Beruflich Dokumente
Kultur Dokumente
Abstract
We, the sovereign Filipino people, imploring the aid of Almighty God, in
order to build a just and Humane Society and establish a Government that shall
embody our ideals and aspirations, promote the common good, conserve and
develop our patrimony, and secure to ourselves and posterity, the blessings of
Independence and Democracy, under the Rule of Law, a Regime of Truth,
Justice, Freedom, Love, Equality and Peace, do ordain and promulgate this
Constitution.
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
jurisdiction
4. Consisting of its
a. Terrestrial
b. Fluvial; and
c. Aerial domains
5. Including its
a. Territorial sea
b. The seabed
c. The subsoil
d. The insular shelves; and
e. The other submarine areas
6. The waters
a. Around
b. Between and
c. Connecting
d. The islands of the archipelago
Regardless of their breadth and dimensions
Form part of the INTERNAL WATERS of the Philippines
sovereignty or
CODE: TFA
CODE: TSSIO
CODE: ABCI
Definition of Archipelago
An archipelago is a body of water studded with islands. The Philippine archipelago
is that body of water studded with islands which is delineated in the Treaty of Paris
(1898), as amended by the Treaty of Washington (1900) and the Treaty of Great Britain
(1930).
Definition of all other territories over which the Philippines has sovereignty or
jurisdiction
It includes any territory that presently belongs or might in the future belong to the
Philippines through any of the internationally accepted modes of acquiring territory.
Archipelagic principle
Two elements:
1. The definition of internal waters (as provided above);
2. The straight baseline method of delineating the territorial sea consists of
drawing straight lines connecting appropriate points on the coast without
departing to any appreciable extent from the general direction of the coast.
Definition of People
1.
2.
3.
4.
CODE: PTSG
CODE: CNCH
A Community of persons;
Sufficient in Number;
Capable of maintaining the continued existence of the community; and
Held together by a common bond of law.
Definition of Sovereignty
1. LEGAL sovereignty
a. The supreme power to make law.
b. It is lodged in the people.
2. POLITICAL sovereignty
a. The sum total of all the influences in a state,
b. Legal and non-legal,
c. Which determine the course of law.
3. According to the Principle of AUTO-LIMITATION:
Sovereignty is the property of the state-force due to which it has the exclusive
capacity of legal self-determination and self-restriction.
Definition of Government
1.
2.
3.
4.
5.
Classification of governments
1. De jure
2. De facto
Diplomatic
SEC 3. Civilian authority is, at all times, supreme over the military. The Armed
Forces of the Philippines is the protector of the people and the State. Its goal is to
secure the sovereignty of the State and the integrity of the national territory.
SEC. 16. The State shall protect and advance the right of the people to a balanced
and healthful ecology in accord with the rhythm and harmony of nature.
1.
2.
While the right to a balanced and healthful ecology is found under the
declaration of Principle and State Policies and not under the Bill of Rights, it
does not follow that it is less important than any of the civil and political rights
enumerated in the latter. (Oposa v. Factoran)
The right to a balanced and healthful ecology carries with it the correlative
duty to refrain from impairing the environment. (Oposa v. Factoran)
SEC. 26. The State shall guarantee equal access to opportunities for public
service, and prohibit political dynasties as may be defined by law.
SEC. 27. The State shall maintain honesty and integrity in the public service and
take positive and effective measures against graft and corruption.
SEC. 28. Subject to reasonable conditions prescribed by law, the State adopts and
implements a policy of full public disclosure of all its transactions involving public
interest.
ARTICLE III BILL OF RIGHTS
Section 1. No person shall be deprived of life, liberty or property without due
process of law, nor shall any person be denied the equal protection of the laws.
Definition of Police Power:
1)
2)
3)
4)
5)
6)
7)
CODE: SGEE
Section 2. The right of the people to be secure in their persons, houses, papers,
and effects against unreasonable searches and seizures of whatever nature and
for any purpose shall be inviolable, and no search warrant or warrant of arrest
shall issue except upon probable cause to be determined personally by the judge
after examination under oath or affirmation of the complainant and the witnesses
he may produce, and particularly describing the place to be searched and the
person or things to be seized.
General Rule: Search and seizures are unreasonable UNLESS authorized by a validly
issued search warrant or warrant of arrest
Requisites for a valid warrant:
CODE:
P J E D
3. The judge must EXAMINE UNDER OATH the complainant and the witnesses
he may produce.
4. The warrant must PARTICULARLY DESCRIBE the place to be searched and
person or things to be seized.
Definition of PROBABLE CAUSE
For the issuance of a warrant of arrest:
Probable cause refers to such facts and circumstances which would lead
a reasonably discreet and prudent man to believe that an offense has been
committed by the person sought to be arrested.
For the issuance of a search warrant:
Probable cause would mean such facts and circumstances which would
lead a reasonably discreet and prudent man to believe that an offense has been
committed and that the objects sought in connection with the offense are in the
place to be searched.
Note: Probable cause for the issuance of a search warrant does NOT require that the
probable guilt of a specific offender be established, unlike in the case of a warrant of
arrest.
Existence of probable cause DETERMINED PERSONALLY BY THE JUDGE
The judge is NOT required to personally examine the complainant and his witnesses.
What the Constitution underscores is the exclusive and personal responsibility of the
issuing judge to satisfy himself of the existence of probable cause (Soliven v. Makasiar,
167 SCRA 394).
To be sure, the Judge must go beyond the prosecutors certification and investigation
report whenever necessary (Lim v. Felix).
Procedure:
1. The judge personally evaluates the report and supporting documents submitted by
the fiscal regarding the existence of probable cause and, on the basis thereof, issue
a warrant of arrest or
2. If on the basis thereof, the judge finds no probable cause, he may disregard the
fiscals report and require the submission of supporting affidavits of witnesses to aid
him in arriving at the conclusion as to the existence of probable cause.
Examination UNDER OATH OR AFFIRMATION OF THE COMPLAINANT AND
WITNESSES
1. The oath required must refer to the truth of the facts within the personal knowledge
of the complainant or his witnesses because the purpose is to convince the judge of
the existence of probable cause (Alvarez v. CFI, 64 Phil. 33).
2. The true test of sufficiency of an affidavit to warrant the issuance of a search warrant
is whether it has been drawn in such a manner that perjury could be charged thereon
and affiant be held liable for the damages caused (Alvarez v. CFI).
PARTICULARITY OF DESCRIPTION (SEARCH WARRANT)
1. A search warrant may be said to particularly describe the things to be seized when
the description therein is as specific as the circumstances will ordinarily allow
or
2. When the description expresses a conclusion of fact not of law by which the
warrant officer may be guided in making the search and seizure or
3. When the things described are limited to those which bear a direct relation to
the offense for which the warrant is being issued (Bache and Co. v. Ruiz, 37 SCRA
823).
CRITERION
There
should
be
a
RATIONAL
CONNECTION between the speech and the
evil apprehended.
Freedom of Speech
The doctrine on freedom of speech was formulated primarily for the protection of core
speech, i.e. speech which communicates political, social or religious ideas. These
enjoy the same degree of protection. Commercial speech, however, does not.
Commercial Speech
1. A communication which no more than proposes a commercial transaction.
2. To enjoy protection:
a. It must not be false or misleading; and
b. It should not propose an illegal transaction.
3. Even truthful and lawful commercial speech may be regulated if:
a. Government has a substantial interest to protect;
b. The regulation directly advances that interest; and
c. It is not more extensive than is necessary to protect that interest. (Central
Hudson Gas and Electric Corp. v. Public Service Commission of NY, 447 US
557)
Unprotected Speech
1. LIBEL
A. FAIR COMMENT (U.S. Rule). These are statements of OPINION, not of fact,
and are not considered actionable, even if the words used are neither mild nor
temperate. What is important is that the opinion is the true and honest opinion of
the person. The statements are not used to attack personalities but to give ones
opinion on decisions and actions.
B. OPINIONS. With respect to public personalities (politicians, actors, anyone with
a connection to a newsworthy event), opinions can be aired regarding their public
actuations. Comment on their private lives, if not germane to their public
personae, are not protected.
2. OBSCENITY
A. Test for obscenity (Miller v. California)
i.
Whether the average person, applying contemporary community
standards would find that the work, taken as a whole, appeals to
the prurient interest.
ii.
Whether the work depicts or describes, in a patently offensive
way, sexual conduct, specifically defined by law.
iii.
Whether the work, taken as a whole, lacks serious literary, artistic,
political or scientific value.
B. Procedure for seizure of allegedly obscene publications
i.
Authorities must apply for issuance of search warrant.
ii.
Court must be convinced that the materials are obscene. Apply
clear and present danger test.
iii.
Judge will determine whether they are in fact obscene.
iv.
Judge will issue a search warrant.
v.
Proper action should be filed under Art. 201 of the RPC.
vi.
Conviction is subject to appeal.
Right of Assembly and Petition
1. The standards for allowable impairment of speech and press also apply to the right
of assembly and petition.
2. Rules on assembly in public places:
i.
Applicant should inform the licensing authority of the date, the public
place where and the time when the assembly will take place.
ii.
The application should be filed ahead of time to enable the public official
concerned to appraise whether there are valid objections to the grant of
the permit or to its grant, but in another public place. The grant or refusal
should be based on the application of the Clear and Present Danger Test.
iii.
If the public authority is of the view that there is an imminent and grave
danger of a substantive evil, the applicants must be heard on the matter.
iv.
