not later than 60
days from the time of the enactment of the law.
d) The 3 readings for the special law need not be held on separate days.
e) The law shall be deemed enacted upon its approval on third reading.
BUT: No special election shall be called if the vacancy occurs within 18 months
before the date of the next presidential election.
The temporary inability of the President to discharge his duties may be raised in either of
two ways:
b) When a majority of the Cabinet members transmit to the Senate President and the
Speaker their written declaration.
(iii) If within 5 days after the President re-assumes his position, the majority of
the Cabinet retransmits their written declaration, Congress shall decide the
issue. In this event, Congress shall reconvene within 48 hours if it is not in session,
without need of a call.
6) Presidential Illness:
b) Even during such illness, the National Security Adviser, the Secretary of Foreign
Affairs, and the Chief of Staff of the AFP are entitled to access to the President
Section 13. DISQUALIFICATIONS
3. Department Secretaries;
4. Department under-secretaries;
N.B.
1. If the spouse, etc., was already in any
of the above offices at the time before
his/her spouse became President,
he/she may continue in office. What is
prohibited is appointment and
reappointment, NOT continuation in
office.
Principles:
1) Since the power to appoint is executive in nature, Congress cannot usurp this
function.
2) While Congress (and the Constitution in certain cases) may prescribe the
qualifications for particular offices, the determination of who among those who are
qualified will be appointed is the President’s prerogative.
Scope:
5) All other officers whose appointments are not otherwise provided for by law;
and those whom he may be authorized by law to appoint.
Procedure:
1) CA confirmation needed:
a) Nomination by President
b) Consent or Confirmation by CA
d) Acceptance by appointee.
NOTE: At any time before all four steps have been complied with, the President can
withdraw the nomination/appointment.
2) No CA confirmation:
a) Appointment; and
b) Acceptance.
NOTE: Once appointee accepts, President can no longer withdraw the appointment.
Ad-interim appointments:
1) When Congress is in recess, the President may still appoint officers to positions
subject to CA confirmation.
2) These appointments are effective immediately, but are only effective until they are
disapproved by the CA or until the next adjournment of Congress.
3) Appointments to fill an office in an ‘acting’ capacity are NOT ad-interim in nature and
need no CA approval.
a. 30 days before the opening of next regular session 4th Monday of july
These shall remain effective UNLESS revoked by the elected President within 90 days
from his assumption or re-assumption of office.
Limitation
1) 2 months immediately before the next Presidential elections, and up to the end of
his term, the President or Acting President SHALL NOT make appointments. This is to
prevent the practice of ‘midnight appointments.”
2) EXCEPTION:
Power of Control:
The power of an officer to alter, modify, or set aside what a subordinate officer has done
in the performance of his duties, and to substitute the judgment of the officer
for that of his subordinate. Thus, the President exercises control over all the executive
departments, bureaus, and offices.
The President’s power over government-owned corporations comes not from the
Constitution but from statute. Hence, it may be taken away by statute.
1) Since all executive and administrative organizations are adjuncts of the Executive
Department, the heads of such departments, etc. are assistants and agents of the
President.
2) Thus, generally the acts of these department heads, etc, which are performed and
promulgated in the regular course of business, are presumptively the acts of the
President.
5) Qualified political agency does NOT apply if the President is required to act in
person by law or by the Constitution. Example: The power to grant pardons must be
exercised personally by the President.
Disciplinary Powers:
1) The power of the President to discipline officers flows from the power to appoint
them and NOT from the power of control.
2) BUT While the President may remove from office those who are not entitled to
security of tenure, or those officers with no set terms, such as Department Heads, the
officers, and employees entitled to security of tenure cannot be summarily removed from
office.
Power of Supervision:
1) This is the power of a superior officer to ensure that the laws are faithfully executed
by subordinates.
2) The power of the president over local government units is only of general
supervision. Thus, he can only interfere with the actions of their executive heads if these
are contrary to law.
4) The power of supervision does not include the power of control; but the power of
control necessarily includes the power of supervision.
Scope:
2) Whenever necessary, the President may call out the AFP to PREVENT or
SUPPRESS:
a) Lawless violence;
b) Invasion; or
c) Rebellion.
Suspension of the privilege of the writ of habeas corpus and declaring martial law;
1. Grounds
a. Invasion or
b. Rebellion; and
1. Limitations:
c) Congress, by majority vote and voting jointly, may revoke the same, and the
President cannot set aside the revocation.
d) In the same manner, at the President’s initiative, Congress can extend the
same for a period determined by Congress if:
NOTE: While the suspension of the privilege of writ and the proclamation of martial law
is subject to judicial review, the actual use by the President of the armed forces is
not. Thus, troop deployments in times of war is subject to the President’s judgment and
discretion.
Scope:
2. Reprieves
3. Commutations
3.) ALSO: The power to grant clemency includes cases involving administrative
penalties.
4.) Where a conditional pardon is granted, the determination of whether it has been
violated rests with the President.
Limitations:
1) As to scope:
c.) For violations of election laws, rules, and regulation without the
2) As to effect:
b.) Does not restore public offices already forfeited, although eligibility for the
same may be restored.
Amnesty:
3.) When a person applies for amnesty, he must admit his guilt of the offense which is
subject to such amnesty. If his application is denied, he can be convicted based on this
admission of guilt.
AMNESTY PARDON
Addressed to POLITICAL Addressed to ORDINARY offenses
offenses
Granted to a CLASS of persons Granted to INDIVIDUALS
Need not be accepted Must be accepted
Requires concurrence of No need for Congressional
majority of all members of concurrence
Congress
A public act. Subject to judicial Private act of President. It must be
notice proved.
Extinguishes the offense itself Only penalties are extinguished.
(1) The President may contract or guarantee foreign loans on behalf of the
Republic of the Philippines with the prior concurrence of the Monetary Board; and
(d) If treaty is re-negotiated and the Senate’s suggestions are incorporated, the
treaty will go into effect without need of further Senate approval.
