Constitutional Law Reviewer

1
POLI TI CAL LAW ( CONS T I T UT I ONAL LAW)

REVIEWER & MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
Louie, Carrie, Evelyn, Thel, Gem, Ronald
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
jrisdiction
!. "onsisting of its
a. Terrestrial
b. Flvial# and CODE: TFA
c. Aerial domains
$. %nclding its
a. Territorial sea
b. The seabed
c. The sbsoil CODE: TSSIO
d. The inslar shelves# and
e. The ther sbmarine areas
&. The waters
a. Arond
b. Between and
c. Connecting
d. The islands of the archipelago CODE: ABCI
'egardless of their breadth and dimensions
(orm part of the %)T*')A+ WAT*', of the Philippines
D!"i#i$i# " A%&'i(!)*+
An archipelago is a body of water stdded with islands. The Philippine archipelago
is that body of water stdded with islands which is delineated in the Treaty of Paris
-1./.01 as amended by the Treaty of Washington -1/220 and the Treaty of 3reat 4ritain
-1/320.
D!"i#i$i# " ,*)) $'!% $!%%i$%i!s -!% .'i&' $'! P'i)i((i#!s '*s s-!%!i+#$/ %
01%is2i&$i#3
%t incldes any territory that presently belongs or might in the ftre belong to the
Philippines throgh any of the internationally accepted modes of ac5iring territory.
A%&'i(!)*+i& (%i#&i()!
Two elements:
1. The definition of internal waters -as provided above0#
2. The straight baseline method of delineating the territorial sea 6 consists of
drawing straight lines connecting appropriate points on the coast withot
departing to any appreciable e7tent from the general direction of the coast.
I4(%$*#$ 2is$*#&!s .i$' %!s(!&$ $ $'! .*$!%s *%1#2 $'! P'i)i((i#!s
1. Territorial sea 8 12 natical miles -n.m.0
2. "ontigos 9one 8 12 n.m. from the edge of the territorial sea
3. *7clsive economic 9one 8 222 n.m. from the baseline :incldes -10 and -20;
ARTICLE II DECLARATION OF PRINCIPLES AND STATE POLICIES
Selected principles
SEC 15 T'! P'i)i((i#!s is * 2!4&%*$i& *#2 %!(16)i&*# S$*$!5 S-!%!i+#$/ %!si2!s
i# $'! (!()! *#2 *)) +-!%#4!#$ *1$'%i$/ !4*#*$!s "%4 $'!45
2
E)!4!#$s " * S$*$! ("% 41#i&i(*) )*. (1%(s!s) CODE: PTS7
1. A commnity of persons1 more or less nmeros -P*<P+*0
2. Permanently occpying a definite portion of territory -T*''%T<'=0
3. %ndependent of e7ternal control -S<>*'*%3)T=0
!. Possessing an organi9ed government to which the great body of inhabitants render
habital obedience -7<>*')?*)T0
D!"i#i$i# " ,P!()!3 CODE: CNCH
1. A Commnity of persons#
2. ,fficient in Nmber#
3. Capable of maintaining the contined e7istence of the commnity# and
!. Held together by a common bond of law.
D!"i#i$i# " ,S-!%!i+#$/3
1. +*3A+ sovereignty
a. The spreme power to ma@e law.
b. %t is lodged in the people.
2. P<+%T%"A+ sovereignty
a. The sm total of all the inflences in a state1
b. +egal and non8legal1
c. Which determine the corse of law.
3. According to the Principle of !T"#L$%$TT$"&:
,overeignty is the property of the state8force de to which it has the e7clsive
capacity of legal self8determination and self8restriction.
D!"i#i$i# " ,7-!%#4!#$3
1. That instittion or aggregate of instittions
2. by which an independent society
3. ma@es and carries ot those rles of action
!. which are necessary to enable men to live in a social state
$. or which are imposed pon the people forming that society by those who possess
the power or athority of prescribing them.
C)*ssi"i&*$i# " +-!%#4!#$s
1. 'e (ure 8 one established by the athority of the legitimate sovereign
2. 'e facto 8 one established in defiance of the legitimate sovereign
C)*ssi"i&*$i# " de facto +-!%#4!#$s
1. 'e facto proper
a. That government that gets possession and control of
b. or srps by force or by the voice of majority
c. the rightfl legal government
d. and maintains itself against the will of the latter.
2. 3overnment of paramount force
a. That which is established and maintained by military forces
b. who invade and occpy a territory of the enemy
c. in the corse of war.
3. That established as an independent government by the inhabitants of a contry who
rise in insurrection against the parent state.
3
D!"i#i$i# " ,R!(16)i&*# S$*$!3
%t is one wherein all government athority emanates from the people and is e7ercised by
representatives chosen by the people.
D!"i#i$i# " D!4&%*$i& S$*$!
This merely emphasi9es that the Philippines has some aspects of direct democracy sch
as initiative and referendm.
SEC5 25 T'! P'i)i((i#!s %!#1#&!s .*% *s *# i#s$%14!#$ " #*$i#*) ()i&/8 *2($s
$'! +!#!%*))/ *&&!($!2 (%i#&i()!s " i#$!%#*$i#*) )*. *s (*%$ " $'! )*. " $'! )*#2
*#2 *2'!%!s $ $'! ()i&/ " (!*&!8 !91*)i$/8 01s$i&!8 "%!!248 &(!%*$i#8 *#2
*4i$/ .i$' *)) #*$i#s5
:i#2 " .*% %!#1#&!2 6/ $'! P'i)i((i#!s
The Philippines only renonces GGRESS$)E war as an instrment of national policy.
%t does not renonce defensive war.
S4! ;+!#!%*))/ *&&!($!2 (%i#&i()!s " i#$!%#*$i#*) )*.; %!&+#i<!2 6/ $'!
C1%$:
1. 'ight of an alien to be released on bail while awaiting deportation when his failre to
leave the contry is de to the fact that no contry will accept him -%e(off v* 'irector
of Prisons1 /2 Phil. A20
2. The right of a contry to establish military commissions to try war criminals -+uroda
v* ,alondoni, .3 Phil. 1A10
3. The >ienna "onvention on 'oad ,igns and ,ignals -gustin v* Edu, .. ,"'A 1/$0
A4i$/ .i$' *)) #*$i#s
This does not mean atomatic diplomatic recognition of all nations. Biplomatic
recognition remains a matter of e7ective discretion.
SEC =5 Ci-i)i*# *1$'%i$/ is8 *$ *)) $i4!s8 s1(%!4! -!% $'! 4i)i$*%/5 T'! A%4!2
F%&!s " $'! P'i)i((i#!s is $'! (%$!&$% " $'! (!()! *#2 $'! S$*$!5 I$s +*) is $
s!&1%! $'! s-!%!i+#$/ " $'! S$*$! *#2 $'! i#$!+%i$/ " $'! #*$i#*) $!%%i$%/5
Ci-i)i*# *1$'%i$/>s1(%!4*&/ &)*1s! (1
s$
s!#$!#&!)
1. "ivilian athority simply means the spremacy of the law becase athority1 nder
or constittional system1 can only come from law.
2. Cnder this clase1 the soldier renonces political ambition.
M*%? " s-!%!i+#$/ (2
#2
*#2 =
%2
s!#$!#&!s)
1. Positively1 this clase singles ot the military as the gardian of the people and of the
integrity of the national territory and therefore ltimately of the majesty of the law.
2. )egatively1 it is an e7pression of disapproval of military abses.
SEC @5 T'! (%i4! 21$/ " $'! 7-!%#4!#$ is $ s!%-! *#2 (%$!&$ $'! (!()!5 T'!
7-!%#4!#$ 4*/ &*)) 1(# $'! (!()! $ 2!"!#2 $'! S$*$! *#28 i# $'! "1)"i))4!#$
$'!%!"8 *)) &i$i<!#s 4*/ 6! %!91i%!28 1#2!% &#2i$i#s (%-i2!2 6/ )*.8 $ %!#2!%
(!%s#*)8 4i)i$*%/8 % &i-i) s!%-i&!5
SEC5 A5 T'! 4*i#$!#*#&! " (!*&! *#2 %2!%8 $'! (%$!&$i# " )i"!8 )i6!%$/ *#2
(%(!%$/8 *#2 $'! (%4$i# " $'! +!#!%*) .!)"*%! *%! !ss!#$i*) "% $'! !#0/4!#$
6/ *)) $'! (!()! " $'! 6)!ssi#+s " 2!4&%*&/5
SEC5 B5 T'! s!(*%*$i# " C'1%&' *#2 S$*$! s'*)) 6! i#-i)*6)!5
!
Selected state policies
SEC5 C5 T'! S$*$! s'*)) (1%s1! *# i#2!(!#2!#$ "%!i+# ()i&/5 I# i$s %!)*$i#s .i$'
$'!% s$*$!s8 $'! (*%*41#$ &#si2!%*$i# s'*)) 6! #*$i#*) s-!%!i+#$/8 $!%%i$%i*)
i#$!+%i$/8 #*$i#*) i#$!%!s$8 *#2 $'! %i+'$ $ s!)"D2!$!%4i#*$i#5
SEC5 E5 T'! P'i)i((i#!s8 &#sis$!#$ .i$' $'! #*$i#*) i#$!%!s$8 *2($s *#2 (1%s1!s
* ()i&/ " "%!!24 "%4 #1&)!*% .!*(#s i# i$s $!%%i$%/5
Policy of freedom from nuclear weapons
1. The policy P'<D%4%T,:
a. The possession1 control and manfactre of nclear weapons
b. )clear arms tests.
2. The policy does )<T prohibit the peacefl ses of nclear energy.
SEC5 125 T'! S$*$! %!&+#i<!s $'! s*#&$i$/ " "*4i)/ )i"! *#2 s'*)) (%$!&$ *#2
s$%!#+$'!# $'! "*4i)/ *s * 6*si& *1$#41s s&i*) i#s$i$1$i#5 I$ s'*)) !91*))/
(%$!&$ $'! )i"! " $'! 4$'!% *#2 $'! )i"! " $'! 1#6%# "%4 &#&!($i#5 !$&5
Principle that the family is not a creature of the state*
P%$!&$i# "% $'! 1#6%#
1. %t is not an assertion that the nborn is a legal person.
2. %t is not an assertion that the life of the nborn is placed e7actly on the level
of the life of the mother. Dence1 when it is necessary to save the life of the
mother1 the life of the nborn may be sacrificed.
3. Cnder this provision1 the 'oe v. Wade doctrine allowing abortion p to the &
th
month of pregnancy cannot be adopted in the Philippines becase the life of
the nborn is protected from the time of conception.
SEC5 1B5 T'! S$*$! s'*)) (%$!&$ *#2 *2-*#&! $'! %i+'$ " $'! (!()! $ * 6*)*#&!2
*#2 '!*)$'"1) !&)+/ i# *&&%2 .i$' $'! %'/$'4 *#2 '*%4#/ " #*$1%!5
1. While the right to a balanced and healthfl ecology is fond nder the
declaration of Principle and ,tate Policies and not nder the 4ill of 'ights1 it
does not follow that it is less important than any of the civil and political rights
enmerated in the latter. -<posa v. (actoran0
2. The right to a balanced and healthfl ecology carries with it the correlative
dty to refrain from impairing the environment. -<posa v. (actoran0
SEC5 2B5 T'! S$*$! s'*)) +1*%*#$!! !91*) *&&!ss $ ((%$1#i$i!s "% (16)i&
s!%-i&!8 *#2 (%'i6i$ ()i$i&*) 2/#*s$i!s *s 4*/ 6! 2!"i#!2 6/ )*.5
SEC5 2C5 T'! S$*$! s'*)) 4*i#$*i# '#!s$/ *#2 i#$!+%i$/ i# $'! (16)i& s!%-i&! *#2
$*?! (si$i-! *#2 !""!&$i-! 4!*s1%!s *+*i#s$ +%*"$ *#2 &%%1($i#5
SEC5 2E5 S160!&$ $ %!*s#*6)! &#2i$i#s (%!s&%i6!2 6/ )*.8 $'! S$*$! *2($s *#2
i4()!4!#$s * ()i&/ " "1)) (16)i& 2is&)s1%! " *)) i$s $%*#s*&$i#s i#-)-i#+ (16)i&
i#$!%!s$5
ARTICLE III BILL OF RI7HTS
S!&$i# 15 N (!%s# s'*)) 6! 2!(%i-!2 " )i"!8 )i6!%$/ % (%(!%$/ .i$'1$ 21!
(%&!ss " )*.8 #% s'*)) *#/ (!%s# 6! 2!#i!2 $'! !91*) (%$!&$i# " $'! )*.s5
BILL OF RI7HTS
The 4ill of rights is a garantee that there are certain areas of a personEs
life1 liberty and property which governmental power may not toch.
$
The 4ill of rights is a declaratory of fndamental principles and of the
basic rights of citi9enship.
%t enmerates some of the private and inalienable rights of the people1
and it has been said that the rights protected by the 4ill of 'ights are
those that inhere in the Fgreat and essential principles of liberty and free
government.G
The rights in the 4ill of 'ights are sometimes referred to as natral laws
and as being fonded on natral right and jstice.
Any governmental action in violation of the rights declared in the 4ill of
'ights is void1 so that the provisions of a 4ill of 'ights are self 6 e7ecting
to this e7tent# however1 the legislatre may enact laws to protect and
enforce the provisions of the 4ill of 'ights.
To the law of force rather than the force of law1 it is necessary to remind
orselves that certain basic rights and liberties are immtable
-nchangeable0 and cannot be sacrificed to the transient needs or
imperios demands of the rling power. The rle of law mst prevail or
else liberty will perish.
The provisions of the bill of rights are primarily limitations on government1
declaring rights that e7ist withot any governmental grant1 that may not
be ta@en away by government and that government has dty to protect.
The fndamental hman rights conferred by the "onstittion are not
absolte.
The totality of governmental power is contained in the three -30 great
powers: police power1 power of eminent domain1 and power of ta7ation.
These are inherent powers of government. A constittion can only define
and delimit them and allocate their e7ercise among varios government
agencies.
BALANCIN7 THE RI7HTS OF PERSONS AND POLICE POWER
(or the proper defense and protection of freedom1 a political instittion mst
possess power. Dence1 government becomes the delicate art of balancing the power of
government and the freedom of the governed.
D!"i#i$i# " ,P)i&! P.!%3:
10 Power vested in the legislatre
20 4y the "onstittion
30 To ma@e1 ordain1 and establish
!0 All manner of wholesome and reasonable laws1 stattes1 and ordinances
$0 *ither with penalties or withot
&0 )ot repgnant to the constittion
A0 As they shall jdge to be for the good and welfare of the commonwealth and of the
sbjects of the same.
POLICE POWER
The power of promoting the pblic welfare by restraining and reglating
the se of liberty and property.
The power vested in the legislatre by the constittion to ma@e1 ordain1
and establish all manner of wholesome and reasonable laws1 stattes1
and ordinance1 either with penalties or withot1 not repgnant to the
constittion1 as they shall jdge to be for the good and welfare of the
commonwealth1 and of the sbjects of the same.
&
The power of the state to reglate liberty and property for the promotion
of the general welfare.
The personEs acts and ac5isitions are hemmed in the police power.
%t is the most essential1 insistent and the least limitable of powers1
e7tending as it does to all the great pblic needs.
Police power rests pon pblic necessity and pon the right of the state
and of the pblic to self 6 protection.
)egatively1 police power is defined as that inherent and plenary -fll0
power in the ,tate which enables it to prohibit all that is hrtfl to the
comfort1 safety1 and welfare of society. -*rmita > ?ayor of ?anila0
8 public health
8 public safety
8 public morals
8 general welfare
SCOPE OF POLICE POWER
Police power rests pon pblic necessity and pon the right of the ,tate and of
the pblic to self 6 protection. (or this reason1 its scope e7pands and contracts with
changing needs.
POWER OF EFPROPRIATION OR POWER OF EMINENT DOMAIN
*nables the state to forcibly ac5ire private property1 pon payment of
jst compensation1 for some intended pblic se.
Power of e7propriation is the highest and most e7act idea of property
remaining in the government that may be ac5ired for some pblic
prpose throgh a method in the natre of complsory sale to the state.
The provision shold be strictly interpreted against the e7propriator and
liberally in favor of the property owner.
The e7ercise of this power is necessarily in derogation of private rights1
and the rle in that case is that the athority mst be strictly constred.
*7cept for police power and power of ta7ation1 only the power of
e7propriation may be e7ercised by pblic and private corporations.
POWER OF TAFATION
The state is able to demand from the members of society their
proportionate share or contribtion in the maintenance of the government.
%mportance of ta7ation derives from the navoidable obligation of the
government to protect the people and e7tend them benefits in the form of
pblic projects and services.
Ri+'$ $ )i"!
The constittional protection to life is not jst a protection of the right to be alive
or to the secrity of oneEs limb against physical harm. The right to life is the right to a
good life.
Ri+'$ $ )i6!%$/
%ncldes that right to e7ist and the right to be free from arbitrary restraint
or servitde.
A
The right to enjoy the faclties to which he has been endowed by his
"reator1 sbject only to sch restraints as are necessary for the common
welfare.
The chief elements to the garantee are the right to contract1 the right to
choose ones employment1 the right to labor and the right to locomotion.
)ot only physical liberty bt also intellectal liberty.
Ri+'$ $ (%(!%$/
Protected property inclde all @inds of property fond in the "ivil "ode. %t
has been deemed to inclde vested rights.
E-ample.
1. The right to labor1 sch that an employee may not be removed withot
giving de process# and
2. The right to pblic office.
HEIRARCHY OF RI7HTS: PRIMACY OF HUMAN RI7HTS OVER PROPERTY
RI7HTS
The primacy of hman rights over property rights are recogni9ed.
4ecase these freedoms are Fdelicate and vlnerable1 as well as
spremely precios in or societyG and the Fthreat of sanctions may deter
their e7ercise almost as potently as the actal application of sanctions1G
they Fneed breathing space to srvive1G permitting government reglation
only Fwith narrow specificity.G

Property and property rights can be lost throgh prescription# bt hman
rights are imprescriptible. %f hman rights are e7tingished by the
passage of time1 then the 4ill of 'ights s a seless attempt to limit the
power of government and ceases to be an efficacios shield against
tyranny of officials1 of majorities1 of the inflential and powerfl1 and of
oligarchs.
Property is not a basic right. Property has an intimate relation with life and
liberty.
Protection of property was a primary object of the social compact and that
the absence of sch protection cold well lead to anarchy and tyranny.
Property is an important instrment for the preservation and
enhancement of personal dignity.
Property is as important as life and liberty 6 and to protect their -poor0
property is really to protect their life and their liberty.
As(!&$s " ,D1! P%&!ss3:
1. Procedural due process 6 refers to the mode of procedre which government
agencies mst follow in the enforcement and application of laws.
2. Substantive due process 6 prohibition against arbitrary laws.
N$!: P'<"*BC'A+ BC* P'<"*,,:
1. A law which hears before it condemns.
2. Be process of law contemplates notice and opportnity to be heard before
jdgment is rendered affecting oneEs person or property -+ope9 v. Bir. of +ands0
3. Be process depends on circmstances# it varies with the sbject matter and the
necessities of the sitation.
.
R!91isi$!s " PROCEDURAL 21! (%&!ss:
F% GUDICIAL (%&!!2i#+s: CODE: C G N O H
1. A &ort or tribnal clothed with jdicial power to hear and determine
the matter before it.
2. Grisdiction mst be lawflly ac5ired over the person of the
defendant or over the property which is the sbject of the
proceedings.
3. The defendant mst be given #otice and an pportnity to be heard.
!. Hdgment mst be rendered pon a lawfl 'earing.
F% ADMINISTRATIVE (%&!!2i#+s: CODE: H E D S H I P
1. The right to a 'earing1 which incldes the right to present oneEs case
and sbmit evidence in spport thereof.
2. The tribnal mst consider the !vidence presented.
3. The 2ecision mst have something to spport itself.
!. *vidence spporting the conclsion mst be sbstantial.
$. The decision mst be based on the evidence presented at the 'earing
or at least contained in the record and disclosed to the parties
affected.
&. The tribnal or body or any of its jdges mst act on its or his own
independent consideration of the law and facts of the controversy1 and
not simply accept the views of a sbordinate in arriving at a decision.
A. The board or body shold1 in all controversial 5estions1 render its
decision in sch a manner that the (arties to the proceeding can @now
the varios isses involved and the reasons for the decision rendered.
N$!:
1. What is re5ired is not actal hearing1 bt a real opportnity to be heard.
2. The re5irement of de process can be satisfied by sbse5ent de hearing.
3. >iolation of de process: when same person reviews his own decision on
appeal.
!. )otice and hearing are re5ired in jdicial and 5asi8jdicial proceedings1 bt
not in the promlgation of general rle.
F% SCHOOL DISCIPLINARY (%&!!2i#+s: CODE: W A I# A D P
1. The stdent mst be informed in .riting of the natre and case of
any accsation against them.
2. The stdent shall have the right to *nswer the charges against him1
with the assistance of consel if desired.
3. The stdent has the right to be i#formed of the evidence against him.
!. The stdent has the right to *ddce evidence in his own behalf.
$. The evidence mst be 2ly considered by the investigating committee
or official designated by the school athorities to hear and decide the
case.
&. The penalty imposed mst be (roportionate to the offense.
N$!:
1. The school has a contractal obligation to afford its stdents a fair opportnity
to complete the corse a stdent has enrolled for.
2. *7ceptions:
3. ,erios breach of discipline# or
!. (ailre to maintain the re5ired academic standard.
$. Proceedings in stdent disciplinary cases may be smmary# cross8
e7amination is not essential
/
I#s$*#&!s .'!# '!*%i#+s *%! NOT #!&!ss*%/:
1. When administrative agencies are e7ercising their /uasi#legislative
fnctions.
2. Abatement of nuisance per se.
3. 3ranting by corts of provisional remedies.
!. "ases of preventive suspension.
$. Removal of temporary employees in the government service.
&. %ssance of warrants of distraint and0or levy by the 1$R
Commissioner*
A. Cancellation of the passport of a person charged with a crime.
.. %ssance of se/uestration orders -considered a provisional remedy0.
/. Hdicial order which prevents an accsed from travelling abroad in
order to maintain the effectivity of the cortEs jrisdiction.
12. Suspension of a ban23s operations by the ?onetary 4oard pon a
prima facie finding of li5idity problems in sch ban@.
N$!:
1. The right to consel is a very basic re5irement of sbstantive de process
and has to be observed even in administrative and 5asi8jdicial bodies.
2. The right to appeal is a s$*$1$%/ (%i-i)!+! that may be e7ercised only in the
manner in accordance with law.
R!91isi$!s " SUBSTANTIVE 21! (%&!ss: CODE: I M
1. The $&TERESTS of the pblic generally1 as distingished from those of a
particlar class1 re5ires the interference by the government and
2. The %E&S employed are necessary for the accomplishment of the prpose
and not ndly oppressive pon individals.
R!91i%!4!#$s " * -*)i2 %2i#*#&!:
1. ?st not contravene the "onstittion or any statte
2. ?st not be nfair or oppressive
3. ?st not be partial or discriminatory
!. ?st not prohibit1 bt may reglate trade
$. ?st be general and consistent with pblic policy
&. ?st not be nreasonable
W'!# is * )*. VA7UEH
1. When it lac@s "<?P'*D*),%4+* ,TA)BA'B,
2. That men of ordinary intelligence mst necessarily 3C*,, as to its meaning
3. And differ as to its application
E91*) P%$!&$i# " $'! )*.
The e5ality that it garantees is legal e5ality or the e5ality of all persons before the
law. %t does not demand absolte e5ality. %t merely re5ires that all persons shall be
treated ali@e1 nder li@e circmstances and conditions both as to privileges conferred
and liabilities enforced.
R!91isi$!s "% -*)i2 &)*ssi"i&*$i# "% (1%(s!s " $'! !91*) (%$!&$i# &)*1s!
T'! &)*ssi"i&*$i# 41s$: CODE: S7EE
1. 'est on SC4,TA)T%A+ B%,T%)"T%<),
2. 4e 7*'?A)* to the prposes of the law
3. )<T +%?%T*B T< EI%,T%)3 "<)B%T%<), only
!. APP+= EJCA++= to all members of the ,A?* "+A,,.
12
S!&$i# 25 T'! %i+'$ " $'! (!()! $ 6! s!&1%! i# $'!i% (!%s#s8 '1s!s8 (*(!%s8
*#2 !""!&$s *+*i#s$ 1#%!*s#*6)! s!*%&'!s *#2 s!i<1%!s " .'*$!-!% #*$1%! *#2
"% *#/ (1%(s! s'*)) 6! i#-i)*6)!8 *#2 # s!*%&' .*%%*#$ % .*%%*#$ " *%%!s$
s'*)) iss1! !I&!($ 1(# (%6*6)! &*1s! $ 6! 2!$!%4i#!2 (!%s#*))/ 6/ $'! 012+!
*"$!% !I*4i#*$i# 1#2!% *$' % *""i%4*$i# " $'! &4()*i#*#$ *#2 $'! .i$#!ss!s
'! 4*/ (%21&!8 *#2 (*%$i&1)*%)/ 2!s&%i6i#+ $'! ()*&! $ 6! s!*%&'!2 *#2 $'!
(!%s# % $'i#+s $ 6! s!i<!25
7!#!%*) R1)!: ,earch and sei9res are nreasonable C)+*,, athori9ed by a validly
issed search warrant or warrant of arrest
R!91isi$!s "% * -*)i2 .*%%*#$: CODE: P G E D
1. %t mst be issed pon P'<4A4+* "AC,*.
2. The e7istence of probable case is determined personally by the GUD7E.
3. The jdge mst EIA?%)* C)B*' <ATD the complainant and the witnesses
he may prodce.
!. The warrant mst PA'T%"C+A'+= D*,"'%4* the place to be searched and
person or things to be sei9ed.
D!"i#i$i# " ,PROBABLE CAUSE3
4or the issuance of a warrant of arrest.
Probable case refers to sch facts and circmstances which wold lead
a reasonably discreet and prdent man to believe that an offense has been
committed by the person soght to be arrested.
4or the issuance of a search warrant.
Probable case wold mean sch facts and circmstances which wold
lead a reasonably discreet and prdent man to believe that an offense has been
committed and that the objects soght in connection with the offense are in the
place to be searched.
N$!: Probable case for the issance of a search warrant does )<T re5ire that the
probable gilt of a specific offender be established1 nli@e in the case of a warrant of
arrest.
EIis$!#&! " (%6*6)! &*1s! ,DETERMINED PERSONALLY BY THE GUD7E3
The jdge is )<T re5ired to personally e7amine the complainant and his witnesses.
What the "onstittion nderscores is the e7clsive and personal responsibility of the
issing jdge to satisfy himself of the e7istence of probable case -Soliven v* %a2asiar1
1&A ,"'A 3/!0.
To be sre1 the Hdge mst go beyond the prosectorEs certification and investigation
report whenever necessary -+im v. (eli70.
P%&!21%!:
1. The jdge personally evalates the report and spporting docments sbmitted by
the fiscal regarding the e7istence of probable case and1 on the basis thereof1 isse
a warrant of arrest or
2. %f on the basis thereof1 the jdge finds no probable case1 he may disregard the
fiscalEs report and re5ire the sbmission of spporting affidavits of witnesses to aid
him in arriving at the conclsion as to the e7istence of probable case.
11
EI*4i#*$i# ,UNDER OATH OR AFFIRMATION OF THE COMPLAINANT AND
WITNESSES3
1. The oath re5ired mst refer to the trth of the facts within the personal @nowledge
of the complainant or his witnesses becase the prpose is to convince the jdge of
the e7istence of probable case -Alvare9 v. "(%1 &! Phil. 330.
