ARTICLE IV

CITIZENSHIP
Section 1: Citizenship membership of a citizen in a political society Citizen Person who is a member of a political society enjoying full civil and political rights A National may possess Filipino citizenship but could only enjoy full civil rights but not political rights. An Alien (referring to foreigners, tourists and visitors of a foreign nation) only has the protection of life, liberty and property. Ways of Acquiring Citizenship: A. Involuntary method either by place of birth of parentage 1. Jus Sanguinis blood relationship 2. Jus Soli/ Jus Loci by place of birth 3. Nationals born before the adoption of the 1973 Constitution - Jan 17, 1973. Proclamation No. 58 signed by President Corazon Aquino on February 2, 1986 amended the policies of Citizenship based on the 1973 Constitution. The Philippines adhered to the doctrine of jus sangunis which states that Filipinos born out of Filipino parentage are declared as Filipinos. Not all countries subscribe to jus sanguinis. United States of America for example used jus soli. B. Voluntary Method By naturalization An alien may become Filipino citizens thru naturalization but can not hold the following elected/appointed positions: 1. President/ Vice President 2. Congressmen Justice of any trial court 3. Consitutional Commissions 4. Membership of the Central Monetary Authority 5. Ombudsman/Deputies Naturalization The act of formally adopting a foreigner into the political body of the state. Acquisition of citizenship: 1. By judgement of Court An alien may visit any Regional Trial Court and bring with him his documents and comply with the Revised Naturalization Act Commonwealth Act # 473 Revised Naturalization Act Presidential Decree # 1379 Spouses of Naturalized foreigners automatically become Filipinos 2. By direct act of Congress Citizenship through legislation

Section 2: Filipino citizens are the following: 1. Natural-born citizens 2. Citizens at the adoption of the 1973 Constitution 3. Citizens through election those who had dual citizenship and chose to remain Filipinos upon reaching the age of 18 4. Naturalized citizens Section 3: Expatriation: The loss of citizenship A. Voluntary 1. Naturalization in a foreign country 2. Expressed renunciation of a citizenship 3. Oath of allegiance to a foreign country 4. Rendering service or accepting commission to a foreign armed force B. Involuntary 1. Cancellation of certificate of naturalization 2. A deserter in times of war Commonwealth Act # 63 During wartime, A Filipino can not expatriate himself. Repatriation: Reacquisition of citizenship, however natural born Filipinos who repatriated can only become naturalized citizens 1. By naturalization 2. By repatriation that is, deserters or woman whose alien husbands are dead or their marriage terminated 3. By direct act of Congress Section 4: simply explains that when a Filipino citizen married a foreigner, he/she doesnt lose his citizenship unless she made an oath of allegiance to her spouses country. Section 5: Dual Allegiance - continued allegiance to the mother country even if foreign citizenship is already acquired. Duties & obligations of citizens 1. loyalty to the republic 2. defense of the state 3. contribute to the welfare of the State 4. uphold the Constitution

5. 6. 7. 8.

Cooperate with duly constituted authority exercise human rights engage in general welfare right to vote

ARTICLE V
SUFFRAGE
Suffrage: Right and obligation to vote. It is not a privilege but a right Scope of Suffrage: 1. Election people choose their officers who will serve them in a fixed time frame. 2. Plebiscite People shall express whether for or against a proposed law 3. Referendum Submission of law passed by the legislature for ratification or rejection 4. Initiative process by which the people directly propose or enact laws 5. Recall method by which a public official may be removed from office even before the expiration of his term. Qualification for suffrage: 1. Natural born Filipino citizens 2. not disqualified by law 3. Must be a Filipino resident for a year and six months in the barangay he will cast his vote Age requirement was lowered from 21 to 18 years of age, there is no maximum age requirement. Residence is a requirement for the elector to be familiar with the place he will cast his vote Batasang Pambansa # 881 created the Omnibus Election Code that the following are disqualified to vote: 1. Sentenced by Final judgement on offenses punishable by more than 1 year imprisonment but the right to suffrage may be reinstated 5 years after the expiration of the punishment. 2. Persons accused of crimes resulting to disloyalty to the duly constituted government or crimes against National Security 3. Insanity or incompetent persons Republic Act # 4421 Candidates will post bond if they still run and could not get 10 percent of the total votes Section 2: This section gives the illiterate and the physically handicapped the right to vote by allowing a person they trust to cast vote in their behalf.

