ARTICLE I THE NATIONAL TERRITORY

The national territory of the Philippines comprises:

1. The Philippine archipelago
2. With all the islands and waters embraced therein
3. And all other territories over which the Philippines has sovereignty or jurisdiction
4. Consisting of its
1. Terrestrial
2. Fluvial; and CODE: TFA
3. Aerial domains
5. Including its
1. Territorial sea
2. The seabed
3. The subsoil CODE: TSSIO
4. The insular shelves; and
5. The other submarine areas
6. The waters
1. Around
2. Between and
3. Connecting
4. The islands of the archipelago CODE: ABCI
Regardless of their breadth and dimensions
Form part of the INTERNAL WATERS of the Philippines
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.
Archipelagic principle
Two elements:
1. The definition of internal waters (as provided above);
2. 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.
Important distances with respect to the waters around the
Philippines
1. Territorial sea - 12 nautical miles (n.m.)
2. Contiguous zone - 12 n.m. from the edge of the territorial sea
3. Exclusive economic zone - 200 n.m. from the baseline [includes (1) and (2)]
ARTICLE II DECLARATION OF PRINCIPLES AND STATE POLICIES
Selected principles
Sec 1. The Philippines is a democratic and republican State. Sovereignty resides in the
people and all government authority emanates from them.
Elements of a State (for municipal law purposes) CODE: PTSG
1. A community of persons, more or less numerous (PEOPLE)
2. Permanently occupying a definite portion of territory (TERRITORY)
3. Independent of external control (SOVEREIGNTY)
4. Possessing an organized government to which the great body of inhabitants render
habitual obedience (GOVERNMENT)
Definition of People CODE: CNCH
1. A Community of persons;
2. Sufficient in Number;
3. Capable of maintaining the continued existence of the community; and
4. Held together by a common bond of law.
Definition of Sovereignty
1. LEGAL sovereignty
1. The supreme power to make law.
2. It is lodged in the people.

1. POLITICAL sovereignty
1. The sum total of all the influences in a state,
2. Legal and non-legal,
3. Which determine the course of law.
1. According to the Principle of AUTO-LIMITATION:
Sovereignty is the property of the state-force due to which it has the exclusive capacity of
legal self-determination and self-restriction.
Definition of Government
1. That institution or aggregate of institutions
2. by which an independent society
3. makes and carries out those rules of action
4. which are necessary to enable men to live in a social state
5. or which are imposed upon the people forming that society by those who possess the
power or authority of prescribing them.
Classification of governments
1. De jure one established by the authority of the legitimate sovereign
2. De facto one established in defiance of the legitimate sovereign

Classification of de facto governments
1. De facto proper
1. That government that gets possession and control of
2. or usurps by force or by the voice of majority
3. the rightful legal government
4. and maintains itself against the will of the latter.
1. Government of paramount force
1. That which is established and maintained by military forces
2. who invade and occupy a territory of the enemy
3. in the course of war.
1. That established as an independent government by the inhabitants of a country who rise
in insurrectionagainst the parent state.
Definition of Republican State
It is one wherein all government authority emanates from the people and is exercised by
representatives chosen by the people.
Definition of Democratic State
This merely emphasizes that the Philippines has some aspects of direct democracy such as
initiative and referendum.
Sec. 2. The Philippines renounces war as an instrument of national policy, adopts the
generally accepted principles of international law as part of the law of the land and adheres to
the policy of peace, equality, justice, freedom, cooperation, and amity with all nations.

Kind of war renounced by the Philippines
The Philippines only renounces AGGRESSIVE war as an instrument of national policy. It
does not renounce defensive war.
Some generally accepted principles of international law recognized by the Court:
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)
2. The right of a country to establish military commissions to try war criminals (Kuroda v.
J alondoni, 83 Phil. 171)
3. The Vienna Convention on Road Signs and Signals (Agustin v. Edu, 88 SCRA 195)
Amity with all nations
This does not mean automatic diplomatic recognition of all nations. Diplomatic recognition
remains a matter of executive discretion.
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/supremacy clause (1
st
sentence)
1. Civilian authority simply means the supremacy of the law because authority, under our
constitutional system, can only come from law.
2. Under this clause, the soldier renounces political ambition.

Mark of sovereignty (2
nd
and 3
rd
sentences)
1. 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.
2. Negatively, it is an expression of disapproval of military abuses.

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. 6. The separation of Church and State shall be inviolable.
Selected state policies
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
1. The policy PROHIBITS:
1. The possession, control and manufacture of nuclear weapons
2. Nuclear arms tests.
1. The policy does NOT prohibit the peaceful uses of nuclear energy.
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.

Principle that the family is not a creature of the state.
Protection for the unborn
1. It is not an assertion that the unborn is a legal person.
2. 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.
3. 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.
1. 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)
2. 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.
ARTICLE III BILL OF RIGHTS
Section 1. No person shall be deprived of life, liberty or property without due process of law,
nor shall any person be denied the equal protection of the laws.