The non-establishment clause does not depend upon any showing of direct
governmental compulsion. It is violated by the enactment of laws which establish an
official religion whether those laws operate directly to coerce non-observing
individuals or not. The test of compliance with the non-establishment clause can be
stated as follows: What are the purposes and primary effect of the enactment? If
either is the advancement or inhibition of religion, the law violates the nonestablishment clause. Thus, in order for a law to comply with the non-establishment
clause, two requisites must be met. First, it has a secular legislative purpose.
Second, its primary effect neither advances nor inhibits religion.
2.
The free exercise of religion clause withdraws from legislative power the exertion
of any restraint on the free exercise of religion. In order to show a violation of this
clause, the person affected must show the coercive effect of the legislation as it
operates against him in the practice of his religion. While the freedom to believe
(non-establishment) is absolute, the moment such belief flows over into action, it
becomes subject to government regulation.
Curtailment of rights:
RIGHT
1. Liberty of abode
MANNER OF CURTAILMENT
Lawful order of the court and within the limits
prescribed by law.
2. Right to travel
Note: The right to travel and the liberty of abode are distinct from the right to return to
ones country, as shown by the fact that the Declaration of Human Rights and the
Covenant on Human Rights have separate guarantees for these. Hence, the right to
return to ones country is not covered by the specific right to travel and liberty of abode.
(Marcos v. Manglapus)
Section 7. The right of the people to information on matters of public concern
shall be recognized.
Rights guaranteed under Section 7
1. Right to information on matters of public concern
2. Right of access to official records and documents
Persons entitled to the above rights
Only Filipino citizens.
Discretion of government
The government has discretion with respect to the authority to determine what matters
are of public concern and the authority to determine the manner of access to them.
Recognized restrictions on the right of the people to information:
1.
2.
3.
4.
5.
6.
7.
8.
Section 8. The right of the people, including those employed in the public and
private sectors, to form unions, associations, or societies for purposes not
contrary to law, shall not be abridged.
The right to form associations shall not be impaired without due process of law and is
thus an aspect of the right of liberty. It is also an aspect of the freedom of contract. In
addition, insofar as the associations may have for their object the advancement of
beliefs and ideas, the freedom of association is an aspect of the freedom of speech and
expression, subject to the same limitation.
Government employees have the right to form unions. They also have the right to strike,
unless there is a statutory ban on them.
Section 9. Private property shall not be taken for public use without just
compensation.
Who can exercise the power of eminent domain:
1) The national government
a. Congress
b. Executive, pursuant to legislation enacted by Congress
2) Local government units, pursuant to an ordinance enacted by their respective
legislative bodies (under LGC)
3) Public utilities, as may be delegated by law.
When is the exercise of the power of eminent domain necessary?
It is only necessary when the owner does not want or opposes the sale of his property.
Thus, if a valid contract exists between the government and the owner, the government
cannot exercise the power of eminent domain as a substitute to the enforcement of the
contract.
Elements of the power of eminent domain
1) There is a TAKING of private property
2) Taking is for PUBLIC USE
3) Payment of JUST COMPENSATION
"TAKING"
A. Elements: CODE: E P A P O
1.
2.
3.
4.
5.
B. Compensable taking does not need to involve all the property interests which
form part of the right of ownership. When one or more of the property rights
are appropriated and applied to a public purpose, there is already a
compensable taking, even if bare title still remains with the owner.
"PUBLIC USE"
1. Public use, for purposes of expropriation, is synonymous with public welfare
as the latter term is used in the concept of police power.
2. Examples of public use include land reform and socialized housing.
"JUST COMPENSATION"
1. Compensation is just if the owner receives a sum equivalent to the market
value of his property. Market value is generally defined as the fair value of
the property as between one who desires to purchase and one who desires
to sell.
2. The point of reference use in determining fair value is the value at the time
the property was taken. Thus, future potential use of the land is not
considered in computing just compensation.
Judicial review of the exercise of the power of eminent domain
1. To determine the adequacy of the compensation
2. To determine the necessity of the taking
3. To determine the "public use" character of the taking. However, if the
expropriation is pursuant to a specific law passed by Congress, the courts
cannot question the public use character of the taking.
When municipal property is taken by the State:
Compensation is required if the property is a patrimonial property, that is, property
acquired by the municipality with its private funds in its corporate or private capacity.
However, if it is any other property such a public buildings or legua comunal held by the
municipality for the State in trust for the inhabitants, the State is free to dispose of it at
will.
Point of reference for valuating a piece of property:
General rule: The value must be that as of the time of the filing of the complaint for
expropriation.
Exception: When the filing of the case comes later than the time of taking and
meanwhile the value of the property has increased because of the use to which the
expropriator has put it, the value is that of the time of the earlier taking. BUT if the value
increased independently of what the expropriator did, then the value is that of the latter
filing of the case.
Section 10. No law impairing the obligation of contracts shall be passed.
When does a law impair the obligation of contracts:
1) If it changes the terms and conditions of a legal contract either as to the time or
mode of performance
2) If it imposes new conditions or dispenses with those expressed
3) If it authorizes for its satisfaction something different from that provided in its terms.
A mere change in PROCEDURAL REMEDIES which does not change the substance of
the contract, and which still leaves an efficacious remedy for enforcement does NOT
impair the obligation of contracts.
A valid exercise of police power is superior to obligation of contracts.
Section 12.
offense.
DUE PROCESS
This means that the accused can only be convicted by a tribunal which is required to comply
with the stringent requirements of the rules of criminal procedure.
PRESUMPTION OF INNOCENCE
The Constitution does not prohibit the legislature from providing that proof of certain facts leads
to a prima facie presumption of guilt, provided that the facts proved have a reasonable
connection to the ultimate fact presumed.
Presumption of guilt should not be conclusive.
C. The accused may waive the right to be present at the trial by not showing up.
However, the court can still compel the attendance of the accused if necessary for
identification purposes. EXCEPTION: If the accused, after arraignment, has
stipulated that he is indeed the person charged with the offense and named in the
information, and that any time a witness refers to a name by which he is known, the
witness is to be understood as referring to him.
D. While the accused is entitled to be present during promulgation of judgement, the
absence of his counsel during such promulgation does not affect its validity.
2. Right to counsel
(a) Right to counsel means the right to EFFECTIVE REPRESENTATION.
(b) If the accused appears at arraignment without counsel, the judge must:
(i) Inform the accused that he has a right to a counsel before arraignment
(ii) Ask the accused if he desires the aid of counsel
(iii) If the accused desires counsel, but cannot afford one, a counsel de oficio must
be appointed
(iv) If the accused desires to obtain his own counsel, the court must give him a
reasonable time to get one.
3. Right to an impartial judge
4. Right of confrontation and cross-examination
5. Right to compulsory process to secure the attendance of witnesses
RIGHT TO BE INFORMED OF THE NATURE AND CAUSE OF ACCUSATION AGAINST
HIM
Purposes of the right:
1) To furnish the accused with a description of the charge against him as will enable him to
make his defenses
2) To avail himself of his conviction or acquittal against a further prosecution for the same
cause
3) To inform the court of the facts alleged.
If the information fails to allege the material elements of the offense, the accused cannot be
convicted thereof even if the prosecution is able to present evidence during the trial with respect
to such elements.
The real nature of the crime charged is determined from the recital of facts in the information. It
is not determined based on the caption or preamble thereof nor from the specification of the
provision of law allegedly violated.
RIGHT TO SPEEDY, IMPARTIAL AND PUBLIC TRIAL
Factors used in determining whether the right to a speedy trial has been violated
1) Time expired from the filing of the information
2) Length of delay involved
3.
The punishment must not be so severe as to be degrading to the dignity of human beings.
It must not be applied arbitrarily.
It must not be unacceptable to contemporary society
It must not be excessive, i.e. it must serve a penal purpose more effectively than a less
severe punishment would.
Excessive fine
A fine is excessive, when under any circumstance, it is disproportionate to the offense.
Note: Fr. Bernas says that the accused cannot be convicted of the crime to which the
punishment is attached if the court finds that the punishment is cruel, degrading or inhuman.
Reason: Without a valid penalty, the law is not a penal law.
Section 20. No person shall be imprisoned for debt or non-payment of a poll tax.
Definition of debt under Section 20
1) Debt refers to a CONTRACTUAL obligation, whether express or implied, resulting in any
liability to pay money. Thus, all other types of obligations are not within the scope of this
prohibition.
2) Thus, if an accused fails to pay the fine imposed upon him, this may result in his subsidiary
imprisonment because his liability is ex delicto and not ex contractu.
A person is charged
Under a complaint or information sufficient in form and substance to sustain a conviction
Before a court of competent jurisdiction
After the person is arraigned
Such person enters a valid plea.
Acquittal
Conviction
Dismissal W/O the EXPRESS consent of the accused
Dismissal on the merits.
Double jeopardy will result if the act punishable under the law and the ordinance are the same.
For there to be double jeopardy, it is not necessary that the offense be the same.
SUPERVENING FACTS
1) Under the Rules of Court, a conviction for an offense will not bar a prosecution for an
offense which necessarily includes the offense charged in the former information where:
A. The graver offense developed due to a supervening fact arising from the same act or
omission constituting the former charge.
B. The facts constituting the graver offense became known or were discovered only
after the filing of the former information.
C. The plea of guilty to the lesser offense was made without the consent of the fiscal
and the offended party.
2) Under (1)(b), if the facts could have been discovered by the prosecution but were not
discovered because of the prosecutions incompetence, it would not be considered a
supervening event.