LEGISLATIVE DEPARTMENT
Section 1: Legislative power is the authority under the Constitution to make laws as well as the power to alter and repeal them. Law commandments which are written enactments governing the relationships of people. Advantages of bicameralism: 1. A second chamber (the Senate) will serve as check and balance thereby avoiding hasty legislation 2. serves as a training ground for future leaders 3. provides representation for national and regional interests 4. less susceptible to bribery and control of big interests 5. It is the traditional form of legislation and has worked since Disadvantages of bicameralism 1. It has not worked as a fiscalizing machinery 2. It does not guarantee better legislation 3. It produced duplication of efforts 4. very expensive to maintain 5. The cost of campaigning for the senatorial level since it is in the National level is too costly. Classification of Congressional powers: 1. General legislative powers power to enact laws intended as rules of conduct of among individuals and individuals and the state. 2. Specific powers Powers which the Constitution expressly directs: a. power to choose who will become president in case there is a tie (Art VII sec 4) b. confirm appointments by the President (Art VII sec 16) c. promote social justice (Art XIII sec 1) d. declare state of war (Art VI sec 23) e. impose taxes (Art VI sec 28) f. appropriate money (Art VI Sec 29) g. to impeach ( Art XI Sec 2) h. serve as Constituent Assembly (Sec XVII Sec 1) 3. Implied powers: Essential or necessary powers for effective exercise of government. That is the power to conduct inquiry and investigation in aid of legislation.

ARTICLE VI

Principles of checks and balances: 1. Checks by the President: The president may veto (overrule) bills created by Congress (Art VI sec 27) or alter judicial decisions by its pardoning power (Art VII Sec 19) 2. Checks by Congress: Override presidential vetos (Art VI Sec 27), reject presidential appointments (Art VII Sec 16) revoke presidential declaration of martial law or suspension of the writ of habeas corpus. 3. Checks by the judiciary: They may declare any legislation or presidential orders unconstitutional (Art VIII sec 4) Section 2: The Senate is composed of 24 members whose election commenced on the second Monday of May Section 3: Qualifications for Senator 1. Natural Born citizen of the Philippines 2. At least 35 years of age on the day of the elections 3. able to read and write 4. a registered voter 5. and a resident of the Philippines for more than two years Section 4: A senator shall serve up to 2 consecutive terms (each term lasts for six years) that shall expire noon on the 30th day of June after the next election. Renunciation of office does not mean discontinuance of his term. Section 5: The House of Representatives is composed of not more than 250 members that may come from different Legislative Districts all over the country and may come from the party list groups that represent the different sectors of society. There are two types of representatives one is the District Representative that represent about a population of 250,000 citizens while the Party list representative 20 percent of the entire number of representatives that represent the labour, peasant, urban poor, cultural minorities, women, youth and the marginalized sectors of society. They will be elected every second Monday of May and shall serve for a three year term. Section 6: Qualifications for Representative 1. Natural Born citizen of the Philippines 2. At least 25 years of age on the day of the elections 3. able to read and write (except for party list representatives) 4. a registered voter in the district he is running 5. and a resident of the Philippines for at least one year