2. The tre test of sfficiency of an affidavit to warrant the issance of a search warrant
is whether it has been drawn in sch a manner that perjry cold be charged thereon
and affiant be held liable for the damages cased -Alvare9 v. "(%0.
PARTICULARITY OF DESCRIPTION (SEARCH WARRANT)
1. A search warrant may be said to particlarly describe the things to be sei9ed when
$'! 2!s&%i($i# $'!%!i# is *s s(!&i"i& *s $'! &i%&14s$*#&!s .i)) %2i#*%i)/ *)).
or
2. When $'! 2!s&%i($i# !I(%!ss!s * &#&)1si# " "*&$ 6 not of law 6 by which the
warrant officer may be gided in ma@ing the search and sei9re or
3. When $'! $'i#+s 2!s&%i6!2 *%! )i4i$!2 $ $'s! .'i&' 6!*% * 2i%!&$ %!)*$i# $
$'! ""!#s! for which the warrant is being issed -1ache and Co* v* Rui51 3A ,"'A
.230.
GOHN DOE WARRANT
A FHohn BoeG warrant can satisfy the re5irement of particlarity of description if it
contains a descriptio personae sch as will enable the officer to identify the accsed
-People v* )eloso1 !. Phil. 1$/0
7ENERAL WARRANT
A general warrant is one that does not allege any specific acts or omissions constitting
the offense charged in the application for the issance of the warrant. %t contravenes the
e7plicit demand of the 4ill of 'ights that the things to be sei9ed be particlarly described.
VALID WARRANTLESS SEARCH
1. ,earch made as an incident to lawfl arrest
A. An officer ma@ing an arrest may ta@e from the person arrested:
i. Any money or property fond pon his person which was sed in the
commission of the offense or
ii. Was the frit thereof or
iii. Which might frnish the prisoner with the means of committing
violence or escaping or
iv. Which may be sed in evidence in the trial of the case
4. The search mst be made simltaneosly with the arrest and it may only be
made in the area within the reach of the person arrested
2. ,earch of moving vehicles
A. This e7ception is based on e7igency. Ths1 if there is time to obtain a warrant
in order to search the vehicle1 a warrant mst first be obtained.
4. The search of a moving vehicle mst be based on probable case.
3. ,ei9re of goods concealed to avoid cstoms dtiesKathori9ed nder the Tariffs and
"stoms "ode
A. The Tariffs and "stoms "ode athori9es persons having police athority
nder the "ode to effect search and sei9res withot a search warrant to
enforce cstoms laws.
4. *7ception: A search warrant is re5ired for the search of a dwelling hose.
12
". ,earches nder this e7ception inclde searches at borders and ports of entry.
,earches in these areas do not re5ire the e7istence of probable case
13
!. ,ei9re of evidence in plain view
A. To be a valid warrantless search1 the articles mst be open to the eye and
hand.
4. The peace officer comes pon them inadvertently.
$. Waiver of right
A. 'e5isites of a valid waiver:
i. The right e7ists.
ii. The person had actal or constrctive @nowledge of the e7istence of
sch right.
iii. There is an actal intention to relin5ish sch right.
4. The right against nreasonable searches and sei9res is a personal right.
Ths1 only the person being searched can waive the same.
". Waiver re5ires a positive act from the person. ?ere absence of opposition is
not a waiver.
B. The search made prsant to the waiver mst be made within the scope of
the waiver.
N$!:
1. "hec@points: as long as the vehicle is neither searched nor its occpants
sbjected to a body search and the inspection of the vehicle is limited to a
visal search L valid search -)almonte )* 'e )illa0
2. "arroll rle: warrantless search of a vehicle that can be 5ic@ly moved ot of
the locality or jrisdiction
3. The 1/.A "onstittion has retrned to the 1/3$ rle that warrants may be
issed only by jdges1 bt the "ommissioner of %mmigration may order the
arrest of an alien in order to carry ot a (%)A+ deportation order.
VALID WARRANTLESS ARRESTS
1. When the person to be arrested has committed1 is actally committing1 or is abot to
commit an offense in the presence of the arresting officer.
2. When an offense has in fact jst been committed and the arresting officer has
personal @nowledge of facts indicating that the person to be arrested has committed
it.
3. When the person to be arrested is a prisoner who has escaped from a penal
establishment or place where he is serving final jdgment or temporarily confined
while his case is pending1 or has escaped while being transferred from one
confinement to another.
!. Waiver of an invalid arrest:
When a person who is detained applies for bail1 he is deemed to have waived any
irreglarity which may have occrred in relation to his arrest.
$. Dot prsit
A. The prsit of the offender by the arresting officer mst be continos from the
time of the commission of the offense to the time of the arrest.
4. There mst be no spervening event which brea@s the continity of the chase.
1!
&. ,top and fris@
When a policeman observes sspicios activity which leads him to believe that a
crime is abot to be committed1 he can investigate the sspicios loo@ing person and
may fris@ him for weapons as a measre of self8protection. ,hold he find1 however1
a weapon on the sspect which is nlicensed1 he can arrest sch person then and
there for having committed an offense in the officerEs presence.
S!&$i# =5 (1) T'! (%i-*&/ " &441#i&*$i# *#2 &%%!s(#2!#&! s'*)) 6!
i#-i)*6)! !I&!($ 1(# )*."1) %2!% " $'! &1%$8 % .'!# (16)i& s*"!$/ %
%2!% %!91i%!s $'!%.is! *s (%!s&%i6!2 6/ )*.5
(2) A#/ !-i2!#&! 6$*i#!2 i# -i)*$i# " $'is % $'! (%!&!2i#+ s!&$i# s'*)) 6!
i#*24issi6)! "% *#/ (1%(s! i# *#/ (%&!!2i#+s5
'.A. !222 -Anti8Wiretapping Act0
1. The law does not distingish between a party to the private commnication or a third
person. Dence1 both a party and a third person cold be held liable nder '.A. !222
if they commit any of the prohibited acts nder '.A. !222 -'amire9 v. "a0
2. The se of a telephone e7tension to overhear a private conversation is not a violation
of '.A. !222 becase it is not similar to any of the prohibited devices nder the law.
Also1 a telephone e7tension is not prposely installed for the prpose of secretly
intercepting or recording private commnication. -3aanan v. %A"1 1!$ ,"'A 1120
T/(!s " &441#i&*$i# (%$!&$!2:
+etters1 messages1 telephone calls1 telegrams and the li@e.
EI&)1si#*%/ %1)!:
Any evidence obtained shall be inadmissible for any prpose in any proceeding.
Dowever1 in the absence of governmental interference1 the protection against
nreasonable search and sei9re cannot be e7tended to acts committed by private
individals. -People v* %artin0
S!&$i# @5 N )*. s'*)) 6! (*ss!2 *6%i2+i#+ $'! "%!!24 " s(!!&'8 "
!I(%!ssi#8 % " $'! (%!ss8 % " $'! %i+'$ " $'! (!()! (!*&!*6)/ $ *ss!46)!
*#2 (!$i$i# $'! +-!%#4!#$ "% %!2%!ss " +%i!-*#&!s5
W'*$ *%! &#si2!%!2 (%$!&$!2 s(!!&':
Protected speech incldes every form of e7pression1 whether oral1 written1 tape or disc
recorded. %t incldes motion pictres as well as what is @nown as symbolic speech sch
as the wearing of an armband as a symbol of protest. Peacefl pic@eting has also been
inclded within the meaning of speech.
P%'i6i$i#s 1#2!% S!&$i# @
1. Prohibition against P'%<' '*,T'A%)T
2. Prohibition against ,C4,*JC*)T PC)%,D?*)T
P%'i6i$i# *+*i#s$ (%i% %!s$%*i#$

1. Prior restraint means official governmental restrictions on the press or other forms of
e7pression in advance of actal pblication or dissemination.
2. *7amplesKforms of prior restraint
a. movie censorship
b. jdicial prior restraint L injnction against pblication
c. license ta7es based on gross receipts for the privilege of engaging in the
bsiness of advertising in any newspaper
d. flat license fees for the privilege of selling religios boo@s
1$
W'!# (%'i6i$i# 2!s #$ *(()/
a. Bring a war. *7. 3overnment can prevent pblication abot the nmberKlocations
of its troops -)ear v. ?innesota1 23. C, &/A0
b. <bscene pblications.
S$*#2*%2s "% *)).*6)! s16s!91!#$ (1#is'4!#$
T*,T "'%T*'%<)
1. Bangeros Tendency Test There shold be a 'AT%<)A+
"<))*"T%<) between the speech and the
evil apprehended.
2. "lear and Present Banger Test There shold be a clear and present danger
that the words when sed nder sch
circmstances are of sch a natre as to
create a "+*A' A)B P'*,*)T BA)3*'
that they will bring abot the sbstantive
evils that the ,tate has a right to prevent.
3. 4alancing of %nterests Test The corts shold 4A+A)"* the PC4+%"
%)T*'*,T served by legislation on one
hand and the ('**B<? <( ,P**"D -or
any other constittional right0 on the other.
The corts will then decide where the
greater weight shold be placed.
F%!!24 " S(!!&'
The doctrine on freedom of speech was formlated primarily for the protection of FcoreG
speech1 i.e. speech which commnicates political1 social or religios ideas. These
enjoy the same degree of protection. "ommercial speech1 however1 does not.
C44!%&i*) S(!!&'
1. A commnication which no more than proposes a commercial transaction.
2. To enjoy protection:
a. %t mst not be false or misleading# and
b. %t shold not propose an illegal transaction.
3. *ven trthfl and lawfl commercial speech may be reglated if:
a. 3overnment has a sbstantial interest to protect#
b. The reglation directly advances that interest# and
c. %t is not more e7tensive than is necessary to protect that interest. -Central
6udson Gas and Electric Corp* v* Public Service Commission of &7, !!A C,
$$A0
U#(%$!&$!2 S(!!&'
15 LIBEL
A. 4$R C"%%E&T 8!*S* Rule9* These are statements of <P%)%<)1 not of fact1
and are not considered actionable1 even if the words sed are neither mild nor
temperate. What is important is that the opinion is the tre and honest opinion of
the person. The statements are not sed to attac@ personalities bt to give oneEs
opinion on decisions and actions.
4. "P$&$"&S* With respect to pblic personalities -politicians1 actors1 anyone with
a connection to a newsworthy event01 opinions can be aired regarding their pblic
actations. "omment on their private lives1 if not germane to their pblic
personae1 are not protected.
1&
25 OBSCENITY
A. Test for obscenity -?iller v. "alifornia0
i. Whether the average person1 applying contemporary commnity
standards wold find that the wor@1 ta@en as a whole1 appeals to
the prrient interest.
ii. Whether the wor@ depicts or describes1 in a patently offensive
way1 se7al condct1 specifically defined by law.
iii. Whether the wor@1 ta@en as a whole1 lac@s serios literary1 artistic1
political or scientific vale.
1* Procedure for sei5ure of allegedly obscene publications
i. Athorities mst apply for issance of search warrant.
ii. "ort mst be convinced that the materials are obscene. Apply
clear and present danger test.
iii. Hdge will determine whether they are in fact FobsceneG.
iv. Hdge will isse a search warrant.
v. Proper action shold be filed nder Art. 221 of the 'P".
vi. "onviction is sbject to appeal.
Ri+'$ " Ass!46)/ *#2 P!$i$i#
1. The standards for allowable impairment of speech and press also apply to the right
of assembly and petition.
2. 'les on assembly in pblic places:
i. Applicant shold inform the licensing athority of the date1 the pblic
place where and the time when the assembly will ta@e place.
ii. The application shold be filed ahead of time to enable the pblic official
concerned to appraise whether there are valid objections to the grant of
the permit or to its grant1 bt in another pblic place. The grant or refsal
shold be based on the application of the "lear and Present Banger Test.
iii. %f the pblic athority is of the view that there is an imminent and grave
danger of a sbstantive evil1 the applicants mst be heard on the matter.
iv. The decision of the pblic athority1 whether favorable or adverse1 mst
be transmitted to the applicants at the earliest opportnity so that they
may1 if they so desire1 have recorse to the proper jdicial athority.
3. 'les on assembly in private properties:
<nly the consent of the owner of the property or person entitled to possession
thereof is re5ired.
S!&$i# A5 N )*. s'*)) 6! 4*2! %!s(!&$i#+ *# !s$*6)is'4!#$ " %!)i+i#8 %
(%'i6i$i#+ $'! "%!! !I!%&is! $'!%!"5 T'! "%!! !I!%&is! *#2 !#0/4!#$ " %!)i+i1s
(%"!ssi# *#2 .%s'i(8 .i$'1$ 2is&%i4i#*$i# % (%!"!%!#&!8 s'*)) "%!-!% 6!
*)).!25 N %!)i+i1s $!s$ s'*)) 6! %!91i%!2 "% $'! !I!%&is! " &i-i) % ()i$i&*)
%i+'$s5
C)*1s!s 1#2!% S!&$i# A
1. )on8establishment clase
2. (ree e7ercise of 'eligion
1A
Dis$i#&$i# 6!$.!!# $'! &)*1s!s (School District v. Schempp, =C@ US 20=)
1. The ##D!s$*6)is'4!#$ &)*1s! does not depend pon any showing of direct
governmental complsion. %t is violated by the enactment of laws which establish an
official religion whether those laws operate directly to coerce non8observing
individals or not. The test of compliance with the non8establishment clase can be
stated as follows: What are the prposes and primary effect of the enactmentM %f
either is the advancement or inhibition of religion1 the law violates the non8
establishment clase. Ths1 in order for a law to comply with the non8establishment
clase1 two re5isites mst be met. (irst1 it has a seclar legislative prpose.
,econd1 its primary effect neither advances nor inhibits religion.
2. The "%!! !I!%&is! " %!)i+i# &)*1s! withdraws from legislative power the e7ertion
of any restraint on the free e7ercise of religion. %n order to show a violation of this
clase1 the person affected mst show the coercive effect of the legislation as it
operates against him in the practice of his religion. While the freedom to believe
-non8establishment0 is absolte1 the moment sch belief flows over into action1 it
becomes sbject to government reglation.
R!91isi$!s "% +-!%#4!#$ *i2 $ 6! *)).*6)!:
1. %t mst have a seclar legislative prpose#
2. %t mst have a primary effect that neither advances nor inhibits religion#
3. %t mst not re5ire e7cessive entanglement with recipient instittions.
S!&$i# B5 T'! )i6!%$/ " *62! *#2 " &'*#+i#+ $'! s*4! .i$'i# $'! )i4i$s
(%!s&%i6!2 6/ )*. s'*)) #$ 6! i4(*i%!2 !I&!($ 1(# )*."1) %2!% " $'! &1%$5
N!i$'!% s'*)) $'! %i+'$ $ $%*-!) 6! i4(*i%!2 !I&!($ i# $'! i#$!%!s$ " #*$i#*)
s!&1%i$/8 (16)i& s*"!$/ % (16)i& '!*)$'8 *s 4*/ 6! (%-i2!2 6/ )*.5
Ri+'$s +1*%*#$!!2 1#2!% S!&$i# B:
1. (reedom to choose and change oneEs place of abode.
2. (reedom to travel within the contry and otside.
C1%$*i)4!#$ " %i+'$s:
'%3DT ?A))*' <( "C'TA%+?*)T
1. +iberty of abode +awfl order of the cort and within the limits
prescribed by law.
2. 'ight to travel ?ay be crtailed even by administrative officers
-e7. passport officers0 in the interest of national
secrity1 pblic safety1 or pblic health1 as may be
provided by law.
N$!: The right to travel and the liberty of abode are distinct from the right to retrn to
oneEs contry1 as shown by the fact that the Beclaration of Dman 'ights and the
"ovenant on Dman 'ights have separate garantees for these. Dence1 the right to
retrn to oneEs contry is not covered by the specific right to travel and liberty of abode.
-%arcos v* %anglapus0
S!&$i# C5 T'! %i+'$ " $'! (!()! $ i#"%4*$i# # 4*$$!%s " (16)i& &#&!%#
s'*)) 6! %!&+#i<!25
Ri+'$s +1*%*#$!!2 1#2!% S!&$i# C
1. 'ight to information on matters of pblic concern
2. 'ight of access to official records and docments
1.
P!%s#s !#$i$)!2 $ $'! *6-! %i+'$s
<nly (ilipino citi9ens.
Dis&%!$i# " +-!%#4!#$
The government has discretion with respect to the athority to determine what matters
are of pblic concern and the athority to determine the manner of access to them.
R!&+#i<!2 %!s$%i&$i#s # $'! %i+'$ " $'! (!()! $ i#"%4*$i#:
1. )ational secrity matters
2. %ntelligence information
3. Trade secrets
!. 4an@ing transactions
$. Biplomatic correspondence
&. *7ective sessions
A. "losed door cabinet meetings
.. ,preme "ort deliberations
S!&$i# E5 T'! %i+'$ " $'! (!()!8 i#&)12i#+ $'s! !4()/!2 i# $'! (16)i& *#2
(%i-*$! s!&$%s8 $ "%4 1#i#s8 *ss&i*$i#s8 % s&i!$i!s "% (1%(s!s #$
&#$%*%/ $ )*.8 s'*)) #$ 6! *6%i2+!25
The right to form associations shall not be impaired withot de process of law and is
ths an aspect of the right of liberty. %t is also an aspect of the freedom of contract. %n
addition1 insofar as the associations may have for their object the advancement of
beliefs and ideas1 the freedom of association is an aspect of the freedom of speech and
e7pression1 sbject to the same limitation.
The right also covers the right not to join an association.
3overnment employees have the right to form nions. They also have the right to stri@e1
nless there is a stattory ban on them.
S!&$i# J5 P%i-*$! (%(!%$/ s'*)) #$ 6! $*?!# "% (16)i& 1s! .i$'1$ 01s$
&4(!#s*$i#5
W' &*# !I!%&is! $'! (.!% " !4i#!#$ 24*i#:
10 The national government
a. "ongress
b. *7ective1 prsant to legislation enacted by "ongress
20 +ocal government nits1 prsant to an ordinance enacted by their respective
legislative bodies -nder +3"0
30 Pblic tilities1 as may be delegated by law.
W'!# is $'! !I!%&is! " $'! (.!% " !4i#!#$ 24*i# #!&!ss*%/H
%t is only necessary when the owner does not want or opposes the sale of his property.
Ths1 if a valid contract e7ists between the government and the owner1 the government
cannot e7ercise the power of eminent domain as a sbstitte to the enforcement of the
contract.
E)!4!#$s " $'! (.!% " !4i#!#$ 24*i#
10 There is a TAN%)3 of private property
20 Ta@ing is for PC4+%" C,*
30 Payment of HC,T "<?P*),AT%<)
1/
"TAKING"
A5 E)!4!#$s: CODE: E P A P O
1. The !7propriator enters the property
2. The entrance mst not be for a momentary period1 i.e.1 it mst be (ermanent
3. *ntry is made nder warrant or color of legal *thority
!. Property is devoted to pblic se
$. Ctili9ation of the property mst be in sch a way as to st the owner and
deprive him of the beneficial enjoyment of his property.
4. "ompensable ta@ing does not need to involve all the property interests which
form part of the right of ownership. When one or more of the property rights
are appropriated and applied to a pblic prpose1 there is already a
compensable ta@ing1 even if bare title still remains with the owner.
"PUBLI US!"
1. Pblic se1 for prposes of e7propriation1 is synonymos with pblic welfare
as the latter term is sed in the concept of police power.
2. *7amples of pblic se inclde land reform and sociali9ed hosing.
""UST #$P!NSATI#N"
1. "ompensation is jst if the owner receives a sm e5ivalent to the mar@et
vale of his property. ?ar@et vale is generally defined as the fair vale of
the property as between one who desires to prchase and one who desires
to sell.
2. The point of reference se in determining fair vale is the vale at the time
the property was ta@en. Ths1 ftre potential se of the land is not
considered in compting jst compensation.
G12i&i*) %!-i!. " $'! !I!%&is! " $'! (.!% " !4i#!#$ 24*i#
1. To determine the ade5acy of the compensation
2. To determine the necessity of the ta@ing
3. To determine the Opblic seO character of the ta@ing. Dowever1 if the
e7propriation is prsant to a specific law passed by "ongress1 the corts
cannot 5estion the pblic se character of the ta@ing.
W'!# 41#i&i(*) (%(!%$/ is $*?!# 6/ $'! S$*$!:
"ompensation is re5ired if the property is a patrimonial property1 that is1 property
ac5ired by the mnicipality with its private fnds in its corporate or private capacity.
Dowever1 if it is any other property sch a pblic bildings or lega comnal held by the
mnicipality for the ,tate in trst for the inhabitants1 the ,tate is free to dispose of it at
will.
Pi#$ " %!"!%!#&! "% -*)1*$i#+ * (i!&! " (%(!%$/:
3eneral rle: The vale mst be that as of the time of the filing of the complaint for
e7propriation.
*7ception: When the filing of the case comes later than the time of ta@ing and
meanwhile the vale of the property has increased becase of the se to which the
e7propriator has pt it1 the vale is that of the time of the earlier ta@ing. 4CT if the vale
increased independently of what the e7propriator did1 then the vale is that of the latter
filing of the case.
22
S!&$i# 105 N )*. i4(*i%i#+ $'! 6)i+*$i# " &#$%*&$s s'*)) 6! (*ss!25
W'!# 2!s * )*. i4(*i% $'! 6)i+*$i# " &#$%*&$s:
10 %f it changes the terms and conditions of a legal contract either as to the time or
mode of performance
20 %f it imposes new conditions or dispenses with those e7pressed
30 %f it athori9es for its satisfaction something different from that provided in its terms.
A mere change in P'<"*BC'A+ '*?*B%*, which does not change the sbstance of
the contract1 and which still leaves an efficacios remedy for enforcement does )<T
impair the obligation of contracts.
A valid e7ercise of police power is sperior to obligation of contracts.
S!&$i# 125 Ri+'$s " (!%s# 1#2!% i#-!s$i+*$i# "% $'! &44issi# " *#
""!#s!5
Ri+'$s " (!%s# 1#2!% i#-!s$i+*$i# "% $'! C44issi# " *# ""!#s! CODE:
SCISI
10 'ight to remain silent
20 'ight to have &ompetent and independent consel1 preferably of his own choice
30 'ight to provided with the services of consel if he cannot afford the services of one.
!0 'ight to be informed of these rights.
W'!# %i+'$s *%! *-*i)*6)!:
10 A(T*' a person has been ta@en into cstody or
20 When a person is otherwise deprived of his freedom of action in any significant way.
30 When the investigation is being condcted by the government -police1 B<H1 )4%0
with respect to a criminal offense.
!0 ,igning of arrest reports and boo@ing sheets.
W'!# %i+'$s *%! #$ *-*i)*6)!:
10 Bring a police line8p. *7ception: <nce there is a move among the investigators to
elicit admissions or confessions from the sspect.
20 Bring administrative investigations.
30 "onfessions made by an accsed at the time he volntarily srrendered to the police
or otside the conte7t of a formal investigation.
!0 ,tatements made to a private person.
EI&)1si#*%/ %1)!
10 Any confession or admission obtained in violation of this section shall be
inadmissible in evidence against him -the accsed0.
20 Therefore1 any evidence obtained by virte of an illegally obtained confession is also
inadmissible1 being the frit of a poisoned tree.
R!91isi$!s " -*)i2 .*i-!%:
10 Waiver shold be made in W'%T%)3
20 Waiver shold be made in the P'*,*)"* <( "<C),*+.
S!&$i# 1=5 Ri+'$ $ 6*i)
W' *%! !#$i$)!2 $ 6*i):
10 All persons A"TCA++= B*TA%)*B
20 shall1 4*(<'* "<)>%"T%<)
30 4e entitled to bail.
21
W' *%! #$ !#$i$)!2 $ 6*i):
10 Persons charged with offenses PC)%,DA4+* by '*"+C,%<) P*'P*TCA or
B*ATD1 when evidence of gilt is strong
20 Persons "<)>%"T*B by the trial cort. 4ail is only discretionary pending appeal.
30 Persons who are members of the A(P facing a cort martial.
O$'!% %i+'$s i# %!)*$i# $ 6*i)5
10 The right to bail shall )<T be impaired even when the privilege of the writ of habeas
corps is sspended.
20 *7cessive bail shall not be re5ired.
F*&$%s &#si2!%!2 i# s!$$i#+ $'! *41#$ " 6*i):
10 Ability to post bail
20 )atre of the offense
30 Penalty imposed by law
!0 "haracter and reptation of the accsed
$0 Dealth of the accsed
&0 ,trength of the evidence
A0 Probability of appearing at the trial
.0 (orfeitre of previos bail bonds
/0 Whether accsed was a fgitive from jstice when arrested
120 %f accsed is nder bond in other cases
I4()i&i$ )i4i$*$i#s # $'! %i+'$ $ 6*i):
1. The person claiming the right mst be in actal detention or cstody of the law.
2. The constittional right is available only in criminal cases1 not1 e.g. in deportation
proceedings.
N$!:
1. 'ight to bail is not available in the military.
2. Apart from bail1 a person may attain provisional liberty throgh recogni9ance.
S!&$i# 1@5 Ri+'$s " *# *&&1s!2
Ri+'$s " * (!%s# &'*%+!2 .i$' * &%i4i#*) ""!#s!
1. 'ight to de process of law
2. 'ight to be presmed innocent
3. 'ight to be heard by himself and consel
!. 'ight to be informed of the natre and case of the accsation against him
$. 'ight to have a speedy1 impartial and pblic trial
&. 'ight to meet the witnesses face to face
A. 'ight to have complsory process to secre the attendance of witnesses and the
prodction of evidence in his behalf
%DU! P&#!SS'
This means that the accsed can only be convicted by a tribnal which is re5ired to
comply with the stringent re5irements of the rles of criminal procedre.
%P&!SU$PTI#N #( INN#!N!'
The "onstittion does not prohibit the legislatre from providing that proof of certain
facts leads to a prima facie presmption of gilt1 provided that the facts proved have a
reasonable connection to the ltimate fact presmed.
Presmption of gilt shold not be conclsive.
22
%&IG)T T# B! )!A& B* )I$S!L( AND #UNS!L'
T'! %i+'$ $ 6! '!*%2 i#&)12!s $'! ")).i#+ %i+'$s:
1. 'ight to be present at the trial
A. The right to be present covers the period from A''A%3)?*)T to
P'<?C+3AT%<) of sentence.
4. After arraignment1 trial may proceed notwithstanding absence of accsed1
provided 2 re5isites are met. )ote1 that trial in absentia is allowed only if the
accsed has been validly arraigned.
-i0 Accsed has been dly notified# and
-ii0 Dis failre to appear is njstifiable.
". The accsed may waive the right to be present at the trial by not showing p.
Dowever1 the cort can still compel the attendance of the accsed if
necessary for identification prposes. *I"*PT%<): %f the accsed1 after
arraignment1 has stiplated that he is indeed the person charged with the
offense and named in the information1 and that any time a witness refers to a
name by which he is @nown1 the witness is to be nderstood as referring to
him.
B. While the accsed is entitled to be present dring promlgation of
jdgement1 the absence of his consel dring sch promlgation does not
affect its validity.
2. 'ight to consel
-a0 'ight to consel means the right to *((*"T%>* '*P'*,*)TAT%<).
-b0 %f the accsed appears at arraignment withot consel1 the jdge mst:
-i0 %nform the accsed that he has a right to a consel before arraignment
-ii0 As@ the accsed if he desires the aid of consel
-iii0 %f the accsed desires consel1 bt cannot afford one1 a consel de oficio
mst be appointed
-iv0 %f the accsed desires to obtain his own consel1 the cort mst give him
a reasonable time to get one.