Effect of appeal by the accused:
If the accused appeals his conviction, he WAIVES his right to plead double jeopardy. The whole
case will be open to review by the appellate court. Such court may even increase the penalties
imposed on the accused by the trial court.
Section 22. No ex post facto law or bill of attainder shall be enacted.
Definition of ex-post facto law.
1) One which makes an action done before the passing of the law, and which was innocent
when done, criminal, and punishes such action.
2) One which aggravates the crime or makes it greater than when it was committed.
3) One which changes the punishment and inflicts a greater punishment than that which the
law annexed to the crime when it was committed.
4) One which alters the legal rules of evidence and receives less testimony than the law
required at the time of the commission of the offense in order to convict the accused.
5) One which assumes to regulate civil rights and remedies only BUT, in effect, imposes a
penalty or deprivation of a right, which, when done, was lawful.
6) One which deprives a person accused of a crime of some lawful protection to which he has
become entitled such as the protection of a former conviction or acquittal, or a proclamation
of amnesty.
Note: The prohibition on ex post facto laws only applies to retrospective PENAL laws.
Definition of BILL OF ATTAINDER
1) A bill of attainder is a LEGISLATIVE act which inflicts punishment W/O JUDICIAL trial.
2) The bill of attainder does not need to be directed at a specifically named person. It may
also refer to easily ascertainable members of a group in such a way as to inflict punishment
on them without judicial trial.
3) Elements of the bill of attainder
A. There must be a LAW.
B. The law imposes a PENAL burden on a NAMED INVIDIDUAL/EASILY
ASCERTAINABLE MEMBERS of a GROUP.
C. The penal burden is imposed DIRECTLY by the LAW W/O JUDICIAL trial.
ARTICLE IV CITIZENSHIP
Who are citizens of the Philippines?
1) Those who are citizens of the Philippines at the time of the adoption of the 1987 Constitution
2) Those whose fathers or mothers are citizens of the Philippines.
3) Those born before January 17, 1973 of Filipino mothers, who elect Philippine citizenship
upon reaching the age of majority.
3. By repatriation
ARTICLE V SUFFRAGE
Qualifications:
1)
2)
3)
4)
5)
CODE: CD18RR
Note: NO literacy, property or other substantive requirement can be imposed on the exercise of
suffrage.
Residency requirement
Residency, under Article V has 2 senses:
1. DOMICILE This is in reference to the 1 year residency requirement in the Philippines.
2. TEMPORARY RESIDENCE This is in reference to the 6 month residency requirement in
the place where one wants to vote. In this case, residence can either mean domicile or
temporary residence.
Disqualifications:
1) Any person sentenced by final judgment to imprisonment of not less than 1 year, which
disability has not been removed by plenary pardon.
2) Any person adjudged by final judgment of having violated his allegiance to the Republic of
the Philippines.
3) Insane or feeble-minded persons.
Note Under the 2nd disqualification, the right to vote is automatically re-acquired upon the
expiration of 5 years after the service of sentence.
EXCEPTIONS:
1. Delegation of legislative power to local government units;
2. Instances when the Constitution itself allows for such delegation [see Art. VI Sec. 23(2)]
What may Congress delegate:
Congress can only delegate, usually to administrative agencies, RULE-MAKING POWER or
LAW EXECUTION. This involves either of two tasks for the administrative agencies:
1. Filling up the details on an otherwise complete statute; or
2. Ascertaining the facts necessary to bring a contingent law or provision into actual
operation.
Sections 2-4. SENATE
Composition
24 senators who shall be elected at large by the qualified voters of the Philippines, as may be
provided by law.
Qualifications
1.
2.
3.
4.
5.
Natural-born citizen;
At least 35 years old on the day of election;
Able to read and write;
A registered voter; and
Philippine resident for at least 2 years immediately preceding the day of the election.
Note: The qualifications of both Senators and Members of the House are limited to those
provided by the Constitution.
Congress cannot, by law, add or subtract from these
qualifications.
Term of Office:
6 years, commencing (unless otherwise provided by law) at noon, 30 June next following their
election.
Term Limitations:
1. No Senator shall serve for more than 2 consecutive terms.
2. Voluntary renunciation of office for any length of time shall not be considered as an
interruption in the continuity of his service for the full term for which he was elected.
Term of Office
1. Each member of the House shall be elected for a term of three (3) years which shall
commence (unless otherwise provided for by law) at noon on 30 June next following their
election.
2. Voluntary renunciation of office for any length of time shall not be considered as an
interruption in the continuity of his service for the full term for which he was elected.
Term Limitations
No member of the House of Representatives shall serve for more than three (3) consecutive
terms.
Distinctions between Term and Tenure
1. Definition
a. Terms means the period during which the elected officer is legally authorized to
assume his office and exercise the powers thereof.
b. Tenure is the actual period during which such officer actually holds his position.
2. Limitation/Possible Reduction
a. Term CANNOT be reduced.
b. Tenure MAY, by law, be limited. Thus, a provision which considers an elective office
automatically vacated when the holder thereof files a certificate of candidacy for
another elective office (except President and Vice-President) is valid, as it only
affects the officers tenure and NOT his constitutional term.
Party-List Representatives
1. Constitute 20% of the total number of representatives, including those under the party-list
system (thus a maximum of 50 party-list members of the House)
2. However, for 3 consecutive terms from 2 February 1987 (i.e., the 1987-92, 92-95 and 95-98
terms), 25 seats shall be allotted to sectoral representatives. Under Art. XVIII, Sec. 7, the
sectoral representatives are to be appointed by the President until legislation otherwise
provides.
3. Mechanics of the party-list system:
a. Registered organizations submit a list of candidates in order of priority.
b. During the elections, these organizations are voted for at large.
c. The number of seats that each organization gets out of the 20% allotted to the
system depends on the number of votes they get.
4. Qualifications
a. Natural born citizen of the Philippines
b. At least 25 years of age on the day of the election
c. Able to read and write
SEC. 9. In case of vacancy in the Senate or in the House of Representatives, a SPECIAL
ELECTION may be called to fill such vacancy in the manner prescribed by law, but the
Senator or Member of the House of Representatives thus elected shall serve only for the
unexpired term.
SEC. 10. Salaries of Senators and Members of the House
Determination of Salaries:
Salaries of Senators and Members of the House of Representatives shall be determined by law.
Rule on increase in salaries:
No increase in their salaries shall take effect until after the EXPIRATION OF THE FULL
TERM (NOT TENURE) OF ALL THE MEMBERS OF THE SENATE AND THE HOUSE OF
REPRESENTATIVES APPROVING SUCH INCREASE.
Note: Since the Constitution provides for rules on salaries and not on emoluments, our
distinguished legislators can appropriate for themselves other sums of money such as travel
allowances, as well as other side benefits.
(iii)
SEC. 12. All Members of the Senate and the House of Representatives shall, upon
assumption of office, make a full disclosure of their financial and business interests.
They shall notify the House concerned of a potential conflict of interest that may arise
from the filing of a proposed legislation of which they are authors.
SEC. 13-14: CONGRESSIONAL DISQUALIFICATIONS:
Disqualifications:
DISQUALIFICATION
WHEN APPLICABLE
1. Senator/Member of the House cannot During his term. If he does so, he forfeits
hold any other office or employment in the his seat.
Government or any subdivision, agency or
Instrumentality thereof, including GOCCS
or their subsidiaries.
2. Legislators cannot be appointed to any IF the office was created or the
office.
emoluments thereof increased during the
term for which he was elected.
Discipline:
1.) Suspension
a. Concurrence of 2/3 of ALL its members and
b. Shall not exceed 60 days.
2.) Expulsion
a. Concurrence of 2/3 of ALL its members.
Congressional Journals and Records:
1.) The Journal is conclusive upon the courts.
2.) BUT an enrolled bill prevails over the contents of the Journal.
3.) An enrolled bill is the official copy of approved legislation and bears the certifications of the
presiding officers of each House. Thus where the certifications are valid and are not
withdrawn, the contents of the enrolled bill are conclusive upon the courts as regards the
provision of that particular bill.
Adjournments:
1.) Neither House can adjourn for more than 3 days during the time Congress is in session
without the consent of the other House.
2.) Neither can they adjourn to any other place than that where the two houses are sitting,
without the consent of the other.
Section 17: THE ELECTORAL TRIBUNAL
The Senate and the House shall each have an Electoral Tribunal which shall be
composed of:
1. 3 Supreme Court Justices to be designated by the Chief Justice; &
2. 6 Members of the Senate or House, as the case may be.
The senior Justice in the Electoral Tribunal shall be its Chairman.
Note: The congressional members of the ETs shall be chosen on the basis of proportional
representation from the political parties and party-list organizations.
Jurisdiction:
1.) Each ET shall be the sole judge of all CONTESTS relating to the election, returns, and
qualifications of their respective members. This includes determining the validity or invalidity
of a proclamation declaring a particular candidate as the winner.
2.) An election contest is one where a defeated candidate challenges the qualification and
claims for himself the seat of a proclaimed winner.
3.) In the absence of an election contest, the ET is without jurisdiction. However, the power of
each House to expel its own members or even to defer their oath-taking until their
qualifications are determined may still be exercised even without an election contest.
2.) Congress CANNOT by law prescribe that the appointment of a person to an office created
by such law shall be subject to confirmation by the CA.
3.) Appointments extended by the President to the above-mentioned positions while Congress
is not in session shall only be effective until disapproval by the CA or until the next
adjournment of Congress.