NOTE:
NOTE:
Treaty will always prevail. A State cannot plead its municipal law
to justify noncompliance with an international obligation.
(3) Power to receive ambassadors and other public ministers accredited to the
Philippines.
(4) Power to contract and guarantee foreign loans on behalf of the Republic
(a) This power is vested in the President by virtue of his office, subject only to
restrictions as may be provided by legislation as regards the grounds for
deportation.
(b) In the absence of any legislative restriction to authority, the President may
still exercise this power.
(c) The power to deport aliens is limited by the requirements of due process,
which entitles the alien to a full and fair hearing.
Scope:
Judicial Power
2. Vested in the Supreme Court and such lower courts as may be established by law.
a. The duty of the courts to settle actual controversies involving rights which are
legally demandable and enforceable; and
4. Since the courts are given ‘judicial power’ and nothing more, courts may neither attempt
to assume or be compelled to perform non-judicial functions. They may not be charged
with administrative or quasi judicial functions except when reasonably incidental to the
fulfillment of their duties. (Meralco vs Pasay Transportation Co. , 57 Phil 600) where a
law provided that SC Justices sit as Board of Arbitrators. Read also Noblejas v
Teehankee, 23 SCRA 405, 409) Commissioner of Land Registration;
5. In order that courts may exercise this power, there must exist the following:
6. Judicial power cannot be exercised in vacuum. Without any laws from which rights
arise and which are violated, there can be no recourse to the courts.
8. The courts cannot be asked for advisory opinions. However, Declaratory Relief is
allowed for construction or validity arising from under an instrument, executive order or
regulation or statute and for determination by the court of Petitioner’s rights and duties
thereunder.
8. Courts have power to control the enforcement of their decision after their finality.
People vs Echagaray
Political Questions:
1. A ‘political question’ is one the resolution of which has been vested by the Constitution
exclusively in either the people, in the exercise of their sovereign capacity, or in which full
discretionary authority has been delegated to a co-equal branch of the Government.
2. Thus, while courts can determine questions of legality with respect to governmental
action, they cannot review government policy and the wisdom thereof, for these questions
have been vested by the Constitution in the Executive and Legislative Departments.
1. Defining enforceable and demandable rights and prescribing remedies for violations
of such rights; and
2. Determining the court with jurisdiction to hear and decide controversies or disputes
arising from legal rights.
3. Thus, Congress has the power to define, prescribe and apportion the jurisdiction of
various courts. DPA
a. BUT, Congress cannot deprive the Supreme Court of its jurisdiction over cases
provided for in the Constitution.
i. The power to create courts implies the power to abolish and even re-
organize courts.
ii. BUT this power cannot be exercised in a manner which would undermine
the security of tenure of the judiciary.
iii. If the abolition/re-organization is done in good faith and not for political or
personal reasons, then it is VALID. (same rule applies for civil servants)
Note: Members of the Supreme Court and of other courts established by law shall not be
designated to any agency performing quasi-judicial or administrative functions.
A. The Judicial and Bar Council is under the supervision of the SC.
JBC is under the supervision of the Supreme Court and is composed of:
1. Chief Justice, as ex-officio chairman
2. Secretary of Justice, as an ex-officio member
3. Representative of Congress, as an ex-officio member
4. Representative of the Integrated Bar
5. A professor of law
6. A retired member of the SC; and
7. Private sector representative
Note: The last four are the regular members of the JBC. Regular members are appointed
by the President with CA approval. Regular members serve for 4 years, with staggered
terms.
B. Functions of JBC
1. President shall appoint from a list of at least 3 nominees for each vacancy, as
prepared by the JBC.
2. No CA confirmation is needed for appointments to the Judiciary.
3. Vacancies in SC should be filled within 90 days from the occurrence of the
vacancy.
4. Vacancies in lower courts should be filled within 90 days from submission to the
President of the JBC list.
1. Members of the SC and judges of the lower courts hold office during good behavior
until
3. Removal of SC Justices:
Hearing of cases:
1. En banc; or
2. Divisions of 3, 5, or 7.
a. Treaty
c. Law.
a. Presidential decrees
b. Proclamations
c. Orders
d. Instructions
e. Ordinances; and
f. Other regulations.
5. Cases where SC modifies or reverses a doctrine or principle of law laid down by the
SC en banc or by a division.
1. Must be decided with the concurrence of a majority of the members who took part in
the deliberations and voted thereon.
2. Majority vote in a division should be at least 3 members.
SAMPLE QUESTION
A petition questioning the constitutionality of Republic Act No.1234 was brought before
the Supreme Court which had only 13 justices at that time owing to the retirement of 2
members. Of the 13 justices remaining, 2 inhibited from the time the petition was filed, 2
participated in the initial deliberations of the Court but were abroad during the voting. 4
justices voted to declare the law unconstitutional. 3 justices voted to declare the law
constitutional and 2 abstained. Is the law constitutional or unconstitutional as a result of
the above voting? Explain.
15 SC jsutices
8 quorum
5 majority votes
Powers of the SC
2. SC has APPELLATE jurisdiction over final judgments and orders of lower courts in
the following: Review on Certiorari Rule
1. treaty
2. international or executive agreement
3. law
4. presidential decree
5. proclamation
6. order
7. instruction
8. ordinance, or
9. regulation;
1. tax
2. impost
3. assessment or
4. toll or
5. any penalty imposed in relation thereto;
d. Criminal cases where the penalty imposed is reclusion perpetua or higher; and
3. Temporarily assign lower court judges to other stations in the public interest.
Note: Temporary assignment shall not exceed 6 months without the consent of the
judge concerned.
6. Appoint ALL officials and employees of the Judiciary, in accordance with Civil Service
Law.