3. 'ight to an impartial jdge
!. 'ight of confrontation and cross8e7amination
$. 'ight to complsory process to secre the attendance of witnesses
%&IG)T T# B! IN(#&$!D #( T)! NATU&! AND AUS! #( AUSATI#N
AGAINST )I$'
P1%(s!s " $'! %i+'$:
10 To frnish the accsed with a description of the charge against him as will enable
him to ma@e his defenses
20 To avail himself of his conviction or ac5ittal against a frther prosection for the
same case
30 To inform the cort of the facts alleged.
%f the information fails to allege the material elements of the offense1 the accsed cannot
be convicted thereof even if the prosection is able to present evidence dring the trial
with respect to sch elements.
The real natre of the crime charged is determined from the recital of facts in the
information. %t is not determined based on the caption or preamble thereof nor from the
specification of the provision of law allegedly violated.
23
%&IG)T T# SP!!D*, I$PA&TIAL AND PUBLI T&IAL'
F*&$%s 1s!2 i# 2!$!%4i#i#+ .'!$'!% $'! %i+'$ $ * s(!!2/ $%i*) '*s 6!!# -i)*$!2
10 Time e7pired from the filing of the information
20 +ength of delay involved
30 'easons for the delay
!0 Assertion or non8assertion of the right by the accsed
$0 Prejdice cased to the defendant.
E""!&$ " 2is4iss*) 6*s!2 # $'! +%1#2 " -i)*$i# " $'! *&&1s!2Ks %i+'$ $
s(!!2/ $%i*)
%f the dismissal is valid1 it amonts to an ac5ittal and can be sed as basis to claim
doble jeopardy. This wold be the effect even if the dismissal was made with the
consent of the accsed
R!4!2/ " $'! *&&1s!2 i" 'is %i+'$ $ s(!!2/ $%i*) '*s 6!!# -i)*$!2
De can move for the dismissal of the case.
%f he is detained1 he can file a petition for the issance of writ of habeas corps.
D!"i#i$i# " i4(*%$i*) $%i*)
The accsed is entitled to the Fcold netrality of an impartial jdgeG.
%t is an element of de process.
D!"i#i$i# " (16)i& $%i*)
The attendance at the trial is open to all irrespective of their relationship to the accsed.
Dowever1 if the evidence to be addced is Foffensive to decency or pblic moralsG1 the
pblic may be e7clded.
The right of the accsed to a pblic trial is not violated if the hearings are condcted on
,atrdays1 either with the consent of the accsed or if failed to object thereto.
%&IG)T T# $!!T +ITN!SS (A! T# (A!'
P1%(s!s " $'! %i+'$:
1. To afford the accsed an opportnity to cross8e7amine the witness
2. To allow the jdge the opportnity to observe the deportment of the witness
F*i)1%! " $'! *&&1s!2 $ &%ssD!I*4i#! * .i$#!ss
%f the failre of the accsed to cross8e7amine a witness is de to his own falt or was not
de to the falt of the prosection1 the testimony of the witness shold be e7clded.
W'!# $'! %i+'$ $ &%ssD!I*4i#! is 2!4*#2*6)!
%t is demandable only dring trials. Ths1 it cannot be availed of dring preliminary
investigations.
P%i#&i(*) !I&!($i#s $ $'! %i+'$ " &#"%#$*$i#
1. The admissibility of Fdying declarationsG
2. Trial in absentia nder ,ection 1!-20
3. With respect to child testimony
2!
S!&$i# 1B5 A)) (!%s#s s'*)) '*-! $'! %i+'$ $ * s(!!2/ 2is(si$i# " $'!i% &*s!s
6!"%! *)) 012i&i*)8 91*siD012i&i*)8 % *24i#is$%*$i-! 62i!s5
Dis$i#&$i# 6!$.!!# S!&$i# 1@ *#2 S!&$i# 1B
While the rights of an accsed only apply to the trial phase of criminal cases1 the right to
a speedy disposition of cases covers A++ phases of HCB%"%A+1 JCA,%8HCB%"%A+ or
AB?%)%,T'AT%>* proceedings.
S!&$i# 1C5 N (!%s# s'*)) 6! &4(!))!2 $ 6! * .i$#!ss *+*i#s$ 'i4s!)"5
W'!# is * 91!s$i# i#&%i4i#*$i#+:
A 5estion tends to incriminate when the answer of the accsed or the witness wold
establish a fact which wold be a necessary lin@ in a chain of evidence to prove the
commission of a crime by the accsed or the witness.
Dis$i#&$i# 6!$.!!# *# *&&1s!2 *#2 *# %2i#*%/ .i$#!ss
1. An accsed can refse to ta@e the witness stand by invo@ing the right against self8
incrimination.
2. An ordinary witness cannot refse to ta@e the stand. De can only refse to answer
specific 5estions which wold incriminate him in the commission of an offense.
S&(! " %i+'$
1. What is P'<D%4%T*B is the se of physical or moral complsion to e7tort
commnication from the witness or to otherwise elicit evidence which wold not
e7ist were it not for the actions compelled from the witness.
2. The right does )<T P'<D%4%T the e7amination of the body of the accsed or the
se of findings with respect to his body as physical evidence. Dence1 the
fingerprinting of an accsed wold not violate the right against self8incrimination.
Dowever1 obtaining a sample of the handwriting of the accsed wold violate this
right if he is charged for falsification.
3. The accsed cannot be compelled to prodce a private docment in his possession
which might tend to incriminate him. Dowever1 a third person in cstody of the
docment may be compelled to prodce it.
W'!# $'! %i+'$ &*# 6! i#-?!2:
1. %n criminal cases
2. %n administrative proceedings if the accsed is liable to a penalty -*7. (orfeitre of
property0
W' &*# i#-?! $'! %i+'$:
<nly natral persons. Hdicial persons are sbject to the visitorial powers of the state in
order to determine compliance with the conditions of the charter granted to them.
S!&$i# 1E5 Ri+'$ *+*i#s$ i#-)1#$*%/ s!%-i$12!
D!"i#i$i# " i#-)1#$*%/ s!%-i$12!
%t is every condition of enforced or complsory service of one to another no matter nder
what form sch servitde may be disgised.
EI&!($i#s:
1. Pnishment for a crime for which the party has been dly convicted
2. Personal military or civil service in the interest of national defense
3. 'etrn to wor@ order issed by the B<+* ,ecretary or the President
2$
S!&$i# 1J5 P%'i6i$i# *+*i#s$ &%1!)8 2!+%*2i#+ *#2 i#'14*# (1#is'4!#$
W'!# is * (!#*)$/ ,&%1!)8 2!+%*2i#+ *#2 i#'14*#3H
1. A penalty is crel and inhman if it involves tortre or lingering sffering. *7. 4eing
drawn and 5artered.
2. A penalty is degrading if it e7poses a person to pblic hmiliation. *7. 4eing tarred
and feathered1 then paraded throghot town.
S$*#2*%2s 1s!2:
1. The pnishment mst not be so severe as to be degrading to the dignity of hman
beings.
2. %t mst not be applied arbitrarily.
3. %t mst not be nacceptable to contemporary society
!. %t mst not be e7cessive1 i.e. it mst serve a penal prpose more effectively than a
less severe pnishment wold.
EI&!ssi-! "i#!
A fine is e7cessive1 when nder any circmstance1 it is disproportionate to the offense.
)ote: (r. 4ernas says that the accsed cannot be convicted of the crime to which the
pnishment is attached if the cort finds that the pnishment is crel1 degrading or
inhman.
'eason: Withot a valid penalty1 the law is not a penal law.
S!&$i# 205 N (!%s# s'*)) 6! i4(%is#!2 "% 2!6$ % ##D(*/4!#$ " * ()) $*I5
D!"i#i$i# " 2!6$ 1#2!% S!&$i# 20
10 Bebt refers to a "<)T'A"TCA+ obligation1 whether e7press or implied1 reslting in
any liability to pay money. Ths1 all other types of obligations are not within the
scope of this prohibition.
20 Ths1 if an accsed fails to pay the fine imposed pon him1 this may reslt in his
sbsidiary imprisonment becase his liability is e7 delicto and not e7 contract.
30 A ('ACBC+*)T debt may reslt in the imprisonment of the debtor if:
A. The fradlent debt constittes a crime sch as estafa and
4. The accsed has been dly convicted.
S!&$i# 215 N (!%s# s'*)) 6! $.i&! (1$ i# 0!(*%2/ " (1#is'4!#$ "% $'! s*4!
""!#s!5 I" *# *&$ (1#is'!2 6/ * )*. *#2 *# %2i#*#&!8 &#-i&$i# % *&91i$$*)
1#2!% !i$'!% s'*)) &#s$i$1$! * 6*% $ *#$'!% (%s!&1$i# "% $'! s*4! *&$5
R!91isi$!s "% * -*)i2 2!"!#s! " 216)! 0!(*%2/: CODE: ATS
10 (irst jeopardy mst have attached prior to the second.
20 The first jeopardy mst have terminated*
30 The second jeopardy mst be for the same offense as that in the first.
W'!# 2!s 0!(*%2/ ATTACH: (1
s$
%!91isi$!) CODE: CICAV
10 A person is charged
20 Cnder a complaint or information sfficient in form and sbstance to sstain a
conviction
30 4efore a cort of competent jrisdiction
!0 After the person is arraigned
$0 ,ch person enters a valid plea.
2&
W'!# 2!s 0!(*%2/ NOT *$$*&':
10 %f information does not charge any offense
20 %f1 pon pleading gilty1 the accsed presents evidence of complete self8defense1
and the cort thereafter ac5its him withot entering a new plea of not gilty for
accsed.
30 %f the information for an offense cogni9able by the 'T" is filed with the ?T".
!0 %f a complaint filed for preliminary investigation is dismissed.
W'!# 2!s "i%s$ 0!(*%2/ TERMINATE: (2
ND
RELUISITE)
10 Ac5ittal
20 "onviction
30 Bismissal WK< the *IP'*,, consent of the accsed
!0 Bismissal on the merits.
EI*4()!s " $!%4i#*$i# " 0!(*%2/:
10 Bismissal based on violation of the right to a speedy trial. This amonts to an
ac5ittal.
20 Bismissal based on a demrrer to evidence. This is a dismissal on the merits.
30 Bismissal on motion of the prosection1 sbse5ent to a motion for reinvestigation
filed by the accsed.
!0 Bischarge of an accsed to be a state witness. This amonts to an ac5ittal.
W'!# &*# $'! PROSECUTION *((!*) "%4 *# %2!% " 2is4iss*):
10 %f dismissal is on motion of the accsed. *7ception: %f motion is based on violation
of the right to a speedy trial or on a demrrer to evidence.
20 %f dismissal does )<T amont to an ac5ittal or dismissal on the merits
30 %f the 5estion to be passed pon is prely legal.
!0 %f the dismissal violates the right of de process of the prosection.
$0 %f the dismissal was made with grave abse of discretion.
W'*$ *%! &#si2!%!2 $ 6! $'! ,SAME OFFENSE3: (1#2!% $'! 1
s$
s!#$!#&! "
S!&$i# 21)
10 *7act identity between the offenses charged in the first and second cases.
20 <ne offense is an attempt to commit or a frstration of the other offense.
30 <ne offense is necessarily inclded or necessary incldes the other.
&ote. where a single act reslts in the violation of different laws or different provisions of
the same law1 the prosection for one will not bar the other so long as none of the
e7ceptions apply.
D!"i#i$i# " 216)! 0!(*%2/ (2
#2
s!#$!#&! " S!&5 21)
Boble jeopardy will reslt if the act pnishable nder the law and the ordinance are the
same. (or there to be doble jeopardy1 it is not necessary that the offense be the same.
SUPERVENIN7 FACTS
10 Cnder the 'les of "ort1 a conviction for an offense will not bar a prosection for an
offense which necessarily incldes the offense charged in the former information
where:
A. The graver offense developed de to a spervening fact arising from the
same act or omission constitting the former charge.
4. The facts constitting the graver offense became @nown or were discovered
only after the filing of the former information.
". The plea of gilty to the lesser offense was made withot the consent of the
fiscal and the offended party.
2A
20 Cnder -10-b01 if the facts cold have been discovered by the prosection bt were not
discovered becase of the prosectionEs incompetence1 it wold not be considered a
spervening event.
E""!&$ " *((!*) 6/ $'! *&&1s!2:
%f the accsed appeals his conviction1 he WA%>*, his right to plead doble jeopardy.
The whole case will be open to review by the appellate cort. ,ch cort may even
increase the penalties imposed on the accsed by the trial cort.
S!&$i# 225 N !I (s$ "*&$ )*. % 6i)) " *$$*i#2!% s'*)) 6! !#*&$!25
D!"i#i$i# " !ID(s$ "*&$ )*.5
10 <ne which ma@es an action done before the passing of the law1 and which was
innocent when done1 criminal1 and pnishes sch action.
20 <ne which aggravates the crime or ma@es it greater than when it was committed.
30 <ne which changes the pnishment and inflicts a greater pnishment than that
which the law anne7ed to the crime when it was committed.
!0 <ne which alters the legal rles of evidence and receives less testimony than the
law re5ired at the time of the commission of the offense in order to convict the
accsed.
$0 <ne which assmes to reglate civil rights and remedies only 4CT1 in effect1
imposes a penalty or deprivation of a right1 which1 when done1 was lawfl.
&0 <ne which deprives a person accsed of a crime of some lawfl protection to which
he has become entitled sch as the protection of a former conviction or ac5ittal1 or
a proclamation of amnesty.
&ote. The prohibition on e7 post facto laws only applies to retrospective P*)A+ laws.
D!"i#i$i# " BILL OF ATTAINDER
10 A bill of attainder is a +*3%,+AT%>* act which inflicts pnishment WK< HCB%"%A+
trial.
20 The bill of attainder does not need to be directed at a specifically named person. %t
may also refer to easily ascertainable members of a grop in sch a way as to inflict
pnishment on them withot jdicial trial.
30 *lements of the bill of attainder
A. There mst be a +AW.
4. The law imposes a P*)A+ brden on a )A?*B %)>%B%BCA+K*A,%+=
A,"*'TA%)A4+* ?*?4*', of a 3'<CP.
". The penal brden is imposed B%'*"T+= by the +AW WK< HCB%"%A+ trial.
ARTICLE IV CITIMENSHIP
W' *%! &i$i<!#s " $'! P'i)i((i#!sH
10 Those who are citi9ens of the Philippines at the time of the adoption of the 1/.A
"onstittion
20 Those whose fathers or mothers are citi9ens of the Philippines.
30 Those born before Hanary 1A1 1/A3 of (ilipino mothers1 who elect Philippine
citi9enship pon reaching the age of majority.
!0 Those who are natrali9ed in accordance with law.
M2!s " *&91i%i#+ &i$i<!#s'i(:
10 Hs ,oli 6 ac5isition of citi9enship on the basis of place of birth
20 Hs ,anginis 6 ac5isition of citi9enship on the basis of blood relationship
30 )atrali9ation 6 the legal act of adopting an alien and clothing him with the privilege
of a native8born citi9en.
2.
&ote. The Philippines follows -20 and -30
E)!&$i# " &i$i<!#s'i( 1#2!% $'! 1JEC C#s$i$1$i#:
Prior to the 1/A3 "onstittion1 if a (ilipina married an alien1 she lost her (ilipino
citi9enship. Dence1 her child wold have to elect (ilipino citi9enship pon reaching the
age of majority. Cnder the 1/A3 "onstittion1 however1 children born of (ilipino mothers
were already considered (ilipinos. Therefore1 the provision on election of citi9enship
nder the 1/.A "onstittion only applies to those persons who were born nder the
1/3$ "onstittion. %n order for the children to elect (ilipino citi9enship1 the mothers mst
have been (ilipinos at the time of their marriage. ,o1 if yor mother was a (ilipina who
married an alien nder the 1/3$ constittion and yo were born before Hanary 1A1
1/A31 yo can elect (ilipino citi9enship pon reaching the age of majority.
W'!# 41s$ $'! !)!&$i# 6! 4*2!:
The election mst be made within a reasonable period after reaching the age of majority.
E""!&$s " #*$1%*)i<*$i#:
10 The legitimate minor children of the natrali9ed father become (ilipinos as well.
20 The wife also becomes a (ilipino citi9en1 provided that she does not have any
dis5alification which wold bar her from being natrali9ed.
N*$1%*)D6%# &i$i<!#s:
10 "iti9ens of the Philippines from birth who do not need to perform any act to ac5ire
or perfect their Philippine citi9enship.
20 Those who elect Philippine citi9enship nder Art. %>1 ,ec. 1-30 of 1/.A "onstittion.
M*%%i*+! " Fi)i(i# .i$' *# *)i!#:
10 General Rule. The (ilipino '*TA%), Philippine citi9enship
20 E-ception. %f1 by their act or omission they are deemed1 nder the law1 to have
renonced it.
EI*4()!s " %!#1#&i*$i# " P'i)i((i#! &i$i<!#s'i(:
10 >olntarily obtaining foreign passport
20 Pledging allegiance to another contry -e7. by becoming a natrali9ed citi9en of
another contry0
R!D*&91isi$i# " &i$i<!#s'i(
)atral8born (ilipinos who are deemed to have lost their citi9enship may re8ac5ire the
same via repatriation proceedings. This involves ta@ing an oath of allegiance and filing
the same with the civil registry.
H. 4*/ #! )s! &i$i<!#s'i(:
1. 4y natrali9ation in a foreign contry
2. 4y e7press rennciation of citi9enship
3. 4y sbscribing oath or allegiance to a foreign "onstittion
!. 4y serving in the armed forces of an enemy contry
$. 4y being a deserter of the armed forces of oneEs contry
H. 4*/ #! %!*&91i%! &i$i<!#s'i(:
1. 4y direct act of "ongress
2. 4y natrali9ation
3. 4y repatriation
2/
ARTICLE V SUFFRA7E
L1*)i"i&*$i#s: CODE: CD1ERR
10 Citi9en of the Philippines
20 )ot Dis5alified by law
30 At least 1E years old
!0 Resident of the Philippines for at least 1 year
$0 Resident of the place wherein heKshe proposes to vote for at least & months
immediately preceding the election.
&ote. )< literacy1 property or other sbstantive re5irement can be imposed on the
e7ercise of sffrage.
R!si2!#&/ %!91i%!4!#$
Residency, under rticle ) has : senses.
1. '"%$C$LE 6 This is in reference to the 1 year residency re5irement in the
Philippines.
2. T*?P<'A'= '*,%B*)"* 6 This is in reference to the & month residency
re5irement in the place where one wants to vote. %n this case1 residence can either
mean domicile or temporary residence.
Dis91*)i"i&*$i#s:
10 Any person sentenced by final jdgment to imprisonment of not less than 1 year1
which disability has not been removed by plenary pardon.
20 Any person adjdged by final jdgment of having violated his allegiance to the
'epblic of the Philippines.
30 %nsane or feeble8minded persons.
&ote Cnder the 2
nd
dis5alification1 the right to vote is atomatically re8ac5ired pon
the e7piration of $ years after the service of sentence.
ARTICLE VI THE LE7ISLATIVE DEPARTMENT
SEC5 15 T'! )!+is)*$i-! (.!% s'*)) 6! -!s$!2 i# $'! C#+%!ss " $'! P'i)i((i#!s8
.'i&' s'*)) &#sis$ " * S!#*$! *#2 * H1s! " R!(%!s!#$*$i-!s8 !I&!($ $ $'!
!I$!#$ %!s!%-!2 $ $'! (!()! 6/ $'! (%-isi# # i#i$i*$i-! *#2 %!"!%!#2145
D!"i#i$i# " L!+is)*$i-! P.!%:

The athority to ma@e laws and to alter or repeal them.
C)*ssi"i&*$i# " )!+is)*$i-! (.!%: (O D! CO)
1. Original 6 Possessed by the people in their sovereign capacity
2. D!legated 6 Possessed by "ongress and other legislative bodies by virte of the
"onstittion
3. Constitent 6 The power to amend or revise the "onstittion
!. Ordinary 6 The power to pass ordinary laws
N$!:
The original legislative power of the people is e7ercised via initiative and referendm. %n
this manner1 people can directly propose and enact laws1 or approve or reject any act or
law passed by "ongress or a local government nit.
Li4i$s # $'! )!+is)*$i-! (.!% " C#+%!ss:
1. ,bstantive 6 limitations on the content of laws. *.g. no law shall be passed
establishing a state religion.
32
2. Procedral 6 limitations on the manner of passing laws. *.g. generally a bill mst go
throgh three readings on three separate days.
N$!:
Provided that these two limitations are not e7ceeded1 "ongressE legislative power
is plenary.
C%))*%i!s " )!+is)*$i-! (.!%:
1. "ongress cannot pass irrepealable laws. ,ince "ongressE powers are plenary1 and
limited only by the "onstittion1 any attempt to limit the powers of ftre "ongresses
via an irrepealable law is not allowed.
2. "ongress1 as a general rle1 cannot delegate its legislative power. ,ince the people
have already delegated legislative power to "ongress1 the latter cannot delegate it
any frther.
EFCEPTIONS:
1. Belegation of legislative power to local government nits#
2. %nstances when the "onstittion itself allows for sch delegation :see Art. >% ,ec.
23-20;
W'*$ 4*/ C#+%!ss 2!)!+*$!:
"ongress can only delegate1 sally to administrative agencies1 'C+*8?AN%)3
P<W*' or +AW *I*"CT%<). This involves either of two tas@s for the administrative
agencies:
1. F(illing p the detailsG on an otherwise complete statte# or
2. Ascertaining the facts necessary to bring a FcontingentG law or provision into
actal operation.
S!&$i#s 2D@5 SENATE
C4(si$i#
2! senators who shall be elected at large by the 5alified voters of the Philippines1 as
may be provided by law.
L1*)i"i&*$i#s
1. )atral8born citi9en#
2. At least 3$ years old on the day of election#
3. Able to read and write#
!. A registered voter# and
$. Philippine resident for at least 2 years immediately preceding the day of the election.
N$!: The 5alifications of both ,enators and ?embers of the Dose are limited to
those provided by the "onstittion. "ongress cannot1 by law1 add or sbtract from these
5alifications.
T!%4 " O""i&!:
& years1 commencing -nless otherwise provided by law0 at noon1 32 Hne ne7t following
their election.
T!%4 Li4i$*$i#s:
1. )o ,enator shall serve for more than 2 consective terms.
2. >olntary rennciation of office for any length of time shall not be considered as an
interrption in the continity of his service for the fll term for which he was elected.
31
S!&$i#s ADC5 HOUSE OF REPRESENTATIVES
C4(si$i#:
1. )ot more than 2$ members1 nless otherwise fi7ed by law# and
2. Party8list 'epresentatives
E)!&$i# " 2A0 4!46!%s
1. They shall be elected from legislative districts apportioned among the provinces1
cities and the ?etropolitan ?anila area.
2. +egislative districts are apportioned in accordance with the nmber of inhabitants of
each area and on the basis of a niform and progressive ratio.
a. *ach district shall comprise1 as far as practicable1 contigos1 compact and
adjacent territory#
b. *ach city with at least 2$21222 inhabitants will be entitled to at least one
representative.
c. *ach province will have at least one representative.
d. +egislative districts shall be re8apportioned by "ongress within 3 years after
the retrn of each censs. According to Hac@1 however1 while the
apportionment of districts is )<T a political 5estion1 the jdiciary "A))<T
compel "ongress to do this.
e. The standards sed to determine the apportionment of legislative districts is
meant to prevent PgerrymanderingE1 which is the formation of a legislative
district ot of separate territories so as to favor a particlar candidate or party.
L1*)i"i&*$i#s
1. )atral born citi9en of the Philippines#
2. At least 2$ years old on the day of the election#
3. Able to read and write#
!. 'egistered voter in the district he see@s to represent# and
$. A resident of sch district for at least one year immediately preceding the day of the
election.
T!%4 " O""i&!
1. *ach member of the Dose shall be elected for a term of three -30 years which shall
commence -nless otherwise provided for by law0 at noon on 32 Hne ne7t following
their election.
2. >olntary rennciation of office for any length of time shall not be considered as an
T!%4 Li4i$*$i#s
)o member of the Dose of 'epresentatives shall serve for more than three -30
consective terms.
Dis$i#&$i#s 6!$.!!# T!%4 *#2 T!#1%!
1. Befinition
a. Terms means the period dring which the elected officer is legally athori9ed
to assme his office and e7ercise the powers thereof.
b. Tenre is the actal period dring which sch officer actally holds his
position.
2. +imitationKPossible 'edction
a. Term "A))<T be redced.
b. Tenre ?A=1 by law1 be limited. Ths1 a provision which considers an elective
office atomatically vacated when the holder thereof files a certificate of
candidacy for another elective office -e7cept President and >ice8President0 is
valid1 as it only affects the officers tenre and )<T his constittional term.
32
P*%$/DLis$ R!(%!s!#$*$i-!s
1. "onstitte 22Q of the total nmber of representatives1 inclding those nder the
party8list system -ths a ma7imm of $2 party8list members of the Dose0
2. Dowever1 for 3 consective terms from 2 (ebrary 1/.A -i.e.1 the 1/.A8/21 /28/$ and
/$8/. terms01 2$ seats shall be allotted to sectoral representatives. Cnder Art. I>%%%1
,ec. A1 the sectoral representatives are to be appointed by the President ntil
legislation otherwise provides.
3. ?echanics of the party8list system:
a. 'egistered organi9ations sbmit a list of candidates in order of priority.
b. Bring the elections1 these organi9ations are voted for at large.
c. The nmber of seats that each organi9ation gets ot of the 22Q allotted to
the system depends on the nmber of votes they get.
!. Jalifications
a. )atral born citi9en of the Philippines
b. At least 2$ years of age on the day of the election
c. Able to read and write
SEC5 J5 I# &*s! " -*&*#&/ i# $'! S!#*$! % i# $'! H1s! " R!(%!s!#$*$i-!s8 *
SPECIAL ELECTION 4*/ 6! &*))!2 $ "i)) s1&' -*&*#&/ i# $'! 4*##!% (%!s&%i6!2
6/ )*.8 61$ $'! S!#*$% % M!46!% " $'! H1s! " R!(%!s!#$*$i-!s $'1s !)!&$!2
s'*)) s!%-! #)/ "% $'! 1#!I(i%!2 $!%45
SEC5 105 S*)*%i!s " S!#*$%s *#2 M!46!%s " $'! H1s!
D!$!%4i#*$i# " S*)*%i!s:
,alaries of ,enators and ?embers of the Dose of 'epresentatives shall be determined
by law.
R1)! # i#&%!*s! i# s*)*%i!s:
)o increase in their salaries shall ta@e effect ntil after the *IP%'AT%<) <( TD*
(C++ T*'? -)<T T*)C'*0 <( A++ TD* ?*?4*', <( TD* ,*)AT* A)B TD*
D<C,* <( '*P'*,*)TAT%>*, APP'<>%)3 ,C"D %)"'*A,*.
)ote: ,ince the "onstittion Pprovides for rles on FsalariesG and not on Pemolments1E
or distingished legislators can appropriate for themselves other sms of money sch
as travel allowances1 as well as other side Pbenefits.E
SEC5 11: CON7RESSIONAL IMMUNITIES
1.0 %mmnity from arrest:
a. +egislators are privileged from arrest while "ongress is Fin sessionG with respect
to offenses pnishable by p to & years of imprisonment. Ths1 whether
"ongress is in reglar or special session1 the immnity from arrest applies.
b. %f "ongress is in recess1 members thereof may be arrested.
c. The immnity is only with respect to arrests and )<T to prosection for criminal
offenses.