Meetings of the CA
1.) CA meets only while Congress is in session.
2.) Meetings are held either at the call of the Chairman or a majority of all its members.
3.) Since the CA is also an independent constitutional body, its rules of procedure are also
outside the scope of congressional powers as well as that of the judiciary.
Note: The ET and the CA shall be constituted within 30 days after the Senate and the House of
Representative shall have been organized with the election of the President and the Speaker.
Sections 21-22: LEGISLATIVE INQUIRIES
Scope:
1. Either House or any of their committees may conduct inquires in aid of legislation.
2. In aid of legislation does not mean that there is pending legislation regarding the subject of
the inquiry. In fact, investigation may be needed for purposes of proposing future legislation.
3. If the stated purpose of the investigation is to determine the existence of violations of the
law, the investigation is no longer in aid of legislation but in aid of prosecution. This
violates the principle of separation of powers and is beyond the scope of congressional
powers.
Enforcement:
1. Since experience has shown that mere requests for information does not usually work,
Congress has the inherent power to punish recalcitrant witnesses for contempt, and may
have them incarcerated until such time that they agree to testify.
2. The continuance of such incarceration only subsists for the lifetime, or term, of such body.
Once the body ceases to exist after its final adjournment, the power to incarcerate ceases to
exist as well. Thus, each Congress of the House lasts for only 3 years. But if one is
incarcerated by the Senate, it is indefinite because the Senate, with its staggered terms, is a
continuing body.
3. BUT, in order for a witness to be subject to this incarceration, the primary requirement is that
the inquiry is within the scope of Congress powers. i.e. it is in aid of legislation.
4. The materiality of a question is determined not by its connection to any actually pending
legislation, but by its connection to the general scope of the inquiry.
5. The power to punish for contempt is inherent in Congress and this power is sui generis. It
cannot be exercised by local government units unless they are expressly authorized to do
so.
Limitations:
1. The inquiry must be conducted in accordance with the duly published rules of procedure of
the House conducting the inquiry; and
2. The rights of persons appearing in or affected by such inquiries shall be respected. Ex. The
right against self-incrimination.
Appearance by department heads before Congress:
1.
Since members of the executive department are co-equals with those of the legislative
department, under the principle of separations of powers, department heads cannot be
compelled to appear before Congress. Neither may the department heads impose their
appearance upon Congress.
2.
3.
Appropriation bills
Revenue bills
Tariff bills
Bills authorizing the increase of public debt
Bills of local application
Private bills
A revenue bill is one specifically designed to raise money or revenue through imposition or
levy.
2.
Thus, a bill introducing a new tax is a revenue bill, but a provision in, for instance, the
Videogram Regulatory Board law imposing a tax on video rentals does not make the law a
revenue bill.
f.
g. If Congress fails to pass General Appropriations Bill (GAB) by the end of any fiscal year:
i. The GAB for the previous year is deemed reenacted
ii. It will remain in full force and effect until the GAB is passed by Congress.
2. For law granting tax exemption
It should be passed with the concurrence of a MAJORITY of ALL the members of Congress.
3. For bills in general
a. Every bill shall embrace only one (1) subject, as expressed in the title thereof
i.
As a mandatory requirement
ii.
The title does not have to be a complete catalogue of everything stated in the bill.
It is sufficient if the title expresses the general subject of the bill and all the
provisions of the statute are germane to that general subject.
iii.
A bill which repeals legislation regarding the subject matter need not state in the
title that it is repealing the latter. Thus, a repealing clause in the bill is considered
germane to the subject matter of the bill.
b. Readings
1. In order to become a law, each bill must pass three (3) readings in both Houses.
2. General rule: Each reading shall be held on separate days & printed copies thereof
in its final form shall be distributed to its Members three (3) days before its passage.
3. Exception: If a bill is certified as urgent by the President as to the necessity of its
immediate enactment to meet a public calamity or emergency, the 3 readings can be
held on the same day.
4. First reading only the title is read; the bill is passed to the proper committee
Second reading Entire text is read and debates are held, and amendments
introduced.
Third reading only the title is read, no amendments are allowed. Vote shall be
taken immediately thereafter and the yeas and nays entered in the journal.
Veto power of President:
1. Every bill, in order to become a law, must be presented to and signed by the President.
2. If the President does not approve of the bill, he shall veto the same and return it with his
objections to the House from which it originated. The House shall enter the objections in
the Journal and proceed to reconsider it.
3. The President must communicate his decision to veto within 30 days from the date of
receipt thereof. If he fails to do so, the bill shall become a law as if he signed it.
4. This rule eliminates the pocket veto whereby the President would simply refuse to act on
the bill.
5. To OVERRIDE the veto, at least 2/3 of ALL the members of each House must agree to pass
the bill. In such case, the veto is overriden and becomes a law without need of presidential
approval.
6. Item veto
a. The President may veto particular items in an appropriation, revenue or tariff bill.
b. This veto will not affect items to which he does not object.
c. Definition of item
TYPE OF BILL
1. Revenue/tax bill
2. Appropriations bill
ITEM
Subject of the tax and the tax rate imposed thereon
Indivisible sum dedicated to a stated purpose
d. Veto of RIDER
1. A rider is a provision which does not relate to a particular appropriation stated in the
bill.
2. Since it is an invalid provision under Section 25(2), the President may veto it as an
item.
Specific limitations on legislation
1. No law shall be enacted increasing the Supreme Courts appellate jurisdiction without the
SCs advice and concurrence.
2. No law shall be enacted granting titles of royalty or nobility.
Section 28. POWER TO TAX
Limitations:
1)
2)
3)
4)
Charitable institutions
Churches, and parsonages or convents appurtenant thereto
Mosques
Non-profit cemeteries; and
All lands, buildings and improvements actually, directly and exclusively used for
religious, charitable, or educational purposes.
4) BUT The President CANNOT dispose of state property unless authorized by law.
Section 2. QUALIFICATIONS
1)
2)
3)
4)
5)
Note: The Vice-President has the same qualifications & term of office as the President. He is
elected with & in the same manner as the President. He may be removed from office in the
same manner as the President.
Section 4. MANNER OF ELECTION/ TERM OF OFFICE
Manner of Election
1) The President and Vice-President shall be elected by direct vote of the people.
2) Election returns for President and Vice-President, as duly certified by the proper Board of
Canvassers shall be forwarded to Congress, directed to the Senate President.
3) Not later than 30 days after the day of the election, the certificates shall be opened in the
presence of both houses of Congress, assembled in joint public session.
4) The Congress, after determining the authenticity and due execution of the certificates, shall
canvass the votes.
5) The person receiving the highest number of votes shall be proclaimed elected.
6) In case of a tie between 2 or more candidates, one shall be chosen by a majority of ALL the
members of both Houses, voting separately. In case this results in a deadlock, the Senate
President shall be the acting President until the deadlock is broken.
7) The Supreme Court en banc shall act as the sole judge over all contests relating to the
election, returns, and qualifications of the President or Vice-President and may promulgate
its rules for the purpose.
Term of Office
1) President
a) 6 years beginning at noon on 30 June immediately following the election and ending at
noon on the same day 6 years later.
b) Term limitation: Single term only; not eligible for any reelection.
c) Any person who has succeeded as President, and served as such for more than 4 years
shall NOT be qualified for election to the same office at any time.
2) Vice-President:
a) 6 years, starting and ending the same time as the President.
b) Term limitation: 2 successive terms.
c) Voluntary renunciation of the office for any length of time is NOT an interruption in the
continuity of service for the full term for which the Vice-President was elected.
SUCCESSOR
VP-elect will be Acting President until
someone is qualified/chosen as President.
VP becomes President.
1. Senate President or
2. In case of his inability, the Speaker of
the House shall act as President until a
President or a VP shall have been
chosen and qualified.
In case of death or disability of (1) and (2),
Congress shall determine, by law, who will
be the acting President.
SUCCESSOR
Vice-President becomes President for the
unexpired term.
1. Senate President or
2. In case of his inability, the Speaker of
the House shall act as President until
the President or VP shall have been
elected and qualified.
3) Vacancy in office of Vice-President during the term for which he was elected:
a) President will nominate new VP from any member of either House of Congress.
b) Nominee shall assume office upon confirmation by majority vote of ALL members of both
Houses, voting separately. (Nominee forfeits seat in Congress)
4) Election of President and Vice-President after vacancy during tem
a)
Congress shall convene 3 days after the vacancy in the office of both the President and
the VP, without need of a call. The convening of Congress cannot be suspended.
b)
Within 7 days after convening, Congress shall enact a law calling for a special election
to elect a President and a VP. The special election cannot be postponed.
c)
The special election shall be held not earlier than 45 days not later than 60 days from
the time of the enactment of the law.
d)
The 3 readings for the special law need not be held on separate days.
e)
The law shall be deemed enacted upon its approval on third reading.
BUT: No special election shall be called if the vacancy occurs within 18 months before the
date of the next presidential election.
(ii)
(iii)
If within 5 days after the President re-assumes his position, the majority of the
Cabinet retransmits their written declaration, Congress shall decide the issue.
In this event, Congress shall reconvene within 48 hours if it is not in session,
without need of a call.
(iv)
6) Presidential Illness:
a) If the President is seriously ill, the public must be informed thereof.
b) Even during such illness, the National Security Adviser, the Secretary of Foreign
Affairs, and the Chief of Staff of the AFP are entitled to access to the President
3.
4.
Since the power to appoint is executive in nature, Congress cannot usurp this function.
