Professional Documents
Culture Documents
time after they are made because at any time in the discretion of the
they are intended to answer present court;
needs or correct current problems. b. In civil cases, the constitutional
question can be raised at any stage
*JUDICIAL REVIEW OF if it is necessary to the
AMENDMENTS determination of the case itself.
c. In every case, except where there
- Question of the validity of the adoption of
is estoppel, the constitutional
amendments to the Constitution is subject
question can be raised at any stage
to judicial review.
if it involves the jurisdiction of the
- the amending process, both as to approval case itself.
and ratification raises a judicial question.
(Justice Martin) 4) The decision of the
constitutional question must be
necessary to determination of
III. THE CONSTITUTION AND THE the case.
COURTS
Effects of Declaration of
- Judiciary occupies a vital and Unconstitutionality
indispensable part in our system of - Two views:
government, for it is the ultimate 1. Orthodox view – An
guardian of the Constitution. unconstitutional act is not a law.
It confers no rights; it imposes
Voting (Article VIII, Section 4) no duties; it affords no
Requisites of Judicial Inquiry: protection; it creates no office; it
1) There must be an actual case or is, in legal contemplation,
controversy; inoperative, as if it had not been
passed.
2) The question of constitutionality 2. Modern view – The court, in
must be raised by the proper passing legupon the question of
party; constitutionality does not annul
or repeal the statute if it finds it
in conflict with the Constitution.
3) The constitutional question must It merely refuses to recognize it.
be raised at the earliest possible
Partial Unconstitutionality
time;
-Exceptions: - Declaration of partial
a. In criminal cases, the unconstitutionality is valid only if
constitutional question can be raised two conditions concur:
1. That the legislature is willing to
retain the valid portions even if
- Anything that can come under the deposit required by law is duly
dominion of a man is subject to made.
expropriation. Real or personal;
tangible or intangible.
Exception: Money and choses of VII. TAXATION
action. Personal right not reduced
into possession but recoverable by a - “Taxes are the enforced
suit at law. proportional contributions from
persons and property, levied by the
Taking
State by virtue of its sovereignty, for
- Imports a physical dispossession by the support of government and for
the owner. May include; all public needs”
1. Trespass without actual eviction
of the owner; - Obligation to pay taxes is not based
2. Material impairment of the value on contract. It is a duty imposed
of property; upon the individual as a member in
3. Prevention of the ordinary uses the body politic and his enjoyment
for which the property was of benefits available from such
intended. membership. Thus, non-payment
may result to criminal prosecution
Requisites of taking in Eminent and punishment.
Domain:
1. The expropriator must enter a Scope
private property; - Power to tax is so pervasive that it
2. The entry must be for more than a reaches even the citizen abroad.
momentary period; - It may also include the power to
3. The entry must be under warrant or destroy if one is noxious or intended
color of legal authority; for noxious purpose.
4. The property must be devoted to
public use or otherwise informally Exercise of Taxation
appropriated or injuriously affected; - Inherent in the State (re LGUs –
5. The utilization of the property for Article X, Section 5)
public use must be in such a way as - What to tax, whom or what to tax ,
to oust the owner and deprive him for what subject, to the discretion of
of beneficial enjoyment of the the court.
property.
Due Process and Taxation
Expropriator can enter only the - Taxation is subject to the
subject property after expropriation requirements of due process. Taxes
proceedings commenced and will not be allowed if they are
Double Taxation
- ”Power to tax twice is as ample as to
tax once.”
- When additional taxes are laid on
the same subject by the same taxing
jurisdiction during the same taxable
period for the same purpose.
Public Purpose
- Tax proceeds shall be devoted to
public use. However, it could also be
used for private purposes/persons.
An example would be pensions paid
to veterans, unemployment relief,
support for the handicapped, to
name a few.
a. Treaty 1. treaty
2. international or executive
b. International or executive agreement
agreement or 3. law
4. presidential decree
c. Law. 5. proclamation
6. order
2. All cases required to be heard en 7. instruction
banc under the Rules of Court: 8. ordinance, or
9. regulation;
d. Criminal cases where the penalty 6. Appoint ALL officials and employees
imposed is reclusion perpetua or of the Judiciary, in accordance with
higher; and Civil Service Law.
a. It should provide a simplified and 2. Lower courts may also exercise the
inexpensive procedure for the speedy power of judicial review, subject to the
disposition of cases. appellate jurisdiction of the SC.