2.0 +egislative privilege:
a. )o member shall be 5estioned or held liable in any form other than hisKher
respective "ongressional body for any debate or speech in the "ongress or in
any "ommittee thereof.
33
b. +imitation on the privilege:
-i0 Protection is only against form other than "ongress itself. Ths for
inflammatory remar@s which are otherwise privileged1 a member may be
sanctioned by either the ,enate or the Dose as the case may be.
-ii0 The Pspeech or debateE mst be made in performance of their dties as
members of "ongress. This incldes speeches delivered1 statements
made1 votes cast1 as well as bills introdced1 and other activities done in
performance of their official dties.
-iii0 "ongress need )<T be in session when the tterance is made1 as long
as it forms part of Plegislative action1E i.e. part of the deliberative and
commnicative process sed to participate in legislative proceedings in
consideration of proposed legislation or with respect to other matters with
"ongressE jrisdiction.
SEC5 125 A)) M!46!%s " $'! S!#*$! *#2 $'! H1s! " R!(%!s!#$*$i-!s s'*))8 1(#
*ss14($i# " ""i&!8 4*?! * "1)) 2is&)s1%! " $'!i% "i#*#&i*) *#2 61si#!ss
i#$!%!s$s5 T'!/ s'*)) #$i"/ $'! H1s! &#&!%#!2 " * ($!#$i*) &#")i&$ " i#$!%!s$
$'*$ 4*/ *%is! "%4 $'! "i)i#+ " * (%(s!2 )!+is)*$i# " .'i&' $'!/ *%! *1$'%s5
SEC5 1=D1@: CON7RESSIONAL DISLUALIFICATIONS:
Dis91*)i"i&*$i#s:
DISLUALIFICATION WHEN APPLICABLE
1. ,enatorK?ember of the Dose cannot
hold any other office or employment in the
3overnment or any sbdivision1 agency or
%nstrmentality thereof1 inclding 3<"",
or their sbsidiaries.
Bring his term. %f he does so1 he forfeits
his seat.
2. +egislators cannot be appointed to any
office.
%( the office was created or the
emolments thereof increased dring the
term for which he was elected.
3. +egislators cannot personally appear as
consel before any cort of jstice1
electoral tribnal1 5asi8jdicial and
administrative bodies.
Bring his term of office.
!. +egislators cannot be financially
interested directly or indirectly in any
contract with or in any franchise1 or special
privilege granted by the 3overnment1 or
any sbdivision1 agency or instrmentality
thereof1 inclding any 3<"" or its
sbsidiary.
Bring his term of office.
$. +egislators cannot intervene in any
matter before any office of the
government.
When it is for his pecniary benefit or
where he may be called pon to act on
accont of his office.
SEC5 1A: RE7ULAR AND SPECIAL SESSIONS
R!+1)*% S!ssi#s:
1.0 "ongress convenes once every year on the !
th
?onday of Hly -nless otherwise
provided for by law0
2.0 "ontines in session for as long as it sees fit1 ntil 32 days before the opening of the
ne7t reglar session1 e7clding ,atrdays1 ,ndays1 and legal holidays.
3!
S(!&i*) S!ssi#s:
"alled by the President at any time when "ongress is not in session.
SEC5 1B5 O""i&!%s:
1.0 ,enate President#
2.0 ,pea@er of the Dose# and
3.0 *ach Dose may choose sch other officers as it may deem necessary.
E)!&$i# " O""i&!%s
4y a majority vote of all respective members.
L1%14 $ 2 61si#!ss:
1. ?ajority of each Dose shall constitte a 5orm.
2. A smaller nmber may adjorn from day to day and may compel the attendance of
absent members.
3. %n compting a 5orm1 members who are otside the contry and ths otside of
each DoseEs coercive jrisdiction are not inclded.
I#$!%#*) R1)!s:
1. *ach Dose shall determine its own procedral rles.
2. ,ince this is a power vested in "ongress as part of its inherent powers1 nder the
principle of separation of powers1 the corts cannot intervene in the implementation
of these rles insofar as they affect the members of "ongress.
3. Also1 since "ongress has the power to ma@e these rles1 it also has the power to
ignore them when circmstances so re5ire.
Dis&i()i#!:
1.0 ,spension
a. "oncrrence of 2K3 of A++ its members and
b. ,hall not e7ceed &2 days.
2.0 *7plsion
a. "oncrrence of 2K3 of A++ its members.
C#+%!ssi#*) G1%#*)s *#2 R!&%2s:
1.0 The Hornal is conclsive pon the corts.
2.0 4CT an enrolled bill prevails over the contents of the Hornal.
3.0 An enrolled bill is the official copy of approved legislation and bears the certifications
of the presiding officers of each Dose. Ths where the certifications are valid and
are not withdrawn1 the contents of the enrolled bill are conclsive pon the corts as
regards the provision of that particlar bill.
A201%#4!#$s:
1.0 )either Dose can adjorn for more than 3 days dring the time "ongress is in
session withot the consent of the other Dose.
2.0 )either can they adjorn to any other place than that where the two hoses are
sitting1 withot the consent of the other.
S!&$i# 1C: THE ELECTORAL TRIBUNAL
T'! S!#*$! *#2 $'! H1s! s'*)) !*&' '*-! *# E)!&$%*) T%i61#*) .'i&' s'*)) 6!
&4(s!2 ":
1. 3 ,preme "ort Hstices to be designated by the "hief Hstice# R
2. & ?embers of the ,enate or Dose1 as the case may be.
The senior Hstice in the *lectoral Tribnal shall be its "hairman.
3$
)ote: The congressional members of the *TEs shall be chosen on the basis of
proportional representation from the political parties and party8list organi9ations.
G1%is2i&$i#:
1.0 *ach *T shall be the sole jdge of all "<)T*,T, relating to the election1 retrns1
and 5alifications of their respective members. This incldes determining the validity
or invalidity of a proclamation declaring a particlar candidate as the winner.
2.0 An Pelection contestE is one where a defeated candidate challenges the 5alification
and claims for himself the seat of a proclaimed winner.
3.0 %n the absence of an election contest1 the *T is withot jrisdiction. Dowever1 the
power of each Dose to e7pel its own members or even to defer their oath8ta@ing
ntil their 5alifications are determined may still be e7ercised even withot an
election contest.
Iss1!s %!+*%2i#+ $'! E)!&$%*) T%i61#*)s:
1.0 ,ince the *TEs are independent constittional bodies1 independent even of the
Dose from which the members are respectively ta@en1 neither "ongress nor the
"orts may interfere with procedral matters relating to the fnctions of the *TEs1
sch as the setting of deadlines or filing their election contests with the respective
*Ts.
2.0 The *Ts being independent bodies1 its members may not be arbitrarily removed from
their positions in the tribnal by the parties which they represent. )either may they
be removed for not voting according to party lines1 since they are acting
independently of "ongress.
3.0 The mere fact that the members of either the ,enate or the Dose sitting on the *T
are those which are soght to be dis5alified de to the filing of an election contest
against them does not warrant all of them from being dis5alified from sitting in the
*T. The "onstittion is 5ite clear that the *T mst act with both members from the
," and from the ,enate or the Dose. %f all the legislator8members of the *T were
to be dis5alified1 the *T wold not be able to flfill its constittional fnctions.
!.0 Hdicial review of decisions of the *Ts may be had with the ," only insofar as the
decision or resoltion was rendered withot or in e7cess of jrisdiction or with grave
abse of discretion constitting denial of de process.
S!&$i# 1E: THE COMMISSION ON APPOINTMENTS
C4(si$i#:
1.0 ,enate President as e78officio chairman#
2.0 12 ,enators# and
3.0 12 ?embers of the Dose.
)ote: The 12 ,enators and 12 'epresentatives are elected on the basis of proportional
representation from the political parties and party8list organi9ations.
V$i#+>A&$i#
1.0 The chairman shall only vote in case of a tie.
2.0 The "A shall act on all appointments within 32 session days from their sbmission to
"ongress.
3.0 The "ommission shall rle by a majority vote of all the ?embers.
3&
G1%is2i&$i#
1.0 "A shall confirm the appointments by the President with respect to the following
positions:
a. Deads of the *7ective Bepartments -e7cept if it is the >ice8President who is
appointed to the post0.
b. Ambassadors1 other pblic ministers or consls.
c. <fficers of the A(P from the ran@ of "olonel or )aval "aptain: and
d. <ther officers whose appointments are vested in him by the "onstittion -e.g.
"<?*+*" members0.
2.0 "ongress "A))<T by law prescribe that the appointment of a person to an office
created by sch law shall be sbject to confirmation by the "A.
3.0 Appointments e7tended by the President to the above8mentioned positions while
"ongress is not in session shall only be effective ntil disapproval by the "A or ntil
the ne7t adjornment of "ongress.
M!!$i#+s " $'! CA
1.0 "A meets only while "ongress is in session.
2.0 ?eetings are held either at the call of the "hairman or a majority of all its members.
3.0 ,ince the "A is also an independent constittional body1 its rles of procedre are
also otside the scope of congressional powers as well as that of the jdiciary.
)ote: The *T and the "A shall be constitted within 32 days after the ,enate and the
Dose of 'epresentative shall have been organi9ed with the election of the President
and the ,pea@er.
S!&$i#s 21D22: LE7ISLATIVE INLUIRIES
S&(!:
1. *ither Dose or any of their committees may condct in5ires Pin aid of legislationE.
2. F%n aid of legislationG does not mean that there is pending legislation regarding the
sbject of the in5iry. %n fact1 investigation may be needed for prposes of proposing
ftre legislation.
3. %f the stated prpose of the investigation is to determine the e7istence of violations of
the law1 the investigation is no longer Pin aid of legislationE bt Pin aid of prosectionE.
This violates the principle of separation of powers and is beyond the scope of
congressional powers.
E#"%&!4!#$:
1. ,ince e7perience has shown that mere re5ests for information does not sally
wor@1 "ongress has the inherent power to pnish recalcitrant witnesses for
contempt1 and may have them incarcerated ntil sch time that they agree to testify.
2. The continance of sch incarceration only sbsists for the lifetime1 or term1 of sch
body. <nce the body ceases to e7ist after its final adjornment1 the power to
incarcerate ceases to e7ist as well. Ths1 each P"ongressE of the Dose lasts for
only 3 years. 4t if one is incarcerated by the ,enate1 it is indefinite becase the
,enate1 with its staggered terms1 is a contining body.
3. 4CT1 in order for a witness to be sbject to this incarceration1 the primary
re5irement is that the in5iry is within the scope of "ongressE powers. i.e. it is in aid
of legislation.
!. The materiality of a 5estion is determined not by its connection to any actally
pending legislation1 bt by its connection to the general scope of the in5iry.
3A
$. The power to pnish for contempt is inherent in "ongress and this power is si
generis. %t cannot be e7ercised by local government nits nless they are e7pressly
athori9ed to do so.
Li4i$*$i#s:
1. The in5iry mst be condcted in accordance with the Pdly pblished rles of
procedreE of the Dose condcting the in5iry# and
2. The rights of persons appearing in or affected by sch in5iries shall be respected.
*7. The right against self8incrimination.
A((!*%*#&! 6/ 2!(*%$4!#$ '!*2s 6!"%! C#+%!ss:
1. ,ince members of the e7ective department are co8e5als with those of the
legislative department1 nder the principle of separations of powers1 department
heads cannot be compelled to appear before "ongress. )either may the
department heads impose their appearance pon "ongress.
2. Bepartment heads may appear before "ongress in the following instances:
a. Cpon their own initiative1 with the consent of the President -and that of the
Dose concerned0# or
b. Cpon the re5est of either Dose -which cannot compel them to attend0
3. The appearance will be condcted in *I*"CT%>* ,*,,%<) when:
a. 'e5ired by the secrity of state or re5ired by pblic interest# and
b. When the President so states in writing
S!&$i#s 2=D2@5 DECLARATION OF WAR>EMER7ENCY POWERS
V$! %!91i%!4!#$: ($ 2!&)*%! $'! !Iis$!#&! " * s$*$! " .*%)
1. 2K3 of both Doses1 in joint session
2. >oting separately
E4!%+!#&/ (.!%s:
1. Bring times of war or other national emergency1 "ongress may1 4= +AW1 athori9e
the President to e7ercise powers necessary and proper to carry ot a declared
national policy.
2. +imitations:
a. Powers will be e7ercised for a limited period only# and
b. Powers will be sbject to restrictions prescribed by "ongress
3. *7piration of emergency powers
a. 4y resoltion of "ongress or
b. Cpon the ne7t adjornment of "ongress
S!&$i#s 2@D2C8 =0D=1 LE7ISLATION
Bi))s $'*$ 41s$ %i+i#*$! "%4 $'! H1s! " R!(%!s!#$*$i-!s (S!&$i# 2@)
CODE: A R T P1 L P
1. Appropriation bills
2. Revene bills
3. Tariff bills
!. 4ills athori9ing the increase of (1blic debt
$. 4ills of )cal application
&. Private bills
3.
)ote: The ,enate may1 however1 propose or concr with amendments.
A((%(%i*$i# 6i))s
1. The primary and specific aim of an appropriation bill is to appropriate a sm of
money from the pblic treasry.
2. Ths1 a bill enacting the bdget is an appropriations bill.
3. 4CT: A bill creating a new office1 and appropriating fnds therefor is )<T an
appropriation bill.
R!-!#1! Bi))
1. A revene bill is one specifically designed to raise money or revene throgh
imposition or levy.
2. Ths1 a bill introdcing a new ta7 is a revene bill1 bt a provision in1 for instance1
the >ideogram 'eglatory 4oard law imposing a ta7 on video rentals does not ma@e
the law a revene bill.
Bi))s " )&*) *(()i&*$i#
A bill of local application1 sch as one as@ing for the conversion of a mnicipality into a
city1 is deemed to have originated from the Dose provided that the bill of the Dose was
filed prior to the filing of the bill in the ,enate even if1 in the end1 the ,enate approved its
own version.
Li4i$*$i#s:
1. (or appropriation bills:
a. "ongress cannot increase the appropriations recommended by the President for
the operation of the 3overnment as specified in the bdget.
b. *ach provision or enactment in the 3eneral Appropriations 4ill mst relate
specifically to some particlar appropriation therein and any sch provision or
enactment mst be limited in its operation to the appropriation to which it relates.
c. The procedre in approving appropriations for "ongress shall strictly follow the
procedre for approving appropriations for other departments and agencies.
d. A special appropriations bill mst specify the prpose for which it is intended and
mst be spported by fnds actally available as certified by the )ational
Treasrer or to be raised by a corresponding revene proposal therein.
e. Transfer of appropriations:
i. 'le: )o law shall be passed athori9ing any transfer of appropriations
ii. 4CT the following may1 4= +AW1 be athori9ed to AC3?*)T any item in
the general appropriations law for their respective offices from savings in
other items of their respective appropriations
- President
- President of the ,enate
- ,pea@er of the Dose of 'epresentatives
- "hief of Hstice of the ,preme "ort
- Deads of the "onstittional "ommissions
f. Biscretionary fnds appropriated for particlar officials shall be:
i. Bisbrsed only for pblic prposes#
ii. ,hold be spported by appropriate vochers# and
iii. ,bject to gidelines as may be prescribed by law.
3/
g. %f "ongress fails to pass 3eneral Appropriations 4ill -3A40 by the end of any
fiscal year:
i. The 3A4 for the previos year is deemed reenacted
ii. %t will remain in fll force and effect ntil the 3A4 is passed by "ongress.
2. (or law granting ta7 e7emption
%t shold be passed with the concrrence of a ?AH<'%T= of A++ the members of
"ongress.
3. (or bills in general
a. *very bill shall embrace only one -10 sbject1 as e7pressed in the title thereof
i. As a mandatory re5irement
ii. The title does not have to be a complete cataloge of everything stated in
the bill. %t is sfficient if the title e7presses the general sbject of the bill
and all the provisions of the statte are germane to that general sbject.
iii. A bill which repeals legislation regarding the sbject matter need not state
in the title that it is repealing the latter. Ths1 a repealing clase in the bill
is considered germane to the sbject matter of the bill.
b. 'eadings
1. %n order to become a law1 each bill mst pass three -30 readings in both
Doses.
2. 3eneral rle: *ach reading shall be held on separate days R printed copies
thereof in its final form shall be distribted to its ?embers three -30 days
before its passage.
3. *7ception: %f a bill is certified as rgent by the President as to the necessity
of its immediate enactment to meet a pblic calamity or emergency1 the 3
readings can be held on the same day.
!. (irst reading 6 only the title is read# the bill is passed to the proper committee
,econd reading 6 *ntire te7t is read and debates are held1 and amendments
introdced.
Third reading 6 only the title is read1 no amendments are allowed. >ote shall
be ta@en immediately thereafter and the yeas and nays entered in the jornal.
V!$ (.!% " P%!si2!#$:
1. *very bill1 in order to become a law1 mst be presented to and signed by the
President.
2. %f the President does not approve of the bill1 he shall veto the same and retrn it with
his objections to the Dose from which it originated. The Dose shall enter the
objections in the Hornal and proceed to reconsider it.
3. The President mst commnicate his decision to veto within 32 days from the date
of receipt thereof. %f he fails to do so1 the bill shall become a law as if he signed it.
!. This rle eliminates the Ppoc@et vetoE whereby the President wold simply refse to
act on the bill.
$. To <>*''%B* the veto1 at least 2K3 of A++ the members of each Dose mst agree
to pass the bill. %n sch case1 the veto is overriden and becomes a law withot
need of presidential approval.
!2
&. %tem veto
a. The President may veto particlar items in an appropriation1 revene or tariff bill.
b. This veto will not affect items to which he does not object.
c. Befinition of item
TYPE OF BILL ITEM
1. 'eveneKta7 bill ,bject of the ta7 and the ta7 rate imposed thereon
2. Appropriations bill %ndivisible sm dedicated to a stated prpose
d. >eto of '%B*'
1. A rider is a provision which does not relate to a particlar appropriation stated
in the bill.
2. ,ince it is an invalid provision nder ,ection 2$-201 the President may veto it
as an item.
S(!&i"i& )i4i$*$i#s # )!+is)*$i#
1. )o law shall be enacted increasing the ,preme "ortEs appellate jrisdiction
withot the ,"Es advice and concrrence.
2. )o law shall be enacted granting titles of royalty or nobility.
S!&$i# 2E5 POWER TO TAF
Li4i$*$i#s:
10 The rle of ta7ation shold be C)%(<'?
20 %t shold be *JC%TA4+*
30 "ongress shold evolve a P'<3'*,,%>* system of ta7ation.
!0 The power to ta7 mst be e7ercised for a pblic prpose becase the power e7ists
for the general welfare
$0 The de process and e5al protection clases of the "onstittion shold be
observed.
D!)!+*$i# " (.!% $ "iI %*$!s
10 "ongress may1 4= +AW1 athori9e the President to fi7 the following:
a0 Tariff rates
b0 %mport and *7port Jotas
c0 Tonnage and wharfage des
d0 <ther dties and imposts
Within the framewor@ of the national development program of the 3overnment
20 The e7ercise of sch power by the President shall be within the specified limits fi7ed
by "ongress and sbject to sch limitations and restrictions as it may impose.
C#s$i$1$i#*) $*I !I!4($i#s:
10 The following properties are e7empt from '*A+ P'<P*'T= ta7es
(CODE: C'* C'1 MD CA)
a0 "haritable instittions
b0 "hrches1 and parsonages or convents apprtenant thereto
c0 ?os5es
d0 )on8profit cemeteries# and
e0 All lands1 bildings and improvements actally1 directly and e7clsively sed
for religios1 charitable1 or edcational prposes.
!1
20 All revenes and assets of )<)8,T<"N )<)8P'<(%T *BC"AT%<)A+ instittions
are e7empt from ta7es and dties P'<>%B*B that sch revenes and assets are
actally1 directly and e7clsively sed for edcational prposes. -Art. I%> ,ec ! -300
30 3rants1 endowments1 donations or contribtions sed actally1 directly and
e7clsively for edcational prposes shall be e7empt from ta7. This is sbject to
conditions prescribed by law. -Art. I%>. ,ec ! -!00
S!&$i# 2J5 P.!% " $'! P1%s!
10 )o money shall be paid ot of the )ational Treasry *I"*PT in prsance of an
appropriation made by law.
a0 This places the control of pblic fnds in the hands of "ongress.
b0 4CT: This rle does not prohibit contining appropriations. e.g. for debt
servicing. This is becase the rle does not re5ire yearly1 or annal
appropriation.
20 +imitations.
a0 Appropriations mst be for a PC4+%" PC'P<,*
b0 "annot appropriate pblic fnds or property1 directly or indirectly1 in favor of
-i0 Any sect1 chrch1 denomination1 or sectarian instittion or system of
religion or
-ii0 Any priest1 preacher1 minister1 or other religios teacher or dignitary as
sch.
*I"*PT if the priest1 etc is assigned to:
- the Armed (orces# or
- any penal instittion# or
- government orphanage# or
- leprosarim
c0 4CT the government is not prohibited from appropriating money for a valid
seclar prpose1 even if it incidentally benefits a religion1 e.g. appropriations for a
national police force is valid even if the police also protects the safety of
clergymen.
d0 A+,<1 the temporary se of pblic property for religios prposes is valid1 as
long as the property is available for all religions
30 ,pecial (nds
a0 ?oney collected on a ta7 levied for a special prpose shall be treated as a
special fnd and paid ot for sch prpose only.
b0 <nce the special prpose is flfilled or abandoned1 any balance shall be
transferred to the general fnds of the 3overnment
S!&$i# =25 INITIATIVE AND REFERENDUM
10 Throgh the system of initiative and referendm1 the people can directly propose and
enact laws or approve or reject any act or law or part thereof passed by the
"ongress or local legislative body.
20 'e5ired Petition
a0 ,hold be signed by at least 12Q of the total nmber of registered voters
b0 *very legislative district shold be represented by at least 3Q of the registered
voters
c0 Petition shold be registered
!2
ARTICLE VII5 THE EFECUTIVE DEPARTMENT
S!&$i# 15 EFECUTIVE POWER
S&(!:
10 *7ective power is vested in the President of the Philippines.
20 The scope of this power is set forth in Art. >%% of the "onstittion. 4t this power is
not limited to those set forth therein. The ,"1 in ?arcos v. ?anglaps1 referred to
the '*,%BCA+ powers of the President as the "hief *7ective of the contry1 which
powers inclde others not set forth in the "onstittion. *IA?P+*: The President is
immne from sit and criminal prosection while he is in office.
30 Privilege of immnity from sit is personal to the President and may be invo@ed by
him alone. %t may also be waived by the President1 as when he himself files sit.
!0 4CT The President "A))<T dispose of state property nless athori9ed by law.
S!&$i# 25 LUALIFICATIONS
10 )atral8born citi9en of the Philippines
20 'egistered voter#
30 Able to read and write#
!0 At least !2 years old on the day of election
$0 Philippine resident for at least 12 years immediately preceding sch election.
)ote: The >ice8President has the same 5alifications R term of office as the President.
De is elected with R in the same manner as the President. De may be removed from
office in the same manner as the President.
S!&$i# @5 MANNER OF ELECTION> TERM OF OFFICE
M*##!% " E)!&$i#
10 The President and >ice8President shall be elected by direct vote of the people.
20 *lection retrns for President and >ice8President1 as dly certified by the proper
4oard of "anvassers shall be forwarded to "ongress1 directed to the ,enate
President.
30 )ot later than 32 days after the day of the election1 the certificates shall be opened in
the presence of both hoses of "ongress1 assembled in joint pblic session.
!0 The "ongress1 after determining the athenticity and de e7ection of the
certificates1 shall canvass the votes.
$0 The person receiving the highest nmber of votes shall be proclaimed elected.
&0 %n case of a tie between 2 or more candidates1 one shall be chosen by a majority of
A++ the members of both Doses1 voting separately. %n case this reslts in a
deadloc@1 the ,enate President shall be the acting President ntil the deadloc@ is
bro@en.
A0 The ,preme "ort en banc shall act as the sole jdge over all contests relating to
the election1 retrns1 and 5alifications of the President or >ice8President and may
promlgate its rles for the prpose.
!3
T!%4 " O""i&!
1) P%!si2!#$
a0 & years beginning at noon on 32 Hne immediately following the election and
ending at noon on the same day & years later.
b0 Term limitation: ,ingle term only# not eligible for any reelection.
c0 Any person who has scceeded as President1 and served as sch for more than
! years shall )<T be 5alified for election to the same office at any time.
2) Vi&!DP%!si2!#$:
a0 & years1 starting and ending the same time as the President.
b0 Term limitation: 2 sccessive terms.
c0 >olntary rennciation of the office for any length of time is )<T an interrption
in the continity of service for the fll term for which the >ice8President was
elected.
S!&$i# B5 SALARIES AND EMOLUMENTS
10 <fficial salaries are determined by law.
20 ,alaries cannot be decreased dring the T*)C'* of the President and the >ice8
President.
30 %ncreases ta@e effect only after the e7piration of the T*'? of the incmbent dring
which the increase was approved.
!0 Prohibited from receiving any other emolment from the government or any other
sorce dring their T*)C'*
S!&$i#s CD128 PRESIDENTIAL SUCCESSION
1. >acancies at the beginning of the term
>A"A)"= ,C""*,,<'
President8elect fails to 5alify or to be
chosen
>P8elect will be Acting President ntil
someone is 5alifiedKchosen as President.
President8elect dies or is permanently
disabled.
>P becomes President.
4oth President and >P8elect are not
chosen or do not 5alify or both die1 or
both become permanently disabled.
1. ,enate President or
2. %n case of his inability1 the ,pea@er of
the Dose shall act as President ntil a
President or a >P shall have been
chosen and 5alified.
%n case of death or disability of -10 and -201
"ongress shall determine1 by law1 who will
be the acting President.
2. >acancies after the office is initially filled:
>A"A)"= ,C""*,,<'
President dies1 is permanently disabled1 is
impeached1 or resigns.
>ice8President becomes President for the
ne7pired term.
4oth President and >ice8President die1
become permanently disabled1 are
impeached1 or resign.
1. ,enate President or
2. %n case of his inability1 the ,pea@er of
the Dose shall act as President ntil
the President or >P shall have been
elected and 5alified.
!!
30 >acancy in office of >ice8President dring the term for which he was elected:
a0 President will nominate new >P from any member of either Dose of "ongress.
b0 )ominee shall assme office pon confirmation by majority vote of A++ members
of both Doses1 voting separately. -)ominee forfeits seat in "ongress0
!0 *lection of President and >ice8President after vacancy dring tem
a0 "ongress shall convene 3 days after the vacancy in the office of both the
President and the >P1 withot need of a call. The convening of "ongress cannot
be sspended.
b0 Within A days after convening1 "ongress shall enact a law calling for a special
election to elect a President and a >P. The special election cannot be
postponed.
c0 The special election shall be held not earlier than !$ days not later than &2 days
from the time of the enactment of the law.
d0 The 3 readings for the special law need not be held on separate days.
e0 The law shall be deemed enacted pon its approval on third reading.
4CT: )o special election shall be called if the vacancy occrs within 1. months
before the date of the ne7t presidential election.
$0 Temporary disability of the President:
The temporary inability of the President to discharge his dties may be raised in
either of two ways:
a0 4y the President himself1 when he sends a written declaration to the ,enate
President and the ,pea@er of the Dose. %n this case1 the >ice8President will
be Acting President ntil the President transmits a written declaration to the
contrary.
b0 When a majority of the "abinet members transmit to the ,enate President
and the ,pea@er their written declaration.