While Congress (and the Constitution in certain cases) may prescribe the qualifications for
particular offices, the determination of who among those who are qualified will be appointed
is the Presidents prerogative.
Scope:
The President shall appoint the following:
1)
2)
3)
4)
a)
b)
c)
d)
N.B. President also appoints members of the Supreme Court and judges of the lower
courts, but these appointments do not need CA confirmation.
5) All other officers whose appointments are not otherwise provided for by law; and those
whom he may be authorized by law to appoint.
a) This includes the Chairman and members of the Commission on Human Rights,
whose appointments are provided for by law NOT by the Constitution.
b) Congress may, by law, vest the appointment of other officers lower in rank in the
President alone or in the courts, or in the heads of departments, agencies, boards or
commissions.
c)
d)
Procedure:
1) CA confirmation needed:
a)
b)
c)
d)
Nomination by President
Confirmation by CA
Appointment by President; and
Acceptance by appointee.
Note: At any time before all four steps have been complied with, the President can withdraw
the nomination/appointment.
2) No CA confirmation:
a) Appointment; and
b) Acceptance.
Note: Once appointee accepts, President can no longer withdraw the appointment.
Ad-interim appointments:
1) When Congress is in recess, the President may still appoint officers to positions subject to
CA confirmation.
2) These appointments are effective immediately, but are only effective until they are
disapproved by the CA or until the next adjournment of Congress.
3) Appointments to fill an office in an acting capacity are NOT ad-interim in nature and need
no CA approval.
Appointments by an Acting President:
These shall remain effective UNLESS revoked by the elected President within 90 days from his
assumption or re-assumption of office.
Limitation
1) 2 months immediately before the next Presidential elections, and up to the end of his term,
the President or Acting President SHALL NOT make appointments. This is to prevent the
practice of midnight appointments.
2) EXCEPTION:
a) Can make TEMPORARY APPOINTMENTS
b) To fill EXECUTIVE POSITIONS;
c) If continued vacancies therein will prejudice public service or endanger public safety.
Section 17. Power of Control and Supervision
Power of Control:
The power of an officer to alter, modify, or set aside what a subordinate officer has done in the
performance of his duties, and to substitute the judgment of the officer for that of his
subordinate. Thus, the President exercises control over all the executive departments, bureaus,
and offices.
The Presidents power over government-owned corporations comes not from the Constitution
but from statute. Hence, it may be taken away by statute.
Qualified Political Agency:
1) Since all executive and administrative organizations are adjuncts of the Executive
Department, the heads of such departments, etc. are assistants and agents of the
President.
2) Thus, generally the acts of these department heads, etc, which are performed and
promulgated in the regular course of business, are presumptively the acts of the President.
3) Exception: If the acts are disapproved or reprobated by the President.
4) Under Administrative Law, decisions of Department Secretaries need not be appealed to the
President in order to comply with the requirement of exhaustion of administrative remedies.
5) Qualified political agency does NOT apply if the President is required to act in person by law
or by the Constitution. Example: The power to grant pardons must be exercised personally
by the President.
Disciplinary Powers:
1) The power of the President to discipline officers flows from the power to appoint the, and
NOT from the power control.
2) BUT While the President may remove from office those who are not entitled to security of
tenure, or those officers with no set terms, such as Department Heads, the officers, and
employees entitled to security of tenure cannot be summarily removed from office.
Power of Supervision:
1) This is the power of a superior officer to ensure that the laws are faithfully executed by
subordinates.
2) The power of the president over local government units is only of general supervision. Thus,
he can only interfere with the actions of their executive heads if these are contrary to law.
3) The execution of laws is an OBLIGATION of the President.
operation of laws.
4) The power of supervision does not include the power of control; but the power of control
necessarily includes the power of supervision.
Section 18. COMMANDER-IN-CHIEF POWERS
Scope:
1) The President is the Commander-in-Chief of the Armed Forces.
2) Whenever necessary, the President may call out the AFP to PREVENT or SUPPRESS:
a) Lawless violence;
b) Invasion; or
c) Rebellion.
3) The President may also:
a) Suspend the privilege of the writ of habeas corpus; and
b) Proclaim a state of martial law.
Suspension of the privilege of the writ of habeas corpus and declaring martial law;
1. Grounds
a. Invasion or
b. Rebellion; and
c. Public safety requires it.
2. The invasion or rebellion must be ACTUAL and not merely imminent.
3. Limitations:
a. Suspension or proclamation is effective for only 60 days.
b. Within 48 hours from the declaration or suspension, the President must submit a
report to Congress.
c. Congress, by majority vote and voting jointly, may revoke the same, and the
President cannot set aside the revocation.
d. In the same manner, at the Presidents initiative, Congress can extend the same for
a period determined by Congress if:
i. Invasion or rebellion persist and
ii. Public safety requires it.
NOTE: Congress CANNOT extend the period motu propio.
e. Supreme Court review:
i. The appropriate proceeding can be filed by any citizen.
ii. The SC can review the FACTUAL BASIS of the proclamation or suspension.
iii. Decision is promulgated within 30 days from filing.
f.
PARDON
Addressed to ORDINARY offenses
Granted to INDIVIDUALS
Must be accepted
No need for Congressional concurrence
Private act of President. It must be proved.
Only penalties are extinguished.
May or may not restore political rights.
Absolute pardon restores. Conditional does
not.
Civil indemnity is not extinguished.
Only granted after conviction by final
judgement
5. Judicial power cannot be exercised in vacuum. Without any laws from which rights arise and
which are violated, there can be no recourse to the courts.
6. The courts cannot be asked for advisory opinions.
7. Judicial power includes:
a. The duty of the courts to settle actual controversies involving rights which are legally
demandable and enforceable; and
b. To determine whether or not there has been a grave abuse of discretion amounting
to lack or excess of jurisdiction on the part of any branch or instrumentality of the
government.
Political Questions:
1. A political question is one the resolution of which has been vested by the Constitution
exclusively in either the people, in the exercise of their sovereign capacity, or in which full
discretionary authority has been delegated to a co-equal branch of the Government.
2. Thus, while courts can determine questions of legality with respect to governmental action,
they cannot review government policy and the wisdom thereof, for these questions have
been vested by the Constitution in the Executive and Legislative Departments.
SEC. 2. ROLES OF CONGRESS
1. Defining enforceable and demandable rights and prescribing remedies for violations of such
rights; and
2. Determining the court with jurisdiction to hear and decide controversies or disputes arising
from legal rights.
3. Thus, Congress has the power to define, prescribe and apportion the jurisdiction of various
courts.
4. BUT, Congress cannot deprive the Supreme Court of its jurisdiction over cases provided for
in the Constitution.
5. Creation and abolition of courts:
a. The power to create courts implies the power to abolish and even re-organize
courts.
b. BUT this power cannot be exercised in a manner which would undermine the
security of tenure of the judiciary.
c. If the abolition/re-organization is done in good faith and not for political or
personal reasons, then it is VALID. (same rule applies for civil servants)
President shall appoint from a list of at least 3 nominees for each vacancy, as
prepared by the JBC.
2.
No CA confirmation is needed for appointments to the Judiciary.
3.
Vacancies in SC should be filled within 90 days from the occurrence of the
vacancy.
4.
En banc; or
Divisions of 3, 5, or 7.
Powers of the SC
1. SC has ORIGINAL jurisdiction over
a. Cases affecting ambassadors, other public ministers and consuls.
Note: This refers to foreign ambassadors, etc., stationed in the Philippines.
b. Petitions for certiorari, prohibiton, mandamus, quo warranto, and habeas corpus.
2. SC has APPELLATE jurisdiction over final judgments and orders in the following:
Judicial Review is the power of the SC to declare a law, treaty, ordinance etc.
unconstitutional.
2.
Lower courts may also exercise the power of judicial review, subject to the appellate
jurisdiction of the SC.
3. Only SC decisions are precedent, and thus, only SC decisions are binding on all.
Requisites
Code: [A R S Co R]
Qualifications:
1) Natural-born citizens of the Philippines;
2) At least 35 years old at the time of their appointments;
3) With proven capacity for public administration; and
4) NOT candidates for any elective position in the elections immediately preceding their
appointment.
5) Appointees by the President to the CSC need Commission on Appointments (CA)
confirmation
Term:
1) Chairman -7 years; Commissioner1 - 5 yrs; Commissioner2 - 3 yrs
2) Limitation: single term only, no reappointment
3) Appointment to vacancy: only for unexpired term of predecessor
4) No temporary appointments, or appointments in acting capacity.
Section 2. Scope:
The Civil Service embraces all:
A.
B.
C.
D.
E.
branches,
subdivisions,
instrumentalities,
agencies of the government,
including GOCCs with original charters.
1."With Original Charter" means that the GOCC was created by special law/by
Congress
2. If incorporated under the Corporation Code, it does not fall within the Civil
Service, and is not subject to the CSC jurisdiction.
3. Even if once government-controlled, then becomes privatized, ceases to fall
under CSC.
4. Jurisdiction is determined as of the time of filing the complaint.
b) Primarily confidential -
c) Highly technical
C. The TEST to determine whether non/competitive is the Nature of the responsibilities, NOT
the administrative or legislative description given to it.
D. Both types of positions are entitled to security of tenure. They only differ in the MANNER in
which they are filled.
E. Who may be appointed:
1). RULE: Whoever fulfills all the qualifications prescribed by law for a particular position
may be appointed therein.
2). The CSC cannot disapprove an appointment just because another person is better
qualified, as long as the appointee is himself qualified.