7) Cities and municipalities exercise 3) The share of each LGU should not
direct supervision over component be subject to any lien or holdback that
barangays. may be imposed by the national
government for whatever purpose.
Section 5. EACH LOCAL GOVERNMENT
SHALL HAVE THE POWER TO CREATE 4) Each LGU should appropriate in
OWN SOURCES OF REVENUE/LEVY its annual budget at least 20% of its
TAXES, FEES AND CHARGES ETC. annual IRA for development projects.
Limitations on Power
5) Adjustments in IRA
1) It is subject to such guidelines
1. Ground: Unmanageable public
and limitations as Congress may
section deficit
provide. See Local Government Code 2. President can make the necessary
for examples. adjustments in the IRA upon the
recommendation of the following:
2) The guidelines set by Congress 1. Department of Finance Secretary
should be consistent with the basic 2. DILG Secretary
policy of local autonomy. 3. DBM Secretary
Accrual of taxes, fees, charges 6) IRA considered for purposes of
conversion from one political
The taxes, fees and charges shall
subdivision to the next. (Alvarez v.
accrue exclusively to the local
Guingona)
governments.
Section 7. SHARE OF LGUS IN
Section 6. LGUs SHALL HAVE A JUST
NATIONAL WEALTH
SHARE IN NATIONAL TAXES, AS
DETERMINED BY LAW, WHICH SHALL BE Share of LGUs in national wealth
AUTOMATICALLY RELEASED TO THEM
1) LGUs are entitled to an equitable
Internal Revenue Allotment (IRA)
share in the proceeds of the utilization
1) Share of LGUs in national taxes is and development of the national
limited to the internal revenue taxes. wealth within their respective areas in
the manner provided by law.
2) The share of each LGU should be
released, without need of any further 2) This includes share the same with
action, directly to the provincial, city, the inhabitants by way of direct
municipal or barangay benefits.
treasurer. Release is made on a
Under the LGC
quarterly basis within 5 days after the
end of each quarter. 1) LGUs have a share of 40% of the
gross collection derived by the national
government from the preceding fiscal 3) Third sector (can choose from
year from any of the following)
1.
Mining taxes A) Urban poor
2.
Royalties
3.
Forestry and fishery charges B) Indigenous cultural communities
4.
Other taxes, fees and charges
5.
Share in any co-production, joint C) Disabled persons
venture or production sharing
agreement in the utilization and D) Any other sector as may be
development of the national determined by the sanggunian
wealth w/in their territorial
jurisdiction Election of Sector Representatives
Sec. 8. TERM OF OFFICE Sec. 10. Creation, abolition and
Term of Office division of LGU’s
1) Requisites
Elective local officials, now including 1. Compliance with the
barangay officials have a term of 3 requirements of the Local
years. Government Code; and
2. Approved by a majority of the
Limitations: votes cast in a plebiscite held in
the political units DIRECTLY
1) No elective official shall serve for affected.
more than 3 consecutive terms
2) Thus, a province is supposed to
2) Voluntary renunciation of office be divided into 2 separate provinces,
for any length of time shall not be plebiscite will include voters of the
considered as an interruption in the ENTIRE province, and not just the area
continuity of his service for the full to comprise the new province.
term for which he was elected.
3) LGC requirements relate to
Sec. 9. SECTORAL REPRESENTATION IN matters such as population, revenue,
LGUS and area requirements.
Legislative bodies of the local
governments shall have Sectoral Sec. 11. Metropolitan political
Representation (under the LGC) as subdivisions
may be provided by law Creation:
7) Educational policies;
ARTICLE XI: ACCOUNTABILITY OF
8) Preservation and development of PUBLIC OFFICERS
the cultural heritage; and
Section 1: PUBLIC OFFICE AS A PUBLIC
9) Such other matters as may be TRUST
authorized by law for the promotion of Public officers and employees must at
the general welfare of the people of all times be accountable to the
the region. people, serve them with utmost
responsibility, integrity, loyalty and
Limitations: efficiency, act with patriotism and
justice and lead modest lives.