-i0 The >P will immediately be Acting President.
-ii0 4CT: %f the President transmits a written declaration that he is not
disabled1 he reassmes his position
-iii0 %f within $ days after the President re8assmes his position1 the
majority of the "abinet retransmits their written declaration1 "ongress
shall decide the isse. %n this event1 "ongress shall reconvene within
!. hors if it is not in session1 withot need of a call.
-iv0 Within 12 days after "ongress is re5ired to assemble1 or 12 days if
"ongress is not in session1 a 2K3 majority of both Doses1 voting
separately1 is needed to find the President temporarily disabled1 in
which case1 the >P will be Acting President.
&0 Presidential %llness:
a0 %f the President is seriosly ill1 the pblic mst be informed thereof.
b0 *ven dring sch illness1 the )ational ,ecrity Adviser1 the ,ecretary of
(oreign Affairs1 and the "hief of ,taff of the A(P are entitled to access to the
President
!$
S!&$i# 1=5 DISLUALIFICATIONS
,C4H*"T ,<C'"* <( B%,JCA+%(%"AT%<)
President1 >ice8President1
"abinet ?embers1 Bepties or
Assistants of "abinet ?embers
Prohibited from:
1. Dolding any office or employment dring their
tenre1 C)+*,,:
a. otherwise provided in the "onstittion -e.g. >P
can be appointed a "abinet ?ember1 ,ec. of
Hstice sits on Hdicial and 4ar "oncil0# or
b. the positions are e78officio and they do not receive
any salary or other emolments therefor -e.g. ,ec.
of (inance is head of ?onetary 4oard0.
2. Practicing1 directly or indirectly1 any other
profession dring their tenre#
3. Participating in any bsiness#
!. 4eing financially interested in any contract with1
or in any franchise1 or special privilege granted
by the government or any sbdivision1 agency or
instrmentality thereof1 inclding 3<""Ss or their
sbsidiaries.
).4. The rle on dis5alifications for the President
and his "abinet are stricter than the normal rles
applicable to appointive and elective officers nder
Art. %I841 ,ec. A.
,poses and !
th
degree
relatives of the President
-consanginity or affinity0
"annot be appointed dring PresidentEs tenre as:
1. ?embers of the "onstittional "ommissions#
2. <ffice of the <mbdsman#
3. Bepartment ,ecretaries#
!. Bepartment nder8secretaries#
$. "hairman or heads of breas or offices
inclding 3<""Es and their sbsidiaries.
).4.
a. %f the spose1 etc.1 was already in any of the
above offices at the time before hisKher spose
became President1 heKshe may contine in office.
What is prohibited is appointment and
reappointment1 )<T contination in office.
b. ,poses1 etc.1 can be appointed to the jdiciary
and as ambassadors and consls.
S!&$i#s 1@D1B5 POWER TO APPOINT
P%i#&i()!s:
10 ,ince the power to appoint is e7ective in natre1 "ongress cannot srp this
fnction.
20 While "ongress -and the "onstittion in certain cases0 may prescribe the
5alifications for particlar offices1 the determination of who among those who are
5alified will be appointed is the PresidentEs prerogative.
!&
S&(!:
The President shall appoint the following:
10 Deads of e7ective departments -"A confirmation needed0:
20 Ambassadors1 other pblic ministers1 and consls -"A confirmation needed0.
30 <fficers of A(P from ran@ of colonel or naval captain -"A confirmation needed0.
!0 <ther officers whose appointment is vested in him by the "onstittion -"A
confirmation needed01 sch as:
a0 "hairmen and members of the "<?*+*"1 "<A and ",".
b0 'eglar members of the Hdicial and 4ar "oncil.
c0 The <mbdsman and his depties#
d0 ,ectoral representatives in "ongress.
).4. President also appoints members of the ,preme "ort and jdges of
the lower corts1 bt these appointments do not need "A confirmation.
$0 All other officers whose appointments are not otherwise provided for by law# and
those whom he may be athori9ed by law to appoint.
a0 This incldes the "hairman and members of the "ommission on Dman
'ights1 whose appointments are provided for by law )<T by the
"onstittion.
b0 "ongress may1 by law1 vest the appointment of other officers lower in ran@ in
the President alone or in the corts1 or in the heads of departments1
agencies1 boards or commissions.
c0 4CT: "ongress cannot1 by law1 re5ire "A confirmation of the appointment
of other officers for offices created sbse5ent to the 1/.A "onstittion -e.g.
)+'" "ommissioners1 4ang@o ,entral 3overnor0.
d0 A+,<: >olntary sbmission by the President to the "A for confirmation of
an appointment which is not re5ired to be confirmed does not vest the "A
with jrisdiction. The President cannot e7tend the scope of the "AEs power
as provided for in the "onstittion.
P%&!21%!:
10 "A confirmation needed:
a0 )omination by President
b0 "onfirmation by "A
c0 Appointment by President# and
d0 Acceptance by appointee.
)ote: At any time before all for steps have been complied with1 the President can
withdraw the nominationKappointment.
20 )o "A confirmation:
a0 Appointment# and
b0 Acceptance.
)ote: <nce appointee accepts1 President can no longer withdraw the appointment.
!A
A2Di#$!%i4 *((i#$4!#$s:
10 When "ongress is in recess1 the President may still appoint officers to positions
sbject to "A confirmation.
20 These appointments are effective immediately1 bt are only effective ntil they are
disapproved by the "A or ntil the ne7t adjornment of "ongress.
30 Appointments to fill an office in an PactingE capacity are )<T ad8interim in natre and
need no "A approval.
A((i#$4!#$s 6/ *# A&$i#+ P%!si2!#$:
These shall remain effective C)+*,, revo@ed by the elected President within /2 days
from his assmption or re8assmption of office.
Li4i$*$i#
10 2 months immediately before the ne7t Presidential elections1 and p to the end of his
term1 the President or Acting President ,DA++ )<T ma@e appointments. This is to
prevent the practice of Pmidnight appointments.G
20 *I"*PT%<):
a0 "an ma@e T*?P<'A'= APP<%)T?*)T,
b0 To fill *I*"CT%>* P<,%T%<),#
c0 %f contined vacancies therein will prejdice pblic service or endanger pblic
safety.
S!&$i# 1C5 P.!% " C#$%) *#2 S1(!%-isi#
P.!% " C#$%):
The power of an officer to alter1 modify1 or set aside what a sbordinate officer has done
in the performance of his dties1 and to sbstitte the jdgment of the officer for that of
his sbordinate. Ths1 the President e7ercises control over all the e7ective
departments1 breas1 and offices.
The PresidentEs power over government8owned corporations comes not from the
"onstittion bt from statte. Dence1 it may be ta@en away by statte.
L1*)i"i!2 P)i$i&*) A+!#&/:
10 ,ince all e7ective and administrative organi9ations are adjncts of the *7ective
Bepartment1 the heads of sch departments1 etc. are assistants and agents of the
President.
20 Ths1 generally the acts of these department heads1 etc1 which are performed and
promlgated in the reglar corse of bsiness1 are presmptively the acts of the
President.
30 *7ception: %f the acts are disapproved or reprobated by the President.
!0 Cnder Administrative +aw1 decisions of Bepartment ,ecretaries need not be
appealed to the President in order to comply with the re5irement of e7hastion of
administrative remedies.
$0 Jalified political agency does )<T apply if the President is re5ired to act in person
by law or by the "onstittion. *7ample: The power to grant pardons mst be
e7ercised personally by the President.
!.
Dis&i()i#*%/ P.!%s:
10 The power of the President to discipline officers flows from the power to appoint the1
and )<T from the power control.
20 4CT While the President may remove from office those who are not entitled to
secrity of tenre1 or those officers with no set terms1 sch as Bepartment Deads1
the officers1 and employees entitled to secrity of tenre cannot be smmarily
removed from office.
P.!% " S1(!%-isi#:
10 This is the power of a sperior officer to ensre that the laws are faithflly e7ected
by sbordinates.
20 The power of the president over local government nits is only of general
spervision. Ths1 he can only interfere with the actions of their e7ective heads if
these are contrary to law.
30 The e7ection of laws is an <4+%3AT%<) of the President. De cannot sspend the
operation of laws.
!0 The power of spervision does not inclde the power of control# bt the power of
control necessarily incldes the power of spervision.
S!&$i# 1E5 COMMANDERDINDCHIEF POWERS
S&(!:
10 The President is the "ommander8in8"hief of the Armed (orces.
20 Whenever necessary1 the President may call ot the A(P to P'*>*)T or
,CPP'*,,:
a0 +awless violence#
b0 %nvasion# or
c0 'ebellion.
30 The President may also:
a0 ,spend the privilege of the writ of habeas corps# and
b0 Proclaim a state of martial law.
S1s(!#si# " $'! (%i-i)!+! " $'! .%i$ " '*6!*s &%(1s *#2 2!&)*%i#+ 4*%$i*) )*.N
1. 3ronds
a. %nvasion or
b. 'ebellion# and
c. Pblic safety re5ires it.
2. The invasion or rebellion mst be A"TCA+ and not merely imminent.
3. +imitations:
a. ,spension or proclamation is effective for only &2 days.
b. Within !. hors from the declaration or sspension1 the President mst
sbmit a report to "ongress.
!/
c. "ongress1 by majority vote and voting jointly1 may revo@e the same1 and the
President cannot set aside the revocation.
d. %n the same manner1 at the PresidentEs initiative1 "ongress can e7tend the
same for a period determined by "ongress if:
i. %nvasion or rebellion persist and
ii. Pblic safety re5ires it.
)<T*: "ongress "A))<T e7tend the period mot propio.
e. ,preme "ort review:
i. The appropriate proceeding can be filed by any citi9en.
ii. The ," can review the (A"TCA+ 4A,%, of the proclamation or
sspension.
iii. Becision is promlgated within 32 days from filing.
f. ?artial +aw does &"T.
i. ,spend the operation of the "onstittion.
ii. ,pplant the fnctioning of the civil corts or legislative assemblies.
iii. Athori9e conferment of jrisdiction on military corts over civilians
where civil corts are able to fnction and
iv. Atomatically sspend the privilege of the writ.
g. ,spension of privilege of the writ:
i. Applies <)+= to persons jdicially charged for rebellion or offenses
inherent in or directly connected with invasion.
ii. Anyone arrested or detained dring sspension mst be charged
within 3 days. <therwise he shold be released.
)ote: While the sspension of the privilege of writ and the proclamation of martial law is
sbject to jdicial review1 the actal se by the President of the armed forces is not.
Ths1 troop deployments in times of war is sbject to the PresidentEs jdgment and
discretion.
S!&$i# 1J: EFECUTIVE CLEMENCY
S&(!:
1.0 The President may grant the following: O P* R C R!P
a. P*rdons -conditional or plenary0
b. Reprieves
c. Commtations
d. R!mittance of fines and forfeitres
2.0 These may only be granted A(T*' conviction by final jdgment.
3.0 A+,<: The power to grant clemency incldes cases involving administrative
penalties.
!.0 Where a conditional pardon is granted1 the determination of whether it has been
violated rests with the President.
$2
Li4i$*$i#s:
1.0 As to scope:
"annot be granted:
a.0 4efore conviction
b.0 %n cases of impeachment
c.0 (or violations of election laws1 rles1 and reglation withot the favorable
recommendation of the "<?*+*"
d.0 %n cases of civil or legislative contempt
2.0 As to effect:
a.0 Boes not absolve civil liabilities for an offense.
b.0 Boes not restore pblic offices already forfeited1 althogh eligibility for the
same may be restored.
A4#!s$/:
1.0 An act of grace concrred in by "ongress1 sally e7tended to grops of persons
who commit political offenses1 which pts into oblivion the offense itself.
2.0 President alone "A))<T grant amnesty. Amnesty needs concrrence by a
majority of all the members of "ongress.
3.0 When a person applies for amnesty1 he mst admit his gilt of the offense which
is sbject to sch amnesty. %f his application is denied1 he can be convicted
based on this admission of gilt.
!.0 Amnesty >. Pardon
AMNESTY PARDON
Addressed to P<+%T%"A+ offenses Addressed to <'B%)A'= offenses
3ranted to a "+A,, of persons 3ranted to %)B%>%BCA+,
)eed not be accepted ?st be accepted
'e5ires concrrence of majority of
all members of "ongress
)o need for "ongressional concrrence
A pblic act. ,bject to jdicial notice Private act of President. %t mst be proved.
*7tingishes the offense itself <nly penalties are e7tingished.
?ay or may not restore political rights.
Absolte pardon restores. "onditional does
not.
"ivil indemnity is not e7tingished.
?ay be granted before or after
conviction
<nly granted after conviction by final
jdgement
S!&$i# 205 P.!% $ C#$%*&$ % 71*%*#$!! F%!i+# L*#s
Li4i$*$i#s:
-10 The President may contract or garantee foreign loans on behalf of the 'epblic of
the Philippines with the prior concrrence of the ?onetary 4oard# and
-20 ,bject to sch limitations as may be provided by law.
S!&$i# 215 F%!i+# R!)*$i#s P.!%s i#&)12!:
-10 Power to negotiate treaties and other international agreements
-a0 4CT: ,ch treaty of international agreement mst be concrred in by at least
2K3 of all ,enators in order to be valid and effective in or contry.
$1
-b0 <ptions of ,enate when a treaty is sbmitted for its approval:
-i0 Approve with 2K3 majority#
-ii0 Bisapprove otright# or
-iii0 Approve conditionally1 with sggested amendments.
-c0 %f treaty is not re8negotiated1 no treaty
-d0 %f treaty is re8negotiated and the ,enateEs sggestions are incorporated1 the
treaty will go into effect withot need of frther ,enate approval.
N$!: While or mnicipal law ma@es a distinction between international agreements
and e7ective agreements1 with the former re5iring ,enate approval and the latter not
needing the same1 nder international law1 there is no sch distinction.
N$!: The President cannot1 by e7ective agreement1 nderta@e an obligation which
indirectly circmvents a legal prohibition.
-e0 "onflict between treaty and mnicipal law.
-i0 Philippine cort:
The later enactment will prevail1 be it treaty or law1 as it is the latest
e7pression of the ,tateEs will.
-ii0 %nternational tribnal
Treaty will always prevail. A ,tate cannot plead its mnicipal law to jstify
noncompliance with an international obligation.
-20 Power to appoint ambassadors1 other pblic ministers1 and consls.
-30 Power to receive ambassadors and other pblic ministers accredited to the
Philippines.
-!0 Power to contract and garantee foreign loans on behalf of the 'epblic
-$0 Power to deport aliens
-a0 This power is vested in the President by virte of his office1 sbject
only to restrictions as may be provided by legislation as regards the
gronds for deportation.
-b0 %n the absence of any legislative restriction to athority1 the President
may still e7ercise this power.
-c0 The power to deport aliens is limited by the re5irements of de
process1 which entitles the alien to a fll and fair hearing.
4CT: The alien is not entitled to bail as a matter of right.
ARTICLE VIII5 THE GUDICIAL DEPARTMENT
SEC5 15 GUDICIAL POWER
S&(!:
1. Hdicial power is the athority to settle jsticiable controversies or disptes involving
rights that are enforceable and demandable before the corts of jstice or the redress
of wrongs for violations of sch rights.
2. >ested in the ,preme "ort and sch lower corts as may be established by law.
3. ,ince the corts are given Pjdicial powerE and nothing more1 corts may neither
attempt to assme or be compelled to perform non8jdicial fnctions. They may not
be charged with administrative fnctions e7cept when reasonably incidental to the
flfillment of their dties.
$2
!. %n order that corts may e7ercise this power1 there mst e7ist the following:
a. An actal controversy with legally demandable and enforceable rights#
b. %nvolving real parties in interest#
c. The e7ercise of sch power will bind the parties by virte of the cortEs
application of e7isting laws.
$. Hdicial power cannot be e7ercised in vacm. Withot any laws from which rights
arise and which are violated1 there can be no recorse to the corts.
&. The corts cannot be as@ed for advisory opinions.
A. Hdicial power incldes:
a. The dty of the corts to settle actal controversies involving rights which are
legally demandable and enforceable# and
b. To determine whether or not there has been a grave abse of discretion
amonting to lac@ or e7cess of jrisdiction on the part of any branch or
instrmentality of the government.
P)i$i&*) L1!s$i#s:
1. A Ppolitical 5estionE is one the resoltion of which has been vested by the
"onstittion e7clsively in either the people1 in the e7ercise of their sovereign
capacity1 or in which fll discretionary athority has been delegated to a co8e5al
branch of the 3overnment.
2. Ths1 while corts can determine 5estions of legality with respect to governmental
action1 they cannot review government policy and the wisdom thereof1 for these
5estions have been vested by the "onstittion in the *7ective and +egislative
Bepartments.
SEC5 25 ROLES OF CON7RESS
1. Befining enforceable and demandable rights and prescribing remedies for violations
of sch rights# and
2. Betermining the cort with jrisdiction to hear and decide controversies or disptes
arising from legal rights.
3. Ths1 "ongress has the power to define1 prescribe and apportion the jrisdiction of
varios corts.
!. 4CT1 "ongress cannot deprive the ,preme "ort of its jrisdiction over cases
provided for in the "onstittion.
$. "reation and abolition of corts:
a. The power to create corts implies the power to abolish and even re8
organi9e corts.
b. 4CT this power cannot be e7ercised in a manner which wold ndermine
the secrity of tenre of the jdiciary.
c. %f the abolitionKre8organi9ation is done in good faith and not for political or
personal reasons1 then it is >A+%B. -same rle applies for civil servants0
SEC5 =5 FISCAL AUTONOMY
1. The entire jdiciary shall enjoy fiscal atonomy.
2. Annal appropriations for the jdiciary cannot be redced below the amont
appropriated for the previos year.
3. <nce approved1 appropriations shall be atomatically and reglarly released.
$3
SECS5 @DCN 12 GUDICIARY
C4(si$i# " $'! S1(%!4! C1%$:
1. "hief Hstice and
2. 1! Associate Hstices
)ote: ?embers of the ,preme "ort and of other corts established by law shall not
be designated to any agency performing 5asi8jdicial or administrative fnctions.
L1*)i"i&*$i#s " 4!46!%s " $'! SC:
1. )atral born citi9en of the Philippines
2. At least !2 years old
3. At least 1$ years of e7perience as a jdge or in the practice of law in the Philippines
!. Person of proven competence1 integrity1 probity and independence.
L1*)i"i&*$i#s " 4!46!%s " ).!% &))!+i*$! &1%$s (CA8 CTA8 S*#2i+*#6*/*#)
1. )atral born citi9en of the Philippines
2. ?ember of the Philippine bar
3. Possesses other 5alifications prescribed by "ongress
L1*)i"i&*$i#s " 012+!s " ).!% ##D&))!+i*$! &1%$s:
1. "iti9en of the Philippines -may be a natrali9ed citi9en0
2. ?ember of the Philippine 4ar
3. Possesses other 5alifications prescribed by "ongress
S!&$i# E5 GUDICIAL AND BAR COUNCIL
1. The Hdicial and 4ar "oncil is nder the spervision of the ,".
A. %s nder the spervision of the ,preme "ort and is composed of:
1. "hief Hstice1 as e78officio chairman
2. ,ecretary of Hstice1 as an e78officio member
3. 'epresentative of "ongress1 as an e78officio member
!. 'epresentative of the %ntegrated 4ar
$. A professor of law
&. A retired member of the ,"# and
A. Private sector representative
N$!: The last for re the reglar members of the H4". 'eglar members are
appointed by the President with "A approval. 'eglar members serve for ! years1 with
staggered terms.
4. (nctions of H4"
1. Principal fnction: recommend appointees to the Hdiciary
2. *7ercise sch other fnctions as the ," may assign to it.
". Appointments to the Hdiciary
1. President shall appoint from a list of at least 3 nominees for each
vacancy1 as prepared by the H4".
2. )o "A confirmation is needed for appointments to the Hdiciary.
3. >acancies in ," shold be filled within /2 days from the occrrence
of the vacancy.
!. >acancies in lower corts shold be filled within /2 days from
sbmission to the President of the H4" list.
$!
SEC5 105 SALARIES
1. ,alaries of ," Hstices and jdges of lower corts shall be fi7ed by law.
2. "annot be decreased dring their continance in office1 bt can be increased.
3. ?embers of the Hdiciary are )<T e7empt from payment of income ta7.
SEC5 115 TENURE>DISCIPLINARY POWERS OF SC
1. ?embers of the ," and jdges of the lower corts hold office dring good behavior
ntil
a. The age of A2 years old# or
b. They become incapacitated to discharge their dties.
2. Bisciplinary action against jdges of lower corts:
a. <nly the ," en banc has jrisdiction to discipline or dismiss jdges of lower
corts.
b. Bisciplinary actionKdismissal: ?ajority vote of ," Hstices who too@ part in
the deliberations and voted therein.
3. 'emoval of ," Hstices:
a. <nly by %?P*A"D?*)T.
b. "annot be disbarred while they hold office.
SECS5 @DB8 1=5 THE SUPREME COURT
H!*%i#+ " &*s!s:
1. *n banc# or
2. Bivisions of 31 $1 or A.
C*s!s %!91i%!2 $ 6! '!*%2 !# 6*#&:
1. All cases involving constittionality of aKan:
a. Treaty
b. %nternational or e7ective agreement or
c. +aw.
2. All cases re5ired to be heard en banc nder the 'les of "ort:
a. Appeals from Sandiganbayan# and
b. (rom the "onstittional "ommissions
3. All cases involving the constittionality1 application or operation of
a. Presidential decrees
b. Proclamations
c. <rders
d. %nstrctions
e. <rdinances# and
f. <ther reglations.
!. "ases heard by a division where re5ired majority of 3 was not obtained.
$. "ases where ," modifies or reverses a doctrine or principle of law laid down by the
," en banc or by a division.
&. Administrative cases to discipline or dismiss jdges of lower corts# and
A. *lection contests for President and >ice8President.
$$
C*s!s '!*%2 6/ 2i-isi#
1. ?st be decided with the concrrence of a majority of the members who too@ part in
the deliberations and voted thereon.
2. ?ajority vote in a division shold be at least 3 members.
P.!%s " $'! SC
1. ," has <'%3%)A+ jrisdiction over
a. "ases affecting ambassadors1 other pblic ministers and consls.
)ote: This refers to foreign ambassadors1 etc.1 stationed in the
Philippines.
b. Petitions for certiorari1 prohibiton1 mandams1 5o warranto1 and habeas
corps.
2. ," has APP*++AT* jrisdiction over final jdgments and orders in the following:
a. All cases involving the constittionality or validity of any
i. treaty
ii. international or e7ective agreement
iii. law
iv. presidential decree
v. proclamation
vi. order
vii. instrction
viii. ordinance1 or
i7. reglation#
b. All cases involving the legality of any
i. ta7
ii. impost
iii. assessment or
iv. toll or
v. any penalty imposed in relation thereto#
c. All cases in which the jrisdiction of any lower cort is in isse
d. "riminal cases where the penalty imposed is reclsion perpeta or higher# and
e. All cases where <)+= errors or 5estions of law are involved.
3. Temporarily assign lower cort jdges to other stations in the pblic interest.
)ote: Temporary assignment shall not e7ceed & months withot the consent of
the jdge concerned.
!. <rder a change of vene or place of trial to avoid a miscarriage of jstice.
$. Promlgate rles concerning:
a. The protection and enforcement of constittional rights#
b. Pleading1 practice and procedre in all corts#
c. Admission to the practice of law#
d. The %ntegrated 4ar# and
e. +egal assistance to the nderprivileged.
+imitations on 'le ?a@ing Power
a. %t shold provide a simplified and ine7pensive procedre for the speedy
disposition of cases.
b. %t shold be niform for all corts of the same grade.
c. %t shold not diminish1 increase1 or modify sbstantive rights.
$&
&. Appoint A++ officials and employees of the Hdiciary1 in accordance with "ivil ,ervice
+aw.
A. *7ercise administrative spervision over A++ corts and the personnel thereof.
D!&isi#s " $'! S1(%!4! C1%$:
1. 'eached in consltation before being assigned to a member for the writing of the
opinion.
2. A certification to this effect mst be signed by the "hief Hstice and attached to the
record of the case and served pon the parties.
3. ?embers of the ," who too@ no part1 or who dissented or abstained mst state the
reasons therefore.
)ote: This procedre shall also be observed by all lower collegiate corts -"A1 "TA1
and the Sandiganbayan0.
GUDICIAL REVIEW
D!"i#i$i#
1. Hdicial 'eview is the power of the ," to declare a law1 treaty1 ordinance etc.
nconstittional.
2. +ower corts may also e7ercise the power of jdicial review1 sbject to the appellate
jrisdiction of the ,".
3. <nly ," decisions are precedent1 and ths1 only ," decisions are binding on all.
R!91isi$!s "ode: OA R S C RP
1. An A"TCA+ "A,* calling for the e7ercise of jdicial power
2. The 5estion involved mst be R%P* (<' ABHCB%"AT%<)1 i.e. the government act
mst have had an adverse effect on the person challenging it.
3. The person challenging the governmental act mst have PSTA)B%)3E1 i.e. a personal
and sbstantial interest in the case sch that he has sstained1 or will sstain1 direct
injry as a reslt of its enforcement.
!. The 5estion of Cnstittionality mst be raised in the first instance1 or at the earliest
opportnity.
$. Resoltion of the isse of constittionality is navoidable or is the very lis mota.
E""!&$ " * 2!&)*%*$i# " 1#&#s$i$1$i#*)i$/:
1. Prior to the declaration that a particlar law is nconstittional1 it is considered as an
Poperative factE which at that time had to be complied with.
2. Ths1 vested rights may have been ac5ired nder sch law before it was declared
nconstittional.
3. These rights are not prejdiced by the sbse5ent declaration that the law is
nconstittional.
SEC5 1@5 DECISIONS
1. Becisions ?C,T state clearly and distinctly the facts and the law on which it is based.
2. 'efsal to give de corse to petitions for review and motions for reconsideration
mst state the legal basis for sch refsal.
3. ?emorandm decisions1 where the appellate cort adopts the findings of fact and law
of the lower cort1 are allowed as long as the decision adopted by reference is
attached to the ?emorandm for easy reference.
!. These rles only apply to corts. They do not apply to 5asi8jdicial or administrative
bodies nor to military tribnals.
$A
ARTICLE IF THE CONSTITUTIONAL COMMISSIONS
S!&$i# 15 C#s$i$1$i#*) C44issi#s
I#2!(!#2!#$ C#s$i$1$i#*) C44issi#s:
10 "ivil ,ervice "ommission -","0
20 "ommission on *lections -"<?*+*"0
30 "ommission on Adit -"<A0
W'/ I#2!(!#2!#$H
They perform vital fnctions of government. Their integrity is protected by the fact that
they:
10 Are constittionally created -,ec. 10
20 Dave independent powers of appointment -,ec. !0
30 *ach "ommission may promlgate its own procedral rles -,ec. &0
!0 (iscal atonomy -,ec. $0
$0 ,alaries may not be diminished dring their office -,ec. 30
&0 "ommissioners have a fi7ed term
A0 "ommissioners are removable by impeachment only.
S!&$i# 25 DISLUALIFICATIONS
Dis,-alificatio.s/
?embers cannot1 dring their tenre:
10 Dold any other office or employment#
20 *ngage in the practice of any profession#
30 *ngage in the active management or control of any bsiness1 which1 in any
way1 may be affected by the fnctions of their office# and
!0 4e financially interested1 direct or indirect1 in any contract1 franchise1 privilege
granted by the government1 any of its sbdivisions1 agencies1
instrmentalities1 inclding 3<""Ss and their sbsidiaries.