Definition of Police Power:
1) Power vested in the legislature
2) By the Constitution
3) To make, ordain, and establish
4) All manner of wholesome and reasonable laws, statutes, and ordinances
5) Either with penalties or without
6) Not repugnant to the constitution
7) As they shall judge to be for the good and welfare of the commonwealth and of the
subjects of the same.
Aspects of Due Process:
1. Procedural due process refers to the mode of procedure which government agencies
must follow in the enforcement and application of laws.
2. Substantive due process prohibition against arbitrary laws.
Note: PROCEDURAL DUE PROCESS:
1. A law which hears before it condemns.
2. Due process of law contemplates notice and opportunity to be heard before judgment is
rendered affecting ones person or property (Lopez v. Dir. of Lands)
3. Due process depends on circumstances; it varies with the subject matter and the
necessities of the situation.
Requisites of PROCEDURAL due process:
For JUDICIAL proceedings: CODE: C J N O H
1. A court or tribunal clothed with judicial power to hear and determine the matter before it.
2. Jurisdiction must be lawfully acquired over the person of the defendant or over the
property which is the subject of the proceedings.
3. The defendant must be given notice and an opportunity to be heard.
4. Judgment must be rendered upon a lawful hearing.
For ADMINISTRATIVE proceedings: CODE: H E D S H I P
1. The right to a hearing, which includes the right to present ones 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 theparties 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.
For SCHOOL DISCIPLINARY proceedings: CODE: W A In A D P
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:
3. Serious breach of discipline; or
4. Failure to maintain the required academic standard.
5. Proceedings in student disciplinary cases may be summary; cross-examination is not
essential
Instances when hearings are NOT necessary:
1. When administrative agencies are exercising their quasi-legislative functions.
2. Abatement of nuisance per se.
3. Granting by courts of provisional remedies.
4. Cases of preventive suspension.
5. Removal of temporary employees in the government service.
6. Issuance of warrants of distraint and/or levy by the BIR Commissioner.
7. Cancellation of the passport of a person charged with a crime.
8. Issuance of sequestration orders (considered a provisional remedy).
9. Judicial order which prevents an accused from travelling abroad in order to maintain the
effectivity of the courts jurisdiction.
10. Suspension of a banks operations by the Monetary Board upon a prima facie finding of
liquidity problems in such bank.
Note:
1. The right to counsel is a very basic requirement of substantive due process and has to be
observed even in administrative and quasi-judicial bodies.
2. The right to appeal is a statutory privilege that may be exercised only in the manner in
accordance with law.
Requisites of SUBSTANTIVE due process: CODE: I M
1. The INTERESTS of the public generally, as distinguished from those of a particular class,
requires the interference by the government and
2. The MEANS employed are necessary for the accomplishment of the purpose and not unduly
oppressive upon individuals.
Requirements of a valid ordinance:
1. Must not contravene the Constitution or any statute
2. Must not be unfair or oppressive
3. Must not be partial or discriminatory
4. Must not prohibit, but may regulate trade
5. Must be general and consistent with public policy
6. Must not be unreasonable
When is a law VAGUE?
1. When it lacks COMPREHENSIBLE STANDARDS
2. That men of ordinary intelligence must necessarily GUESS as to its meaning
3. And differ as to its application
Equal Protection of the law
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
The classification must: CODE: SGEE
1. Rest on SUBSTANTIAL DISTINCTIONS
2. Be GERMANE to the purposes of the law
3. Not limited to existing conditions only
4. APPLY EQUALLY to all members of the SAME CLASS.
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 unless authorized by a validly issued
search warrant or warrant of arrest
Requisites for a valid warrant: CODE: P J E D
1. It must be issued upon PROBABLE CAUSE.
2. The existence of probable cause is determined personally by the JUDGE.
3. The judge must EXAMINE UNDER OATH the complainant and the witnesses he may
produce.
4. The warrant must PARTICULARLY DESCRIBE the place to be searched and person or
things to be seized.
Definition of PROBABLE CAUSE
For the issuance of a 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.
For the issuance of a search warrant:
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.
Existence of probable cause DETERMINED PERSONALLY BY THE JUDGE
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 prosecutors 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 fiscals
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.
Examination UNDER OATH OR AFFIRMATION OF THE COMPLAINANT AND WITNESSES
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).
PARTICULARITY OF DESCRIPTION (SEARCH WARRANT)
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).
JOHN DOE WARRANT
A John Doe warrant can satisfy the requirement of particularity of description if it contains
adescriptio 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.
VALID WARRANTLESS SEARCH
1. Search made as an incident to lawful arrest
1. An officer making an arrest may take from the person arrested:
1. Any money or property found upon his person which was used in the commission of
the offense or
2. Was the fruit thereof or
3. Which might furnish the prisoner with the means of committing violence or escaping
or
4. Which may be used in evidence in the trial of the case
1. 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
1. Search of moving vehicles
1. This exception is based on exigency. Thus, if there is time to obtain a warrant in order to
search the vehicle, a warrant must first be obtained.
2. The search of a moving vehicle must be based on probable cause.
1. Seizure of goods concealed to avoid customs duties/authorized under the
Tariffs and Customs Code
1. 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.
2. Exception: A search warrant is required for the search of a dwelling house.
3. Searches under this exception include searches at borders and ports of entry. Searches in
these areas do not require the existence of probable cause.
1. Seizure of evidence in plain view
1. To be a valid warrantless search, the articles must be open to the eye and hand.
2. The peace officer comes upon them inadvertently.
1. Waiver of right
1. Requisites of a valid waiver:
1. The right exists.
2. The person had actual or constructive knowledge of the existence of such right.
3. There is an actual intention to relinquish such right.
1. The right against unreasonable searches and seizures is a personal right. Thus, only the
person being searched can waive the same.
2. Waiver requires a positive act from the person. Mere absence of opposition is not a waiver.
3. The search made pursuant to the waiver must be made within the scope of the waiver.
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.
VALID WARRANTLESS ARRESTS
1. When the person to be arrested has committed, is actually committing, or is about to
commit an offense in the presence of the arresting officer.
1. 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.
1. 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.
1. Waiver of an invalid arrest:
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.
1. 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.
1. Stop and frisk
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 officers presence.
Section 3. (1) The privacy of communication and correspondence shall be inviolable except
upon lawful order of the court, or when public safety or order requires otherwise as
prescribed by law.
(2) Any evidence obtained in violation of this or the preceding section shall be inadmissible
for any purpose in any proceedings.

