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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.
Civilian authority/supremacy clause (1st sentence)
1. Civilian authority simply means the supremacy of the law because authority, under
our constitutional system, can only come from law.
2. Under this clause, the soldier renounces political ambition.
Mark of sovereignty (2nd and 3rd sentences)
1. Positively, this clause singles out the military as the guardian of the people and of the
integrity of the national territory and therefore ultimately of the majesty of the law.
2. Negatively, it is an expression of disapproval of military abuses.
SEC 4. The prime duty of the Government is to serve and protect the people. The
Government may call upon the people to defend the State and, in the fulfillment
thereof, all citizens may be required, under conditions provided by law, to render
personal, military, or civil service.
SEC. 5. The maintenance of peace and order, the protection of life, liberty and
property, and the promotion of the general welfare are essential for the enjoyment
by all the people of the blessings of democracy.
SEC. 6. The separation of Church and State shall be inviolable.
Selected state policies
SEC. 7. The State shall pursue an independent foreign policy. In its relations with
other states, the paramount consideration shall be national sovereignty, territorial
integrity, national interest, and the right to self-determination.
SEC. 8. The Philippines, consistent with the national interest, adopts and pursues
a policy of freedom from nuclear weapons in its territory.
Policy of freedom from nuclear weapons
1. The policy PROHIBITS:
a. The possession, control and manufacture of nuclear weapons
b. Nuclear arms tests.
2. The policy does NOT prohibit the peaceful uses of nuclear energy.
SEC. 12. The State recognizes the sanctity of family life and shall protect and
strengthen the family as a basic autonomous social institution. It shall equally
protect the life of the mother and the life of the unborn from conception. etc.
Principle that the family is not a creature of the state.
Protection for the unborn
1. It is not an assertion that the unborn is a legal person.
2. It is not an assertion that the life of the unborn is placed exactly on the level
of the life of the mother. Hence, when it is necessary to save the life of the
mother, the life of the unborn may be sacrificed.
3. Under this provision, the Roe v. Wade doctrine allowing abortion up to the 6th
month of pregnancy cannot be adopted in the Philippines because the life of
the unborn is protected from the time of conception.
SEC. 16. The State shall protect and advance the right of the people to a balanced
and healthful ecology in accord with the rhythm and harmony of nature.
1.
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.
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
Note: Probable cause for the issuance of a search warrant does NOT require that the
probable guilt of a specific offender be established, unlike in the case of a warrant of
arrest.
Existence of probable cause DETERMINED PERSONALLY BY THE JUDGE
The judge is NOT required to personally examine the complainant and his witnesses.
What the Constitution underscores is the exclusive and personal responsibility of the
issuing judge to satisfy himself of the existence of probable cause (Soliven v. Makasiar,
167 SCRA 394).
To be sure, the Judge must go beyond the prosecutors certification and investigation
report whenever necessary (Lim v. Felix).
Procedure:
1. The judge personally evaluates the report and supporting documents submitted by
the fiscal regarding the existence of probable cause and, on the basis thereof, issue
a warrant of arrest or
2. If on the basis thereof, the judge finds no probable cause, he may disregard the
fiscals report and require the submission of supporting affidavits of witnesses to aid
him in arriving at the conclusion as to the existence of probable cause.
Examination UNDER OATH OR AFFIRMATION OF THE COMPLAINANT AND
WITNESSES
1. The oath required must refer to the truth of the facts within the personal knowledge
of the complainant or his witnesses because the purpose is to convince the judge of
the existence of probable cause (Alvarez v. CFI, 64 Phil. 33).
2. The true test of sufficiency of an affidavit to warrant the issuance of a search warrant
is whether it has been drawn in such a manner that perjury could be charged thereon
and affiant be held liable for the damages caused (Alvarez v. CFI).
PARTICULARITY OF DESCRIPTION (SEARCH WARRANT)
1. A search warrant may be said to particularly describe the things to be seized when
the description therein is as specific as the circumstances will ordinarily allow
or
2. When the description expresses a conclusion of fact not of law by which the
warrant officer may be guided in making the search and seizure or
3. When the things described are limited to those which bear a direct relation to
the offense for which the warrant is being issued (Bache and Co. v. Ruiz, 37 SCRA
823).