Section 7: A representative shall serve for a maximum of three consecutive terms (3 years per term) and shall begin on the 30th day of June. Renunciation of office does not mean discontinuance of his term. Section 8: The elections of the House of Representatives will be on the Second Monday of May which is the Regular Election.. Republic Act 7941 authorized the first Party list elections held on May 11, 1998 with only 12 of the 121 seats obtaining 2% of the Total number of voters. Section 9: Special Election may be called if there is a need to fill the vacancy of a certain legislative member however the winner of the said election shall only utilize the unexpired term of the person who used to hold the said position. Section 10: The Salaries of the members of both Houses are also determined by Congress any increase in their salaries will only affect the next Congress, those who voted against it will also receive an increase should they are still part of the next congress. Section 11: Partial immunity is given to every member of Congress as long as the House is not adjourned whether or not the member who was accused is in the session or not. In any case, immunity can not be evoked on the following grounds: 1. The offense is punishable by six years or more in imprisonment 2. Congress is no longer in session. Section 12: Disclosure of Financial and Business interests should be given upon assumption of office. This is also to ensure that there will be no conflict of interest when they create laws that run counter to their business. Section 13: Disqualification to hold any other office or employment may come in form of the following offices: 1. Incompatible Office Any kind of office or employment in the government or any government or controlled corporations and its subsidiaries during their term. This is to ensure that the member of the House will give his full attention to his position. 2. Forbidden Office any office created for the financial gain of the House member during his term. Section 14: Any Senator or House member may: 1. Appear as counsel in any court of Justice 2. Open any Financial contract with the government 3. Financial interest as privilege granted by the government 4. Intervention in certain matters

Section 15: Sessions of Congress: 1. Regular Session: Congress shall open once every year that opens on the Fourth Monday of July and will close 30 days before its opening the following year. It is only closed during Saturdays, Sundays and Regular Holidays. 2. Special Session: This session is called upon by the President even when Congress is in recess. 3. Executive session: secret meetings of the members of the Congress and their committees. 4. Closed session: is a secret meeting if the agenda involves national security Section 16: Officers of the Congress 1. The Senate will be headed by the Senate President while the Lower House will be under the leadership of the Speaker of the House 2. Each House will also have their own Floor Leader (Majority and Minority), Secretary, Sergeant-at-arms, Disbursing Officer and Technical Assistants. The House of Representatives will have three Deputy Speakers while the Senate will have one Speaker Pro-Tempore. Quorum: Number of membership of an assembly or collective body as is competent to transact business. A quorum is one half plus one of the Total Number of members of the body. Legislative journal: Official record of what is done and passed in a Legislative Assembly. Both houses must keep a journal. Matters entered in the journal: 1. The affirmative and negative votes in any question if requested by at least one-fifth of the body present. 2. The affirmative and negative answers of bills on its final readings 3. Other matters each House may deem necessary to be placed in the journal 4. The affirmative and negative votes of bills vetoed by the President 5. Vote of each members of the House of Representatives in impeachment cases. Section 17: The Senate and House Electoral Tribunal: The said tribunal has a total of nine members namely three from the Supreme Court with the Chief Justice as Chairman and six from the Senate and the House of Representatives. The Board will be created within 30 days after both houses have chosen their respective Senate President and House Speaker. The Body was created to decide electoral issues including candidates qualification.

Section 18: The Commission on Appointments: The Commission on Appointments is composed of 25 members with the Senate President as ex-officio chairman (this means that anyone chosen as Senate President is automatically appointed as Commission on Appointment Chairman) twelve senators and twelve members of the House of Representatives comprised the remaining 24. Like the Electoral Tribunal they are to be created 30 days upon appointment of each Houses leaders. However, they can only convene during regular sessions. The Commission on Appointments will approve or disapprove presidential appointments and will be given only thirty session days to come up with a decision. Section 19: Both commissions are to be formed 30 days after the appointment of both House Leaders. The CA shall only meet during session days or at the call of its Chairman. Section 20: Congress is encouraged by the Constitution to open its books for public scrutiny to be audited by the Commission on Audit and is annually published. However, this right is not absolute for Congress may by law, include conditions that may exempt the right to inspect congressional records and books of accounts. Section 21: Power of Legislative inquiry and investigation The right to conduct inquiries in aid of legislation was granted for the purpose of sound legislation, this is to ensure that proper information shall be acquired for the creation if laws. Lack of knowledge shall create ineffective laws. In this case the Board of Inquiry has the right to punish those who refuse to cooperate or give false information. Likewise the said inquiry could help the public properly understand the case at hand. Section 22: Appearance of Department Heads to appear on Boards of Inquiry The appearance of Department Heads to appear before inquiries should have the permission of the President since it runs counter to the independence of the Executive from the Legislative Departments. They are not likewise accused of contempt (lawful disobedience, disrespect or obstruction of a legislative body or any court from dispensing its function), It is implied though that only Department Heads are the only ones that needed Presidential approval. These heads though may come at their own accord in order for the people to properly assess their performance.