7. Exercise administrative supervision over ALL courts and the personnel thereof.
1. Reached in consultation before being assigned to a member for the writing of the
opinion.
2. A certification to this effect must be signed by the Chief Justice and attached to the
record of the case and served upon the parties.
3. Members of the SC who took no part, or who dissented or abstained must state the
reasons therefore.
Note: This procedure shall also be observed by all lower collegiate courts (CA, CTA,
and the Sandiganbayan).
JUDICIAL REVIEW
Definition
1. Judicial Review is the power of the SC to declare a law, treaty, ordinance etc.
unconstitutional.
2. Lower courts may also exercise the power of judicial review, subject to the appellate
jurisdiction of the SC.
3. Only SC decisions are precedent, and thus, only SC decisions are binding on all.
STARE DECISIS
Requisites
1. An ACTUAL CASE calling for the exercise of judicial power
3. The person challenging the governmental act must have ‘STANDING’, i.e. a
personal and substantial interest in the case such that he has sustained, or will
sustain, direct injury as a result of its enforcement.
2. Thus, vested rights may have been acquired under such law before it was declared
unconstitutional.
3. These rights are not prejudiced by the subsequent declaration that the law is
unconstitutional.
1. Decisions MUST state clearly and distinctly the facts and the law on which it is based.
2. Refusal to give due course to petitions for review and motions for reconsideration
must state the legal basis for such refusal.
3. Memorandum decisions, where the appellate court adopts the findings of fact and law
of the lower court, are allowed as long as the decision adopted by reference is attached
to the Memorandum for easy reference.
4. These rules only apply to courts. They do not apply to quasi-judicial or administrative
bodies nor to military tribunals.
FINIS
MODALITIES OF CONSTITUTIONAL INTERPRETATION
HISTORICAL - ORIGINALIST
TEXTUAL – LIBERAL
STRUCTURAL
DOCTRINAL – STARE DECISIS
ETHICAL - MORAL COMMITMENTS
PRUDENTIAL - WEIGHING AND COMPARING THE COST AND BENEFITS
.
Why Independent?
They perform vital functions of government. Their integrity is protected by the fact that
they:
Section 2. DISQUALIFICATIONS
Disqualifications:
Note: The Ombudsman and his deputies are subject to the same qualifications.
Section 3. SALARIES
Salaries
1) Salaries are fixed by law and shall not be decreased during their TENURE.
2) Decreases in salaries only affect those members appointed AFTER increase.
3) Incumbent members do not lose any salary.
4) Increases take effect IMMEDIATELY.
Procedures:
3) Power of SC
a). The SC may not, under Art. VIII Sec. 5(5), exercise the power to disapprove
rules of "special courts and quasi-judicial bodies."
b). In proceedings before the Commissions, the rules of the Commission prevail.
c). In proceedings before a court, the Rules of Court prevail.
d). The SC may, however, in appropriate cases, exercise JUDICIAL REVIEW
Decision-Making:
1) Each commission shall decide matter or cases by a majority vote of all the members
within 60 days from submission.
➢ COMELEC may sit en banc or in 2 divisions.
➢ Election cases, including pre-proclamation controversies are decided in
division, with motions for reconsideration filed to the COMELEC en banc.
➢ The SC has held that a majority decision decided by a division of the
COMELEC is a valid decision.
2) As COLLEGIAL BODIES, each commission must act as one, and no one member can
decide a case for the entire commission. (i.e. The Chairman cannot ratify a decision
which would otherwise have been void).
Appeals:
Enforcement:
➢ It has been held that the CSC can issue a writ of execution to enforce
judgments which are final.
Section 1. COMPOSITION/QUALIFICATIONS/TERM
Composition:
1) Chairman
2) Commissioners – 2 commissioners
Qualifications:
Term:
Section 2. Scope:
A. branches,
B. subdivisions,
C. instrumentalities,
D. agencies of the government,
E. including GOCCs with original charters.
1."With Original Charter" means that the GOCC was created by special
law/by Congress
2. If incorporated under the Corporation Code, it does not fall within the
Civil Service, and is not subject to the CSC jurisdiction.
3. Even if once government-controlled, then becomes privatized, ceases to
fall under CSC.
4. Jurisdiction is determined as of the time of filing the complaint.
A. Competitive positions
➢ According to merit and fitness to be determined by competitive examinations,
as far as practicable except to positions which are policy-determining, primarily
confidential, or highly technical.
B. Non-competitive positions
1). No need for competitive examinations.
2). 3 kinds
D. Both types of positions are entitled to security of tenure. They only differ in the MANNER
in which they are filled.
E. Who may be appointed:
1). RULE: Whoever fulfills all the qualifications prescribed by law for a particular
position may be appointed therein.
2). The CSC cannot disapprove an appointment just because another person is
better qualified, as long as the appointee is himself qualified.
3). The CSC CANNOT add qualifications other than those provided by law.
F. Next-In-Rank Rule
Security of Tenure:
a). Primarily confidential officers and employees hold office only for so long as
confidence in them remains.
b). If there is GENUINE loss of confidence, there is no removal, but the expiration
of the term of office
c). Non-career service officers and employees do not enjoy security of tenure.
d). Political appointees in the foreign service possess tenure coterminous with that
of the appointing authority or subject to his pleasure.
4) One must be VALIDLY APPOINTED to enjoy security of tenure. Thus, one who is not
appointed by the proper appointing authority does not acquire security of tenure.
Abolition of Office
1). Not protected by security of tenure - can be removed anytime even without cause
2). If they are separated, this is considered an expiration of his term.
3). BUT: They can only be removed by the one who appointed them.
4). Entitled only to such protection as may be provided by law.
Right to organize
Disqualifications
2) Elective officials
a). Not eligible for appointment or designation ANY CAPACITY to ANY PUBLIC
OFFICE or position during their tenure.
b). EXCEPTION: May hold ex officio positions.