JOHN DOE WARRANT
A John Doe warrant can satisfy the requirement of particularity of description if it
contains a descriptio personae such as will enable the officer to identify the accused
(People v. Veloso, 48 Phil. 159)
GENERAL WARRANT
A general warrant is one that does not allege any specific acts or omissions constituting
the offense charged in the application for the issuance of the warrant. It contravenes the
explicit demand of the Bill of Rights that the things to be seized be particularly described.
VALID WARRANTLESS SEARCH
1. Search made as an incident to lawful arrest
A. An officer making an arrest may take from the person arrested:
i.
ii.
iii.
iv.
Any money or property found upon his person which was used in the
commission of the offense or
Was the fruit thereof or
Which might furnish the prisoner with the means of committing
violence or escaping or
Which may be used in evidence in the trial of the case
B. The search must be made simultaneously with the arrest and it may only be
made in the area within the reach of the person arrested
2. Search of moving vehicles
A. This exception is based on exigency. Thus, if there is time to obtain a warrant
in order to search the vehicle, a warrant must first be obtained.
B. The search of a moving vehicle must be based on probable cause.
3. Seizure of goods concealed to avoid customs duties/authorized under the Tariffs and
Customs Code
A. The Tariffs and Customs Code authorizes persons having police authority
under the Code to effect search and seizures without a search warrant to
enforce customs laws.
B. Exception: A search warrant is required for the search of a dwelling house.
C. Searches under this exception include searches at borders and ports of entry.
Searches in these areas do not require the existence of probable cause
4. Seizure of evidence in plain view
A. To be a valid warrantless search, the articles must be open to the eye and
hand.
B. The peace officer comes upon them inadvertently.
5. Waiver of right
A. Requisites of a valid waiver:
i.
ii.
iii.
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.
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.
Section 6. The liberty of abode and of changing the same within the limits
prescribed by law shall not be impaired except upon lawful order of the court.
Neither shall the right to travel be impaired except in the interest of national
security, public safety or public health, as may be provided by law.
Rights guaranteed under Section 6:
1. Freedom to choose and change ones place of abode.
2. Freedom to travel within the country and outside.
Curtailment of rights:
RIGHT
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.
The right also covers the right not to join an association.
Government employees have the right to form unions. They also have the right to strike,
unless there is a statutory ban on them.
Section 9. Private property shall not be taken for public use without just
compensation.
Who can exercise the power of eminent domain:
1) The national government
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.
2) When a person is otherwise deprived of his freedom of action in any significant way.
3) When the investigation is being conducted by the government (police, DOJ, NBI)
with respect to a criminal offense.
4) Signing of arrest reports and booking sheets.
When rights are not available:
1) During a police line-up. Exception: Once there is a move among the investigators to
elicit admissions or confessions from the suspect.
2) During administrative investigations.
3) Confessions made by an accused at the time he voluntarily surrendered to the police
or outside the context of a formal investigation.
4) Statements made to a private person.
Exclusionary rule
1) Any confession or admission obtained in violation of this section shall be
inadmissible in evidence against him (the accused).
2) Therefore, any evidence obtained by virtue of an illegally obtained confession is also
inadmissible, being the fruit of a poisoned tree.
Requisites of valid waiver:
1) Waiver should be made in WRITING
2) Waiver should be made in the PRESENCE OF COUNSEL.
Section 13. Right to bail
Who are entitled to bail:
1) All persons ACTUALLY DETAINED
2) shall, BEFORE CONVICTION
3) Be entitled to bail.
Who are not entitled to bail:
1)
2)
3)
DUE PROCESS
This means that the accused can only be convicted by a tribunal which is required to
comply with the stringent requirements of the rules of criminal procedure.
PRESUMPTION OF INNOCENCE
The Constitution does not prohibit the legislature from providing that proof of certain
facts leads to a prima facie presumption of guilt, provided that the facts proved have a
reasonable connection to the ultimate fact presumed.
Presumption of guilt should not be conclusive.
RIGHT TO BE HEAR BY HIMSELF AND COUNSEL
The right to be heard includes the following rights:
1. Right to be present at the trial
A. The right to be present covers the period from ARRAIGNMENT to
PROMULGATION of sentence.
B. After arraignment, trial may proceed notwithstanding absence of accused,
provided 2 requisites are met. Note, that trial in absentia is allowed only if the
accused has been validly arraigned.