1) Subject to the provisions of the
Constitution and national laws
Section 2: IMPEACHMENT/REMOVAL
2) To be exercised within its FROM OFFICE
territorial jurisdiction Impeachment: (as means of removal
from office)
Section 21. PRESERVATION OF PEACE 1. Who may be impeached:
AND ORDER/DEFENSE AND SECURITY – President
Peace and Order – VP
– SC Justices
1. Senate has the sole power to try Qualifications: (Ombudsman and his
and decide all cases of deputies)
impeachment
2. For this purpose, the Senators 1.) Natural born citizen of the
shall be under oath or affirmation Philippines
3. When the President of the
Philippines is on trial, the CJ of 2.) At least 40 years old at time of
the Supreme Court appointment
presides. However, he/she will
not vote. 3.) Of recognized probity and
independence
8.) Judgment of Conviction
4.) Member of the Philippine bar
This requires the concurrence of 2/3 of
all the Members of the Senate 5.) Must not have been candidate for
any elective office in the immediately
9.) Effect of the Impeachment preceding election
2.) Cannot engage in the practice of 2. The Members have the rank of
any profession or in the active members of a Constitutional
management or control of any business Commission
which may be affected by the functions
of his office 3. Their salaries cannot be decreased
during their term of office.
3.) Cannot be financially interested,
directly or indirectly, in any contract Powers, Functions and Duties of the
with or in any franchise or privilege Office of the Ombudsman
granted by the Government, any of its
1. Investigate on its own, or on
subdivisions, agencies or
complaint by any person, any act or
instrumentalities, including GOCCs or
omission of any public official,
their subsidiaries.
employee, office or agency, when such
Appointment act or omission appears to be illegal,
1. Of Ombudsman and deputies unjust, improper, or inefficient.
1. By the president from a list of at
1. The SC held that the power to
least 6 nominees prepared by the
investigate and prosecute cases
Judicial and Bar Council.
involving public officers and
Vacancies will be filled from a list
employees has been transferred
of 3 nominees
to the Ombudsman.
2. Appointments do NOT require
2. The Ombudsman may always
confirmation
delegate his power to investigate.
3. All vacancies shall be filled within
3. The power to investigate includes
3 months after they occur.
the power to impose preventive
2. Of other officials and employees of
suspension.
the Office of the Ombudsman
4. This preventive suspension is not
1. By the Ombudsman
a penalty.
2. In accordance with Civil Service
5. “INVESTIGATE” does not mean
Law
preliminary investigation.
Term: (Ombudsman and deputies) 6. The complaint need not be drawn
up in the usual form.
1. 7 years with reappointment
7. The “ILLEGAL” act or omission
need not be in connection with
2. They are NOT qualified to run for
the duties of the public officer or
any office in the election immediately
employee concerned.
succeeding their cessation from office 8. ANY illegal act may be
investigated by the
Rank/Salaries:
Ombudsman. In this regard, the
1. The Ombudsman has the rank of Ombudsman’s jurisdiction is
CONCURRENT with that of the
Chairman of a Constitutional
regular prosecutors.
Commission
2. Direct, upon complaint or at its own 2. Final say to prosecute still rests in
instance, any public official or the executive department.
employee of the government, or any 3. The Ombudsman or Tanodbayan
subdivision, agency or instrumentality may use mandamus to compel the
thereof, as well as of any government- fiscal to prosecute.
owned or controlled corporation with
4.) Direct the officer concerned, in any
original charter, to perform and
appropriate case, and subject to such
expedite any act of duty required by
limitations as may be provided by law
law, or to stop, prevent, and correct
to furnish it with copies of documents
any abuse or impropriety in the
relating to contracts or transactions
performance of duties.
entered into by his office involving the
1. The Ombudsman has PERSUASIVE disbursement or use of public funds of
POWER, and may require that properties, and report any irregularity
proper legal steps are taken by to COA for appropriate action.
the officers concerned.
2. The public official or employee 5.) Request any government agency for
must be employed in: assistance and information necessary in
the discharge of its responsibilities, and
(I). The Government to examine, if necessary, pertinent
records and documents.
(II). Any subdivision, agency, or
instrumentality thereof; or 6.) Public matters covered by its
investigation when circumstances so
(III). GOCC’s with original charters warrant and with due process.