➢ Examples:
➢ The Vice President may be appointed Cabinet member
➢ Congressman may sit in the Judicial and Bar Council
c). To be eligible to hold any other office, the elected official must first resign his
office
d). Even Congress cannot, by law, authorize the appointment of an elective official.
a). Cannot hold any other office or employment in the government, any subdivision,
agency, instrumentality, including GOCC's and their subsidiaries.
b). EXCEPTION: Unless otherwise allowed by law, or by the primary functions of
his position.
c). This exception DOES NOT APPLY to Cabinet members, and those officers
mentioned in Art. VII, Sec. 13. They are governed by the stricter prohibitions
contained therein.
Section 8. COMPENSATION
1) Prohibitions: applies to elected or appointed officers and employees
Cannot receive:
A. Additional - an extra reward given for the same office i.e. bonus
B. Double - when an officer is given 2 sets of compensation for 2
different offices held concurrently by 1 officer
C. Indirect Compensation
3) Cannot accept any present, emolument, office, title of any kind from foreign
governments UNLESS with the consent of Congress.
Section 1. COMPOSITION/QUALIFICATIONS/TERM
Composition: (7)
1)Chairman and
2)Commissioners (6)
Qualifications:
Term:
Powers:
1) Enforce and administer all laws and regulations relative to the conduct of an election,
plebiscite, initiative, referendum, and recall.
(a) Ex: COMELEC can enjoin construction of public works within 45 days of an
election.
1) Exercise:
A. Exclusive original jurisdiction over all contests relating to the elections, returns,
and qualifications of all elective
1. Regional,
2. Provincial, and
3. City officials
D. Contempt powers
3) Decide, except those involving the right to vote, all questions affecting elections,
including determination of the number and location of polling places, appointment of
election officials and inspectors, and registration of voters.
Note: Questions involving the right to vote fall within the jurisdiction of the ordinary courts.
4) Deputize, with the concurrence of the President, law enforcement agencies and
instrumentalities of the Government, including the Armed Forces of the Philippines, for
the exclusive purpose of ensuring free, orderly, honest, peaceful, and credible
elections.
a). The political parties etc. must present their platform or program of government.
b). There should be sufficient publication
c). Groups which cannot be registered:
i. Religious denominations/sects
ii. Groups which seek to achieve their goals through violence or unlawful
means
iii. Groups which refuse to uphold and adhere to the Constitution
iv. Groups which are supported by any foreign government.
d). BUT: Political parties with religious affiliation or which derive their principles
from religious beliefs are registerable.
e). Financial contributions from foreign governments and their agencies to political
parties, organizations, coalitions, or candidates related to elections constitute
interference in national affairs. If accepted, it is an additional ground for the
cancellation of their registration with the Commission, in addition to other
penalties that may be prescribed by law.
1) File, upon a verified complaint, or on its own initiative, petitions in court for inclusion
of exclusion of voters; investigate and, where appropriate, prosecute cases of
violations of election laws, including acts or omissions constituting elections frauds,
offenses and malpractices.
3) Recommend to the President the removal of any officer or employee it has deputized,
or the imposition of any other disciplinary action, for violation or disregard or, or
disobedience to its directive, order, or decision.
4) Submit to the President and the congress a comprehensive report on the conduct of
each election, plebiscite, initiative, referendum, or recall.
Rules of Procedure
Decision-Making
Regulation of franchises
A. What can COMELEC supervise or regulate
1). The enjoyment or utilization of all franchises or permits for the operation of
transportation and other public utilities, media of communication or information.
2). Grants, special privileges or concessions granted by the Government or any
subdivision, agency or instrumentality thereof, including any GOCC or its
subsidiary
a). Under Article XI, Section 9, the election period commences 90 days
before
the day of the election and ends 30 days thereafter.
b). In special cases, COMELEC can fix a period.
2). Applies not just to elections but also to plebiscites and referenda.
3). Plebiscite: Submission of constitutional amendments or important legislative
measures to the people ratification
4). Referendum: power of the electorate to approve or reject legislation through
an election called for that purpose.
1). COMELEC cannot compel print media to donate free space to the COMELEC. It
may, however, compel it to provide space after paying just compensation.
2). Power of COMELEC is over franchises and permits, NOT individuals. For example,
COMELEC may not regulate media practitioners, for this would violate the freedom
of expression.
Section 6
Prohibition on block-voting
Poll Watchers
➢ Political parties, etc. are entitled to appoint poll watchers in accordance with
law.
Section 10. Bona fide candidates for any public office shall be free from any form
of harassment and discrimination.
How provided
1) Funds certified by the COMELEC as necessary to defray the expenses for holding
regular and special elections, plebiscites, initiative, referenda and recalls, shall
provided in the regular or special appropriations.
2) Funds should be certified by the COMELEC as necessary.
Release of funds
Section 1. COMPOSITION/QUALIFICATIONS
Composition:
1) Chairman, and
2) Commissioners (2).
Qualifications:
Term:
Section 2. POWERS
3) If COA finds internal control system of audited agencies as inadequate, COA may
adopt measures, including temporary or special pre-audit, as may be necessary.
4) Keep the general accounts of the government, preserving vouchers and other
supporting papers pertaining thereto.
5) Exclusive authority to define the scope of COA’s audit and examination and to
establish the techniques and methods required therefor.
Note:
2) COA can settle only LIQUIDATED ACCOUNTS or those accounts which may be
adjusted simply by arithmetic process.
3) COA has authority not just over accountable officers but also over other officers who
perform functions related to accounting such as verification of evaluations and
computation of fees collectible, and the adoption of internal rules of control.
4) COA does not have the power to fix the amount of an unfixed or undetermined debt.
5) Where the following requirements are complied with, it becomes the ministerial duty
of the COA to approve and pass in audit vouchers for payment:
6) Prosecutors may still review accounts already settled and approved by COA for the
purpose of determining possible criminal liability. This is because COA’s interest in
such accounts is merely administrative.