(i)
(ii)
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.
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)
2)
3)
4)
5)
2. An ordinary witness cannot refuse to take the stand. He can only refuse to answer
specific questions which would incriminate him in the commission of an offense.
Scope of right
1.
2.
3.
Excessive fine
A fine is excessive, when under any circumstance, it is disproportionate to the offense.
Note: Fr. Bernas says that the accused cannot be convicted of the crime to which the
punishment is attached if the court finds that the punishment is cruel, degrading or
inhuman.
Reason: Without a valid penalty, the law is not a penal law.
Section 20. No person shall be imprisoned for debt or non-payment of a poll tax.
Definition of debt under Section 20
1) Debt refers to a CONTRACTUAL obligation, whether express or implied, resulting in
any liability to pay money. Thus, all other types of obligations are not within the
scope of this prohibition.
2) Thus, if an accused fails to pay the fine imposed upon him, this may result in his
subsidiary imprisonment because his liability is ex delicto and not ex contractu.
3) A FRAUDULENT debt may result in the imprisonment of the debtor if:
A. The fraudulent debt constitutes a crime such as estafa and
B. The accused has been duly convicted.
Section 21. No person shall be twice put in jeopardy of punishment for the same
offense. If an act punished by a law and an ordinance, conviction or acquittal
under either shall constitute a bar to another prosecution for the same act.
Requisites for a valid defense of double jeopardy: CODE: ATS
1) First jeopardy must have attached prior to the second.
2) The first jeopardy must have terminated.
3) The second jeopardy must be for the same offense as that in the first.
When does jeopardy ATTACH: (1st requisite) CODE: CICAV
1) A person is charged
2) Under a complaint or information sufficient in form and substance to sustain a
conviction
3) Before a court of competent jurisdiction
4) After the person is arraigned
5) Such person enters a valid plea.
When does jeopardy NOT attach:
1) If information does not charge any offense
2) If, upon pleading guilty, the accused presents evidence of complete self-defense,
and the court thereafter acquits him without entering a new plea of not guilty for
accused.
3) If the information for an offense cognizable by the RTC is filed with the MTC.
4) If a complaint filed for preliminary investigation is dismissed.
When does first jeopardy TERMINATE: (2ND REQUISITE)
1)
2)
3)
4)
Acquittal
Conviction
Dismissal W/O the EXPRESS consent of the accused
Dismissal on the merits.
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.
4) Those who are naturalized in accordance with law.
Modes of acquiring citizenship:
1) Jus Soli acquisition of citizenship on the basis of place of birth
2) Jus Sanguinis acquisition of citizenship on the basis of blood relationship
3) Naturalization the legal act of adopting an alien and clothing him with the privilege
of a native-born citizen.
Note: The Philippines follows (2) and (3)
Election of citizenship under the 1987 Constitution:
Prior to the 1973 Constitution, if a Filipina married an alien, she lost her Filipino
citizenship. Hence, her child would have to elect Filipino citizenship upon reaching the
age of majority. Under the 1973 Constitution, however, children born of Filipino mothers
were already considered Filipinos. Therefore, the provision on election of citizenship
under the 1987 Constitution only applies to those persons who were born under the
1935 Constitution. In order for the children to elect Filipino citizenship, the mothers must
have been Filipinos at the time of their marriage. So, if your mother was a Filipina who
married an alien under the 1935 constitution and you were born before January 17,
1973, you can elect Filipino citizenship upon reaching the age of majority.
When must the election be made:
The election must be made within a reasonable period after reaching the age of majority.
Effects of naturalization:
1) The legitimate minor children of the naturalized father become Filipinos as well.
2) The wife also becomes a Filipino citizen, provided that she does not have any
disqualification which would bar her from being naturalized.
Natural-born citizens:
1) Citizens of the Philippines from birth who do not need to perform any act to acquire
or perfect their Philippine citizenship.
2) Those who elect Philippine citizenship under Art. IV, Sec. 1(3) of 1987 Constitution.
Marriage of Filipino with an alien:
1) General Rule: The Filipino RETAINS Philippine citizenship
2) Exception: If, by their act or omission they are deemed, under the law, to have
renounced it.