1. The SC has held that the SP may
7.) Determine the cause of
prosecute before the
inefficiency, red tape,
Sandiganbayan judges accused of
mismanagement, fraud and corruption
graft and corruption, even if they
are under the Supreme Court. in the government and make
recommendations for their elimination
3.) Direct the officer concerned to and the observance of high standards of
take the appropriate action against a ethics and efficiency
public official or employee at fault,
and recommend his removal, 8.) Promulgate its rules of procedure
suspension, demotion, fine, censure, or and exercise such other powers or
prosecution, and ensure compliance perform such functions or duties as may
therewith. be provided by law.
against public officials or employees of 1.) The right of the State to recover
the government, or any subdivision, properties unlawfully acquired by
agency or instrumentality including public officials and employees from
GOCCs and their subsidiaries. In them or from their nominees or
appropriate cases, it should notify the transferees shall NOT be barred by
complainants of the action taken and prescription, laches or estoppel.
the result thereof.
Fiscal Autonomy 2.) Their right to prosecute criminally
these officials and employees may
The Office of the Ombudsman enjoys prescribe.
fiscal autonomy. Its approved annual
appropriations should be automatically Section 16: PROHIBITION ON CERTAIN
and regularly released. FINANCIAL TRANSACTIONS
Coverage:
Section 7: OFFICE OF THE SPECIAL
PROCECUTOR This prohibition applies to:
1.) The above mentioned officials 5.) Justices of the Supreme Court
cannot obtain, directly or indirectly for
BUSINESS PURPOSES: 6.) Members of Constitutional
Commissions
1. Loans
2. Guarantees 7.) Other constitutional offices
3. Other forms of financial
accommodation 8.) Officers of the armed forces with
general or flag rank
From:
Section 18: Allegiance of public
1. Government owned or controlled officers and employees
banks; or Allegiance to the State and to the
2. Government owned or controlled Constitution
financial institutions. Change in Citizenship/Immigrant
Status
2.) If the loan, etc, is NOT for
business purpose, e.g. a housing loan, 1.) Incumbent public officers and
the prohibition does not apply. employees who seek either:
Section 17: Statements of assets, 1. Change his citizenship; or
liabilities and net worth 2. Acquire immigrant status in
When submitted: another country
The State shall promote The following are owned by the State:
industrialization and full employment
1. Lands of the public domain:
1. It should be based on sound
Waters
agricultural development and agrarian
reform Minerals, coals, petroleum, and other
mineral oils;
2. It should be through industries that
make full and efficient use of human All sources of potential energy;
and natural resources. Industries
B. The state may enter into CO- 1. The President may enter into
PRODUCTION, JOINT VENTURE OR agreements with foreign owned
PRODUCTION-SHARING arrangements corporations involving technical or
with financial assistance for large-scale
exploration etc. of minerals,
1. Filipino citizen or
petroleum, and other mineral
2. Corporation or association at least
60% of whose capital is owned by oils. These agreements should be in
such citizens accordance with the general terms and
conditions provided by law.
3. Limitations:
2. They should be based on the real
A. Period: It should not exceed 25 contributions to economic growth and
years, renewable for not more than 25 general welfare of the country.
years
1. The State shall protect its marine 2. Agricultural lands may be further
wealth in its classified by law according to the uses
to which they may be devoted.
Archipelagic waters
Limitations regarding Alienable Lands
Territorial sea & of the Public Domain
1. For private corporations or
EEZ
associations
2. The State shall reserve its use and
A. They can only hold alienable lands
enjoyment exclusively to Filipino
of the public domain BY LEASE
citizens.
B. Period: Cannot exceed 25
Section 3. LANDS OF THE PUBLIC
years, renewable for not more than 25
DOMAIN ARE CLASSIFIED INTO
years
1. Agricultural
C. Area: Lease cannot exceed 1,000
2. Forest/timber hectares
Taking into account the requirements national parks, marking clearly their
of conservation, ecology and boundaries on the
development, and subject to the ground. Thereafter, such forest lands
requirements of agrarian reform, and national parks shall be conserved
Congress shall determine by law the and may not be increased or
size of the lands of the public domain diminished, EXCEPT by law. Congress
which may be acquired, developed, shall provide measures to prohibit
held or lease and the conditions logging in
therefore. 1. a. Endangered forest and
2. b. Watershed areas for such
Means by Which Lands of the Public period as it may determine.