7) COA has the power to determine the meaning of ‘public bidding’ and what constitutes
failure when regulations require public bidding for the sale of government property.
Section 3. No law shall be passed exempting any entity of the Government or its
subsidiary in any guise whatever, or any investment of public funds, from the
jurisdiction of the Commission on Audit.
Composition:
1) Provinces
2) Cities;
3) Municipalities; and
4) Barangays
SEC. 3. Congress shall enact a local government code which shall provide for a
more responsive and accountable local government structure instituted through a
system of decentralization with effective mechanisms of recall, initiative, and
referendum, allocate among the different local government units their powers,
responsibilities, and resources, and provide for the qualifications, election,
appointment and removal, term, salaries, powers and functions and duties of local
officials, and all other matters relating to the organization and operation of the local
units.
Supervision of President
3) This power is limited to ensuring that lower officers exercise their functions in
accordance with law.
4) The president cannot substitute his judgment for that of an LGU official unless the
latter is acting contrary to law.
5) The President may, however, impose administrative sanctions against LGU officials,
such as suspension for 120 days, and may even remove them from their posts, in
accordance with law.
Limitations on Power
1) It is subject to such guidelines and limitations as Congress may provide. See Local
Government Code for examples.
2) The guidelines set by Congress should be consistent with the basic policy of local
autonomy.
The taxes, fees and charges shall accrue exclusively to the local governments.
5) Adjustments in IRA
A. Ground: Unmanageable public section deficit
B. President can make the necessary adjustments in the IRA upon the
recommendation of the following:
6) IRA considered for purposes of conversion from one political subdivision to the next.
(Alvarez v. Guingona)
1) LGUs are entitled to an equitable share in the proceeds of the utilization and
development of the national wealth within their respective areas in the manner
provided by law.
2) This includes share the same with the inhabitants by way of direct benefits.
Under the LGC
1) LGUs have a share of 40% of the gross collection derived by the national government
from the preceding fiscal year from
A. Mining taxes
B. Royalties
C. Forestry and fishery charges
D. Other taxes, fees and charges
E. Share in any co-production, joint venture or production sharing agreement in
the utilization and development of the national wealth w/in their territorial
jurisdiction
Term of Office
Elective local officials, now including barangay officials have a term of 3 years.
Limitations:
1) Requisites
Creation:
Classification of Cities:
1) Highly urbanized cities and independent component cities are independent of the
province.
2) Component cities whose charter contain no such prohibition are still under the
control of the province and its voters may still vote for elective provincial officials.
1) It is optional on the part of LGUs as shown by the use of the word “may”
2) It can be done for purposes commonly beneficial to them in accordance with the law.
Composition
1) Administrative decentralization
2) To strengthen local autonomy
3) To accelerate the economic and social growth and development of the units in the
region
Where:
1) Muslim Mindanao
2) Cordillera region
Factors:
1) Historical heritage
2) Cultural heritage
3) Economic and social structures,
Creation:
1) Provided by law.
2) EFFECTIVITY of such creation occurs only when it is approved by a majority of the
votes cast in a plebiscite held among the constituent units.
3) Only those Provinces, Cities, and Geographical Areas voting favorably in such
plebiscite shall form part of the autonomous region.
4) If only 1 province approved the law, NO AUTONOMOUS REGION created, since the
constitution requires more than one province to constitute one (like what happened in
the Cordillera plebiscite)
5) The question of which LGU’s shall constitute an autonomous region is one which is
exclusively for Congress to decide.
By Whom:
The President
Purpose:
To ensure that the laws are faithfully executed.
SEC. 17. All powers, functions and responsibilities not granted by this Constitution
or by law to the autonomous region shall be vested in the National Government.
The Organic Act of Autonomous Region shall provide for legislative powers over:
1) Administrative organization;
2) Creation of sources of revenues;
3) Ancestral domain and natural resources
4) Personal, family and property relations
5) Regional, urban, and rural planning development;
6) Economic, social, and tourism development;
7) Educational policies;
8) Preservation and development of the cultural heritage; and
9) Such other matters as may be authorized by law for the promotion of the general
welfare of the people of the region.
Limitations:
Public officers and employees must at all times be accountable to the people, serve
them with utmost responsibility, integrity, loyalty and efficiency, act with patriotism
and justice and lead modest lives.
President
VP
SC Justices
Constitutional Commission members
Ombudsman
2. Grounds
Note: It is an exclusive list. Congress cannot, by law, add to the list of impeachable
offenses.
2. These officers cannot be charged in court with offenses that have removal from office
as penalty.
3. The President cannot be charged with murder.
4. A SC Justice cannot be disbarred because this would disqualify him from his position.
5. BUT AFTER an official has been impeached, he can be charged with the appropriate
offense.
6. Resignation by an impeachable official does not place him beyond the reach of
impeachment proceedings; he can still be impeached.
Procedure:
Note: If the verified complaint or resolution of impeachment was filed by at least 1/3 of all
the Members of the House, it shall constitute the Articles of Impeachment. Trial in the
Senate shall proceed.
A. Senate has the sole power to try and decide all cases of impeachment
B. For this purpose, the Senators shall be under oath or affirmation
a. When the President of the Philippines is on trial, the CJ of the Supreme
Court presides. However, he/she will not vote.