3). The CSC CANNOT add qualifications other than those provided by law.
F. Next-In-Rank Rule
While a person next in rank is entitled to preferential consideration, it does not follow
that only he, and no one else, can be appointed. Such person has no vested right to
the position and the appointing authority is not bound to appoint the person next in
rank.
Tenure (Classification of Positions)
Career Service
1. Entrance based on merit and fitness to
be determined as far as practicable by
competitive examinations or based on
highly technical qualifications.
2. Entitled to security of tenure
Non-Career Service
1. Entrance on bases OTHER than usual
tests of merit and fitness.
2. Tenure limited to:
a) Period specified by law,
b) Coterminous with the appointing
authority or subject to his pleasure,
or
c) Limited to the duration of a
particular project for which purpose
the employment was made.
d). BUT: Political parties with religious affiliation or which derive their principles from
religious beliefs are registerable.
e). Financial contributions from foreign governments and their agencies to political
parties, organizations, coalitions, or candidates related to elections constitute
interference in national affairs. If accepted, it is an additional ground for the
cancellation of their registration with the Commission, in addition to other penalties
that may be prescribed by law.
6) File, upon a verified complaint, or on its own initiative, petitions in court for inclusion of
exclusion of voters; investigate and, where appropriate, prosecute cases of violations of
election laws, including acts or omissions constituting elections frauds, offenses and
malpractices.
A. COMELEC has exclusive jurisdiction to investigate and prosecute cases for
violations of election laws.
B. COMELEC can deputize prosecutors for this purpose.
The actions of the
prosecutors are the actions of the COMELEC
C. Preliminary investigation conducted by COMELEC is valid.
7) Recommend to the Congress effective measures to minimize election spending, including
limitation of places where propaganda materials shall be posted, and to prevent and
penalize all forms of election frauds, offenses, malpractices, and nuisance candidacies.
8) Recommend to the President the removal of any officer or employee it has deputized, or the
imposition of any other disciplinary action, for violation or disregard or, or disobedience to its
directive, order, or decision.
9) Submit to the President and the congress a comprehensive report on the conduct of each
election, plebiscite, initiative, referendum, or recall.
a). Under Article XI, Section 9, the election period commences 90 days before
the day of the election and ends 30 days thereafter.
b). In special cases, COMELEC can fix a period.
2). Applies not just to elections but also to plebiscites and referenda.
3). Plebiscite: Submission of constitutional amendments or important legislative
measures to the people ratification
4). Referendum: power of the electorate to approve or reject legislation through an
election called for that purpose.
COMELEC and the MEDIA
1). COMELEC cannot compel print media to donate free space to the COMELEC. It may,
however, compel it to provide space after paying just compensation.
2). Power of COMELEC is over franchises and permits, NOT individuals. For example,
COMELEC may not regulate media practitioners, for this would violate the freedom of
expression.
Section 5. No pardon, amnesty, parole, or suspension of sentence for violation of
election laws, rules, and regulations shall be granted by the President without the
favorable recommendation of the Commission.
Section 6
Definition of Political Party
organized group of persons pursuing the same political ideals in a government and
includes its branches, and divisions
Importance of registration of a political party
1) Registration confers juridical personality on the party.
2) It informs the public of the party's existence and ideals.
3) It identifies the party and its officers for purposes of regulation by the COMELEC.
Section 7. No votes cast in favor of a political party, organization, or coalition shall be
valid, except for those registered under the party-list system as provided in this
Constitution.
Prohibition on block-voting
1) General rule: Block voting NOT allowed
2) EXCEPTION: those registered under the party-list system
Section 8. PARTY LIST SYSTEM
No Right to be Represented in Various Boards
Political parties, organizations, or coalitions registered under the party-list system
shall NOT be represented in the following:
1). Voters registrations boards,
2). Boards of election inspectors,
3). Boards of canvassers, or
4). Other similar bodies.
Poll Watchers
Political parties, etc. are entitled to appoint poll watchers in accordance with law.
Section 10. Bona fide candidates for any public office shall be free from any form of
harassment and discrimination.
3) If COA finds internal control system of audited agencies as inadequate, COA may adopt
measures, including temporary or special pre-audit, as may be necessary.
4) Keep the general accounts of the government, preserving vouchers and other supporting
papers pertaining thereto.
5) Exclusive authority to define the scope of COAs audit and examination and to establish the
techniques and methods required therefor.
6) Promulgate accounting and auditing rules and regulations.
A.
B.
Note:
1) The functions of COA can be classified as:
A.
B.
C.
D.
6) Prosecutors may still review accounts already settled and approved by COA for the purpose
of determining possible criminal liability. This is because COAs interest in such accounts is
merely administrative.
7) COA has the power to determine the meaning of public bidding and what constitutes failure
when regulations require public bidding for the sale of government property.
Section 3. No law shall be passed exempting any entity of the Government or its
subsidiary in any guise whatever, or any investment of public funds, from the jurisdiction
of the Commission on Audit.
Composition:
1)
2)
3)
4)
Provinces
Cities;
Municipalities; and
Barangays
5) Adjustments in IRA
A. Ground: Unmanageable public section deficit
B. President can make the necessary adjustments in the IRA upon the recommendation
of the following:
1. Department of Finance Secretary
2. DILG Secretary
3. DBM Secretary
6) IRA considered for purposes of conversion from one political subdivision to the next.
(Alvarez v. Guingona)
Section 7. SHARE OF LGUS IN NATIONAL WEALTH
Share of LGUs in national wealth
1) LGUs are entitled to an equitable share in the proceeds of the utilization and development of
the national wealth within their respective areas in the manner provided by law.
2) This includes share the same with the inhabitants by way of direct benefits.
Under the LGC
1) LGUs have a share of 40% of the gross collection derived by the national government from
the preceding fiscal year from
A. Mining taxes
B. Royalties
C. Forestry and fishery charges
D. Other taxes, fees and charges
E. Share in any co-production, joint venture or production sharing agreement in the
utilization and development of the national wealth w/in their territorial jurisdiction
SEC. 8. TERM OF OFFICE
Term of Office
Elective local officials, now including barangay officials have a term of 3 years.
Limitations:
1) No elective official shall serve for more than 3 consecutive terms
2) Voluntary renunciation of office for any length of time shall not be considered as an
interruption in the continuity of his service for the full term for which he was elected.
1) Foreign relations,
2) National defense and Security
3) Monetary Affairs
Administrative organization;
Creation of sources of revenues;
Ancestral domain and natural resources
Personal, family and property relations
Regional, urban, and rural planning development;
Economic, social, and tourism development;
Educational policies;
Preservation and development of the cultural heritage; and
Such other matters as may be authorized by law for the promotion of the general welfare of
the people of the region.
Limitations:
1) Subject to the provisions of the Constitution and national laws
2) To be exercised within its territorial jurisdiction
Section 21. PRESERVATION OF PEACE AND ORDER/DEFENSE AND SECURITY
Peace and Order
It shall be the responsibility of the local police agencies.
Defense and Security
It shall be the responsibility of the national government.
Note: If the verified complaint or resolution of impeachment was filed by at least 1/3 of all the
Members of the House, it shall constitute the Articles of Impeachment. Trial in the Senate shall
proceed.
7.)
8.)
Judgment of Conviction
This requires the concurrence of 2/3 of all the Members of the Senate
9.)
Section 4: SANDIGANBAYAN
Sandiganbayan = the anti-graft court
Sections 5-6, 8-14: OFFICE OF THE OMBUDSMAN
Composition:
1.)
2.)
3.)
4.)
Ombudsman/Tanodbayan
Overall deputy
At least one Deputy each for Luzon, Visayas and Mindanao
Deputy for military establishment may be appointed
3.) Cannot be financially interested, directly or indirectly, in any contract with or in any franchise
or privilege granted by the Government, any of its subdivisions, agencies or
instrumentalities, including GOCCs or their subsidiaries
Appointment
1. Of Ombudsman and deputies
a. By the president from a list of at least 6 nominees prepared by the Judicial and
Bar Council. Vacancies will be filled from a list of 3 nominees
b. Appointments do NOT require confirmation
c. All vacancies shall be filled within 3 months after they occur.
2. Of other officials and employees of the Office of the Ombudsman
d. By the Ombudsman
e. In accordance with Civil Service Law
Term: (Ombudsman and deputies)
1. 7 years with reappointment
2. They are NOT qualified to run for any office in the election immediately succeeding their
cessation from office
Rank/Salaries:
1. The Ombudsman has the rank of Chairman of a Constitutional Commission
2. The Members have the rank of members of a Constitutional Commission
3. Their salaries cannot be decreased during their term of office.
Powers, Functions and Duties of the Office of the Ombudsman
1. Investigate on its own, or on complaint by any person, any act or omission of any public
official, employee, office or agency, when such act or omission appears to be illegal, unjust,
improper, or inefficient.
a. The SC held that the power to investigate and prosecute cases involving public
officers and employees has been transferred to the Ombudsman.
b. The Ombudsman may always delegate his power to investigate.
c. The power to investigate includes the power to impose preventive suspension.
d. This preventive suspension is not a penalty.
e. INVESTIGATE does not mean preliminary investigation.
f. The complaint need not be drawn up in the usual form.
g. The ILLEGAL act or omission need not be in connection with the duties of the
public officer or employee concerned.
h. ANY illegal act may be investigated by the Ombudsman. In this regard, the
Ombudsmans jurisdiction is CONCURRENT with that of the regular prosecutors.