Examples of renunciation of Philippine citizenship:
1) Voluntarily obtaining foreign passport
2) Pledging allegiance to another country (ex. by becoming a naturalized citizen of
another country)
Re-acquisition of citizenship
Natural-born Filipinos who are deemed to have lost their citizenship may re-acquire the
same via repatriation proceedings. This involves taking an oath of allegiance and filing
the same with the civil registry.
How may one lose citizenship:
1.
2.
3.
4.
5.
ARTICLE V SUFFRAGE
Qualifications:
1)
2)
3)
4)
CODE: CD18RR
5) Resident of the place wherein he/she proposes to vote for at least 6 months
immediately preceding the election.
Note: NO literacy, property or other substantive requirement can be imposed on the
exercise of suffrage.
Residency requirement
Residency, under Article V has 2 senses:
1. DOMICILE This is in reference to the 1 year residency requirement in the
Philippines.
2. TEMPORARY RESIDENCE This is in reference to the 6 month residency
requirement in the place where one wants to vote. In this case, residence can either
mean domicile or temporary residence.
Disqualifications:
1) Any person sentenced by final judgment to imprisonment of not less than 1 year,
which disability has not been removed by plenary pardon.
2) Any person adjudged by final judgment of having violated his allegiance to the
Republic of the Philippines.
3) Insane or feeble-minded persons.
Note Under the 2nd disqualification, the right to vote is automatically re-acquired upon
the expiration of 5 years after the service of sentence.
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.
Sections 5-7. HOUSE OF REPRESENTATIVES
Composition:
1. Not more than 25 members, unless otherwise fixed by law; and
2. Party-list Representatives
Election of 250 members
1. They shall be elected from legislative districts apportioned among the provinces,
cities and the Metropolitan Manila area.
2. Legislative districts are apportioned in accordance with the number of inhabitants of
each area and on the basis of a uniform and progressive ratio.
a. Each district shall comprise, as far as practicable, contiguous, compact and
adjacent territory;
b. Each city with at least 250,000 inhabitants will be entitled to at least one
representative.
c. Each province will have at least one representative.
d. Legislative districts shall be re-apportioned by Congress within 3 years after
the return of each census.
According to Jack, however, while the
apportionment of districts is NOT a political question, the judiciary CANNOT
compel Congress to do this.
e. The standards used to determine the apportionment of legislative districts is
meant to prevent gerrymandering, which is the formation of a legislative
district out of separate territories so as to favor a particular candidate or party.
Qualifications
1.
2.
3.
4.
5.
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.
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.
(ii)
(iii)
Protection is only against forum other than Congress itself. Thus for
inflammatory remarks which are otherwise privileged, a member may be
sanctioned by either the Senate or the House as the case may be.
The speech or debate must be made in performance of their duties as
members of Congress. This includes speeches delivered, statements
made, votes cast, as well as bills introduced, and other activities done in
performance of their official duties.
Congress need NOT be in session when the utterance is made, as long
as it forms part of legislative action, i.e. part of the deliberative and
communicative process used to participate in legislative proceedings in
consideration of proposed legislation or with respect to other matters with
Congress jurisdiction.
SEC. 12. All Members of the Senate and the House of Representatives shall, upon
assumption of office, make a full disclosure of their financial and business
interests. They shall notify the House concerned of a potential conflict of interest
that may arise from the filing of a proposed legislation of which they are authors.
SEC. 13-14: CONGRESSIONAL DISQUALIFICATIONS:
Disqualifications:
DISQUALIFICATION
WHEN APPLICABLE
1. Senator/Member of the House cannot 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.
3. Legislators cannot personally appear as During his term of office.
counsel before any court of justice,
electoral tribunal, quasi-judicial and
administrative bodies.
4. Legislators cannot be financially During his term of office.
interested directly or indirectly in any
contract with or in any franchise, or special
privilege granted by the Government, or
any subdivision, agency or instrumentality
thereof, including any GOCC or its
subsidiary.
4.) Judicial review of decisions of the ETs may be had with the SC only insofar as the
decision or resolution was rendered without or in excess of jurisdiction or with grave
abuse of discretion constituting denial of due process.
Section 18: THE COMMISSION ON APPOINTMENTS
Composition:
1.) Senate President as ex-officio chairman;
2.) 12 Senators; and
3.) 12 Members of the House.
Note: The 12 Senators and 12 Representatives are elected on the basis of proportional
representation from the political parties and party-list organizations.