This requires the concurrence of 2/3 of all the Members of the Senate
Section 4: SANDIGANBAYAN
Composition:
1.) Ombudsman/Tanodbayan
2.) Overall deputy
3.) At least one Deputy each for Luzon, Visayas and Mindanao
4.) Deputy for military establishment may be appointed
1.) Cannot hold any other office or employment during his tenure
2.) Cannot engage in the practice of any profession or in the active management or control
of any business which may be affected by the functions of his office
3.) Cannot be financially interested, directly or indirectly, in any contract with or in any
franchise or privilege granted by the Government, any of its subdivisions, agencies or
instrumentalities, including GOCCs or their subsidiaries
Appointment
d. By the Ombudsman
e. In accordance with Civil Service Law
Rank/Salaries:
1. Investigate on its own, or on complaint by any person, any act or omission of any public
official, employee, office or agency, when such act or omission appears to be illegal,
unjust, improper, or inefficient.
a. The SC held that the power to investigate and prosecute cases involving
public officers and employees has been transferred to the Ombudsman.
b. The Ombudsman may always delegate his power to investigate.
c. The power to investigate includes the power to impose preventive
suspension.
d. This preventive suspension is not a penalty.
e. “INVESTIGATE” does not mean preliminary investigation.
f. The complaint need not be drawn up in the usual form.
g. The “ILLEGAL” act or omission need not be in connection with the duties
of the public officer or employee concerned.
h. ANY illegal act may be investigated by the Ombudsman. In this regard, the
Ombudsman’s jurisdiction is CONCURRENT with that of the regular
prosecutors.
2. Direct, upon complaint or at its own instance, any public official or employee of the
government, or any subdivision, agency or instrumentality thereof, as well as of any
government-owned or controlled corporation with original charter, to perform and expedite
any act of duty required by law, or to stop, prevent, and correct any abuse or impropriety
in the performance of duties.
a. The Ombudsman has PERSUASIVE POWER, and may require that proper
legal steps are taken by the officers concerned.
b. The public official or employee must be employed in:
(I). The Government
(II). Any subdivision, agency, or instrumentality thereof; or
(III). GOCC’s with original charters
c. The SC has held that the SP may prosecute before the Sandiganbayan
judges accused of graft and corruption, even if they are under the Supreme
Court.
3.) Direct the officer concerned to take the appropriate action against a public official or
employee at fault, and recommend his removal, suspension, demotion, fine, censure,
or prosecution, and ensure compliance therewith.
5.) Request any government agency for assistance and information necessary in the
discharge of its responsibilities, and to examine, if necessary, pertinent records and
documents.
6.) Public matters covered by its investigation when circumstances so warrant and with
due process
7.) Determine the cause of inefficiency, red tape, mismanagement, fraud and corruption
in the government and make recommendations for their elimination and the observance
of high standards of ethics and efficiency
8.) Promulgate its rules of procedure and exercise such other powers or perform such
functions or duties as may be provided by law
Note: The Office of the Ombudsman also has the duty to act promptly on complaints filed
in any form or manner against public officials or employees of the government, or any
subdivision, agency or instrumentality including GOCCs and their subsidiaries. In
appropriate cases, it should notify the complainants of the action taken and the result
thereof.
Fiscal Autonomy:
The Office of the Ombudsman enjoys fiscal autonomy. Its approved annual appropriations
should be automatically and regularly released.
1. Under the 1987 Constitution, the existing Tanodbayan became the Office of the Special
Prosecutor
2. Powers
a. It will continue to function and exercise its powers as now or hereafter may
be provided by law
b. Exception: Powers conferred on the Office of the Ombudsman
3. The Office of the Special Prosecutor is subordinate to and acts under the orders of the
Ombudsman
Note: According to Jack, the SC was wrong because the ConCom intended that the SP
was to prosecute anti-graft cases.
1.) The right of the State to recover properties unlawfully acquired by public officials and
employees from them or from their nominees or transferees shall NOT be barred by
prescription, laches or estoppel.
2.) Their right to prosecute criminally these officials and employees may prescribe.
Section 16: PROHIBITION ON CERTAIN FINANCIAL TRANSACTIONS
Coverage:
1.) President
2.) Vice-President
3.) Members of the Cabinet
4.) Members of Congress
5.) Members of Supreme Court
6.) Members of Constitutional Commissions
7.) Ombudsman
8.) Any firm or entity in which they have controlling interest
Scope of prohibition:
1.) The above mentioned officials cannot obtain, directly or indirectly for BUSINESS
PURPOSES:
a. Loans
b. Guarantees
c. Other forms of financial accommodation
From:
1. Government owned or controlled banks; or
2. Government owned or controlled financial institutions.
2.) If the loan, etc, is NOT for business purpose, e.g. a housing loan, the prohibition does
not apply.
When submitted:
Public officer and employee shall submit a declaration under oath of his assets, liabilities
and net worth upon assumption of office and as often as required under the law.
These declarations shall be disclosed to the public in a manner provided by law in the
case of:
1.) President
2.) Vice-President
3.) Members of the Cabinet
4.) Members of Congress
5.) Justices of the Supreme Court
6.) Members of Constitutional Commissions
7.) Other constitutional offices
8.) Officers of the armed forces with general or flag rank
2.) If Philippine citizenship is one of the qualifications to the office, the loss of such
citizenship means the loss of the office by the incumbent.
3.) The Election Code provides the rules with respect to non-incumbents, i.e. persons
running for elective offices.
Three-fold goal:
1. Imperium
Government authority possessed by the State which is appropriately embraced in
sovereignty.
2. Dominium
a. The capacity of the State to own and acquire property.
b. It refers to lands held by the government in a proprietary character: can
provide for the exploitation and use of lands and other natural resources.
Scope:
2. Means
A. The state may DIRECTLY UNDERTAKE such activities
B. The state may enter into CO-PRODUCTION, JOINT VENTURE OR
PRODUCTION-SHARING arrangements with
1. Filipino citizen or
2. Corporation or association at least 60% of whose capital is owned
by such citizens
3. Limitations:
A. Period: It should not exceed 25 years, renewable for not more than 25 years
B. Under terms and conditions as may be provided by law.
1. The President may enter into agreements with foreign owned corporations involving
technical or financial assistance for large-scale exploration etc. of minerals, petroleum,
and other mineral oils. These agreements should be in accordance with the general
terms and conditions provided by law.