2. Direct, upon complaint or at its own instance, any public official or employee of the
government, or any subdivision, agency or instrumentality thereof, as well as of any
government-owned or controlled corporation with original charter, to perform and expedite any
act of duty required by law, or to stop, prevent, and correct any abuse or impropriety in the
performance of duties.
a. The Ombudsman has PERSUASIVE POWER, and may require that proper legal
steps are taken by the officers concerned.
b. The public official or employee must be employed in:
(I).
The Government
(II).
Any subdivision, agency, or instrumentality thereof; or
(III). GOCCs with original charters
c. The SC has held that the SP may prosecute before the Sandiganbayan judges
accused of graft and corruption, even if they are under the Supreme Court.
3.)
Direct the officer concerned to take the appropriate action against a public official or
employee at fault, and recommend his removal, suspension, demotion, fine, censure, or
prosecution, and ensure compliance therewith.
a. The Ombudsman does NOT himself prosecute cases against public officers or
employees.
b. Final say to prosecute still rests in the executive department.
c. The Ombudsman or Tanodbayan may use mandamus to compel the fiscal to
prosecute.
4.) Direct the officer concerned, in any appropriate case, and subject to such limitations as may
be provided by law to furnish it with copies of documents relating to contracts or transactions
entered into by his office involving the disbursement or use of public funds of properties, and
report any irregularity to COA for appropriate action.
5.) Request any government agency for assistance and information necessary in the discharge
of its responsibilities, and to examine, if necessary, pertinent records and documents.
6.) Public matters covered by its investigation when circumstances so warrant and with due
process
7.) Determine the cause of inefficiency, red tape, mismanagement, fraud and corruption in the
government and make recommendations for their elimination and the observance of high
standards of ethics and efficiency
8.) Promulgate its rules of procedure and exercise such other powers or perform such functions
or duties as may be provided by law
Note: The Office of the Ombudsman also has the duty to act promptly on complaints filed in any
form or manner against public officials or employees of the government, or any subdivision,
agency or instrumentality including GOCCs and their subsidiaries. In appropriate cases, it
should notify the complainants of the action taken and the result thereof.
Fiscal Autonomy:
The Office of the Ombudsman enjoys fiscal autonomy. Its approved annual appropriations
should be automatically and regularly released.
Section 7: OFFICE OF THE SPECIAL PROCECUTOR
1. Under the 1987 Constitution, the existing Tanodbayan became the Office of the Special
Prosecutor
2. Powers
a. It will continue to function and exercise its powers as now or hereafter may be
provided by law
b. Exception: Powers conferred on the Office of the Ombudsman
3. The Office of the Special Prosecutor is subordinate to and acts under the orders of the
Ombudsman
Note: According to Jack, the SC was wrong because the ConCom intended that the SP was to
prosecute anti-graft cases.
Section 15: RECOVERY OF ILL-GOTTEN WEALTH
Prescription, Laches, Estoppel
1.)
The right of the State to recover properties unlawfully acquired by public officials and
employees from them or from their nominees or transferees shall NOT be barred by
prescription, laches or estoppel.
2.) Their right to prosecute criminally these officials and employees may prescribe.
President
Vice-President
Members of the Cabinet
Members of Congress
Members of Supreme Court
Members of Constitutional Commissions
Ombudsman
Any firm or entity in which they have controlling interest
The above mentioned officials cannot obtain, directly or indirectly for BUSINESS
PURPOSES:
a. Loans
b. Guarantees
c. Other forms of financial accommodation
From:
1. Government owned or controlled banks; or
2. Government owned or controlled financial institutions.
2.)
If the loan, etc, is NOT for business purpose, e.g. a housing loan, the prohibition does
not apply.
President
Vice-President
Members of the Cabinet
Members of Congress
Justices of the Supreme Court
Members of Constitutional Commissions
Other constitutional offices
Officers of the armed forces with general or flag rank
If Philippine citizenship is one of the qualifications to the office, the loss of such
citizenship means the loss of the office by the incumbent.
3.)
The Election Code provides the rules with respect to non-incumbents, i.e. persons
running for elective offices.
similar
collective
The President may enter into agreements with foreign owned corporations involving
technical or financial assistance for large-scale exploration etc. of minerals, petroleum, and
other mineral oils. These agreements should be in accordance with the general terms and
conditions provided by law.
2. They should be based on the real contributions to economic growth and general welfare of
the country.
3. In the agreements, the State should promote the development and use of local scientific and
technical resources.
4. The President should notify Congress of every contract under this provision within 30 days
from its execution.
5. Management and service contracts are not allowed under this rule.
Protection of Marine Wealth
1. The State shall protect its marine wealth in its
Archipelagic waters
Territorial sea &
EEZ
2. The State shall reserve its use and enjoyment exclusively to Filipino citizens.
Section 3. LANDS OF THE PUBLIC DOMAIN ARE CLASSIFIED INTO
1.
2.
3.
4.
Agricultural
Forest/timber
Mineral lands &
National Parks
Note:
1. Classification of public lands is an exclusive prerogative of the Executive Department
through the Office of the President, upon recommendation by the DENR.
2. Classification is descriptive of the legal nature of the land and NOT what it looks like. Thus,
the fact that forest land is denuded does not mean it is no longer forest land.
Alienable lands of public domain
1. Only agricultural lands are alienable.
2. Agricultural lands may be further classified by law according to the uses to which they may
be devoted.
Limitations regarding Alienable Lands of the Public Domain
1. For private corporations or associations
A. They can only hold alienable lands of the public domain BY LEASE
B. Period: Cannot exceed 25 years, renewable for not more than 25 years
C. Area: Lease cannot exceed 1,000 hectares
Note: A corporation sole is treated like other private corporations for the purpose of acquiring
public lands.
2. For Filipino citizens
A. Can lease up to 500 hectares
B. Can ACQUIRE not more than 12 hectares by purchase, homestead or grant
Taking into account the requirements of conservation, ecology and development, and subject to
the requirements of agrarian reform, Congress shall determine by law the size of the lands of
the public domain which may be acquired, developed, held or lease and the conditions
therefore.
Means by Which Lands of the Public Domain Become Private Land
1. Acquired from government by purchase or grant;
2. Uninterrupted possession by the occupant and his predecessors-in-interest since time
immemorial; and
3. Open, exclusive, and undisputed possession of ALIENABLE (agricultural) public land for a
period of 30 years.
A. Upon completion of the requisite period, the land becomes private property ipso jure
without need of any judicial or other sanction.
B. Here, in possession since time immemorial, presumption is that the land was never
part of public domain.
C. In computing 30 years, start from when land was converted to alienable land, not
when it was still forest land
D. Presumption is that land belongs to the State.
Section 4. Congress shall, as soon as possible, determine by law, the specific limits of
forest lands and national parks, marking clearly their boundaries on the ground.
Thereafter, such forest lands and national parks shall be conserved and may not be
increased or diminished, EXCEPT by law. Congress shall provide measures to prohibit
logging in
a. Endangered forest and
b. Watershed areas
for such period as it may determine.
Section 5. ANCESTRAL LANDS
Protection of Indigenous Cultural Communities
1. The State protects the rights of indigenous cultural communities to their ancestral lands
A. Subject to Constitutional provisions
B. Subject to national development policies and programs
2. In determining ownership and extent of ancestral domain, Congress may use customary
laws on property rights and relations.
3. ANCESTRAL DOMAIN
A. It refers to lands which are considered as pertaining to a cultural region
B. This includes lands not yet occupied, such as deep forests.
Section 7. PRIVATE LANDS
General rule
1. Private lands CAN only be transferred or conveyed to:
A. Filipino citizens
B. Corporations or associations incorporated in the Philippines, at least 60% of whose
capital is owned by Filipino citizens
2. Exceptions
A. In intestate succession, where an alien heir of a Filipino is the transferee of private
land.
B. A natural born citizen of the Philippines who has lost his Philippine citizenship may be
a transferee of PRIVATE ALND, subject to limitation provided by law. Hence, land
can be used only for residential purposes. In this case, he only acquires derivative
title.
C. Foreign states may acquire land but only for embassy and staff residence purposes.
3. Filipino citizenship is only required at the time the land is acquired. Thus, loss of citizenship
after acquiring the land does not deprive ownership.
4. Restriction against aliens only applies to acquisition of ownership. Therefore:
A. Aliens may be lessees or usufructuaries of private lands
B. Aliens may be mortgages of land, as long as they do not obtain possession thereof
and do not bid in the foreclosure sale.
5. Land tenure is not indispensable to the free exercise of religious profession and worship. A
religious corporation controlled by non-Filipinos cannot acquire and own land, even for
religious purposes.
Remedies to recover private lands from disqualified aliens:
1. Escheat proceedings
2. Action for reversion under the Public Land Act
3. An action by the former Filipino owner to recover the land
A. The former pari delicto principle has been abandoned
B. Alien still has the title (didnt pass it on to one who is qualified)
Section 10. NATIONAL ECONOMY AND PATRIMONY/INVESTMENTS
Power of Congress
1.
In order to be considered as a public utility, and thus subject to this provision, the
undertaking must involve dealing directly with the public.
2. Thus, a Build-Operate-Transfer grantee is NOT a public utility. The BOT grantee merely
constructs the utility, and it leases the same to the government. It is the government which
operates the public utility (operation separate from ownership).
To whom granted:
1. Filipino citizens or
2. Corporations or associations incorporated in the Philippines and at least 60% of the capital is
owned by Filipino citizens.