Domain Become Private Land
Section 5. ANCESTRAL LANDS
1. Acquired from government by Protection of Indigenous Cultural
purchase or grant; Communities
In the grant of rights, privileges and 1. Duration: Not more than 50 years
concessions covering the national
economy and patrimony, the State shall 2. Franchise is NOT exclusive in
give preference to QUALIFIED Filipinos. character
Practice of ALL
Professions
Mass
Media
1. Filipino citizens; or
5) The CHR is not of the same level as A. CHR can initiate court proceedings
the COMELEC, CSC, or COA. on behalf of victims of human rights
violations.
Powers:
B. They can recommend the
1) Investigate all forms of human rights prosecution of human rights violators,
violations involving civil or political but it cannot itself prosecute these
rights cases.
1) The State shall maintain a system of 2). EXCEPTIONS: Schools established for
free education in: foreign diplomatic personnel and their
dependents, and unless otherwise
a) Elementary level, and provided for by law for other foreign
temporary residents.
b) High school level.
II. Tax Exemptions
2) Elementary education is compulsory
A. Non-stock, non-profit educational
for all children of school age. However,
institutions:
this is a moral rather than a legal
compulsion. 1) All revenues and assets actually,
directly and exclusively used for
Educational Institutions
educational purposes are exempt from
I. Filipinization
taxes and duties.
A. Ownership:
2) This is self-executory
1). Filipino citizens, or
B. Proprietary educational
2). Corporations incorporated in RP and
institutions, including cooperatives:
60% Filipino-owned.
1) Entitled to exemptions as may be
EXCEPT: Schools established by
provided by law, including restrictions
religious groups and mission boards.
on dividends and re-investment
3). Congress may increase Filipino
2) Requires an enabling statute
equity requirements in ALL educational
institutions. 3) Grants, endowments, donations and
contributions actually, directly and
B. Control and Administration:
exclusively used for educational
1). Must be vested in Filipino citizens purposes are exempt from taxes,
subject to conditions prescribed by
2). Refers to line positions, such as law.
President, Dean, Principal, and
Trustees III. Academic Freedom
A. Educational Institutions
3). Faculty members may be foreigners.
Schools have the freedom to
C. Student Population: determine:
- All persons shall have the right to a • No person shall be held to answer
speedy disposition of their cases for a criminal offense without due
before all judicial, quasi-judicial or process of law.
administrative bodies, under Section
16, Bill of Rights. • That provision is limited to criminal
cases and to their procedural
Reiterated by the RPC: requirements.
The accused shall be entitled to a Requirements
speedy trial, under Section 14 (2).
1. Trial by competent and impartial court
In view of the foregoing, the Supreme
2. In accordance with the procedure
Court can temporarily assign a judge
prescribed by law.
from a station to another when public
interest so requires, like when there is a 3. With proper observance of all the
busier judge in another district, under rights of the accused under the PC and
Section 5 (3), Article 8. statutes. One statutory right is the right
to preliminary investigation.
Under Section 5 of the same Article, the
SC shall provide a simplified and Self-incrimination—Section 17, Bill of
inexpensive procedure for the speedy Rights. No person shall be compelled to
disposition of cases. be a witness against himself.
Under Section 15 (1) of the same, Scope—For testimonial compulsion
maximum periods are prescribed for the and production of documents,
decision or resolution of cases: papers and chattels to be used as
evidence against the witness, except
1. 24 months in SC
in cases where the SC has right to
2. 12 months for all collegiate inspect the same under police
courts unless reduced by the SC. power.
3. 3 months for all other lower When Available—As long as the
courts. question is intended to incriminate.
4. 60 days for Constitutional Waiver—Either directly or by a
Commissions. failure to invoke it provided it is
certain, unequivocal, intelligently,
understandingly and willingly made.
XX. RIGHTS OF THE ACCUSED
Trial
Presumption of innocence - To have a speedy, impartial and
- Section 14 (a). In all criminal public trial.
prosecutions, the accuses shall be Trial in absentia - Trial may proceed
presumed innocent until the contrary despite the absence of the accused if
is proved. the same is duly notified and his
absence is unjustifiable.
• Conviction is based on the strength of
the prosecution, not the weakness of
the defense.
Right of Confrontation
1. Subpoena
If witness fails to comply, he may cited - The provision of access to courts for
in contempt by the court. If needed, he deserving indigents.
may be arrested so he can give the
needed evidence. - Free access to courts and quasi-
judicial bodies and adequate legal
assistance shall not be denied to any
Prohibited Punishments person because of poverty.
1. Excessive fines
3. Death penalty
Double Jeopardy –
2. By a competent court