2. They should be based on the real contributions to economic growth and general welfare
of the country.
3. In the agreements, the State should promote the development and use of local scientific
and technical resources.
4. The President should notify Congress of every contract under this provision within 30
days from its execution.
5. Management and service contracts are not allowed under this rule.
2. The State shall reserve its use and enjoyment exclusively to Filipino citizens.
1. Agricultural
2. Forest/timber
3. Mineral lands &
4. National Parks
Note:
1. Classification of public lands is an exclusive prerogative of the Executive Department
through the Office of the President, upon recommendation by the DENR.
2. Classification is descriptive of the legal nature of the land and NOT what it looks like.
Thus, the fact that forest land is denuded does not mean it is no longer forest land.
A. They can only hold alienable lands of the public domain BY LEASE
B. Period: Cannot exceed 25 years, renewable for not more than 25 years
C. Area: Lease cannot exceed 1,000 hectares
Note: A corporation sole is treated like other private corporations for the purpose of
acquiring public lands.
Taking into account the requirements of conservation, ecology and development, and
subject to the requirements of agrarian reform, Congress shall determine by law the size
of the lands of the public domain which may be acquired, developed, held or lease and
the conditions therefore.
A. Upon completion of the requisite period, the land becomes private property ipso
jure without need of any judicial or other sanction.
B. Here, in possession since time immemorial, presumption is that the land was
never part of public domain.
C. In computing 30 years, start from when land was converted to alienable land,
not when it was still forest land
D. Presumption is that land belongs to the State.
Section 4. Congress shall, as soon as possible, determine by law, the specific limits
of forest lands and national parks, marking clearly their boundaries on the ground.
Thereafter, such forest lands and national parks shall be conserved and may not be
increased or diminished, EXCEPT by law. Congress shall provide measures to
prohibit logging in
a. Endangered forest and
b. Watershed areas
for such period as it may determine.
1. The State protects the rights of indigenous cultural communities to their ancestral lands
A. Subject to Constitutional provisions
B. Subject to national development policies and programs
3. “ANCESTRAL DOMAIN”
A. It refers to lands which are considered as pertaining to a cultural region
B. This includes lands not yet occupied, such as deep forests.
General rule
2. Exceptions
3. Filipino citizenship is only required at the time the land is acquired. Thus, loss of
citizenship after acquiring the land does not deprive ownership.
5. Land tenure is not indispensable to the free exercise of religious profession and
worship. A religious corporation controlled by non-Filipinos cannot acquire and own
land, even for religious purposes.
Power of Congress
In the grant of rights, privileges and concessions covering the national economy and
patrimony, the State shall give preference to QUALIFIED Filipinos.
Power to grant:
Public utility
1. In order to be considered as a public utility, and thus subject to this provision, the
undertaking must involve dealing directly with the public.
2. Thus, a Build-Operate-Transfer grantee is NOT a public utility. The BOT grantee
merely constructs the utility, and it leases the same to the government. It is the
government which operates the public utility (operation separate from ownership).
To whom granted:
1. Filipino citizens or
2. Corporations or associations incorporated in the Philippines and at least 60% of the
capital is owned by Filipino citizens.
1. The participation of foreign investors in the governing body of any public utility enterprise
shall be limited to their proportionate share in its capital.
2. Foreigners cannot be appointed as the executive and managing officers because these
positions are reserved for Filipino citizens.
Section 16. FORMATION/ORGANIZATION/REGULATION OF CORPORATIONS
1. Private corporations
Congress can only provide for the formation, etc of private corporations through a
general law.
2. GOCC’s
They may be created by:
a. Special charters in the interest of the common good and subject to the test
of economic viability.
b. By incorporation under the general corporation law.
Social Justice
1) Social justice in the Constitution is principally the embodiment of the principle that
those who have less in life should have more in law.
2) The 1987 Constitution advances beyond what was in previous Constitutions in that it
seeks not only economic social justice but also political social justice.
Labor
➢ Section 3 of Article XIII elaborates on the provision in Article II by specifying who are
protected by the Constitution, what rights are guaranteed, and what positive measures
the state should take in order to enhance the welfare of labor.
➢ The right to organize is given to all kinds of workers BOTH in the PRIVATE and PUBLIC
sectors.
➢ The workers have a right to hold peaceful concerted activities except the right to strike,
which is subject to limitation by law.
The workers have the right to participate on matters affecting their rights and benefits, “as
may be provided by law”. This participation can be through
1) collective bargaining agreements,
2) grievance machineries,
3) voluntary modes of settling disputes, and
4) conciliation proceedings mediated by government.
Agrarian Reform
Goals:
➢ To the extent that the law prescribes retention limits for landowners, there is an
exercise of police power. But where it becomes necessary to deprive owners of their
land in excess of the maximum allowed there is compensable taking and therefore the
exercise of eminent domain.
➢ It extends not only to private agricultural lands, but also to “other natural resources,”
even including the use and enjoyment of “communal marine and fishing resources”
and “offshore fishing grounds”.
Composition:
1) Chairman; and
2) 4 members
Qualifications:
Powers:
1) Investigate all forms of human rights violations involving civil or political rights
A. Violations may be committed by public officers or by civilians or rebels.
B. CHR cannot investigate violations of social rights.
C. CHR has NO adjudicatory powers over cases involving human rights violations.
D. They cannot investigate cases where no rights are violated.
E. Example: There is no right to occupy government land, i.e. squat thereon.
Therefore, eviction therefrom is NOT a human rights violation.
2) Adopt operational guidelines and rules of procedure.
3) Cite for contempt for violations of its rules, in accordance with the Rules of Court.
4) Provide appropriate legal measures for the protection of the human rights of all persons,
within the Philippines, as well as Filipinos residing abroad, and provide for
preventive measures and legal aid services to the underprivileged whose human
rights have been violated or need protection.