Voting/Action
1.) The chairman shall only vote in case of a tie.
2.) The CA shall act on all appointments within 30 session days from their submission to
Congress.
3.) The Commission shall rule by a majority vote of all the Members.
Jurisdiction
1.) CA shall confirm the appointments by the President with respect to the following
positions:
a. Heads of the Executive Departments (except if it is the Vice-President who is
appointed to the post).
b. Ambassadors, other public ministers or consuls.
c. Officers of the AFP from the rank of Colonel or Naval Captain: and
d. Other officers whose appointments are vested in him by the Constitution (e.g.
COMELEC members).
2.) Congress CANNOT by law prescribe that the appointment of a person to an office
created by such law shall be subject to confirmation by the CA.
3.) Appointments extended by the President to the above-mentioned positions while
Congress is not in session shall only be effective until disapproval by the CA or until
the next adjournment of Congress.
Meetings of the CA
1.) CA meets only while Congress is in session.
2.) Meetings are held either at the call of the Chairman or a majority of all its members.
3.) Since the CA is also an independent constitutional body, its rules of procedure are
also outside the scope of congressional powers as well as that of the judiciary.
Note: The ET and the CA shall be constituted within 30 days after the Senate and the
House of Representative shall have been organized with the election of the President
and the Speaker.
Sections 21-22: LEGISLATIVE INQUIRIES
Scope:
1. Either House or any of their committees may conduct inquires in aid of legislation.
2. In aid of legislation does not mean that there is pending legislation regarding the
subject of the inquiry. In fact, investigation may be needed for purposes of proposing
future legislation.
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.
Emergency powers:
1. During times of war or other national emergency, Congress may, BY LAW, authorize
the President to exercise powers necessary and proper to carry out a declared
national policy.
2. Limitations:
a. Powers will be exercised for a limited period only; and
b. Powers will be subject to restrictions prescribed by Congress
3. Expiration of emergency powers
a. By resolution of Congress or
b. Upon the next adjournment of Congress
Sections 24-27, 30-31 LEGISLATION
Bills that must originate from the House of Representatives (Section 24)
CODE: A R T Pu Lo P
1.
2.
3.
4.
5.
6.
Appropriation bills
Revenue bills
Tariff bills
Bills authorizing the increase of public debt
Bills of local application
Private bills
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.
e. Transfer of appropriations:
i.
ii.
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.
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.
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.
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.
(i)
(ii)
c) BUT the government is not prohibited from appropriating money for a valid
secular purpose, even if it incidentally benefits a religion, e.g. appropriations for a
national police force is valid even if the police also protects the safety of
clergymen.
d) ALSO, the temporary use of public property for religious purposes is valid, as
long as the property is available for all religions
3) Special Funds
a) Money collected on a tax levied for a special purpose shall be treated as a
special fund and paid out for such purpose only.
b) Once the special purpose is fulfilled or abandoned, any balance shall be
transferred to the general funds of the Government
Section 32. INITIATIVE AND REFERENDUM
1) Through the system of initiative and referendum, the people can directly propose and
enact laws or approve or reject any act or law or part thereof passed by the
Congress or local legislative body.
2) Required Petition
a) Should be signed by at least 10% of the total number of registered voters
b) Every legislative district should be represented by at least 3% of the registered
voters
c) Petition should be registered
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.
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.
5) Temporary disability of the President:
The temporary inability of the President to discharge his duties may be raised in
either of two ways:
a) By the President himself, when he sends a written declaration to the Senate
President and the Speaker of the House. In this case, the Vice-President will
be Acting President until the President transmits a written declaration to the
contrary.
b) When a majority of the Cabinet members transmit to the Senate President
and the Speaker their written declaration.
(i)
(ii)
(iii)
(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
Section 13. DISQUALIFICATIONS
SUBJECT
SOURCE OF DISQUALIFICATION
President,
Vice-President, Prohibited from:
Cabinet Members, Deputies or 1. Holding any office or employment during their
Assistants of Cabinet Members
tenure, UNLESS:
a. otherwise provided in the Constitution (e.g. VP
can be appointed a Cabinet Member, Sec. of
Justice sits on Judicial and Bar Council); or
b. the positions are ex-officio and they do not receive
any salary or other emoluments therefor (e.g. Sec.
of Finance is head of Monetary Board).