R.A. 4200 (Anti-Wiretapping Act)
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)
1. The use of a telephone extension to overhear a private conversation is not a violation of
R.A. 4200 because it is not similar to any of the prohibited devices under the law. Also, a
telephone extension is not purposely installed for the purpose of secretly intercepting or
recording private communication. (Gaanan v. IAC, 145 SCRA 112)
Types of communication protected:
Letters, messages, telephone calls, telegrams and the like.
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)
Section 4. No law shall be passed abridging the freedom of speech, of expression, or of the
press, or of the right of the people peaceably to assemble and petition the government for
redress of grievances.

What are considered protected speech:
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.
Prohibitions under Section 4
1. Prohibition against PRIOR RESTRAINT
1. Prohibition against SUBSEQUENT PUNISHMENT
Prohibition against prior restraint
1. Prior restraint means official governmental restrictions on the press or other forms of
expression in advance of actual publication or dissemination.
2. Examples/forms of prior restraint
1. movie censorship
2. judicial prior restraint = injunction against publication
3. license taxes based on gross receipts for the privilege of engaging in the business of
advertising in any newspaper
4. flat license fees for the privilege of selling religious books
When prohibition does not apply
1. During a war. Ex. Government can prevent publication about the number/locations of its
troops (Near v. Minnesota, 238 US 697)
2. Obscene publications.
Standards for allowable subsequent punishment
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.
3. Balancing of Interests Test The courts should BALANCE the PUBLIC
INTEREST served by legislation on one hand and the FREEDOM OF SPEECH (or any other
constitutional right) on the other. The courts will then decide where the greater weight
should be placed.
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
1. A communication which no more than proposes a commercial transaction.
1. To enjoy protection:
1. It must not be false or misleading; and
2. It should not propose an illegal transaction.
1. Even truthful and lawful commercial speech may be regulated if:
1. Government has a substantial interest to protect;
2. The regulation directly advances that interest; and
3. It is not more extensive than is necessary to protect that interest. (Central Hudson
Gas and Electric Corp. v. Public Service Commission of NY, 447 US 557)
Unprotected Speech
1. 1. LIBEL
1. 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 ones opinion on decisions and actions.
1. OPINIONS. With respect to public personalities (politicians, actors, anyone with a
connection to a newsworthy event), opinions can be aired regarding their public
actuations. Comment on their private lives, if not germane to their public personae, are not
protected.
1. 2. OBSCENITY
1. Test for obscenity (Miller v. California)
1. Whether the average person, applying contemporary community standards would find that
the work, taken as a whole, appeals to the prurient interest.
2. Whether the work depicts or describes, in a patently offensive way, sexual conduct,
specifically defined by law.
3. Whether the work, taken as a whole, lacks serious literary, artistic, political or scientific
value.
2. Procedure for seizure of allegedly obscene publications
1. Authorities must apply for issuance of search warrant.
2. Court must be convinced that the materials are obscene. Apply clear and present danger
test.
3. Judge will determine whether they are in fact obscene.
4. Judge will issue a search warrant.
5. Proper action should be filed under Art. 201 of the RPC.
6. Conviction is subject to appeal.
Right of Assembly and Petition
1. The standards for allowable impairment of speech and press also apply to the right of
assembly and petition.
1. Rules on assembly in public places:
1. Applicant should inform the licensing authority of the date, the public place where and the
time when the assembly will take place.
1. 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.
1. 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.
1. 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.
1. Rules on assembly in private properties:
Only the consent of the owner of the property or person entitled to possession thereof is
required.
Section 5. No law shall be made respecting an establishment of religion, or prohibiting the
free exercise thereof. The free exercise and enjoyment of religious profession and worship,
without discrimination or preference, shall forever be allowed. No religious test shall be
required for the exercise of civil or political rights.

Clauses under Section 5
1. Non-establishment clause
2. Free exercise of Religion
Distinction between the clauses (School District v. Schempp, 374 US 203)
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.
1. 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.
Requisites for government aid to be allowable:
1. It must have a secular legislative purpose;
2. It must have a primary effect that neither advances nor inhibits religion;
3. It must not require excessive entanglement with recipient institutions.
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.

Rights guaranteed under Section 6:
1. Freedom to choose and change ones place of abode.
2. Freedom to travel within the country and outside.

Curtailment of rights:
RIGHT MANNER OF CURTAILMENT
1. Liberty of abode Lawful order of the court and within the limits prescribed
by law.
2. Right to travel May be curtailed even by administrative officers (ex.
passport officers) in the interest of national security, public safety, or public health, as may
be provided by law.
Note: The right to travel and the liberty of abode are distinct from the right to return to ones
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 ones
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.