A. CHR can initiate court proceedings on behalf of victims of human rights violations.
B. They can recommend the prosecution of human rights violators, but it cannot itself
prosecute these cases.
C. BUT: The CHR cannot issue restraining orders or injunctions against alleged human
rights violators. These must be obtained from the regular courts.
5) Exercise visitorial powers over jails, prisons and other detention facilities.
6) Establish continuing programs for research, education and information in order to
enhance respect for the primacy of human rights.
7) Recommend to Congress effective measures to promote human rights and to provide
compensation to victims of human rights violations or their families.
8) Monitor compliance by the government with international treaty obligations on human
rights.
9) Grant immunity from prosecution to any person whose testimony or whose possession
of documents or other evidence is necessary or convenient to determine the truth
in any CHR investigation.
10) Request assistance from any department, bureau, office, or agency in the
performance of its functions.
11) Appoint its officers and employers in accordance with law.
12) Perform such other functions and duties as may be provided for by law.
EDUCATION
The right to education must be read in conjunction with the academic freedom of
schools to require “fair, reasonable, and equitable admission requirements.”
1) Schools have the power to dismiss students, after due process, for disciplinary reasons.
2) Acts committed outside the school may also be a ground for disciplinary action if:
a) It involves violations of school policies connected to school-sponsored activities; or
b) The misconduct affects the student’s status, or the good name or reputation of the
school.
The right to education in particular fields may be regulated by the State in the exercise
of its police power, e.g. the State may limit the right to enter medical school by requiring
the applicants to take the NMAT.
Free Education
Educational Institutions
I. Filipinization
A. Ownership:
1). Filipino citizens, or
2). Corporations incorporated in RP and 60% Filipino-owned.
EXCEPT: Schools established by religious groups and mission boards.
3). Congress may increase Filipino equity requirements in ALL educational
institutions.
C. Student Population:
1). GENERAL RULE: Cannot establish school exclusively for aliens. Aliens can
only comprise up to 1/3 of total enrollment.
2). EXCEPTIONS: Schools established for foreign diplomatic personnel and their
dependents, and unless otherwise provided for by law for other foreign temporary
residents.
A. Educational Institutions
Schools have the freedom to determine:
1) Who may teach,
2) What may be taught,
3) How it shall be taught, and
4) Who may be admitted to study.
B. Faculty members
1) Full freedom in research and in the publication of the results, subject to the
adequate performance of their other academic duties.
2) Freedom in the classroom in discussing their subjects, but they should be
careful not to introduce into their teaching controversial matter which has no
relation to their subjects.
3) When faculty members speak or write in their capacity as citizens, then they are
free from institutional censorship or discipline.
C. Students
They have the right to enjoy in school the guarantees of the Bill of Rights.
D. Limitations
1) Dominant police power of the State
2) Social interest of the community
E. Budgetary Priority:
1). Education must be assigned the highest budgetary priority.
2). BUT: This command is not absolute. Congress is free to determine what should
be given budgetary priority in order to enable it to respond to the imperatives of
national interest and for the attainment of other state policies or objectives.
Section 6. Language
1) Flag
Note: Law will take effect upon ratification by the people in a NATIONAL REFERENDUM.
Suability of State
Consent to be sued
A. Express consent:
1). The law expressly grants the authority to sue the State or any of its agencies.
2). Examples:
a). A law creating a government body expressly providing that such body
“may sue or be sued.”
b). Art. 2180 of the Civil Code, which creates liability against the State when
it acts through a special agent.
B. Implied consent:
a). The contract must be entered into by the proper officer and within the
scope of his authority.
b). UNLESS: The contract is merely incidental to the performance of a
governmental function.
2). The State enters into an operation that is essentially a business operation.
1) GENERAL RULE: NO. Whether the money is deposited by way of general or special
deposit, they remain government funds and are not subject to garnishment.
2) EXCEPTION: A law or ordinance has been enacted appropriating a specific amount to
pay a valid government obligation, then the money can be garnished.
1) The Fact that the State consented to being sued does not mean that the State will
ultimately be held liable.
2) Even if the case is decided against the State, an award cannot be satisfied by writs of
execution or garnishment against public funds. Reason: No money shall be paid out
of the public treasury unless pursuant to an appropriation made by law.
Composition:
1) Military men cannot engage, directly or indirectly, in any partisan political activity, except
to vote.
2) Members of the AFP in active service cannot be appointed to a civilian position in the
government, including GOCCs or their subsidiaries.
Definitions:
B. Constitutional Convention:
3) BUT: The manner of calling a ConCon is subject to judicial review, because the
Constitution has provided for vote requirements.
4) If Congress, acting as a constituent assembly, calls for a ConCon but does not
provide the details for the calling of such ConCon, Congress - exercising its
ordinary legislative power - may supply such details. But in so doing, Congress
(as legislature) should not transgress the resolution of Congress acting as a
constituent assemble.
C. People’s Initiative
Note:
1) While the substance of the proposals made by each type of constituent assembly is
not subject to judicial review, the manner the proposals are made is subject to judicial
review.
2) Since these constituent assemblies owe their existence to the Constitution, the courts
may determine whether the assembly has acted in accordance with the Constitution.
3) Examples of justiciable issues:
Proposal of Revisions
a) The Constitution does not require that amendments and revisions be submitted
to the people in a special election. Thus, they may be submitted for ratification
simultaneously with a general election.
b) The determination of the conditions under which proposed
amendments/revisions are submitted to the people falls within the legislative
sphere. That Congress could have done better does not make the steps taken
unconstitutional.
c) All the proposed amendments/revisions made by the constituent assemblies
must be submitted for ratification in one single plebiscite. There cannot be a
piece-meal ratification of amendments/revisions.
d) Presidential proclamation is NOT required for effectivity of
amendments/revisions, UNLESS the proposed amendments/revisions so
provide.