2.
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)
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.
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
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. He cannot suspend the
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.
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.
3.) ALSO: The power to grant clemency includes cases involving administrative
penalties.
4.) Where a conditional pardon is granted, the determination of whether it has been
violated rests with the President.
Limitations:
1.) As to scope:
Cannot be granted:
a.) Before conviction
b.) In cases of impeachment
c.) For violations of election laws, rules, and regulation without the favorable
recommendation of the COMELEC
d.) In cases of civil or legislative contempt
2.) As to effect:
a.) Does not absolve civil liabilities for an offense.
b.) Does not restore public offices already forfeited, although eligibility for the
same may be restored.
Amnesty:
1.) An act of grace concurred in by Congress, usually extended to groups of persons
who commit political offenses, which puts into oblivion the offense itself.
2.) President alone CANNOT grant amnesty. Amnesty needs concurrence by a
majority of all the members of Congress.
3.) When a person applies for amnesty, he must admit his guilt of the offense which
is subject to such amnesty. If his application is denied, he can be convicted
based on this admission of guilt.
4.) Amnesty V. Pardon
AMNESTY
Addressed to POLITICAL offenses
Granted to a CLASS of persons
Need not be accepted
Requires concurrence of majority of
all members of Congress
A public act. Subject to judicial notice
Extinguishes the offense itself
PARDON
Addressed to ORDINARY offenses
Granted to INDIVIDUALS
Must be accepted
No need for Congressional concurrence
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 reorganize 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)
SEC. 3. FISCAL AUTONOMY
1. The entire judiciary shall enjoy fiscal autonomy.
2. Annual appropriations for the judiciary cannot be reduced below the amount
appropriated for the previous year.
3. Once approved, appropriations shall be automatically and regularly released.
SECS. 4-7; 12 JUDICIARY
Composition of the Supreme Court:
1.
2.
Note: Members of the Supreme Court and of other courts established by law shall not
be designated to any agency performing quasi-judicial or administrative functions.
Qualifications of members of the SC:
1.
2.
3.
4.
3. Removal of SC Justices:
a. Only by IMPEACHMENT.
b. Cannot be disbarred while they hold office.
SECS. 4-6, 13. THE SUPREME COURT
Hearing of cases:
1.
2.
En banc; or
Divisions of 3, 5, or 7.
iii.
iv.
v.
vi.
vii.
viii.
ix.
law
presidential decree
proclamation
order
instruction
ordinance, or
regulation;
Note: This procedure shall also be observed by all lower collegiate courts (CA, CTA,
and the Sandiganbayan).
JUDICIAL REVIEW
Definition
1.
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]
Section 2. DISQUALIFICATIONS
Disqualifications:
Members cannot, during their tenure:
1) Hold any other office or employment;
2) Engage in the practice of any profession;
3) Engage in the active management or control of any business, which, in any
way, may be affected by the functions of their office; and
4) Be financially interested, direct or indirect, in any contract, franchise, privilege
granted by the government, any of its subdivisions, agencies,
instrumentalities, including GOCC's and their subsidiaries.
Note: The Ombudsman and his deputies are subject to the same qualifications.
Section 3. SALARIES
Salaries
1) Salaries are fixed by law and shall not be decreased during their TENURE.
2) Decreases in salaries only affect those members appointed AFTER increase.
3) Incumbent members do not lose any salary.
4) Increases take effect IMMEDIATELY.
Section 6. RULES OF PROCEDURE
Procedures:
1) Rules: The Commissions may promulgate its own rules EN BANC.
2) Limitation: It shall not:
a) Diminish,
b) Increase, or
c) Modify substantive rights.
3) Power of SC
a). The SC may not, under Art. VIII Sec. 5(5), exercise the power to disapprove
rules of "special courts and quasi-judicial bodies."
b). In proceedings before the Commissions, the rules of the Commission prevail.
c). In proceedings before a court, the Rules of Court prevail.
d). The SC may, however, in appropriate cases, exercise JUDICIAL REVIEW
2) As COLLEGIAL BODIES, each commission must act as one, and no one member can
decide a case for the entire commission. (i.e. The Chairman cannot ratify a decision
which would otherwise have been void).
Appeals:
1) Decisions, orders or rulings of the COMELEC/COA may be brought on certiorari to
the SC under Rule 65.