Rights guaranteed under Section 7
1. Right to information on matters of public concern
2. Right of access to official records and documents
Persons entitled to the above rights
Only Filipino citizens.
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.
Recognized restrictions on the right of the people to information:
1. National security matters
2. Intelligence information
3. Trade secrets
4. Banking transactions
5. Diplomatic correspondence
6. Executive sessions
7. Closed door cabinet meetings
8. Supreme Court deliberations
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.
The right also covers the right not to join an association.
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.
Who can exercise the power of eminent domain:
1) The national government
1. Congress
2. Executive, pursuant to legislation enacted by Congress
2) Local government units, pursuant to an ordinance enacted by their
respective legislative bodies (under LGC)
3) Public utilities, as may be delegated by law.
When is the exercise of the power of eminent domain necessary?
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.
Elements of the power of eminent domain
1) There is a TAKING of private property
2) Taking is for PUBLIC USE
3) Payment of JUST COMPENSATION
TAKING

A. Elements: CODE: E P A P O
1. The expropriator enters the property
2. The entrance must not be for a momentary period, i.e., it must be permanent
3. Entry is made under warrant or color of legal authority
4. Property is devoted to public use
5. Utilization of the property must be in such a way as to oust the owner and deprive him of
the beneficial enjoyment of his property.
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
1. Public use, for purposes of expropriation, is synonymous with public welfare as the latter
term is used in the concept of police power.
1. Examples of public use include land reform and socialized housing.

JUST COMPENSATION
1. Compensation is just if the owner receives a sum equivalent to the market value of his
property. Market value is generally defined as the fair value of the property as between one
who desires to purchase and one who desires to sell.
2. The point of reference use in determining fair value is the value at the time the property was
taken. Thus, future potential use of the land is not considered in computing just
compensation.
Judicial review of the exercise of the power of eminent domain
1. To determine the adequacy of the compensation
2. To determine the necessity of the taking
3. To determine the public use character of the taking. However, if the expropriation is
pursuant to a specific law passed by Congress, the courts cannot question the public use
character of the taking.
When municipal property is taken by the State:
Compensation is required if the property is a patrimonial property, that is, property acquired
by the municipality with its private funds in its corporate or private capacity. However, if it is
any other property such a public buildings or legua comunal held by the municipality for the
State in trust for the inhabitants, the State is free to dispose of it at will.
Point of reference for valuating a piece of property:
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.
Section 10. No law impairing the obligation of contracts shall be passed.
When does a law impair the obligation of contracts:
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.
Rights of person under investigation for the Commission of an offense CODE: SCISI
1) Right to remain silent
2) Right to have competent and independent counsel, preferably of his own choice
3) Right to provided with the services of counsel if he cannot afford the services of one.
4) Right to be informed of these rights.
When rights are available:
1) AFTER a person has been taken into custody or
2) When a person is otherwise deprived of his freedom of action in any significant way.
3) When the investigation is being conducted by the government (police, DOJ, NBI) with
respect to a criminal offense.
4) Signing of arrest reports and booking sheets.
When rights are not available:
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) Any confession or admission obtained in violation of this section shall be inadmissible
in evidence against him (the accused).
2) Therefore, any evidence obtained by virtue of an illegally obtained confession is also
inadmissible, being the fruit of a poisoned tree.
Requisites of valid waiver:
1) Waiver should be made in WRITING
2) Waiver should be made in the PRESENCE OF COUNSEL.
Section 13. Right to bail
Who are entitled to bail:
1) All persons ACTUALLY DETAINED
2) shall, BEFORE CONVICTION
3) Be entitled to bail.
Who are not entitled to bail:
1) Persons charged with offenses PUNISHABLE by RECLUSION PERPETUA or DEATH,
when evidence of guilt is strong
2) Persons CONVICTED by the trial court. Bail is only discretionary pending appeal.
3) Persons who are members of the AFP facing a court martial.
Other rights in relation to bail.
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.
Factors considered in setting the amount of bail:
1) Ability to post bail
2) Nature of the offense
3) Penalty imposed by law
4) Character and reputation of the accused
5) Health of the accused
6) Strength of the evidence
7) Probability of appearing at the trial
8) Forfeiture of previous bail bonds
9) Whether accused was a fugitive from justice when arrested
10) If accused is under bond in other cases
Implicit limitations on the right to bail:
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.
Section 14. Rights of an accused
Rights of a person charged with a criminal offense
1. Right to due process of law
2. Right to be presumed innocent
3. Right to be heard by himself and counsel
4. Right to be informed of the nature and cause of the accusation against him
5. Right to have a speedy, impartial and public trial
6. Right to meet the witnesses face to face
7. Right to have compulsory process to secure the attendance of witnesses and the
production of evidence in his behalf

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.
Presumption of guilt should not be conclusive.

RIGHT TO BE HEARD BY HIMSELF AND COUNSEL
The right to be heard includes the following rights:
1. Right to be present at the trial
1. The right to be present covers the period from ARRAIGNMENT to PROMULGATION of
sentence.
1. After arraignment, trial may proceed notwithstanding absence of accused, provided 2
requisites are met. Note, that trial in absentia is allowed only if the accused has been validly
arraigned.
(i) Accused has been duly notified; and
(ii) His failure to appear is unjustifiable.
1. 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.
1. While the accused is entitled to be present during promulgation of judgement, the absence
of his counsel during such promulgation does not affect its validity.
2. Right to counsel
(a) Right to counsel means the right to EFFECTIVE REPRESENTATION.
(b) If the accused appears at arraignment without counsel, the judge must:
(i) Inform the accused that he has a right to a counsel before arraignment
(ii) Ask the accused if he desires the aid of counsel
(iii) If the accused desires counsel, but cannot afford one, a counsel de oficio must be
appointed
(iv) If the accused desires to obtain his own counsel, the court must give him a reasonable
time to get one.
3. Right to an impartial judge
4. Right of confrontation and cross-examination
5. Right to compulsory process to secure the attendance of witnesses
RIGHT TO BE INFORMED OF THE NATURE AND CAUSE OF ACCUSATION AGAINST HIM
Purposes of the right:
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
RIGHT TO SPEEDY, IMPARTIAL AND PUBLIC TRIAL
Factors used in determining whether the right to a speedy trial has been violated.
1) Time expired from the filing of the information
2) Length of delay involved
3) Reasons for the delay
4) Assertion or non-assertion of the right by the accused
5) Prejudice caused to the defendant.
Effect of dismissal based on the ground of violation of the accuseds 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
He can move for the dismissal of the case.
If he is detained, he can file a petition for the issuance of writ of habeas corpus.
Definition of impartial trial
The accused is entitled to the cold neutrality of an impartial judge.
It is an element of due process.
Definition of public trial
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.