Terms and conditions:
1. Duration: Not more than 50 years
2. Franchise is NOT exclusive in character
3. Franchise is granted under the condition that it is subject to amendment, alteration, or repeal
by Congress when the common good so requires.
Participation of Foreign Investors
1. The participation of foreign investors in the governing body of any public utility enterprise
shall be limited to their proportionate share in its capital.
2. Foreigners cannot be appointed as the executive and managing officers because these
positions are reserved for Filipino citizens.
Section 16. FORMATION/ORGANIZATION/REGULATION OF CORPORATIONS
1. Private corporations
Congress can only provide for the formation, etc of private corporations through a
general law.
2. GOCCs
They may be created by:
a. Special charters in the interest of the common good and subject to the test of
economic viability.
b. By incorporation under the general corporation law.
Sections 18-19. SPECIAL ECONOMIC POWERS OF THE GOVERNMENT
1. Temporary takeover or direction of operations:
A. Conditions
i. National emergency and
ii. When the public interest requires
B. May be used against privately owned public utilities or businesses affected with
public interest.
C. Duration of the takeover: period of emergency
D. Takeover is subject to reasonable terms and conditions
E. No need for just compensation because it is only temporary.
1. Filipino citizens; or
2. Corporations incorporated in RP, with 60%
Filipino ownership
1. Filipino citizens; or
2. Corporations incorporated in RP, with 60%
Filipino ownership
Mass Media
1. Filipino citizens; or
2. Corporations incorporated in RP, and 100%
Filipino owned
Advertising
1. Filipino citizens; or
2. Corporations incorporated in RP, and 70%
Filipino owned.
Educational institution
1. Filipino citizens; or
2. Corporations incorporated in RP, with 60%
Filipino ownership
EXCEPT: Schools established by religious groups
and mission boards.
*Congress may, by law, increase Filipino equity
requirements for ALL educational institutions.
2) The 1987 Constitution advances beyond what was in previous Constitutions in that it seeks
not only economic social justice but also political social justice.
Principal activities in order to achieve social justice
1) Creation of more economic opportunities and more wealth; and
2) Closer regulation of the acquisition, ownership, use and disposition of property in order to
achieve a more equitable distribution of wealth and political power.
Labor
Section 3 of Article XIII elaborates on the provision in Article II by specifying who are
protected by the Constitution, what rights are guaranteed, and what positive measures the
state should take in order to enhance the welfare of labor.
Right to organize and to hold peaceful concerted activities
The right to organize is given to all kinds of workers BOTH in the PRIVATE and PUBLIC
sectors.
The workers have a right to hold peaceful concerted activities except the right to strike, which
is subject to limitation by law.
Right to participate in the decision making process of employers
The workers have the right to participate on matters affecting their rights and benefits, as may
be provided by law. This participation can be through
1)
2)
3)
4)
Agrarian Reform
Goals:
Agrarian reform must aim at
1) efficient production,
2) a more equitable distribution of land which recognizes the right of farmers and regular
farmworkers who are landless to own the land they till, and
3) a just share of other or seasonal farmworkers in the fruits of the land.
1)
2)
3)
4)
5)
Powers:
1) Investigate all forms of human rights violations involving civil or political rights
A. Violations may be committed by public officers or by civilians or rebels.
B. CHR cannot investigate violations of social rights.
C. CHR has NO adjudicatory powers over cases involving human rights violations.
D. They cannot investigate cases where no rights are violated.
E. Example: There is no right to occupy government land, i.e. squat thereon. Therefore,
eviction therefrom is NOT a human rights violation.
2) Adopt operational guidelines and rules of procedure.
3) Cite for contempt for violations of its rules, in accordance with the Rules of Court.
4) Provide appropriate legal measures for the protection of the human rights of all persons,
within the Philippines, as well as Filipinos residing abroad, and provide for preventive
measures and legal aid services to the underprivileged whose human rights have been
violated or need protection.
A. CHR can initiate court proceedings on behalf of victims of human rights violations.
B. They can recommend the prosecution of human rights violators, but it cannot itself
prosecute these cases.
C. BUT: The CHR cannot issue restraining orders or injunctions against alleged human
rights violators. These must be obtained from the regular courts.
5) Exercise visitorial powers over jails, prisons and other detention facilities.
6) Establish continuing programs for research, education and information in order to enhance
respect for the primacy of human rights.
7) Recommend to Congress effective measures to promote human rights and to provide
compensation to victims of human rights violations or their families.
8) Monitor compliance by the government with international treaty obligations on human rights.
9) Grant immunity from prosecution to any person whose testimony or whose possession of
documents or other evidence is necessary or convenient to determine the truth in any
CHR investigation.
10) Request assistance from any department, bureau, office, or agency in the performance of its
functions.
11) Appoint its officers and employers in accordance with law.
12) Perform such other functions and duties as may be provided for by law.
C. Students
They have the right to enjoy in school the guarantees of the Bill of Rights.
D. Limitations
1) Dominant police power of the State
2) Social interest of the community
E. Budgetary Priority:
1). Education must be assigned the highest budgetary priority.
2). BUT: This command is not absolute. Congress is free to determine what should be
given budgetary priority in order to enable it to respond to the imperatives of national
interest and for the attainment of other state policies or objectives.
Religious Education in Public Schools:
Religion may be taught in public schools subject to the following requisites:
1) Express written option by parents and guardians;
2) Taught within regular class hours;
3) Instructors are designated and approved by the proper religious authorities; and
4) WITHOUT ADDITIONAL COST TO THE GOVERNMENT.
Section 6. Language
1) National language: Filipino
2) Official Languages: Filipino, and unless otherwise provided by law, English.
3) Regional languages are auxiliary to the official languages.
4 (Spanish and Arabic are promoted only on an optional and voluntary basis.
Consent to be sued
A. Express consent:
1). The law expressly grants the authority to sue the State or any of its agencies.
2). Examples:
a). A law creating a government body expressly providing that such body may
sue or be sued.
b). Art. 2180 of the Civil Code, which creates liability against the State when it
acts through a special agent.
B. Implied consent:
1). The State enters into a private contract.
a). The contract must be entered into by the proper officer and within the scope
of his authority.
b). UNLESS: The contract is merely incidental to the performance of a
governmental function.
2). The State enters into an operation that is essentially a business operation.
a). UNLESS: The operation is incidental to the performance of a governmental
function (e.g. arrastre services)
b). Thus, when the State conducts business operations through a GOCC, the
latter can generally be sued, even if its charter contains no express sue or
be sued clause.
3). Suit against an incorporated government agency.
a) This is because they generally conduct propriety business operations and
have charters which grant them a separate juridical personality.
4). The State files suit against a private party.
UNLESS: The suit is entered into only to resist a claim.
Garnishment of government funds:
1) GENERAL RULE: NO. Whether the money is deposited by way of general or special
deposit, they remain government funds and are not subject to garnishment.
2) EXCEPTION: A law or ordinance has been enacted appropriating a specific amount to pay a
valid government obligation, then the money can be garnished.
Consent to be sued is not equivalent to consent to liability:
1) The Fact that the State consented to being sued does not mean that the State will ultimately
be held liable.
2) Even if the case is decided against the State, an award cannot be satisfied by writs of
execution or garnishment against public funds. Reason: No money shall be paid out of the
public treasury unless pursuant to an appropriation made by law.
Proposal of amendments:
Amendments may be proposed by:
A. Congress, acting as a constituent assembly, by a 3/4 vote of all its members.
The power of Congress to propose amendments is NOT part of its ordinary legislative
power.
The only reason Congress can exercise such power is that the Constitution has granted
it such power.
B. Constitutional Convention:
1) How a Constitutional Convention may be called
a). Congress may call a ConCon by a 2/3 vote of all its members; or
b). By a majority vote of all its members, Congress may submit to the electorate
the question of whether to call a ConCon or not.
2) Choice of which constituent assembly (either Congress or ConCon) should initiate
amendments and revisions is left to the discretion of Congress. In other words, it is a
political question.
3) BUT: The manner of calling a ConCon is subject to judicial review, because the
Constitution has provided for vote requirements.
4) If Congress, acting as a constituent assembly, calls for a ConCon but does not
provide the details for the calling of such ConCon, Congress - exercising its ordinary
legislative power - may supply such details. But in so doing, Congress (as
legislature) should not transgress the resolution of Congress acting as a constituent
assemble.
5) Congress, as a constituent assembly and the ConCon have no power to appropriate
money for their expenses. Money may be spent from the treasury only to pursuant
to an appropriation made by law.
C. Peoples Initiative
1) Petition to propose such amendments must be signed be at least 12% of ALL
registered voters.
2) Every legislative district represented by at least 3% of the registered voters therein.
3) Limitation:
It cannot be exercised oftener than once every 5 years.
Note:
1) While the substance of the proposals made by each type of constituent assembly is not
subject to judicial review, the manner the proposals are made is subject to judicial review.
2) Since these constituent assemblies owe their existence to the Constitution, the courts may
determine whether the assembly has acted in accordance with the Constitution.
3) Examples of justiciable issues:
a) Whether a proposal was approved by the required number of votes in Congress
(acting as a constituent assembly).
b) Whether the approved proposals were properly submitted to the people for
ratification.
Proposal of Revisions
1) By Congress, upon a vote of 3/4 of its members
2) By a constitutional convention
Ratification
1) Amendments and revisions proposed by Congress and/or by a ConCon:
a) Valid when ratified by a MAJORITY of votes cast in a plebiscite.
b) Plebiscite is held not earlier than 60 days nor later than 90 days from the approval of