Written questions are to be given three days before the inquiry and must be submitted to their respective Legislative Leaders. During interpolation, the questions must not only center on the written questions alone. The inquiries must be in public view but it can be in Executive Sessions when national security is at stake or at the request of the President. Section 23: Power to declare the existence of war The Congress is empowered to declare the existence of war with the two thirds vote of both houses voting separately because a declaration of war affects all components of the entire nation. It must be kept in mind that the President can declare war without Congressional approval especially during state of emergencies. During Emergency situation, Congress may empower the President to be the sole legislator on the following conditions: 1. When there is a state of emergency because only Congress can determine war (Art XII sec 17) 2. The said power is only for a limited time which is only for the duration of war and other national emergencies. 3. It must be exercised subject to restrictions, that is, the President will report to Congress regarding the progress of emergency rule. 4. It must be exercised to carry out a national policy 5. It shall automatically cease upon the adjournment of the next Congress unless it was officially withdrawn that the situation is already controlled. Section 24: Appropriation Bills and other bills Appropriation Bills Bills whose specific aim is to make monetary appropriations from the national treasury. Appropriations may come in the following forms: 1. Annual or General Appropriations To set aside funds for the annual expenses for the operations of the government. This is simply known as the National Budget. 2. Special or Supplemental Appropriations All appropriations not included in the National Budget 3. Specific Appropriations One that sets aside a sum of money for the payment of a particular expense 4. Continuing Appropriations One which provides a definite sum that is annually available. Examples of these are government salaries. Related Article: The Constitution fixed the salaries of officials of different Constitutional Commissions (Art XVIII sec 17)

Other Bills 1. Revenue Bill The primary purpose is to increase revenue 2. Tariff Bill - Bill that imposed custom duties for revenue purpose. It is not a revenue bill because the primary purpose is to protect local industries with revenue acquisition as secondary purpose 3. Bills authorizing increase of public debt one which creates public indebtedness such as the issuance of bonds and other forms of obligations. 4. Bills of local application One that affects local or municipal concerns. Examples are creating of a city or municipality or changing street names. 5. Private Bill One affecting private interests such as granting franchise to a person or a private company or payment of damages to an individual. Section 25: Budget Budget Financial program of the Government for a designated calendar year. The Calendar or Fiscal year began on January 31 and ended on December 31 of that same year. The Budget is prepared by the President and is submitted to Congress for approval (Art VII sec. 22) Related Law: Executive Order # 292 gives the authority to the National government in preparing the national budget and is prepared by the Department of Budget and Management. The Judicial Departments budget shall not be lowered by Congress as compared to its previous years appropriations. (Art VIII Sec 3) Riders: Provision or enactment in the general appropriations bill which does not relate to particular appropriations therein. Requirements for Special Appropriations Bills 1. It should specify the purpose intended 2. It must have funds available as certified by the National Treasurer Transfer of Funds from one department to another is a measure to be undertaken by the following officials: The President, Senate President, House Speaker, Chief Justice of the Supreme Court and heads of Constitutional Commissions. Discretionary Funds Appropriations for certain operations of the government at the discretion of public officials. These funds are not to be disclosed to the public for reasons of National Security. These funds must meet the following conditions: 1. The disbursement must be for a public purpose 2. It must be supported by vouchers 3. It must be subject to guidelines as prescribed by law