RIGHT TO MEET WITNESS FACE TO FACE
Purposes of the right:
1. To afford the accused an opportunity to cross-examine the witness
2. To allow the judge the opportunity to observe the deportment of the witness
Failure of the accused to cross-examine a witness
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.
When the right to cross-examine is demandable
It is demandable only during trials. Thus, it cannot be availed of during preliminary
investigations.
Principal exceptions to the right of confrontation
1. The admissibility of dying declarations
2. Trial in absentia under Section 14(2)
3. With respect to child testimony
Section 16. All persons shall have the right to a speedy disposition of their cases before all
judicial, quasi-judicial, or administrative bodies.
Distinction between Section 14 and Section 16
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.
When is a question incriminating:
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.
Distinction between an accused and an ordinary 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. What is PROHIBITED is the use of physical or moral compulsion to extort communication
from the witness or to otherwise elicit evidence which would not exist were it not for the
actions compelled from the witness.
2. The right does NOT PROHIBIT the examination of the body of the accused or the use
of findings with respect to his body as physical evidence. Hence, the fingerprinting of an
accused would not violate the right against self-incrimination. However, obtaining a sample
of the handwriting of the accused would violate this right if he is charged for falsification.
3. The accused cannot be compelled to produce a private document in his possession which
might tend to incriminate him. However, a third person in custody of the document may be
compelled to produce it.
When the right can be invoked:
1. In criminal cases
2. In administrative proceedings if the accused is liable to a penalty (Ex. Forfeiture of
property)
Who can invoke the right:
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.
Section 18. Right against involuntary servitude

Definition of involuntary servitude
It is every condition of enforced or compulsory service of one to another no matter under
what form such servitude may be disguised.
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
Section 19. Prohibition against cruel, degrading and inhuman punishment
When is a penalty cruel, degrading and inhuman?
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:
1. The punishment must not be so severe as to be degrading to the dignity of human beings.
2. It must not be applied arbitrarily.
3. It must not be unacceptable to contemporary society
4. It must not be excessive, i.e. it must serve a penal purpose more effectively than a less
severe punishment would.
Excessive fine
A fine is excessive, when under any circumstance, it is disproportionate to the offense.
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.
Definition of debt under Section 20
1) Debt refers to a CONTRACTUAL obligation, whether express or implied, resulting in any
liability to pay money. Thus, all other types of obligations are not within the scope of this
prohibition.
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.
3) A FRAUDULENT debt may result in the imprisonment of the debtor if:
1. The fraudulent debt constitutes a crime such as estafa and
2. The accused has been duly convicted.
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.
Requisites for a valid defense of double jeopardy: CODE: ATS
1) First jeopardy must have attached prior to the second.
2) The first jeopardy must have terminated.
3) The second jeopardy must be for the same offense as that in the first.
When does jeopardy ATTACH: (1
st
requisite) CODE: CICAV
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.
When does jeopardy NOT attach:
1) If information does not charge any offense
2) If, upon pleading guilty, the accused presents evidence of complete self-defense, and
the court thereafter acquits him without entering a new plea of not guilty for accused.
3) If the information for an offense cognizable by the RTC is filed with the MTC.
4) If a complaint filed for preliminary investigation is dismissed.
When does first jeopardy TERMINATE: (2
ND
REQUISITE)
1) Acquittal
2) Conviction
3) Dismissal W/O the EXPRESS consent of the accused
4) Dismissal on the merits.
Examples of termination of jeopardy:
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.
When can the PROSECUTION appeal from an order of dismissal:
1) If dismissal is on motion of the accused. Exception: If motion is based on violation of
the right to a speedy trial or on a demurrer to evidence.
2) If dismissal does NOT amount to an acquittal or dismissal on the merits
3) If the question to be passed upon is purely legal.
4) If the dismissal violates the right of due process of the prosecution.
5) If the dismissal was made with grave abuse of discretion.
What are considered to be the SAME OFFENSE: (under the 1
st
sentence of Section 21)
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.
Definition of double jeopardy (2
nd
sentence of Sec. 21)
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:
1. The graver offense developed due to a supervening fact arising from the same act or
omission constituting the former charge.
2. The facts constituting the graver offense became known or were discovered only after the
filing of the former information.
3. 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 prosecutions 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.
Section 22. No ex post facto law or bill of attainder shall be enacted.
Definition of ex-post facto law.
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.
Definition of BILL OF ATTAINDER
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.
3) Elements of the bill of attainder
1. There must be a LAW.
2. The law imposes a PENAL burden on a NAMED INVIDIDUAL/EASILY ASCERTAINABLE
MEMBERS of a GROUP.
3. The penal burden is imposed DIRECTLY by the LAW W/O JUDICIAL trial.
ARTICLE IV CITIZENSHIP