&ote. The <mbdsman and his depties are sbject to the same 5alifications.
S!&$i# =5 SALARIES
S*)*%i!s
10 ,alaries are fi7ed by law and shall not be decreased dring their T*)C'*.
20 Becreases in salaries only affect those members appointed A(T*' increase.
30 %ncmbent members do not lose any salary.
!0 %ncreases ta@e effect %??*B%AT*+=.
S!&$i# B5 RULES OF PROCEDURE
P%&!21%!s:
10 'les: The "ommissions may promlgate its own rles *) 4A)".
20 +imitation: %t shall not:
a0 Biminish1
b0 %ncrease1 or
c0 ?odify sbstantive rights.
$.
30 Power of ,"
a0. The ," may not1 nder Art. >%%% ,ec. $-$01 e7ercise the power to disapprove
rles of Ospecial corts and 5asi8jdicial bodies.O
b0. %n proceedings before the "ommissions1 the rles of the "ommission prevail.
c0. %n proceedings before a cort1 the 'les of "ort prevail.
d0. The ," may1 however1 in appropriate cases1 e7ercise HCB%"%A+ '*>%*W
S!&$i# C5 DECISION MA:IN7>APPEAL
D!&isi#DM*?i#+:
10 *ach commission shall decide matter or cases by a majority vote of all the members
within &2 days from sbmission.
"<?*+*" may sit en banc or in 2 divisions.
*lection cases1 inclding pre8proclamation controversies are decided in
division1 with motions for reconsideration filed to the "<?*+*" en banc.
The ," has held that a majority decision decided by a division of the
"<?*+*" is a valid decision.
20 As "<++*3%A+ 4<B%*,1 each commission mst act as one1 and no one member can
decide a case for the entire commission. -i.e. The "hairman cannot ratify a decision
which wold otherwise have been void0.
A((!*)s:
10 Becisions1 orders or rlings of the "<?*+*"K"<A may be broght on certiorari to
the ," nder 'le &$.
20 Becisions1 orders or rling of the "," shold be appealed to the "A nder 'le !3.
E#"%&!4!#$:
%t has been held that the "," can isse a writ of e7ection to enforce
jdgments which are final.
THE CIVIL SERVICE COMMISSION
S!&$i# 15 COMPOSITION>LUALIFICATIONS>TERM
C4(si$i#:

10 "hairman
20 "ommissioners 6 2 commissioners
L1*)i"i&*$i#s:
10 )atral8born citi9ens of the Philippines#
20 At least 3$ years old at the time of their appointments#
30 With proven capacity for pblic administration# and
!0 )<T candidates for any elective position in the elections immediately preceding their
appointment.
$0 Appointees by the President to the "," need "ommission on Appointments -"A0
confirmation
T!%4:
10 "hairman 8A years# "ommissioner1 8 $ yrs# "ommissioner2 8 3 yrs
20 +imitation: single term only1 no reappointment
30 Appointment to vacancy: only for ne7pired term of predecessor
!0 )o temporary appointments1 or appointments in acting capacity.
$/
S!&$i# 25 S&(!:
The "ivil ,ervice embraces all:
A. branches1
4. sbdivisions1
". instrmentalities1
B. agencies of the government1
*. inclding 3<""s with original charters.
1.OWith <riginal "harterO means that the 3<"" was created by special
lawKby "ongress
2. %f incorporated nder the "orporation "ode1 it does not fall within the
"ivil ,ervice1 and is not sbject to the "," jrisdiction.
3. *ven if once government8controlled1 then becomes privati9ed1 ceases
to fall nder ",".
!. Hrisdiction is determined as of the time of filing the complaint.
A((i#$4!#$s $ &i-i) s!%-i&! s'*)) 6!:
A. "ompetitive positions
According to merit and fitness to be determined by competitive e7aminations1
as far as practicable e7cept to positions which are policy8determining1
primarily confidential1 or highly technical.
4. )on8competitive positions
10. )o need for competitive e7aminations.
20. 3 @inds
a0 Policy8determining 8 formlate a method of action for the govSt
b0 Primarily confidential 8 more than ordinary confidence# close
intimacy insres freedom of intercorse
withot betrayals of personal trst...
c0 Dighly technical 8 re5ires technical s@ill to a sperior degree.
". The T*,T to determine whether nonKcompetitive is the )atre of the responsibilities1
)<T the administrative or legislative description given to it.
B. 4oth types of positions are entitled to secrity of tenre. They only differ in the
?A))*' in which they are filled.
*. Who may be appointed:
10. 'C+*: Whoever flfills all the 5alifications prescribed by law for a particlar
position may be appointed therein.
20. The "," cannot disapprove an appointment jst becase another person is
better 5alified1 as long as the appointee is himself 5alified.
30. The "," "A))<T add 5alifications other than those provided by law.
(. )e7t8%n8'an@ 'le
While a person ne7t in ran@ is entitled to preferential consideration1 it does
not follow that only he1 and no one else1 can be appointed. ,ch person has
no vested right to the position and the appointing athority is not bond to
appoint the person ne7t in ran@.
&2
T!#1%! (C)*ssi"i&*$i# " Psi$i#s)
C*%!!% S!%-i&! N#DC*%!!% S!%-i&!
1. *ntrance based on merit and fitness to
be determined as far as practicable by
competitive e7aminations or based on
highly technical 5alifications.
1. *ntrance on bases <TD*' than sal
tests of merit and fitness.
2. *ntitled to secrity of tenre 2. Tenre limited to:
a0 Period specified by law1
b0 "oterminos with the appointing
athority or sbject to his pleasre1
or
c0 +imited to the dration of a
particlar project for which prpose
the employment was made.
3. With opportnity for advancement to
higher career positions.
S!&1%i$/ " T!#1%!:
10 <fficers or employees of the "ivil ,ervice cannot be removed or sspended *I"*PT
for case provided by law. %t garantees both procedral and sbstantive de
process.
20 (or O+*3A+ "AC,*O 8 "ase is:
a0. related to and affects the administration of office1 and
b0. mst be sbstantial -directly affects the rights R interests of the pblic0
30 ,ecrity of tenre for )on8competitive positions
a0. Primarily confidential officers and employees hold office only for so long as
confidence in them remains.
b0. %f there is 3*)C%)* loss of confidence1 there is no removal1 bt the e7piration
of the term of office
c0. )on8career service officers and employees do not enjoy secrity of tenre.
d0. Political appointees in the foreign service possess tenre coterminos with
that of the appointing athority or sbject to his pleasre.
!0 <ne mst be >A+%B+= APP<%)T*B to enjoy secrity of tenre. Ths1 one who is not
appointed by the proper appointing athority does not ac5ire secrity of tenre.
A6)i$i# " O""i&!
To be valid1 abolition mst be made:
-a0 %n good faith# -good faith is presmed0
-b0 )ot for political or personal reasons# and
-c0 )ot in violation of law.
T!4(%*%/ !4()/!!s *%! &-!%!2 6/ $'! ")).i#+ %1)!s:
10. )ot protected by secrity of tenre 8 can be removed anytime even withot case
20. %f they are separated1 this is considered an e7piration of his term.
30. 4CT: They can only be removed by the one who appointed them.
!0. *ntitled only to sch protection as may be provided by law.
N ""i&!% % !4()/!! i# $'! Ci-i) S!%-i&! s'*)) !#+*+! i# *#/ !)!&$i#!!%i#+ % i#
(*%$is*# ()i$i&*) *&$i-i$/
10 "annot solicit votes in favor of a particlar candidate.
20 "annot give campaign contribtions or distribte campaign materials.
30 4CT: Allowed to e7press views on political isses1 and to mention the names of the
candidates whom he spports.
&1
!0 Prohibition does not apply to department secretaries
Ri+'$ $ %+*#i<!
The right to organi9e does )<T inclde the right to stri@e
S!&$i#s BDC5 DISLUALIFICATIONS
Dis91*)i"i&*$i#s
10 +osing candidates in any election
a0. "annot be appointed to any office in the government or 3<""Ss or their
sbsidiaries
b0. Period of dis5alification: <ne -10 year after sch election.
20 *lective officials
a0. )ot eligible for appointment or designation A)= "APA"%T= to A)= PC4+%"
<((%"* or position dring their tenre.
b0. *I"*PT%<): ?ay hold e7 officio positions.
*7amples:
The >ice President may be appointed "abinet member
"ongressman may sit in the Hdicial and 4ar "oncil
c0. To be eligible to hold any other office1 the elected official mst first resign his
office
d0. *ven "ongress cannot1 by law1 athori9e the appointment of an elective
official.
30. Appointive officials
a0. "annot hold any other office or employment in the government1 any
sbdivision1 agency1 instrmentality1 inclding 3<""Ss and their
sbsidiaries.
b0. *I"*PT%<): Cnless otherwise allowed by law1 or by the primary fnctions of
his position.
c0. This e7ception B<*, )<T APP+= to "abinet members1 and those officers
mentioned in Art. >%%1 ,ec. 13. They are governed by the stricter prohibitions
contained therein.
S!&$i# E5 COMPENSATION
10 Prohibitions: applies to elected or appointed officers and employees
"annot receive:
A. Additional 8 an e7tra reward given for the same office i.e. bons
4. Boble 8 when an officer is given 2 sets of compensation for 2
different offices held concrrently by 1 officer
". %ndirect "ompensation
20 *I"*PT%<): Cnless specifically athori9ed by law
A. O,P*"%(%"A++= ACTD<'%T*BO means a specific athority particlarly
directed to the officer or employee concerned.
4. 4CT: per diems and allowances given as '*%?4C',*?*)T for e7penses
actally incrred are not prohibited
30 "annot accept any present1 emolment1 office1 title of any @ind from foreign
governments C)+*,, with the consent of "ongress.

!0 Pensions and gratities are )<T considered as additional1 doble1 or indirect
compensation.
&2
THE COMMISSION ON ELECTIONS
S!&$i# 15 COMPOSITION>LUALIFICATIONS>TERM
C4(si$i#: (C)
10"hairman and
20"ommissioners -&0
L1*)i"i&*$i#s:
20 At least 3$ years old at the time of appointment
30 Dolders of college degrees# and
!0 )ot candidates for any elective position in the immediately preceding elections.
$0 ?ajority of the "ommission1 inclding the "hairman mst be:
a0. ?embers of the Philippines 4ar
b0. *ngaged in the practice of law for at least 12 years: Fany activity in or ot of
cort1 which re5ires the application of law1 legal procedre1 @nowledge1
training and e7perience.G
&0 Appointments sbject to "A approval
T!%4:
10 "hairman 8A yrs# 3 ?embers 8 A yrs# 2 ?embers 8 $ yrs# 1 ?ember 8 3 yrs.
20 +%?%TAT%<): ,ingle term only: no reappointment allowed
30 Appointment to a vacancy: only for ne7pired portion of predecessorEs term
!0 )o temporary appointments1 or appointments in acting capacity
a0. Ths1 the President cannot designate an incmbent commissioner as
acting "hairman.
b0. The choice of temporary chairman falls nder the "<?*+*"Es
discretion.
S!&$i# 25 POWERS AND FUNCTIONS
P.!%s:
10 *nforce and administer all laws and reglations relative to the condct of an election1
plebiscite1 initiative1 referendm1 and recall.
-a0 *7: "<?*+*" can enjoin constrction of pblic wor@s within !$ days of an
election.
30 *7ercise:
A. *7clsive original jrisdiction over all contests relating to the elections1 retrns1
and 5alifications of all elective
1. 'egional1
2. Provincial1 and
3. "ity officials
4. Appellate jrisdiction over all contests involving:
1. *lective mnicipal officials decided by trial corts of general jrisdiction
2. *lective barangay officials decided by trial corts of limited jrisdiction.
". Becisions1 final orders1 or rlings of the "ommission on election contests
involving elective mnicipal and barangay offices shall be final1 e7ectory1 and
not appealable.
*7ception: Appealable to the ," on 5estions of law.
&3
B. "ontempt powers
1. "<?*+*" can e7ercise this power only in relation to its adjdicatory
or 5asi8jdicial fnctions. %t "A))<T e7ercise this in connection with
its prely e7ective or ministerial fnctions.
2. %f it is a pre8proclamation controversy1 the "<?*+*" e7ercises 5asi8
jdicialKadministrative powers.
3. %ts jrisdiction over PcontestsE -after proclamation01 is in e7ercise of its
jdicial fnctions.
*. The "<?*+*" may isse writs of certiorari1 prohibition and mandams in
e7ercise of its appellate jrisdiction. This is not an inherent power.
30 Becide1 e7cept those involving the right to vote1 all 5estions affecting elections1
inclding determination of the nmber and location of polling places1 appointment of
election officials and inspectors1 and registration of voters.
&ote. Jestions involving the right to vote fall within the jrisdiction of the ordinary
corts.
!0 Bepti9e1 with the concrrence of the President1 law enforcement agencies and
instrmentalities of the 3overnment1 inclding the Armed (orces of the Philippines1
for the e7clsive prpose of ensring free1 orderly1 honest1 peacefl1 and credible
elections.
a0. This power is )<T limited to the election period.
b0. Applies to both criminal and administrative cases.
$0 'egistration of political parties1 organi9ations1 or coalitionsKaccreditation of citi9ensE
arms of the "ommission on *lections.
a0. The political parties etc. mst present their platform or program of
government.
b0. There shold be sfficient pblication
c0. 3rops which cannot be registered:
i. 'eligios denominationsKsects
ii. 3rops which see@ to achieve their goals throgh violence or nlawfl
means
iii. 3rops which refse to phold and adhere to the "onstittion
iv. 3rops which are spported by any foreign government.
d0. 4CT: Political parties with religios affiliation or which derive their principles
from religios beliefs are registerable.
e0. (inancial contribtions from foreign governments and their agencies to
political parties1 organi9ations1 coalitions1 or candidates related to elections
constitte interference in national affairs. %f accepted1 it is an additional
grond for the cancellation of their registration with the "ommission1 in
addition to other penalties that may be prescribed by law.
&0 (ile1 pon a verified complaint1 or on its own initiative1 petitions in cort for inclsion
of e7clsion of voters# investigate and1 where appropriate1 prosecte cases of
violations of election laws1 inclding acts or omissions constitting elections frads1
offenses and malpractices.
A. "<?*+*" has e7clsive jrisdiction to investigate and prosecte cases for
violations of election laws.
4. "<?*+*" can depti9e prosectors for this prpose. The actions of the
prosectors are the actions of the "<?*+*"
". Preliminary investigation condcted by "<?*+*" is valid.
&!
A0 'ecommend to the "ongress effective measres to minimi9e election spending1
inclding limitation of places where propaganda materials shall be posted1 and to
prevent and penali9e all forms of election frads1 offenses1 malpractices1 and
nisance candidacies.
.0 'ecommend to the President the removal of any officer or employee it has
depti9ed1 or the imposition of any other disciplinary action1 for violation or disregard
or1 or disobedience to its directive1 order1 or decision.
/0 ,bmit to the President and the congress a comprehensive report on the condct of
each election1 plebiscite1 initiative1 referendm1 or recall.
S!&$i# =5 RULES OF PROCEDURE>DECISIONDMA:IN7
R1)!s " P%&!21%!
10 "<?*+*" can sit en banc or in two divisions
20 %t has the power to promlgate its own rles of procedre in order to e7pedite
disposition of election cases1 inclding pre8election controversies.
D!&isi#DM*?i#+
10 *lection cases shold be heard and decided in division. Provided that1
20 ?otions for reconsideration of decisions shold be decided by "<?*+*" en banc.
30 GBecisionsG mean resoltions on sbstantive isses.
!0 %f a division dismisses a case for failre of consel to appear1 the ?otion for
'econsideration here may be heard by the division.
$0 *I"*PT%<): "<?*+*" en banc may directly assme jrisdiction over a petition to
correct manifest errors in the tallying of reslts by 4oard of "anvassers.
S!&$i# @5 SUPERVISION>RE7ULATION OF FANCHISES > PERMITS > 7RANTS >
SPECIAL PRIVILE7ES > CONCESSIONS
R!+1)*$i# " "%*#&'is!s
A. What can "<?*+*" spervise or reglate
10. The enjoyment or tili9ation of all franchises or permits for the operation of
transportation and other pblic tilities1 media of commnication or
information.
20. 3rants1 special privileges or concessions granted by the 3overnment or any
sbdivision1 agency or instrmentality thereof1 inclding any 3<"" or its
sbsidiary
4. When can "<?*+*" e7ercise this power
10. Bring the election period
a0. Cnder Article I%1 ,ection /1 the election period commences /2 days
before
the day of the election and ends 32 days thereafter.
b0. %n special cases1 "<?*+*" can fi7 a period.
20. Applies not jst to elections bt also to plebiscites and referenda.
30. Plebiscite. ,bmission of constittional amendments or important legislative
measres to the people ratification
!0. 'eferendm. power of the electorate to approve or reject legislation throgh
an election called for that prpose.
&$
COMELEC *#2 $'! MEDIA
10. "<?*+*" cannot compel print media to donate free space to the "<?*+*". %t
may1 however1 compel it to provide space after paying jst compensation.
20. Power of "<?*+*" is over franchises and permits1 )<T individals. (or
e7ample1 "<?*+*" may not reglate media practitioners1 for this wold violate
the freedom of e7pression.
S!&$i# A5 N (*%2#8 *4#!s$/8 (*%)!8 % s1s(!#si# " s!#$!#&! "% -i)*$i# "
!)!&$i# )*.s8 %1)!s8 *#2 %!+1)*$i#s s'*)) 6! +%*#$!2 6/ $'! P%!si2!#$ .i$'1$ $'!
"*-%*6)! %!&44!#2*$i# " $'! C44issi#5
S!&$i# B
D!"i#i$i# " P)i$i&*) P*%$/
organi9ed grop of persons prsing the same political ideals in a
government and incldes its branches1 and divisions
I4(%$*#&! " %!+is$%*$i# " * ()i$i&*) (*%$/
10 'egistration confers jridical personality on the party.
20 %t informs the pblic of the partySs e7istence and ideals.
30 %t identifies the party and its officers for prposes of reglation by the "<?*+*".
S!&$i# C5 N -$!s &*s$ i# "*-% " * ()i$i&*) (*%$/8 %+*#i<*$i#8 % &*)i$i#
s'*)) 6! -*)i28 !I&!($ "% $'s! %!+is$!%!2 1#2!% $'! (*%$/D)is$ s/s$!4 *s (%-i2!2
i# $'is C#s$i$1$i#5
P%'i6i$i# # 6)&?D-$i#+
10 3eneral rle: 4loc@ voting )<T allowed
20 *I"*PT%<): those registered nder the party8list system
S!&$i# E5 PARTY LIST SYSTEM
N Ri+'$ $ 6! R!(%!s!#$!2 i# V*%i1s B*%2s
Political parties1 organi9ations1 or coalitions registered nder the party8list
system shall )<T be represented in the following:
10. >otersE registrations boards1
20. 4oards of election inspectors1
30. 4oards of canvassers1 or
!0. <ther similar bodies.
P)) W*$&'!%s
Political parties1 etc. are entitled to appoint poll watchers in accordance with
law.
S!&$i# 105 B#* "i2! &*#2i2*$!s "% *#/ (16)i& ""i&! s'*)) 6! "%!! "%4 *#/ "%4
" '*%*ss4!#$ *#2 2is&%i4i#*$i#5
This section does not give candidates immnity from sit.
Biscrimination incldes ne5al treatment in the availment of media facilities.
&&
S!&$i# 115 FUNDIN7
H. (%-i2!2
10 (nds certified by the "<?*+*" as necessary to defray the e7penses for holding
reglar and special elections1 plebiscites1 initiative1 referenda and recalls1 shall
provided in the reglar or special appropriations.
20 (nds shold be certified by the "<?*+*" as necessary.
R!)!*s! " "1#2s
<nce approved1 fnds shold be released atomatically pon certification by
the "hairman of "<?*+*".
THE COMMISSION ON AUDIT
S!&$i# 15 COMPOSITION>LUALIFICATIONS
C4(si$i#:
10 "hairman1 and
20 "ommissioners -20.
L1*)i"i&*$i#s:
10 )atral8born citi9ens of the Philippines
20 At least 3& years old at the time of their appointment#
30 *ither:
a0. "PAEs with at least 12 years aditing e7perience# or
b0. ?embers of Phil. 4ar with 12 years of practice.
!0 ?embers cannot all belong to the same profession.
$0 ,bject to confirmation of the "A.
&0 ?st not have been candidates for any elective position in the elections immediately
preceding their appointment.
T!%4:
10 "hairman 8A yrs# "ommissioner1 8$yrs# "ommissioner 8 2 83 yrs.
20 +%?%TAT%<): 8 ,ingle terms only# no re8appointment allowed
30 Appointments to any vacancy shall only be for the ne7pired portion of
predecessorEs term
S!&$i# 25 POWERS
10 *7amine1 adit1 and settle acconts pertaining to:
A. 'evene and receipts of fnds or property# or
4. *7penditres and ses of fnds or property
<wned or held in trst by1 or pertain to:
A. The 3overnment#
4. Any of its sbdivisions1 agencies or instrmentalities#
". %nclding 3<""Es with original charters.
20 "ondct post8adit with respect to the following:
A. "onstittional bodies1 commissions1 and offices granted fiscal atonomy#
4. Atonomos state colleges and niversities#
". 3<""Es and their sbsidiaries incorporated nder the "orporation "ode.
B. )one8governmental entities receiving sbsidies or e5ity1 directly or indirectly1
from or throgh the government1 which are re5ired by law of the granting of
instittion to sbmit to sch adit.
&A
30 %f "<A finds internal control system of adited agencies as inade5ate1 "<A may
adopt measres1 inclding temporary or special pre8adit1 as may be necessary.
!0 Neep the general acconts of the government1 preserving vochers and other
spporting papers pertaining thereto.
$0 *7clsive athority to define the scope of "<AEs adit and e7amination and to
establish the techni5es and methods re5ired therefor.
&0 Promlgate acconting and aditing rles and reglations.
A. %nclding those for the prevention or disallowance of irreglar1 nnecessary1
e7cessive1 e7travagant1 or nconscionable e7penditres or ses of
government fnds and properties.
4. (ailre to comply with these rles can be a grond for disapproving the
payment of a proposed e7penditre.
&ote.
10 The fnctions of "<A can be classified as:
A. *7amine and adit all forms of government revenes#
4. *7amine and adit all forms of govEt e7penditres
". ,ettle govEt acconts
B. Promlgate acconting and aditing rles -inclding those for the prevention
of irreglarUe7penditres.
*. To decide administrative cases involving e7penditres of pblic fnds.
20 "<A can settle only +%JC%BAT*B A""<C)T, or those acconts which may be
adjsted simply by arithmetic process.
30 "<A has athority not jst over accontable officers bt also over other officers who
perform fnctions related to acconting sch as verification of evalations and
comptation of fees collectible1 and the adoption of internal rles of control.
!0 "<A does not have the power to fi7 the amont of an nfi7ed or ndetermined debt.
$0 Where the following re5irements are complied with1 it becomes the ministerial dty
of the "<A to approve and pass in adit vochers for payment:
A. There is a law appropriating fnds for a particlar prpose#
4. There is a contract1 made by the proper officer1 entered into in conformity with
the above8mentioned law#
". The goods or services covered by sch contract have been delivered or
rendered in prsance to sch contract1 as attested by the proper officer# and
B. Payment has been athori9ed by officials of the corresponding department or
brea.
&0 Prosectors may still review acconts already settled and approved by "<A for the
prpose of determining possible criminal liability. This is becase "<AEs interest in
sch acconts is merely administrative.
A0 "<A has the power to determine the meaning of Ppblic biddingE and what constittes
failre when reglations re5ire pblic bidding for the sale of government property.
S!&$i# =5 N )*. s'*)) 6! (*ss!2 !I!4($i#+ *#/ !#$i$/ " $'! 7-!%#4!#$ % i$s
s16si2i*%/ i# *#/ +1is! .'*$!-!%8 % *#/ i#-!s$4!#$ " (16)i& "1#2s8 "%4 $'!
01%is2i&$i# " $'! C44issi# # A12i$5
&.
ARTICLE F: LOCAL 7OVERNMENT
S!&$i# 15 TERRITORIAL>POLITICAL SUBDIVISIONS OF THE REPUBLIC OF THE
PHILIPPINES ARE THE:
C4(si$i#:
10 Provinces
20 "ities#
30 ?nicipalities# and
!0 4arangays
T'!%! s'*)) 6! A1$#41s %!+i#s i#:
10 ?slim ?indanao1 and
20 "ordileras :At present1 it is only the "ordilera AB?%)%,T'AT%>* region;
&ote: 10 A third atonomos regions wold re5ire a constitional amendment.
20 These political sbdivisions1 created by the "onstittion cannot be replaced by
A?*)B?*)T1 and not by law.
30 While "ongress can abolish or eradicate individal nits1 it cannot abolish an
entire class of +3CEs
S!&$i# 25 L&*) A1$#4/
10 All political sbdivisions shall enjoy local atonomy
20 This does not mean that the +3CEs are completely free from the central government.
A. Hdiciary may still pass on +3C actions
4. President may e7ercise disciplinary power over +3C officials.
SEC5 =5 C#+%!ss s'*)) !#*&$ * )&*) +-!%#4!#$ &2! .'i&' s'*)) (%-i2! "% *
4%! %!s(#si-! *#2 *&&1#$*6)! )&*) +-!%#4!#$ s$%1&$1%! i#s$i$1$!2 $'%1+' *
s/s$!4 " 2!&!#$%*)i<*$i# .i$' !""!&$i-! 4!&'*#is4s " %!&*))8 i#i$i*$i-!8 *#2
%!"!%!#2148 *))&*$! *4#+ $'! 2i""!%!#$ )&*) +-!%#4!#$ 1#i$s $'!i% (.!%s8
%!s(#si6i)i$i!s8 *#2 %!s1%&!s8 *#2 (%-i2! "% $'! 91*)i"i&*$i#s8 !)!&$i#8
*((i#$4!#$ *#2 %!4-*)8 $!%48 s*)*%i!s8 (.!%s *#2 "1#&$i#s *#2 21$i!s " )&*)
""i&i*)s8 *#2 *)) $'!% 4*$$!%s %!)*$i#+ $ $'! %+*#i<*$i# *#2 (!%*$i# " $'!
)&*) 1#i$s5
S!&$i# @5 PRESIDENTIAL SUPERVISION OF L7US
S1(!%-isi# " P%!si2!#$
10 The President e7ercises general spervision over all +3Cs
20 The President e7ercises B%'*"T spervision over
A. Provinces
4. Atonomos regions and
". %ndependent cities.
30 This power is limited to ensring that lower officers e7ercise their fnctions in
accordance with law.
!0 The president cannot sbstitte his jdgment for that of an +3C official nless the
latter is acting contrary to law.
$0 The President may1 however1 impose administrative sanctions against +3C officials1
sch as sspension for 122 days1 and may even remove them from their posts1 in
accordance with law.
&0 Provinces e7ercise direct spervision over component cities and mnicipalities.
&/
A0 "ities and mnicipalities e7ercise direct spervision over component barangays.
S!&$i# A5 EACH LOCAL 7OVERNMENT SHALL HAVE THE POWER TO CREATE
OWN SOURCES OF REVENUE>LEVY TAFES8 FEES AND CHAR7ES ETC5
Li4i$*$i#s # P.!%
10 %t is sbject to sch gidelines and limitations as "ongress may provide. ,ee +ocal
3overnment "ode for e7amples.