2) Decisions, orders or ruling of the CSC should be appealed to the CA under Rule 43.
Enforcement:
It has been held that the CSC can issue a writ of execution to enforce
judgments which are final.
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.
A. Competitive positions
According to merit and fitness to be determined by competitive examinations,
as far as practicable except to positions which are policy-determining,
primarily confidential, or highly technical.
B. Non-competitive positions
1). No need for competitive examinations.
2). 3 kinds
a) Policy-determining -
b) Primarily confidential -
c) Highly technical
Security of Tenure:
Non-Career Service
1. Entrance on bases OTHER than usual
tests of merit and fitness.
a). Not eligible for appointment or designation ANY CAPACITY to ANY PUBLIC
OFFICE or position during their tenure.
b). EXCEPTION: May hold ex officio positions.
Examples:
The Vice President may be appointed Cabinet member
Congressman may sit in the Judicial and Bar Council
c). To be eligible to hold any other office, the elected official must first resign his
office
d). Even Congress cannot, by law, authorize the appointment of an elective
official.
3). Appointive officials
a). Cannot hold any other office or employment in the government, any
subdivision, agency, instrumentality, including GOCC's and their
subsidiaries.
b). EXCEPTION: Unless otherwise allowed by law, or by the primary functions of
his position.
c). This exception DOES NOT APPLY to Cabinet members, and those officers
mentioned in Art. VII, Sec. 13. They are governed by the stricter prohibitions
contained therein.
Section 8. COMPENSATION
1) Prohibitions: applies to elected or appointed officers and employees
Cannot receive:
A. Additional B. Double -
Qualifications:
Note: Questions involving the right to vote fall within the jurisdiction of the ordinary
courts.
4) Deputize, with the concurrence of the President, law enforcement agencies and
instrumentalities of the Government, including the Armed Forces of the Philippines,
for the exclusive purpose of ensuring free, orderly, honest, peaceful, and credible
elections.
a). This power is NOT limited to the election period.
b). Applies to both criminal and administrative cases.
5) Registration of political parties, organizations, or coalitions/accreditation of citizens
arms of the Commission on Elections.
a). The political parties etc. must present their platform or program of
government.
b). There should be sufficient publication
c). Groups which cannot be registered:
i. Religious denominations/sects
ii. Groups which seek to achieve their goals through violence or unlawful
means
iii. Groups which refuse to uphold and adhere to the Constitution
iv. Groups which are supported by any foreign government.
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.
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.
This section does not give candidates immunity from suit.
Discrimination includes unequal treatment in the availment of media facilities.
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.
Provinces
Cities;
Municipalities; and
Barangays
4) The president cannot substitute his judgment for that of an LGU official unless the
latter is acting contrary to law.
5) The President may, however, impose administrative sanctions against LGU officials,
such as suspension for 120 days, and may even remove them from their posts, in
accordance with law.
6) Provinces exercise direct supervision over component cities and municipalities.
7) Cities and municipalities exercise direct supervision over component barangays.
Section 5. EACH LOCAL GOVERNMENT SHALL HAVE THE POWER TO CREATE
OWN SOURCES OF REVENUE/LEVY TAXES, FEES AND CHARGES ETC.
Limitations on Power
1) It is subject to such guidelines and limitations as Congress may provide. See Local
Government Code for examples.
2) The guidelines set by Congress should be consistent with the basic policy of local
autonomy.
Accrual of taxes, fees, charges
The taxes, fees and charges shall accrue exclusively to the local governments.
Section 6. LGUs SHALL HAVE A JUST SHARE IN NATIONAL TAXES, AS
DETERMINED BY LAW, WHICH SHALL BE AUTOMATICALLY RELEASED TO
THEM
Internal Revenue Allotment (IRA)
1) Share of LGUs in national taxes is limited to the internal revenue taxes.
2) The share of each LGU should be released, without need of any further action,
directly to the provincial, city, municipal or barangay treasurer. Release is made on
a quarterly basis within 5 days after the end of each quarter.
3) The share of each LGU should not be subject to any lien or holdback that may be
imposed by the national government for whatever purpose.
4) Each LGU should appropriate in its annual budget at least 20% of its annual IRA for
development projects.
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.