Who are citizens of the Philippines?
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.
Modes of acquiring citizenship:
1) Jus Soli acquisition of citizenship on the basis of place of birth
2) Jus Sanguinis acquisition of citizenship on the basis of blood relationship
3) Naturalization the legal act of adopting an alien and clothing him with the privilege of a
native-born citizen.
Note: The Philippines follows (2) and (3)
Election of citizenship under the 1987 Constitution:
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.
When must the election be made:
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.
Marriage of Filipino with an alien:
1) General Rule: The Filipino RETAINS Philippine citizenship
2) Exception: If, by their act or omission they are deemed, under the law, to have
renounced it.
Examples of renunciation of Philippine citizenship:
1) Voluntarily obtaining foreign passport
2) Pledging allegiance to another country (ex. by becoming a naturalized citizen of another
country)
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.
How may one lose citizenship:
1. By naturalization in a foreign country
2. By express renunciation of citizenship
3. By subscribing oath or allegiance to a foreign Constitution
4. By serving in the armed forces of an enemy country
5. By being a deserter of the armed forces of ones country
How may one reacquire citizenship:
1. By direct act of Congress
2. By naturalization
3. By repatriation

ARTICLE V SUFFRAGE

Qualifications: CODE: CD18RR
1) Citizen of the Philippines
2) Not Disqualified by law
3) At least 18 years old
4) Resident of the Philippines for at least 1 year
5) Resident of the place wherein he/she proposes to vote for at least 6 months immediately
preceding the election.
Note: NO literacy, property or other substantive requirement can be imposed on the exercise
of suffrage.

Residency requirement
Residency, under Article V has 2 senses:
1. DOMICILE This is in reference to the 1 year residency requirement in the Philippines.
2. TEMPORARY RESIDENCE This is in reference to the 6 month residency requirement in
the place where one wants to vote. In this case, residence can either mean domicile or
temporary residence.

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 2
nd
disqualification, the right to vote is automatically re-acquired upon the
expiration of 5 years after the service of sentence.
ARTICLE VI THE LEGISLATIVE DEPARTMENT
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.

Definition of Legislative Power:
The authority to make laws and to alter or repeal them.
Classification of legislative power: (O De CO)
1. Original Possessed by the people in their sovereign capacity
2. Delegated Possessed by Congress and other legislative bodies by virtue of the
Constitution
3. Constituent The power to amend or revise the Constitution
4. Ordinary The power to pass ordinary laws
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.

Limits on the legislative power of Congress:
1. Substantive limitations on the content of laws. E.g. no law shall be passed establishing a
state religion.
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.

Corollaries of legislative power:
1. Congress cannot pass irrepealable laws. Since Congress powers are plenary, and limited
only by the Constitution, any attempt to limit the powers of future Congresses via an
irrepealable law is not allowed.
1. 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.
EXCEPTIONS:
1. Delegation of legislative power to local government units;
2. Instances when the Constitution itself allows for such delegation [see Art. VI Sec. 23(2)]
What may Congress delegate:
Congress can only delegate, usually to administrative agencies, RULE-MAKING POWER or
LAW EXECUTION. This involves either of two tasks for the administrative agencies:
1. Filling up the details on an otherwise complete statute; or
2. Ascertaining the facts necessary to bring a contingent law or provision into actual
operation.
Sections 2-4. SENATE
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;
2. At least 35 years old on the day of election;
3. Able to read and write;
4. A registered voter; and
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.
Sections 5-7. HOUSE OF REPRESENTATIVES
Composition:
1. Not more than 25 members, unless otherwise fixed by law; and
2. Party-list Representative
Election of 250 members
1. They shall be elected from legislative districts apportioned among the provinces, cities and
the Metropolitan Manila area.
2. Legislative districts are apportioned in accordance with the number of inhabitants of each
area and on the basis of a uniform and progressive ratio.
1. Each district shall comprise, as far as practicable, contiguous, compact and adjacent
territory;
2. Each city with at least 250,000 inhabitants will be entitled to at least one representative.
3. Each province will have at least one representative.
4. Legislative districts shall be re-apportioned by Congress within 3 years after the return of
each census. According to Jack, however, while the apportionment of districts is NOT a
political question, the judiciary CANNOT compel Congress to do this.
5. The standards used to determine the apportionment of legislative districts is meant to
prevent gerrymandering, which is the formation of a legislative district out of separate
territories so as to favor a particular candidate or party.
Qualifications
1. Natural born citizen of the Philippines;
2. At least 25 years old on the day of the election;
3. Able to read and write;
4. Registered voter in the district he seeks to represent; and
5. A resident of such district for at least one year immediately preceding the day of the
election.
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.
Term Limitations
No member of the House of Representatives shall serve for more than three (3) consecutive
terms.
Distinctions between Term and Tenure
1. Definition
1. Terms 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
1. Term CANNOT be reduced.
2. Tenure MAY, by law, be limited. Thus, a provision which considers an elective office
automatically vacated when the holder thereof files a certificate of candidacy for
another elective office (except President and Vice-President) is valid, as it only
affects the officers tenure and NOT his constitutional term.
Party-List Representatives
1. Constitute 20% of the total number of representatives, including those under the party-list
system (thus a maximum of 50 party-list members of the House)
1. 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.
1. Mechanics of the party-list system:
1. Registered organizations submit a list of candidates in order of priority.
2. During the elections, these organizations are voted for at large.
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.
1. Qualifications
1. Natural born citizen of the Philippines
2. At least 25 years of age on the day of the election
3. Able to read and write
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:
Salaries of Senators and Members of the House of Representatives shall be determined by
law.
Rule on increase in 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.
Note: Since the Constitution provides for rules on salaries and not on emoluments, our
distinguished legislators can appropriate for themselves other sums of money such as travel
allowances, as well as other side benefits.
Sec. 11: CONGRESSIONAL IMMUNITIES
1.) Immunity from arrest:
1. Legislators are privileged from arrest while Congress is in session with respect to
offenses punishable by up to 6 years of imprisonment. Thus, whether Congress is in
regular or special session, the immunity from arrest applies.
2. If Congress is in recess, members thereof may be arrested.
3. The immunity is only with respect to arrests and NOT to prosecution for criminal offenses.
2.) Legislative privilege:
1. No member shall be questioned or held liable in any forum other than his/her respective
Congressional body for any debate or speech in the Congress or in any Committee thereof.
1. Limitation on the privilege:
(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.
(ii) The speech or debate must be made in performance of their duties as members
of Congress. This includes speeches delivered, statements made, votes cast, as well as bills
introduced, and other activities done in performance of their official duties.
(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.