20 The gidelines set by "ongress shold be consistent with the basic policy of local
atonomy.
A&&%1*) " $*I!s8 "!!s8 &'*%+!s
The ta7es1 fees and charges shall accre e7clsively to the local governments.
S!&$i# B5 L7Us SHALL HAVE A GUST SHARE IN NATIONAL TAFES8 AS
DETERMINED BY LAW8 WHICH SHALL BE AUTOMATICALLY RELEASED
TO THEM
I#$!%#*) R!-!#1! A))$4!#$ (IRA)
10 ,hare of +3Cs in national ta7es is limited to the internal revene ta7es.
20 The share of each +3C shold be released1 withot need of any frther action1
directly to the provincial1 city1 mnicipal or barangay treasrer. 'elease is made on a
5arterly basis within $ days after the end of each 5arter.
30 The share of each +3C shold not be sbject to any lien or holdbac@ that may be
imposed by the national government for whatever prpose.
!0 *ach +3C shold appropriate in its annal bdget at least 22Q of its annal %'A for
development projects.
$0 Adjstments in %'A
A. 3rond: Cnmanageable pblic section deficit
4. President can ma@e the necessary adjstments in the %'A pon the
recommendation of the following:
1. Bepartment of (inance ,ecretary
2. B%+3 ,ecretary
3. B4? ,ecretary
&0 %'A considered for prposes of conversion from one political sbdivision to the ne7t.
-Alvare9 v. 3ingona0
S!&$i# C5 SHARE OF L7US IN NATIONAL WEALTH
S'*%! " L7Us i# #*$i#*) .!*)$'
10 +3Cs are entitled to an e5itable share in the proceeds of the tili9ation and
development of the national wealth within their respective areas in the manner
provided by law.
20 This incldes share the same with the inhabitants by way of direct benefits.
U#2!% $'! L7C
10 +3Cs have a share of !2Q of the gross collection derived by the national
government from the preceding fiscal year from
A. ?ining ta7es
4. 'oyalties
". (orestry and fishery charges
B. <ther ta7es1 fees and charges
*. ,hare in any co8prodction1 joint ventre or prodction sharing agreement in
the tili9ation and development of the national wealth wKin their territorial
jrisdiction
A2
SEC5 E5 TERM OF OFFICE
T!%4 " O""i&!
*lective local officials1 now inclding barangay officials have a term of 3 years.
Li4i$*$i#s:
10 )o elective official shall serve for more than 3 consective terms
20 >olntary rennciation of office for any length of time shall not be considered as an
SEC5 J5 SECTORAL REPRESENTATION IN L7US
L!+is)*$i-! 62i!s " $'! )&*) +-!%#4!#$s s'*)) '*-! S!&$%*) R!(%!s!#$*$i#
(1#2!% $'! L7C) *s 4*/ 6! (%-i2!2 6/ )*.
There shold be representatives from:
10 The womenEs sector
20 The wor@ers
30 Third sector -can choose from any of the following0
A0 Crban poor
40 %ndigenos cltral commnities
"0 Bisabled persons
B0 Any other sector as may be determined by the sanggnian
E)!&$i# " S!&$% R!(%!s!#$*$i-!s
SEC5 105 C%!*$i#8 *6)i$i# *#2 2i-isi# " L7UKs
;9 Re/uisites
A. "ompliance with the re5irements of the +ocal 3overnment "ode# and
4. Approved by a majority of the votes cast in a plebiscite held in the political
nits B%'*"T+= affected.
20 Ths1 a province is spposed to be divided into 2 separate provinces1 plebiscite will
inclde voters of the *)T%'* province1 and not jst the area to comprise the new
province.
30 +3" re5irements relate to matters sch as poplation1 revene1 and area
re5irements.
S!&5 115 M!$%()i$*# ()i$i&*) s162i-isi#s
C%!*$i#:
10 "ongress may create special metropolitan political sbdivisions by law.
20 %t is sbject to a plebiscite
G1%is2i&$i# " M!$%()i$*# *1$'%i$/
%t is limited to basic services re5iring coordination.
B*si& A1$#4/ " C4(#!#$ Ci$i!s *#2 M1#i&i(*)i$i!s
10 The component cities and mnicipalities retain their basic atonomy
20 They shall be entitled to their own local e7ective and legislative assemblies.
A1
SEC5 125 CITIES
C)*ssi"i&*$i# " Ci$i!s:
10 Dighly rbani9ed -as determined by law0
20 "omponent cities -cities still nder provincial control0# and
30 %ndependent component cities -non8highly rbani9ed cities whose voters are
prohibited by thecity charter from voting in provincial elections0
I#2!(!#2!#&! "%4 $'! P%-i#&!
10 Dighly rbani9ed cities and independent component cities are independent of the
province.
20 "omponent cities whose charter contain no sch prohibition are still nder the
control of the province and its voters may still vote for elective provincial officials.
S!&$i# 1=5 C%2i#*$i# *4#+ L7US
C#s)i2*$i# *#2 C%2i#*$i# " E""%$s8 S!%-i&!s *#2 R!s1%&!s
10 %t is optional on the part of +3Cs as shown by the se of the word FmayG
20 %t can be done for prposes commonly beneficial to them in accordance with the law.
U#2!% L7C (S!&$i# ==)
10 "onsolidation and coordination may be done throgh appropriate ordinances.
20 A pblic hearing shold be condcted and the approval of the sanggnian obtained.
30 An +3C can:
A. "ontribte fnds1 real estate1 e5ipment and other @inds of property
4. AppointKassign personnel nder sch terms and conditions as may be agreed
pon by the participating +3Cs throgh ?emoranda of Agreement.
S!&$i# 1@5 RE7IONAL DEVELOPMENT COUNCILS
W' &*# (%-i2! "% RDC
The President shall provide for 'B" or other similar bodies composed of:
C4(si$i#
10 +ocal government officials
20 'egional heads of departments and other government offices
30 'epresentatives of )3<, within the regions
F% P1%(s! "
10 Administrative decentrali9ation
20 To strengthen local atonomy
30 To accelerate the economic and social growth and development of the nits in the
region
S!&$i# 1A5 AUTONOMOUS RE7IONS
W'!%!:
10 ?slim ?indanao
20 "ordillera region
A2
F*&$%s:
10 Distorical heritage
20 "ltral heritage
30 *conomic and social strctres1
!0 <ther relevant characteristics within:
A. The framewor@ of the consitittion
4. )ational sovereignty
". Territorial integrity.
C%!*$i#:
10 Provided by law.
20 *((*"T%>%T= of sch creation occrs only when it is approved by a majority of the
votes cast in a plebiscite held among the constitent nits.
30 <nly those Provinces1 "ities1 and 3eographical Areas voting favorably in sch
plebiscite shall form part of the atonomos region.
!0 %f only 1 province approved the law1 )< ACT<)<?<C, '*3%<) created1 since the
constittion re5ires more than one province to constitte one -li@e what happened in
the "ordillera plebiscite0
$0 The 5estion of which +3CEs shall constitte an atonomos region is one which is
e7clsively for "ongress to decide.
S!&$i# 1B5 7ENERAL SUPERVISION OVER AUTONOMOUS RE7IONS
B/ W'4:
The President
P1%(s!:
To ensre that the laws are faithflly e7ected.
SEC5 1C5 A)) (.!%s8 "1#&$i#s *#2 %!s(#si6i)i$i!s #$ +%*#$!2 6/ $'is
C#s$i$1$i# % 6/ )*. $ $'! *1$#41s %!+i# s'*)) 6! -!s$!2 i# $'! N*$i#*)
7-!%#4!#$5
E-amples. 10 (oreign relations1
20 )ational defense and ,ecrity
30 ?onetary Affairs
S!&$i# 205 LE7ISLATIVE POWERS
T'! O%+*#i& A&$ " A1$#41s R!+i# s'*)) (%-i2! "% )!+is)*$i-! (.!%s -!%:
10 Administrative organi9ation#
20 "reation of sorces of revenes#
30 Ancestral domain and natral resorces
!0 Personal1 family and property relations
$0 'egional1 rban1 and rral planning development#
&0 *conomic1 social1 and torism development#
A0 *dcational policies#
.0 Preservation and development of the cltral heritage# and
/0 ,ch other matters as may be athori9ed by law for the promotion of the general
welfare of the people of the region.
Li4i$*$i#s:
10 ,bject to the provisions of the "onstittion and national laws
20 To be e7ercised within its territorial jrisdiction
S!&$i# 215 PRESERVATION OF PEACE AND ORDER>DEFENSE AND SECURITY
P!*&! *#2 O%2!%
%t shall be the responsibility of the local police agencies.
A3
D!"!#s! *#2 S!&1%i$/
%t shall be the responsibility of the national government.
ARTICLE FI: ACCOUNTABILITY OF PUBLIC OFFICERS
S!&$i# 1: PUBLIC OFFICE AS A PUBLIC TRUST
P16)i& ""i&!%s *#2 !4()/!!s 41s$ *$ *)) $i4!s 6! *&&1#$*6)! $ $'! (!()!8
s!%-! $'!4 .i$' 1$4s$ %!s(#si6i)i$/8 i#$!+%i$/8 )/*)$/ *#2 !""i&i!#&/8 *&$ .i$'
(*$%i$is4 *#2 01s$i&! *#2 )!*2 42!s$ )i-!s5
S!&$i# 2: IMPEACHMENT>REMOVAL FROM OFFICE
I4(!*&'4!#$: (*s 4!*#s " %!4-*) "%4 ""i&!)
15 W' 4*/ 6! i4(!*&'!2:
President
>P
," Hstices
"onstittional "ommission members
<mbdsman
25 7%1#2s
"lpable violation of the "onstittion
treason
bribery
graft and corrption
other high crimes or
betrayal of pblic trst
)ote: %t is an e7clsive list. "ongress cannot1 by law1 add to the list of impeachable
offenses.
3. These officers cannot be charged in cort with offenses that have removal from office
as penalty.
!. The President cannot be charged with mrder.
$. A ," Hstice cannot be disbarred becase this wold dis5alify him from his
position.
&. 4CT A(T*' an official has been impeached1 he can be charged with the appropriate
offense.
A. 'esignation by an impeachable official does not place him beyond the reach of
impeachment proceedings# he can still be impeached.
A)) O$'!% P16)i& O""i&!%s *#2 E4()/!!s
1. They may be removed from office as provided by law
2. 4CT: )<T by impeachment
S!&$i# =: PROCEDURE FOR IMPEACHMENT
EI&)1si-! P.!% " H1s! " R!(%!s!#$*$i-!s
The Dose of 'epresentatives has e7clsive power to %)%T%AT* all cases of
impeachment.
A!
P%&!21%!:
1. (illing of verified complaint
a. "an be filed by:
1. Any member of the Dose of 'epresentatives or
2. Any citi9en pon a resoltion of endorsement by any ?ember of the
Dose or
3. 4y at least 1K3 of all the ?embers of the Dose of 'epresentatives
2.0 %nclsion of complaint in the order of bsiness with 12 session days
3.0 'eferral to proper "ommittee within 3 session days thereafter
!.0 ,bmission of "ommittee report to the Dose together with corresponding
resoltion
a. There shold be a hearing
b. There shold be a majority vote of the members
c. The report shold be sbmitted within &2 days from referral1 after hearing1
and by a majority vote of A++ its members.
$.0 "alendaring of resoltion for consideration by the Dose
,hold be done within 12 session days from receipt thereof
&.0 >ote of at least 1K3 of all ?embers of the Dose necessary to:
a. Affirm a favorable resoltion with the Articles of %mpeachment of the
"ommittee or
b. To override its contrary resoltion
)ote: %f the verified complaint or resoltion of impeachment was filed by at least 1K3 of all
the ?embers of the Dose1 it shall constitte the Articles of %mpeachment. Trial in the
,enate shall proceed.
A.0 Trial in the ,enate
A. ,enate has the sole power to try and decide all cases of impeachment
4. (or this prpose1 the ,enators shall be nder oath or affirmation
a. When the President of the Philippines is on trial1 the "H of the ,preme
"ort presides. Dowever1 heKshe will not vote.
..0 Hdgment of "onviction
This re5ires the concrrence of 2K3 of all the ?embers of the ,enate
/.0 *ffect of the %mpeachment
a. 'emoval from office of the official concerned
b. Bis5alification to hold any office nder the 'epblic of the Philippines
c. <fficer still liable to prosection1 trial1 and pnishment if the impeachable
offense committed also constittes a felony or crime.
S!&$i# @: SANDI7ANBAYAN
,andiganbayan L the anti8graft cort
S!&$i#s ADB8 ED1@: OFFICE OF THE OMBUDSMAN
C4(si$i#:
1.0 <mbdsmanKTanodbayan
2.0 <verall depty
3.0 At least one Bepty each for +9on1 >isayas and ?indanao
!.0 Bepty for military establishment may be appointed
A$
L1*)i"i&*$i#s: (O4612s4*# *#2 'is 2!(1$i!s)
1.0 )atral born citi9en of the Philippines
2.0 At least !2 years old at time of appointment
3.0 <f recogni9ed probity and independence
!.0 ?ember of the Philippine bar
$.0 ?st not have been candidate for any elective office in the immediately
preceding election
&.0 (or <mbdsman: De mst have been for ten years or more
a. A jdge or
b. *ngage in the practice of law in the Philippines
Dis91*)i"i&*$i#s>P%'i6i$i#s (1#2!% A%$i&)! IF8 S!&$i# 2)
1.0 "annot hold any other office or employment dring his tenre
2.0 "annot engage in the practice of any profession or in the active management or
control of any bsiness which may be affected by the fnctions of his office
3.0 "annot be financially interested1 directly or indirectly1 in any contract with or in any
franchise or privilege granted by the 3overnment1 any of its sbdivisions1 agencies
or instrmentalities1 inclding 3<""s or their sbsidiaries
A((i#$4!#$
1. <f <mbdsman and depties
a. 4y the president from a list of at least & nominees prepared by the
Hdicial and 4ar "oncil. >acancies will be filled from a list of 3 nominees
b. Appointments do )<T re5ire confirmation
c. All vacancies shall be filled within 3 months after they occr.
2. <f other officials and employees of the <ffice of the <mbdsman
d. 4y the <mbdsman
e. %n accordance with "ivil ,ervice +aw
T!%4: (O4612s4*# *#2 2!(1$i!s)
1. A years with reappointment
2. They are )<T 5alified to rn for any office in the election immediately scceeding
their cessation from office
R*#?>S*)*%i!s:
1. The <mbdsman has the ran@ of "hairman of a "onstittional "ommission
2. The ?embers have the ran@ of members of a "onstittional "ommission
3. Their salaries cannot be decreased dring their term of office.
P.!%s8 F1#&$i#s *#2 D1$i!s " $'! O""i&! " $'! O4612s4*#
1. %nvestigate on its own1 or on complaint by any person1 any act or omission of any
pblic official1 employee1 office or agency1 when sch act or omission appears to be
illegal1 njst1 improper1 or inefficient.
a. The ," held that the power to investigate and prosecte cases involving
pblic officers and employees has been transferred to the <mbdsman.
b. The <mbdsman may always delegate his power to investigate.
c. The power to investigate incldes the power to impose preventive
sspension.
d. This preventive sspension is not a penalty.
e. F%)>*,T%3AT*G does not mean preliminary investigation.
f. The complaint need not be drawn p in the sal form.
A&
g. The F%++*3A+G act or omission need not be in connection with the dties
of the pblic officer or employee concerned.
h. A)= illegal act may be investigated by the <mbdsman. %n this regard1
the <mbdsmanEs jrisdiction is "<)"C''*)T with that of the reglar
prosectors.
2. Birect1 pon complaint or at its own instance1 any pblic official or employee of the
government1 or any sbdivision1 agency or instrmentality thereof1 as well as of any
government8owned or controlled corporation with original charter1 to perform and
e7pedite any act of dty re5ired by law1 or to stop1 prevent1 and correct any abse or
impropriety in the performance of dties.
a. The <mbdsman has P*',CA,%>* P<W*'1 and may re5ire that
proper legal steps are ta@en by the officers concerned.
b. The pblic official or employee mst be employed in:
-%0. The 3overnment
-%%0. Any sbdivision1 agency1 or instrmentality thereof# or
-%%%0. 3<""Es with original charters
c. The ," has held that the ,P may prosecte before the ,andiganbayan
jdges accsed of graft and corrption1 even if they are nder the
,preme "ort.
3.0 Birect the officer concerned to ta@e the appropriate action against a pblic official or
employee at falt1 and recommend his removal1 sspension1 demotion1 fine1
censre1 or prosection1 and ensre compliance therewith.
a. The <mbdsman does )<T himself prosecte cases against pblic
officers or employees.
b. (inal say to prosecte still rests in the e7ective department.
c. The <mbdsman or Tanodbayan may se mandams to compel the
fiscal to prosecte.
!.0 Birect the officer concerned1 in any appropriate case1 and sbject to sch limitations
as may be provided by law to frnish it with copies of docments relating to contracts or
transactions entered into by his office involving the disbrsement or se of pblic fnds
of properties1 and report any irreglarity to "<A for appropriate action.
$.0 'e5est any government agency for assistance and information necessary in the
discharge of its responsibilities1 and to e7amine1 if necessary1 pertinent records and
docments.
&.0 Pblic matters covered by its investigation when circmstances so warrant and with
de process
A.0 Betermine the case of inefficiency1 red tape1 mismanagement1 frad and corrption
in the government and ma@e recommendations for their elimination and the observance
of high standards of ethics and efficiency
..0 Promlgate its rles of procedre and e7ercise sch other powers or perform sch
fnctions or dties as may be provided by law
&ote: The <ffice of the <mbdsman also has the dty to act promptly on complaints filed
in any form or manner against pblic officials or employees of the government1 or any
sbdivision1 agency or instrmentality inclding 3<""s and their sbsidiaries. %n
appropriate cases1 it shold notify the complainants of the action ta@en and the reslt
thereof.
Fis&*) A1$#4/:
The <ffice of the <mbdsman enjoys fiscal atonomy. %ts approved annal
appropriations shold be atomatically and reglarly released.
S!&$i# C: OFFICE OF THE SPECIAL PROCECUTOR
AA
1. Cnder the 1/.A "onstittion1 the e7isting Tanodbayan became the <ffice of the
,pecial Prosector
2. Powers
a. %t will contine to fnction and e7ercise its powers as now or hereafter
may be provided by law
b. *7ception: Powers conferred on the <ffice of the <mbdsman
3. The <ffice of the ,pecial Prosector is sbordinate to and acts nder the orders of the
<mbdsman
&ote: According to Hac@1 the ," was wrong becase the "on"om intended that the ,P
was to prosecte anti8graft cases.
S!&$i# 1A: RECOVERY OF ILLD7OTTEN WEALTH
P%!s&%i($i#8 L*&'!s8 Es$((!)
1.0 The right of the ,tate to recover properties nlawflly ac5ired by pblic officials
and employees from them or from their nominees or transferees shall )<T be barred
by prescription1 laches or estoppel.
2.0 Their right to prosecte criminally these officials and employees may prescribe.
S!&$i# 1B: PROHIBITION ON CERTAIN FINANCIAL TRANSACTIONS
C-!%*+!:
This prohibition applies to:
1.0 President
2.0 >ice8President
3.0 ?embers of the "abinet
!.0 ?embers of "ongress
$.0 ?embers of ,preme "ort
&.0 ?embers of "onstittional "ommissions
A.0 <mbdsman
..0 Any firm or entity in which they have controlling interest
W'!# (%'i6i$i# *(()i!s:
Prohibition applies dring their T*)C'*.
S&(! " (%'i6i$i#:
1.0 The above mentioned officials cannot obtain1 directly or indirectly for 4C,%)*,,
PC'P<,*,:
a. +oans
b. 3arantees
c. <ther forms of financial accommodation
(rom:
1. 3overnment owned or controlled ban@s# or
2. 3overnment owned or controlled financial instittions.
2.0 %f the loan1 etc1 is )<T for bsiness prpose1 e.g. a hosing loan1 the prohibition
does not apply.
S!&$i# 1C: S$*$!4!#$s " *ss!$s8 )i*6i)i$i!s *#2 #!$ .%$'
A.
W'!# s164i$$!2:
Pblic officer and employee shall sbmit a declaration nder oath of his assets1 liabilities
and net worth pon assmption of office and as often as re5ired nder the law.
W'!# 2!&)*%*$i# s'*)) 6! 2is&)s!2 $ $'! (16)i&:
These declarations shall be disclosed to the pblic in a manner provided by law in the
case of:
1.0 President
2.0 >ice8President
3.0 ?embers of the "abinet
!.0 ?embers of "ongress
$.0 Hstices of the ,preme "ort
&.0 ?embers of "onstittional "ommissions
A.0 <ther constittional offices
..0 <fficers of the armed forces with general or flag ran@
S!&$i# 1E: A))!+i*#&! " (16)i& ""i&!%s *#2 !4()/!!s
llegiance to the State and to the Constitution
Change in Citi5enship0$mmigrant Status
1.0 %ncmbent pblic officers and employees who see@ either:
a. "hange his citi9enship# or
b. Ac5ire immigrant stats in another contry
,hall be dealt with by law.
2.0 %f Philippine citi9enship is one of the 5alifications to the office1 the loss of sch
citi9enship means the loss of the office by the incmbent.
3.0 The *lection "ode provides the rles with respect to non8incmbents1 i.e.
persons rnning for elective offices.
a. The "ode provides that permanent residents of or immigrant to a foreign
contry cannot file certificates of candidacy nless they e7pressly waive
their stats as sch
This rennciation mst be some other than1 and prior to1 the filling of the certificate of
candidacy.
ARTICLE FII NATIONAL ECONOMY AND PATRIMONY
SEC5 15 7OALS OF THE NATIONAL ECONOMY
T'%!!D")2 +*):
1. ?ore e5itable distribtion of opportnities1 income and wealth#
2. ,stained increase in the amont of goods and services prodced by the nation for
the benefit of the people# and
3. *7panding prodctivity1 as the @ey to raising the 5ality of life for all.
T'! S$*$! s'*)) (%4$! i#21s$%i*)i<*$i# *#2 "1)) !4()/4!#$
1. %t shold be based on sond agricltral development and agrarian reform
2. %t shold be throgh indstries that ma@e fll and efficient se of hman and natral
resorces. %ndstries shold also be competitive in both domestic and foreign mar@ets.
A/
P%$!&$i# " Fi)i(i# !#$!%(%is!s
The ,tate shall protect (ilipino enterprises against nfair foreign competition and
trade practices.
R)! " P%i-*$! E#$!%(%is!s
Private enterprises1 inclding corporations1 cooperatives1 and similar collective
organi9ations1 shall be encoraged to broaden the base of their ownership.
S!&$i# 25 RE7ALIAN DOCTRINE
Dis$i#&$i# 6!$.!!# I4(!%i14 *#2 D4i#i14
1. %mperim
3overnment athority possessed by the ,tate which is appropriately embraced in
sovereignty.
2. Bominim
a. The capacity of the ,tate to own and ac5ire property.
b. %t refers to lands held by the government in a proprietary character: can
provide for the e7ploitation and se of lands and other natral resorces.
S&(!:
The following are owned by the ,tate:
1. +ands of the pblic domain:
Waters
?inerals1 coals1 petrolem1 and other mineral oils#
All sorces of potential energy#
(isheries#
(orests or timber#
Wildlife#
(lora and fana# and
<ther natral resorces.
A)i!#*$i# " N*$1%*) R!s1%&!s
1. 3eneral 'le: All natral resorces "A))<T be alienated
2. *7ception: Agricltral lands
EI()%*$i#8 D!-!)(4!#$ *#2 U$i)i<*$i# " N*$1%*) R!s1%&!s
1. ,hall be nder the fll control and spervision of the ,tate
2. ?eans
A. The state may B%'*"T+= C)B*'TAN* sch activities
4. The state may enter into "<8P'<BC"T%<)1 H<%)T >*)TC'* <'
P'<BC"T%<)8,DA'%)3 arrangements with
1. (ilipino citi9en or
2. "orporation or association at least &2Q of whose capital is
owned by sch citi9ens
3. +imitations:
A. Period: %t shold not e7ceed 2$ years1 renewable for not more than 2$ years
4. Cnder terms and conditions as may be provided by law.
!. %n case of water rightsKwater spplyKfisheriesKindstrial ses other than the
development of water power
The beneficial se may be the measre and limit of the grant.
S4*))Ds&*)! U$i)i<*$i# " N*$1%*) R!s1%&!s
.2
1. "ongress may1 by law1 athori9e small8scale tili9ation of natral resorces by (ilipino
citi9ens
2. "ongress may also athori9e cooperative fish farming with priority given to
sbsistence fishermen and fishwor@ers in the rivers1 la@es1 bays and lagoons.
L*%+!DS&*)! EI()%*$i#8 D!-!)(4!#$ *#2 U$i)i<*$i# " Mi#!%*)s>P!$%)!14>O$'!%
Mi#!%*) Oi)s
1. The President may enter into agreements with foreign owned corporations involving
technical or financial assistance for large8scale e7ploration etc. of minerals1
petrolem1 and other mineral oils. These agreements shold be in accordance with
the general terms and conditions provided by law.
2. They shold be based on the real contribtions to economic growth and general
welfare of the contry.
3. %n the agreements1 the ,tate shold promote the development and se of local
scientific and technical resorces.
!. The President shold notify "ongress of every contract nder this provision within 32
days from its e7ection.
$. ?anagement and service contracts are not allowed nder this rle.
P%$!&$i# " M*%i#! W!*)$'
1. The ,tate shall protect its marine wealth in its
Archipelagic waters
Territorial sea R
**T
2. The ,tate shall reserve its se and enjoyment e7clsively to (ilipino citi9ens.
S!&$i# =5 LANDS OF THE PUBLIC DOMAIN ARE CLASSIFIED INTO
1. Agricltral
2. (orestKtimber
3. ?ineral lands R
!. )ational Par@s
&ote.
1. "lassification of pblic lands is an e7clsive prerogative of the *7ective Bepartment
throgh the <ffice of the President1 pon recommendation by the B*)'.
2. "lassification is descriptive of the legal natre of the land and )<T what it loo@s li@e.
Ths1 the fact that forest land is dended does not mean it is no longer forest land.
A)i!#*6)! )*#2s " (16)i& 24*i#
1. <nly agricltral lands are alienable.
2. Agricltral lands may be frther classified by law according to the ses to which they
may be devoted.
Li4i$*$i#s %!+*%2i#+ A)i!#*6)! L*#2s " $'! P16)i& D4*i#
1. (or private corporations or associations
A. They can only hold alienable lands of the pblic domain 4= +*A,*
4. Period: "annot e7ceed 2$ years1 renewable for not more than 2$ years
". Area: +ease cannot e7ceed 11222 hectares
&ote. A corporation sole is treated li@e other private corporations for the prpose of
ac5iring pblic lands.
2. (or (ilipino citi9ens
.1
A. "an lease p to $22 hectares
4. "an A"JC%'* not more than 12 hectares by prchase1 homestead or grant
Ta@ing into accont the re5irements of conservation1 ecology and development1 and
sbject to the re5irements of agrarian reform1 "ongress shall determine by law the si9e
of the lands of the pblic domain which may be ac5ired1 developed1 held or lease and
the conditions therefore.
M!*#s 6/ W'i&' L*#2s " $'! P16)i& D4*i# B!&4! P%i-*$! L*#2
1. Ac5ired from government by prchase or grant#
2. Cninterrpted possession by the occpant and his predecessors8in8interest since
time immemorial# and
3. <pen1 e7clsive1 and ndispted possession of A+%*)A4+* -agricltral0 pblic land
for a period of 32 years.