Section 26: Limitations of the powers of Congress 1. Substantive: They refer to the subject matter of legislation a. Implied legislations They do not arise from any specific provision of the Constitution but affect the nature of government b. Specific limitations on general legislative powers Restricts the field of legislation that is found in the Bill of Rights c. Specific limitations on specific powers they are scattered in different parts of the Constitution. 2. Formal Procedural requirements to be complied with by Congress in the passage of bills Bill is a proposed law that shall only embrace one subject that is expressed on the title. Hodge-podge or log rolling legislation which is any measure containing subjects on unrelated matters. Steps in passing a bill: 1. First Reading: Any member of the Lower House may sponsor a bill to the Office of the Secretary to be given an assigned schedule as to when the body can discuss the said law as well as a number to be assigned. During the First reading the Author can include legislators who may co-sponsor the bill. 2. Referral to the appropriate Committee: The proposed bill is sent to the assigned Committee that will study it and will decide as to whether the law is possible or not. The Committee may also give recommendations for the Second reading. If the bill was rejected, it is the end it. 3. Second Reading: The approved bill is sent to the Committee of Rules that will calendar the schedule of the Second Reading. The Bill in its entirety with its additions are read again and is to be decided by the majority vote of the House 4. Debates: A general debate then ensued and any member of the House may give additions to it in accordance with the rules of the House. A vote of pass or kill are to be counted and after deliberation passed, it will have a schedule for the Third reading 5. Printing and Distribution: The approved bill will be reprinted in its Final copy and to be distributed to each member three days prior to its Third Reading. 6. Third Reading: The Title of the Bill is only read to the Body and a vote or yeas and nays are given and no more amendments are allowed. A majority vote is a must and should constitute a quorum.

Referral to the other House: The bill is then passed to the other House which again passed to the same procedure. If there are no amendments given then the Final version is to be submitted. 8. Submission to the joint bicameral committee: Both Houses will be sending the committee members concerned and will iron out changes to the proposed law. 9. Submission to the President: The Bill will then be sent to the President for his action. The President will approve or disapprove the law, if the President vetoes the law. If the President did not respond within 30 days upon receipt of the bill it automatically becomes a law. However, vetoed laws by the President once repassed by Congress automatically becomes a law with or without Presidential approval Section 27: Bill a draft or law submitted to the consideration of a legislative body for its adoption. Statute written will of the legislature as an organized body. It is passed by Congress for the purpose of formal reference. Republic Act 386 The use of serial number for a particular statute Formal parts of the law: 1. Title: Announces the subject matter of the Act 2. Preamble: Follows the title and precedes the enacting clause. It is an introduction to the law. 3. Enacting Clause: It serves as a formal means of identifying the Legislative Body that enacts the law. 4. Body: The portion containing the proposed law or statute itself 5. Effectivity clause: The portion providing the time when the law shall take effect When can a bill become a law: 1. When the President approves the bill by signing it 2. When the vetoed law got two-thirds vote from all members of both Houses 3. If the President within 30 days did not return the bill to the Legislature Veto Literally means I forbid, the power of the President to overrule any law that comes from Congress. Pocket veto (disapproval of a bill by inaction on the part of the President) Resolution Formal expression of opinion, will or intent by an official body of an assembled group. 7.

Section 28: Uniformity in Taxation All taxable articles or properties of the same class shall be taxed at the same rate. However, by equality it means equality in burden not in amount Equity in Taxation Tax apportionment be more or less just in the light of the taxpayers ability to shoulder the tax burden. Section 29: The power of appropriation is for the maintenance of the government and other public needs that is vital in government function which is vested in Congress. Appropriation is valid when 1. Payment is given as just compensation 2. Religious use is incidental 3. The Use is for Public purpose 4. Payment is based on contract 5. Consideration received Section 30: Law increasing appellate jurisdiction of the Supreme Court Congress cannot lessen the jurisdiction of the Supreme Court but can increase its jurisdiction. Section 31: Prohibition granting title of royalty or nobility Section 32: Congress may provide a system for referendum or initiative end