Sec. 13-14: CONGRESSIONAL DISQUALIFICATIONS:
Disqualifications:
DISQUALIFICATION WHEN APPLICABLE
1. Senator/Member of the House cannot hold
any other office or employment in
the Government or any subdivision,
agency or Instrumentality thereof, including
GOCCS or their subsidiaries.
During his term. If he does so, he forfeits
his seat.
2. Legislators cannot be appointed to any
office.
IF the office was created or the
emoluments thereof increased during the
term for which he was elected.
3. Legislators cannot personally appear
as counsel before any court of justice,
electoral tribunal, quasi-judicial
and administrative bodies. During his term of office.
4. Legislators cannot be financially
interested directly or indirectly in any
contract with or in any franchise, or
special privilege granted by the
Government, or any subdivision, agency
or instrumentality thereof, including any
GOCC or its subsidiary. During his term of office.
5. Legislators cannot intervene in any
matter before any office of the
government.
When it is for his pecuniary benefit or
where he may be called upon to act on
account of his office.

Sec. 15: REGULAR AND SPECIAL SESSIONS
Regular Sessions:
1.) Congress convenes once every year on the 4
th
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:
Called by the President at any time when Congress is not in session.
Sec. 16. Officers:
1.) Senate President;
2.) Speaker of the House; and
3.) Each House may choose such other officers as it may deem necessary.
Election of Officers
By a majority vote of all respective members.
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
Houses 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
1. Concurrence of 2/3 of ALL its members and
2. Shall not exceed 60 days.
2.) Expulsion
1. Concurrence of 2/3 of ALL its members.
Congressional Journals and Records:
1.) The Journal is conclusive upon the courts.
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.
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.
Section 17: THE ELECTORAL TRIBUNAL
The Senate and the House shall each have an Electoral Tribunal which shall be composed of:
1. 3 Supreme Court Justices to be designated by the Chief Justice; &
2. 6 Members of the Senate or House, as the case may be.
The senior Justice in the Electoral Tribunal shall be its Chairman.
Note: The congressional members of the ETs shall be chosen on the basis of proportional
representation from the political parties and party-list organizations.
Jurisdiction:
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.
Issues regarding the Electoral Tribunals:
1.) Since the ETs 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 ETs, 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.
Section 18: THE COMMISSION ON APPOINTMENTS
Composition:
1.) Senate President as ex-officio chairman;
2.) 12 Senators; and
3.) 12 Members of the House.
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
1.) The chairman shall only vote in case of a tie.
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:
1. Heads of the Executive Departments (except if it is the Vice-President who is appointed to
the post).
2. Ambassadors, other public ministers or consuls.
3. Officers of the AFP from the rank of Colonel or Naval Captain: and
4. 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.
3.) Appointments extended by the President to the above-mentioned positions while
Congress is not in session shall only be effective until disapproval by the CA or until the next
adjournment of Congress.
Meetings of the CA
1.) CA meets only while Congress is in session.
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.
Sections 21-22: LEGISLATIVE INQUIRIES
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.
3. If the stated purpose of the investigation is to determine the existence of violations of the
law, the investigation is no longer in aid of legislation but in aid of prosecution. This
violates the principle of separation of powers and is beyond the scope of congressional
powers.
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.
1. 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.
1. BUT, in order for a witness to be subject to this incarceration, the primary requirement is
that the inquiry is within the scope of Congress powers. i.e. it is in aid of legislation.
1. The materiality of a question is determined not by its connection to any actually pending
legislation, but by its connection to the general scope of the inquiry.
1. 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
1. The rights of persons appearing in or affected by such inquiries shall be respected. Ex. The
right against self-incrimination.
Appearance by department heads before Congress:
1. Since members of the executive department are co-equals with those of the legislative
department, under the principle of separations of powers, department heads cannot be
compelled to appear before Congress. Neither may the department heads impose their
appearance upon Congress.
1. Department heads may appear before Congress in the following instances.
1. Upon their own initiative, with the consent of the President (and that of the House
concerned); or
1. Upon the request of either House (which cannot compel them to attend)
1. The appearance will be conducted in EXECUTIVE SESSION when:
1. Required by the security of state or required by public interest; and
2. When the President so states in writing
Sections 23-24. DECLARATION OF WAR/EMERGENCY POWERS
Vote requirement: (to declare the existence of a state of war)
1. 2/3 of both Houses, in joint session
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.
1. Limitations:
1. Powers will be exercised for a limited period only; and
2. Powers will be subject to restrictions prescribed by Congress
1. Expiration of emergency powers
1. By resolution of Congress or
2. Upon the next adjournment of Congress
Sections 24-27, 30-31 LEGISLATION
Bills that must originate from the House of Representatives (Section 24)
CODE: A R T Pu Lo P
1. Appropriation bills
2. Revenue bills
3. Tariff bills
4. Bills authorizing the increase of public debt
5. Bills of local application
6. Private bills
Note: The Senate may, however, propose or concur with amendments.
Appropriation bills
1. The primary and specific aim of an appropriation bill is to appropriate a sum of money from
the public treasury.
1. Thus, a bill enacting the budget is an appropriations bill.
1. BUT: A bill creating a new office, and appropriating funds therefor is NOT an appropriation
bill.
Revenue Bill
1. A revenue bill is one specifically designed to raise money or revenue through imposition or
levy.
1. 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.
Bills of local application
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:
1. Congress cannot increase the appropriations recommended by the President for the
operation of the Government as specified in the budget.
1. Each provision or enactment in the General Appropriations Bill must relate specifically to
some particular appropriation therein and any such provision or enactment must be limited
in its operation to the appropriation to which it relates.
1. The procedure in approving appropriations for Congress shall strictly follow the procedure
for approving appropriations for other departments and agencies.
1. 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.
1. Transfer of appropriations:
1. Rule: No law shall be passed authorizing any transfer of appropriations
2. 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
1. Discretionary funds appropriated for particular officials shall be:
1. Disbursed only for public purposes;
2. Should be supported by appropriate vouchers; and
3. Subject to guidelines as may be prescribed by law.
1. If Congress fails to pass General Appropriations Bill (GAB) by the end of any fiscal year:
i. The GAB for the previous year is deemed reenacted
ii. It will remain in full force and effect until the GAB is passed by Congress.
1. For law granting tax exemption
It should be passed with the concurrence of a MAJORITY of ALL the members of Congress.
1. For bills in general
1. Every bill shall embrace only one (1) subject, as expressed in the title thereof
i. As a mandatory requirement
ii. The title does not have to be a complete catalogue of everything stated in the bill. It is
sufficient if the title expresses the general subject of the bill and all the provisions of the
statute are germane to that general subject.
iii. A bill which repeals legislation regarding the subject matter need not state in the title
that it is repealing the latter. Thus, a repealing clause in the bill is considered germane to the
subject matter of the bill.
1. Readings
1. In order to become a law, each bill must pass three (3) readings in both Houses.
2. 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.
3. Exception: If a bill is certified as urgent by the President as to the necessity of its
immediate enactment to meet a public calamity or emergency, the 3 readings can be held
on the same day.
4. First reading only the title is read; the bill is passed to the proper committee
Second reading Entire text is read and debates are held, and amendments introduced.
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.
Veto power of President:
1. Every bill, in order to become a law, must be presented to and signed by the President.
1. 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.
1. 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.
1. This rule eliminates the pocket veto whereby the President would simply refuse to act on
the bill.