A. Cpon completion of the re5isite period1 the land becomes private property
ipso jre withot need of any jdicial or other sanction.
4. Dere1 in possession since time immemorial1 presmption is that the land was
never part of pblic domain.
". %n compting 32 years1 start from when land was converted to alienable land1
not when it was still forest land
B. Presmption is that land belongs to the ,tate.
S!&$i# @5 C#+%!ss s'*))8 *s s# *s (ssi6)!8 2!$!%4i#! 6/ )*.8 $'! s(!&i"i&
)i4i$s " "%!s$ )*#2s *#2 #*$i#*) (*%?s8 4*%?i#+ &)!*%)/ $'!i% 61#2*%i!s # $'!
+%1#25 T'!%!*"$!%8 s1&' "%!s$ )*#2s *#2 #*$i#*) (*%?s s'*)) 6! &#s!%-!2 *#2
4*/ #$ 6! i#&%!*s!2 % 2i4i#is'!28 EFCEPT 6/ )*.5 C#+%!ss s'*)) (%-i2!
4!*s1%!s $ (%'i6i$ )++i#+ i#
*5 E#2*#+!%!2 "%!s$ *#2
65 W*$!%s'!2 *%!*s
"% s1&' (!%i2 *s i$ 4*/ 2!$!%4i#!5
S!&$i# A5 ANCESTRAL LANDS
P%$!&$i# " I#2i+!#1s C1)$1%*) C441#i$i!s
1. The ,tate protects the rights of indigenos cltral commnities to their ancestral
lands
A. ,bject to "onstittional provisions
4. ,bject to national development policies and programs
2. %n determining ownership and e7tent of ancestral domain1 "ongress may se
cstomary laws on property rights and relations.
3. FA)"*,T'A+ B<?A%)G
A. %t refers to lands which are considered as pertaining to a cltral region
4. This incldes lands not yet occpied1 sch as deep forests.
S!&$i# C5 PRIVATE LANDS
7!#!%*) %1)!
1. Private lands "A) only be transferred or conveyed to:
A. (ilipino citi9ens
4. "orporations or associations incorporated in the Philippines1 at least &2Q of
whose capital is owned by (ilipino citi9ens
.2
2. *7ceptions
A. %n intestate sccession1 where an alien heir of a (ilipino is the transferee of
private land.
4. A natral born citi9en of the Philippines who has lost his Philippine citi9enship
may be a transferee of P'%>AT* A+)B1 sbject to limitation provided by law.
Dence1 land can be sed only for residential prposes. %n this case1 he only
ac5ires derivative title.
". (oreign states may ac5ire land bt only for embassy and staff residence
prposes.
3. (ilipino citi9enship is only re5ired at the time the land is ac5ired. Ths1 loss of
citi9enship after ac5iring the land does not deprive ownership.
!. 'estriction against aliens only applies to ac5isition of ownership. Therefore:
A. Aliens may be lessees or sfrctaries of private lands
4. Aliens may be mortgages of land1 as long as they do not obtain possession
thereof and do not bid in the foreclosre sale.
$. +and tenre is not indispensable to the free e7ercise of religios profession and
worship. A religios corporation controlled by non8(ilipinos cannot ac5ire and own
land1 even for religios prposes.
R!4!2i!s $ %!&-!% (%i-*$! )*#2s "%4 2is91*)i"i!2 *)i!#s:
1. *scheat proceedings
2. Action for reversion nder the Pblic +and Act
3. An action by the former (ilipino owner to recover the land
A. The former pari delicto principle has been abandoned
4. Alien still has the title -didnEt pass it on to one who is 5alified0
S!&$i# 105 NATIONAL ECONOMY AND PATRIMONY>INVESTMENTS
P.!% " C#+%!ss
1. "ongress1 pon the recommendation of )*BA1 can reserve to (ilipino citi9ens or to
corporations or associations at least &2Q of whose capital is owned by sch citi9ens1
or sch higher percentage as "ongress may prescribe1 certain areas of investment.
This may be done when the national interest dictates.
2. "ongress shall also enact measres to encorage the formation and operation of
enterprises whose capital is wholly owned by (ilipinos.
N*$i#*) E&#4/ *#2 P*$%i4#/
%n the grant of rights1 privileges and concessions covering the national economy and
patrimony1 the ,tate shall give preference to JCA+%(%*B (ilipinos.
S!&$i# 115 FRANCHISES FOR PUBLIC UTILITIES
P.!% $ +%*#$:
1. "ongress may directly grant a legislative franchise# or
2. Power to grant franchises may be delegated to appropriate reglatory agencies andKor
+3CEs
P16)i& 1$i)i$/
1. %n order to be considered as a pblic tility1 and ths sbject to this provision1 the
nderta@ing mst involve dealing directly with the pblic.
2. Ths1 a 4ild8<perate8Transfer grantee is )<T a pblic tility. The 4<T grantee
merely constrcts the tility1 and it leases the same to the government. %t is the
government which operates the pblic tility -operation separate from ownership0.
.3
T .'4 +%*#$!2:
1. (ilipino citi9ens or
2. "orporations or associations incorporated in the Philippines and at least &2Q of the
capital is owned by (ilipino citi9ens.
T!%4s *#2 &#2i$i#s:
1. Bration: )ot more than $2 years
2. (ranchise is )<T e7clsive in character
3. (ranchise is granted nder the condition that it is sbject to amendment1 alteration1 or
repeal by "ongress when the common good so re5ires.
P*%$i&i(*$i# " F%!i+# I#-!s$%s
1. The participation of foreign investors in the governing body of any pblic tility
enterprise shall be limited to their proportionate share in its capital.
2. (oreigners cannot be appointed as the e7ective and managing officers becase
these positions are reserved for (ilipino citi9ens.
S!&$i# 1B5 FORMATION>OR7ANIMATION>RE7ULATION OF CORPORATIONS
;* Private corporations
"ongress can only provide for the formation1 etc of private corporations throgh a
general law.
:* G"CC3s
They may be created by:
a. ,pecial charters in the interest of the common good and sbject to the test
of economic viability.
b. 4y incorporation nder the general corporation law.
S!&$i#s 1ED1J5 SPECIAL ECONOMIC POWERS OF THE 7OVERNMENT
1. Temporary ta@eover or direction of operations:
A. "onditions
i. )ational emergency and
ii. When the pblic interest re5ires
4. ?ay be sed against privately owned pblic tilities or bsinesses affected
with pblic interest.
". Bration of the ta@eover: period of emergency
B. Ta@eover is sbject to reasonable terms and conditions
*. )o need for jst compensation becase it is only temporary.
2. )ationali9ation of vital indstries:
A. *7ercised in the interest of national welfare or defense
4. %nvolves either:
i. *stablishment and operation of vital indstries# or
ii. Transfer to pblic ownership1 pon payment of jst compensation1
pblic tilities and other private enterprises to be operated by the
government.
S!&$i# 1J5 MONOPOLIES
1. The "onstittion does )<T prohibit the e7istence of monopolies.
2. The ,tate may either reglate or prohibit monopolies1 when pblic interest so
re5ires.
3. "ombinations in restraint of trade or nfair competition are prohibited.
.!
Fi)i(i# &i$i<!#s'i( % !91i$/ %!91i%!4!#$s:
A"T%>%T= '*JC%'*?*)T, "%T%T*),D%P A)BK<' *JC%T=
*7ploitation of natral resorces 1. (ilipino citi9ens# or
2. "orporations incorporated in 'P1 with
&2Q (ilipino ownership
<peration of Pblic Ctilities 1. (ilipino citi9ens# or
Ac5isition of alienable lands of
the pblic domain
1. (ilipino citi9ens#
&2Q (ilipino ownership#
3. (ormer natral8born citi9ens of 'P1 as
transferees1 with certain legal
restrictions# and
!. Alien heirs as transferees in case of
intestate sccession.
Practice of A++ Professions (ilipino citi9ens only -natral persons0
V"ongress may1 by law1 otherwise prescribe
?ass ?edia 1. (ilipino citi9ens# or
2. "orporations incorporated in 'P1 and
122Q (ilipino owned
Advertising 1. (ilipino citi9ens# or
2. "orporations incorporated in 'P1 and
A2Q (ilipino owned.
*dcational instittion 1. (ilipino citi9ens# or
E<CEPT. ,chools established by religios
grops and mission boards.
V"ongress may1 by law1 increase (ilipino
e5ity re5irements for A++ edcational
instittions.
<ther economic activities "ongress may1 by law1 reserve to (ilipino
citi9ens or to corporations &2Q (ilipino
owned -or even higher0 certain investment
areas.
ARTICLE FIII SOCIAL GUSTICE AND HUMAN RI7HTS
S&i*) G1s$i&!
10 ,ocial jstice in the "onstittion is principally the embodiment of the principle that
those who have less in life shold have more in law.
20 The 1/.A "onstittion advances beyond what was in previos "onstittions in that it
see@s not only economic social jstice bt also political social jstice.
Pri.cipal activities i. order to achieve social 0-stice
10 "reation of more economic opportnities and more wealth# and
20 "loser reglation of the ac5isition1 ownership1 se and disposition of property in
order to achieve a more e5itable distribtion of wealth and political power.
.$
L*6%
,ection 3 of Article I%%% elaborates on the provision in Article %% by specifying who are
protected by the "onstittion1 what rights are garanteed1 and what positive
measres the state shold ta@e in order to enhance the welfare of labor.
&i1ht to or1a.i2e a.d to hold peacef-l co.certed activities
The right to organi9e is given to all @inds of wor@ers 4<TD in the P'%>AT* and
PC4+%" sectors.
The wor@ers have a right to hold peacefl concerted activities e7cept the right to
stri@e1 which is sbject to limitation by law.
&i1ht to participate i. the decisio. ma3i.1 process of emplo4ers
The wor@ers have the right to participate on matters affecting their rights and benefits1
Fas may be provided by lawG. This participation can be throgh
10 collective bargaining agreements1
20 grievance machineries1
30 volntary modes of settling disptes1 and
!0 conciliation proceedings mediated by government.
A+%*%i*# R!"%4
7*)s:
Agrarian reform mst aim at
10 efficient prodction1
20 a more e5itable distribtion of land which recogni9es the right of farmers and reglar
farmwor@ers who are landless to own the land they till1 and
30 a jst share of other or seasonal farmwor@ers in the frits of the land.
CARL *s *# !I!%&is! " ()i&! (.!% *#2 (.!% " !4i#!#$ 24*i#
To the e7tent that the law prescribes retention limits for landowners1 there is an
e7ercise of police power. 4t where it becomes necessary to deprive owners of their
land in e7cess of the ma7imm allowed there is compensable ta@ing and therefore
the e7ercise of eminent domain.
R!*&' " *+%*%i*# %!"%4
%t e7tends not only to private agricltral lands1 bt also to Fother natral resorces1G
even inclding the se and enjoyment of Fcommnal marine and fishing resorcesG
and Foffshore fishing grondsG.
T'! C44issi# # H14*# Ri+'$s
C4(si$i#:
10 "hairman# and
20 ! members
L1*)i"i&*$i#s:
20 ?ajority of the "ommission mst be members of the Philippine 4ar#
30 Term of office1 other 5alifications and disabilities shall be provided by law#
!0 The appointment of the "D' members is )<T sbject to "A confirmation# and
$0 The "D' is not of the same level as the "<?*+*"1 ","1 or "<A.
.&
P.!%s:
10 %nvestigate all forms of hman rights violations involving civil or political rights
A. >iolations may be committed by pblic officers or by civilians or rebels.
4. "D' cannot investigate violations of social rights.
". "D' has )< adjdicatory powers over cases involving hman rights violations.
B. They cannot investigate cases where no rights are violated.
*. *7ample: There is no right to occpy government land1 i.e. s5at thereon.
Therefore1 eviction therefrom is )<T a hman rights violation.
20 Adopt operational gidelines and rles of procedre.
30 "ite for contempt for violations of its rles1 in accordance with the 'les of "ort.
!0 Provide appropriate legal measres for the protection of the hman rights of all
persons1 within the Philippines1 as well as (ilipinos residing abroad1 and provide
for preventive measres and legal aid services to the nderprivileged whose
hman rights have been violated or need protection.
A. "D' can initiate cort proceedings on behalf of victims of hman rights violations.
4. They can recommend the prosection of hman rights violators1 bt it cannot itself
prosecte these cases.
". 4CT: The "D' cannot isse restraining orders or injnctions against alleged
hman rights violators. These mst be obtained from the reglar corts.
$0 *7ercise visitorial powers over jails1 prisons and other detention facilities.
&0 *stablish contining programs for research1 edcation and information in order to
enhance respect for the primacy of hman rights.
A0 'ecommend to "ongress effective measres to promote hman rights and to provide
compensation to victims of hman rights violations or their families.
.0 ?onitor compliance by the government with international treaty obligations on hman
rights.
/0 3rant immnity from prosection to any person whose testimony or whose
possession of docments or other evidence is necessary or convenient to
determine the trth in any "D' investigation.
120 'e5est assistance from any department1 brea1 office1 or agency in the
performance of its fnctions.
110 Appoint its officers and employers in accordance with law.
120 Perform sch other fnctions and dties as may be provided for by law.
ARTICLE FIV D EDUCATION8 SCIENCE AND TECHNOLO7Y8
ARTS8 CULTURE8 AND SPORTS
EDUCATION
7*)s " $'! S$*$!:
The ,tate shall promote and protect:
10 The right to 5ality edcation at all levels#
20 The right to affordable and accessible edcation# and
30 *dcation that is relevant to the needs of people and society.
Ri+'$ $ E21&*$i# *#2 A&*2!4i& F%!!24
The right to edcation mst be read in conjnction with the academic freedom of
schools to re5ire Ffair1 reasonable1 and e5itable admission re5irements.G
P.!% $ Dis4iss S$12!#$s
10 ,chools have the power to dismiss stdents1 after de process1 for disciplinary
reasons.
20 Acts committed otside the school may also be a grond for disciplinary action if:
a0 %t involves violations of school policies connected to school8sponsored activities#
or
b0 The miscondct affects the stdentEs stats1 or the good name or reptation of the
school.
.A
R!+1)*$i# " Ri+'$ $ E21&*$i#
The right to edcation in particlar fields may be reglated by the ,tate in the
e7ercise of its police power1 e*g* the ,tate may limit the right to enter medical school by
re5iring the applicants to ta@e the )?AT.
F%!! E21&*$i#
10 The ,tate shall maintain a system of free edcation in:
a0 *lementary level1 and
b0 Digh school level.
20 *lementary edcation is complsory for all children of school age. Dowever1 this is a
moral rather than a legal complsion.
E21&*$i#*) I#s$i$1$i#s
%. (ilipini9ation
A. <wnership:
10. (ilipino citi9ens1 or
20. "orporations incorporated in 'P and &2Q (ilipino8owned.
*I"*PT: ,chools established by religios grops and mission boards.
30. "ongress may increase (ilipino e5ity re5irements in A++ edcational
instittions.
4. "ontrol and Administration:
10. ?st be vested in (ilipino citi9ens
20. 'efers to line positions1 sch as President1 Bean1 Principal1 and Trstees
30. (aclty members may be foreigners.
". ,tdent Poplation:
10. 3*)*'A+ 'C+*: "annot establish school e7clsively for aliens. Aliens can
only comprise p to 1K3 of total enrollment.
20. *I"*PT%<),: ,chools established for foreign diplomatic personnel and their
dependents1 and nless otherwise provided for by law for other foreign temporary
residents.
%%. Ta7 *7emptions
A. )on8stoc@1 non8profit edcational instittions:
10 All revenes and assets actally1 directly and e7clsively sed for edcational
prposes are e7empt from ta7es and dties.
20 This is self8e7ectory.
4. Proprietary edcational instittions1 inclding cooperatives:
10 *ntitled to e7emptions as may be provided by law1 inclding restrictions on
dividends and re8investment
20 'e5ires an enabling statte
30 3rants1 endowments1 donations and contribtions actally1 directly and
e7clsively sed for edcational prposes are e7empt from ta7es1 sbject to
conditions prescribed by law.
%%%. Academic (reedom
A. *dcational %nstittions
,chools have the freedom to determine:
10 Who may teach1
20 What may be taght1
30 Dow it shall be taght1 and
!0 Who may be admitted to stdy.
..
4. (aclty members
10 (ll freedom in research and in the pblication of the reslts1 sbject to the
ade5ate performance of their other academic dties.
20 (reedom in the classroom in discssing their sbjects1 bt they shold be
carefl not to introdce into their teaching controversial matter which has no
relation to their sbjects.
30 When faclty members spea@ or write in their capacity as citi9ens1 then they
are free from instittional censorship or discipline.
". ,tdents
They have the right to enjoy in school the garantees of the 4ill of 'ights.
B. +imitations
10 Bominant police power of the ,tate
20 ,ocial interest of the commnity
*. 4dgetary Priority:
10. *dcation mst be assigned the highest bdgetary priority.
20. 4CT: This command is not absolte. "ongress is free to determine what
shold be given bdgetary priority in order to enable it to respond to the
imperatives of national interest and for the attainment of other state policies or
objectives.
R!)i+i1s E21&*$i# i# P16)i& S&')s:
'eligion may be taght in pblic schools sbject to the following re5isites:
10 *7press written option by parents and gardians#
20 Taght within reglar class hors#
30 %nstrctors are designated and approved by the proper religios athorities# and
!0 W%TD<CT ABB%T%<)A+ "<,T T< TD* 3<>*')?*)T.
S!&$i# B5 L*#+1*+!
10 )ational langage: (ilipino
20 <fficial +angages: (ilipino1 and nless otherwise provided by law1 *nglish.
30 'egional langages are a7iliary to the official langages.
! -,panish and Arabic are promoted only on an optional and volntary basis.
ARTICLE FVI D 7ENERAL PROVISIONS
S!&$i#s 1D25 S/46)s " N*$i#*)i$/
10 (lag
'ed1 white1 and ble.
With a sn and 3 stars
The design may be changed by constittional amendment.
20 "ongress may1 by law1 adopt a new:
-a0 )ame for the contry1
-b0 )ational anthem1 or
-c0 )ational seal.
)ote: +aw will ta@e effect pon ratification by the people in a )AT%<)A+
'*(*'*)BC?.
./
S!&$i# =5 S$*$! I441#i$/
S1*6i)i$/ " S$*$!
10 The ,tate cannot be sed withot its consent.
20 When considered a sit against the ,tate
a0. The 'epblic is sed by name#
b0. ,its against an n8incorporated government agency#
c0. ,it is against a government official1 bt is sch that ltimate liability shall
devolve on the government
i. When a pblic officer acts in bad faith1 or beyond the scope of his
athority1 he can be held personally liable for damages.
ii. 4CT: %f he acted prsant to his official dties1 withot malice1
negligence1 or bad faith1 they are not personally liable1 and the sit is
really one against the ,tate.
30 This rle applies not only in favor of the Philippines bt also in favor of foreign states.
!0 The rle li@ewise prohibits a person from filing for interpleader1 with the ,tate as one
of the defendants being compelled to interplead.
C#s!#$ $ 6! s1!2
A. *7press consent:
10. The law e7pressly grants the athority to se the ,tate or any of its agencies.
20. *7amples:
a0. A law creating a government body e7pressly providing that sch body
Fmay se or be sed.G
b0. Art. 21.2 of the "ivil "ode1 which creates liability against the ,tate
when it acts throgh a special agent.
4. %mplied consent:
10. The ,tate enters into a private contract.
a0. The contract mst be entered into by the proper officer and within the
scope of his athority.
b0. C)+*,,: The contract is merely incidental to the performance of a
governmental fnction.
20. The ,tate enters into an operation that is essentially a bsiness operation.
a0. C)+*,,: The operation is incidental to the performance of a
governmental fnction -e.g. arrastre services0
b0. Ths1 when the ,tate condcts bsiness operations throgh a 3<""1
the latter can generally be sed1 even if its charter contains no
e7press Fse or be sedG clase.
30. ,it against an incorporated government agency.
a0 This is becase they generally condct propriety bsiness operations
and have charters which grant them a separate jridical personality.
!0. The ,tate files sit against a private party.
C)+*,,: The sit is entered into only to resist a claim.
7*%#is'4!#$ " +-!%#4!#$ "1#2s:
10 3*)*'A+ 'C+*: )<. Whether the money is deposited by way of general or special
deposit1 they remain government fnds and are not sbject to garnishment.
20 *I"*PT%<): A law or ordinance has been enacted appropriating a specific amont
to pay a valid government obligation1 then the money can be garnished.
/2
C#s!#$ $ 6! s1!2 is #$ !91i-*)!#$ $ &#s!#$ $ )i*6i)i$/:
10 The (act that the ,tate consented to being sed does not mean that the ,tate will
ltimately be held liable.
20 *ven if the case is decided against the ,tate1 an award cannot be satisfied by writs of
e7ection or garnishment against pblic fnds. 'eason: )o money shall be paid ot
of the pblic treasry nless prsant to an appropriation made by law.
S!&$i# @5 THE ARMED FORCES OF THE PHILIPPINES
C4(si$i#:
A citi9en armed force
P%'i6i$i#s *#2 2is91*)i"i&*$i#s:
10 ?ilitary men cannot engage1 directly or indirectly1 in any partisan political activity1
e7cept to vote.
20 ?embers of the A(P in active service cannot be appointed to a civilian position in the
government1 inclding 3<""s or their sbsidiaries.
T'! C'i!" " S$*"":
10 Tor of dty: )ot e7ceed to three years
20 *I"*PT%<): %n times of war or other national emergency as declared by "ongress1
the President may e7tend sch tor of dty.
ARTICLE FVIID AMENDMENTS OR REVISIONS
D!"i#i$i#s:
10 Amendment: an alteration of one or a few specific provisions of the "onstittion. %ts
main prpose is to improve specific provisions of the "onstittion. The changes
broght abot by amendments will not affect the other provisions of the "onstittion.
20 'evision: An e7amination of the entire "onstittion to determine how and to what
e7tent it shold be altered. A revision implies sbstantive change1 affecting the
"onstittion as a whole.
C#s$i$1!#$ (.!% -5 L!+is)*$i-! (.!%
10 Constituent power is the power to formlate a "onstittion or to propose
amendments to or revisions of the "onstittion and to ratify sch proposal.
Legislative power is the power to pass1 repeal or amend or ordinary laws or stattes
-as opposed to organic law0.
20 Constituent power is e7ercised by "ongress -by special constittional conferment01
by a "onstittional "onvention or "ommission1 by the people throgh initiative and
referendm1 and ltimately by sovereign electorate1 whereas legislative power is an
ordinary power of "ongress and of the people1 also throgh initiative and
referendm.
30 The e7ercise of constituent power does not need the approval of the "hief *7ective1
whereas the e7ercise of legislative power ordinarily needs the approval of the "hief
*7ective1 e7cept when done by people throgh initiative and referendm.
T'%!! (=) s$!(s #!&!ss*%/ $ +i-! !""!&$ $ *4!#24!#$s *#2 %!-isi#s:
10 Proposal of amendments or revisions by the proper constitent assembly#
20 ,bmission of the proposed amendments or revisions# and
30 'atification.
/1
P%(s*) " *4!#24!#$s:
Amendments may be proposed by:
A. "ongress1 acting as a constitent assembly1 by a 3K! vote of all its members.
The power of "ongress to propose amendments is )<T part of its ordinary
legislative power.
The only reason "ongress can e7ercise sch power is that the "onstittion has
granted it sch power.
4. "onstittional "onvention:
10 Dow a "onstittional "onvention may be called
a0. "ongress may call a "on"on by a 2K3 vote of all its members# or
b0. 4y a majority vote of all its members1 "ongress may sbmit to the
electorate the 5estion of whether to call a "on"on or not.
20 "hoice of which constitent assembly -either "ongress or "on"on0 shold
initiate amendments and revisions is left to the discretion of "ongress. %n
other words1 it is a political 5estion.
30 4CT: The manner of calling a "on"on is sbject to jdicial review1 becase
the "onstittion has provided for vote re5irements.
!0 %f "ongress1 acting as a constitent assembly1 calls for a "on"on bt does not
provide the details for the calling of sch "on"on1 "ongress 8 e7ercising its
ordinary legislative power 8 may spply sch details. 4t in so doing1
"ongress -as legislatre0 shold not transgress the resoltion of "ongress
acting as a constitent assemble.
$0 "ongress1 as a constitent assembly and the "on"on have no power to
appropriate money for their e7penses. ?oney may be spent from the
treasry only to prsant to an appropriation made by law.
". PeopleEs %nitiative
10 Petition to propose sch amendments mst be signed be at least 12Q of A++
registered voters.
20 *very legislative district represented by at least 3Q of the registered voters
therein.
30 Limitation.
%t cannot be e7ercised oftener than once every $ years.
&ote.
10 While the sbstance of the proposals made by each type of constitent assembly is
not sbject to jdicial review1 the manner the proposals are made is sbject to
jdicial review.
20 ,ince these constitent assemblies owe their e7istence to the "onstittion1 the
corts may determine whether the assembly has acted in accordance with the
"onstittion.
30 *7amples of jsticiable isses:
a0 Whether a proposal was approved by the re5ired nmber of votes in
"ongress -acting as a constitent assembly0.
b0 Whether the approved proposals were properly sbmitted to the people for
ratification.
P%(s*) " R!-isi#s
10 4y "ongress1 pon a vote of 3K! of its members
20 4y a constittional convention
/2
R*$i"i&*$i#
10 Amendments and revisions proposed by "ongress andKor by a "on"on:
a0 >alid when ratified by a ?AH<'%T= of votes cast in a plebiscite.
b0 Plebiscite is held not earlier than &2 days nor later than /2 days from the
approval of sch amendments or revisions.
20 Amendments proposed by the people via initiative:
a0 >alid when ratified by a ?AH<'%T= of votes cast in a plebiscite.
b0 Plebiscite is held not earlier than &2 days nor later than /2 days after the
certification by "<?*+*" of the petitionSs sfficiency.
30 'e5isites of a valid ratification:
a0 Deld in a plebiscite condcted nder the election law#
b0 ,pervised by the "<?*+*"# and
c0 Where only franchised voters -registered0 voters ta@e part.
!0 %sses regarding ratification:
a0 The "onstittion does not re5ire that amendments and revisions be
sbmitted to the people in a special election. Ths1 they may be sbmitted for
ratification simltaneosly with a general election.
b0 The determination of the conditions nder which proposed
amendmentsKrevisions are sbmitted to the people falls within the legislative
sphere. That "ongress cold have done better does not ma@e the steps
ta@en nconstittional.
c0 All the proposed amendmentsKrevisions made by the constitent assemblies
mst be sbmitted for ratification in one single plebiscite. There cannot be a
piece8meal ratification of amendmentsKrevisions.
d0 Presidential proclamation is )<T re5ired for effectivity of
amendmentsKrevisions1 C)+*,, the proposed amendmentsKrevisions so
provide.
ARTICLE FVIII D TRANSITORY PROVISIONS
E""!&$i-i$/ " $'! 1JEC C#s$i$1$i#
The 1/.A "onstittion too@ effect immediately pon its ratification.
According to the ,"1 this too@ place on (ebrary 21 1/.A1 which was the day the
people cast their votes ratifying the "onstittion.
Mi)i$*%/ 6*s!s *+%!!4!#$s
10 'enewals of military bases agreements mst be throgh a strict treaty.
20 'atification of the agreement in a plebiscite is necessary only when "ongress so
re5ires.
30 ,ection 2$ of Article I>%%% allows possible local deployment of only A?*'%"A)
forces.

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POLI TI CAL LAW ( CONS T I T UT I ONAL LAW)

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