SEC. 9. SECTORAL REPRESENTATION IN LGUS
Legislative bodies of the local governments shall have Sectoral Representation
(under the LGC) as may be provided by law
There should be representatives from:
1) The womens sector
2) The workers
3) Third sector (can choose from any of the following)
A) Urban poor
B) Indigenous cultural communities
C) Disabled persons
D) Any other sector as may be determined by the sanggunian
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: It is an exclusive list. Congress cannot, by law, add to the list of impeachable
offenses.
3. These officers cannot be charged in court with offenses that have removal from
office as penalty.
4. The President cannot be charged with murder.
5. A SC Justice cannot be disbarred because this would disqualify him from his
position.
6. BUT AFTER an official has been impeached, he can be charged with the appropriate
offense.
7. Resignation by an impeachable official does not place him beyond the reach of
impeachment proceedings; he can still be impeached.
All Other Public Officers and Employees
1. They may be removed from office as provided by law
2. BUT: NOT by impeachment
5.)
6.)
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.)
A. Senate has the sole power to try and decide all cases of impeachment
B. For this purpose, the Senators shall be under oath or affirmation
a. When the President of the Philippines is on trial, the CJ of the Supreme
Court presides. However, he/she will not vote.
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
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.
appropriations should be automatically and regularly released.
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.
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
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.
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.
Public utility
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.
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.
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.
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.
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.
Free Education
1) The State shall maintain a system of free education in:
a) Elementary level, and
b) High school level.
2) Elementary education is compulsory for all children of school age. However, this is a
moral rather than a legal compulsion.
Educational Institutions
I. Filipinization
A. Ownership:
1). Filipino citizens, or
2). Corporations incorporated in RP and 60% Filipino-owned.
EXCEPT: Schools established by religious groups and mission boards.
3). Congress may increase Filipino equity requirements in ALL educational
institutions.
B. Control and Administration:
1). Must be vested in Filipino citizens
2). Refers to line positions, such as President, Dean, Principal, and Trustees
3). Faculty members may be foreigners.
C. Student Population:
1). GENERAL RULE: Cannot establish school exclusively for aliens. Aliens can
only comprise up to 1/3 of total enrollment.
2). EXCEPTIONS: Schools established for foreign diplomatic personnel and their
dependents, and unless otherwise provided for by law for other foreign temporary
residents.
II. Tax Exemptions
A. Non-stock, non-profit educational institutions:
1) All revenues and assets actually, directly and exclusively used for educational
purposes are exempt from taxes and duties.
2) This is self-executory.
B. Proprietary educational institutions, including cooperatives:
1) Entitled to exemptions as may be provided by law, including restrictions on
dividends and re-investment
2) Requires an enabling statute
3) Grants, endowments, donations and contributions actually, directly and
exclusively used for educational purposes are exempt from taxes, subject to
conditions prescribed by law.
III. Academic Freedom
A. Educational Institutions
Schools have the freedom to determine:
1) Who may teach,
2) What may be taught,
3) How it shall be taught, and
4) Who may be admitted to study.
B. Faculty members
1) Full freedom in research and in the publication of the results, subject to the
adequate performance of their other academic duties.
2) Freedom in the classroom in discussing their subjects, but they should be
careful not to introduce into their teaching controversial matter which has no
relation to their subjects.
3) When faculty members speak or write in their capacity as citizens, then they
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.
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 such amendments or revisions.
2) Amendments proposed by the people via initiative:
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 after the
certification by COMELEC of the petition's sufficiency.
3) Requisites of a valid ratification:
a) Held in a plebiscite conducted under the election law;
b) Supervised by the COMELEC; and
c) Where only franchised voters (registered) voters take part.
4) Issues regarding ratification:
a) The Constitution does not require that amendments and revisions be
submitted to the people in a special election. Thus, they may be submitted for
ratification simultaneously with a general election.
b) The determination of
the conditions under
which proposed
amendments/revisions are submitted to the people falls within the legislative
sphere. That Congress could have done better does not make the steps
taken unconstitutional.
c) All the proposed amendments/revisions made by the constituent assemblies
must be submitted for ratification in one single plebiscite. There cannot be a
piece-meal ratification of amendments/revisions.
d) Presidential
proclamation
is
NOT
required
for
effectivity
of
amendments/revisions, UNLESS the proposed amendments/revisions so
provide.