1. 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
1. The President may veto particular items in an appropriation, revenue or tariff bill.
1. This veto will not affect items to which he does not object.
1. Definition of item
TYPE OF BILL ITEM
1. Revenue/tax bill Subject of the tax and the tax rate imposed thereon
2. Appropriations bill Indivisible sum dedicated to a stated purpose
1. Veto of RIDER
1. A rider is a provision which does not relate to a particular appropriation stated in the bill.
2. Since it is an invalid provision under Section 25(2), the President may veto it as an item.
Specific limitations on legislation
1. No law shall be enacted increasing the Supreme Courts appellate jurisdiction without the
SCs advice and concurrence.
1. No law shall be enacted granting titles of royalty or nobility.
Section 28. POWER TO TAX
Limitations:
1) The rule of taxation should be UNIFORM
2) It should be EQUITABLE
3) Congress should evolve a PROGRESSIVE system of taxation.
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.
Delegation of power to fix rates
1) Congress may, BY LAW, authorize the President to fix the following:
a) Tariff rates
b) Import and Export Quotas
c) Tonnage and wharfage dues
d) Other duties and imposts
Within the framework of the national development program of the Government
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.
Constitutional tax exemptions:
1) The following properties are exempt from REAL PROPERTY taxes
(CODE: Cha Chu M- CA)
a) Charitable institutions
b) Churches, and parsonages or convents appurtenant thereto
c) Mosques
d) Non-profit cemeteries; and
e) All lands, buildings and improvements actually, directly and exclusively used for
religious, charitable, or educational purposes.
2) All revenues and assets of NON-STOCK NON-PROFIT EDUCATIONAL institutions are
exempt from taxes and duties PROVIDED that such revenues and assets are actually, directly
and exclusively used for educational purposes. (Art. XIV Sec 4 (3))
3) Grants, endowments, donations or contributions used actually, directly and exclusively
for educational purposes shall be exempt from tax. This is subject to conditions prescribed
by law. (Art. XIV. Sec 4 (4))
Section 29. Power of the Purse
1) No money shall be paid out of the National Treasury EXCEPT in pursuance of an
appropriation made by law.
a) This places the control of public funds in the hands of Congress.
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.
a) Appropriations must be for a PUBLIC PURPOSE
b) Cannot appropriate public funds or property, directly or indirectly, in favor of
(i) Any sect, church, denomination, or sectarian institution or system of religion or
(ii) Any priest, preacher, minister, or other religious teacher or dignitary as such.
EXCEPT if the priest, etc is assigned to:
- the Armed Forces; or
- any penal institution; or
- government orphanage; or
- leprosarium
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
a) Money collected on a tax levied for a special purpose shall be treated as a special fund
and paid out for such purpose only.
b) Once the special purpose is fulfilled or abandoned, any balance shall be transferred to
the general funds of the Government
Section 32. INITIATIVE AND REFERENDUM
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
a) Should be signed by at least 10% of the total number of registered voters
b) Every legislative district should be represented by at least 3% of the registered voters
c) Petition should be registered