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Amendment / revision

2 step process:

Proposal and Ratification

All tax exemptions must be approved all members of congress

Lambino v Comelec

- Amendment to be valid. 2 requisites:


- 1. People themselves must sign the petition.
- 2. Specific proposed must be indicated on the face.
o Exception: it may be attached, fact of such attachment is indicated on the face.

Santiago v Comelec

- Lacking on substantial detail on the amendment of the constitution but it provides for law and
ordinance.

Tolentino v Comelec

- Proposed amendment cannot be in a piecemeal basis.

Can be concurrent with the national election

Non-establishment clause

Prohibition of use of public funds for ecclesiastical purpose.

- School bus and boats, not for the church but for the students and parents.

Religious accommodation

- Schools may be fully foreign owned if run buy a religious sect

Principle of Benevolent Neutrality

- Same same overbreadth

Secular never sectarian standards

Conflict between Religion v state law

- Governmental action funding if the governmental purpose would have some secular objective
o Pope francis, received as a head of state.
- Not tangle, advance, prohibit religion.
o Tie it up with a governmental purpose
- No serious entanglement

Freedom to believe includes freedom not to believe.

Calalang v Williams

- Social justice
- Only when there is doubt, that the construction shall be in favor of the poor, laborer.

Province of Cotabato

Fundamental powers

Police power

- May be used as tools of the two other powers.


- Senior citizens discount is primordially a police power measure.
- Herrera/ferrer vs Bautista social housing tax a tax measure primordially a police power
measure.
- Price stabilization

Eminent Domain

- Concept of taking
o Destruction for a public purpose. If
o Diminution
o Interruption
o Reduction
Tower, power lines, tunnels
- When public purpose was lost.
o No more eminent domain
o If just compensation is still being identified can be withdrawn and payment of
damages
- Local government expropriating if a general grant
o Amount to be paid determine on the nature and character at the time of taking
Even if plans and architects are prepared to convert immaterial
o Sec Pub Works v Tecson
1940 taking no exprop, 1994 when the heir initiated of just compensation
REVERSE IMMINENT DOMAIN at the instance of the private property.
Judge cannot find it fair 1940 price 70cents/sqm. RTC assessed the value at
1994. CA agreed. SC reversed. MOR, SC didnt depart 70cents + 6% interest. +6%
judicial debt. + damages.
- For the cases not decided en banc, matters not resolved division.
- FMV determinable by historical tax records, deed of sale
o Exclusively a judicial function. The rest are merely recommendatory and not conclusive.
o Factors: replacement cost of all materials, the standards prescribed, equity.

Taxation

- Statutory exemption refer to taxes not to impositions.


- Prerogative of the LGU to assess garbage fees.

Self reliant national economy

- Filipino
- Ichong v Hernandez
- Gamboa v tevez
- Practice of professions limited to Filipinos, unless otherwise provided by law.
- Full ownership of aliens is allowed. Congress limits certain industries for Filipinons.

Republican state

Republic of Cotabato Montevideo

- Associative State

Right to Self Determination

- Freely pursue economic social development


- Freely pursue independent status

DFA can make certification of immunity

- It is never conclusive on the courts.

Party list
Pursuant to appropriations made by law

Savings cannot be determined at the start but on

No use of unused funds certification from the national treasurer that there is excess in revenue.

CHR is a constitutional commission

- Authorized to transfer funds.

GAA is not self-executing. It is the president who determines funds would exist to determine the
appropriation made by congresss.

Belgica v Ochoa

Malampaya fund president may determine invalid delegation

- Too much discretion granted in his favor.

Emergency powers

- May a pres proclaim state of emergency?


o Ordinance powers of the president
- State of rebellion?
o Yes, military powers of the president
- Entitle emergency powers?
o Without a law, the president may not exercise
o Congress may refuse a political question
- Take over private utility
o State may take.. does not refer to the president
o There has to be a law to authorize the president

Plebescite participation enfranchised citizen

- Purpose of ratifying changing constitution; 60-90

Referendum nationality determinative status


- Laws; 30-90

RA 6755.

LGU

- Police power
- Eminent domain
- Tax
o Local taxes may be limited by statute but cannot be nullified by statute
o Taxation prerogative

Matter of sovereign immunity is a matter of proof.

Treaties and Executive Agreements have the same efficacy.

May a treaty amend a EA? Yes, not the other way around.

Declaration of martial law does not automaticall suspend the WRH.

Term Limit

- Determine interruption.
o Succession is an interruption
- Was it voluntary?

Latasa cannot serve same term the same constituency municipality to city

Navarro v Comelec now as to position, substantially the changed the constituency.

Plebiscite requirement:

- Change in territory constituency affected


- Participation of LGU in a metropolitan authority
- Approval of an organic act of an autonomous region
o Plebiscite requirement if it will alter the organic act and not a mere amendment.
Sharia courts

- Clerk of court have 2 hats: as clerk and as civil registrar.


o Complaint as civil registrar, referred to the Mayor then CSC.

Garcia

Neri cases

Power of legislative inquiry

Rules may be continuing in nature unless amended by subsequent congresses republished. No


requirement to be published for General House rules.

- Differernt for legislative inquiry. It has to be separate.


- If house rules alone will have continuing effectivity, for legislative inquiry is not.

Executive privilege

- Has to be express and not presumed.


- Cannot be invoked to shield any person for any wrong doing.

Pres COmm

- Clearly quintessential non delegable power


- Principle of proximity. Presidents operational prox
- Overcome by Urgent need and no other source.

Citizenship, residence is a continuing qualification.

- If qualification for candidacy, 10 or 15 days


- If transferred within incumbency, can be assailed anytime.

Dual citizens by accident do not need to take oath under RA9225.

In 9225, will be treated to have a retroactive effect.

- Children born within the period will be dual citizens


Derivative citizenship

- Shall be considered natural born since they are fathered by a person deemed natural born.

Retroactive effect

- Crime of falsification already consummated. No retroactivity insofar as the crime is concerned.

Appointment is not applicable to dual citizen

- Has to take the 2nd oath. Renounce all other citizenships.


- Now he is now only a Filipino.
- Continued use of passport, reversion to dual citizenship.

Residence

- Mitra v Comelec
o 2 reasons: candidate is familiar with the metes and bounds of his district.
o Alectorate is aware of the qualification
- Jalover?
o Is all about physical presence and conduct
o Animus manendi, animum rivertendi
o No person has 2 residences.
- Need not even own a house for residency. Can rent, live with a friend.
o Ownership of a land and partially built house should show intent and not just display.

House of Reps

- District and party-list


- Youth party list must not be more than 30 yrs upon election.
- Cannot be nominated if they lost in the previous election.

A city is not automaticall a legistlative district

- To qual it must have 250k.

For a district from 1 to 2.

- Not requirement for additional

250k requires only for the original constitution as a leg district.


Dinagat

- Statute creating it is valid. Less than 19k population and 2000sqm. IRR provide for the islands
rule.

ARMM case.

- Only congress can create legislative districts.


- Valid for municipals and brgy and not for provinces and cities.

Facial Objection

- If it raises issues on errors of jurisdiction and not law. GAD.

Party list- nominees , you must submit 5.

Proof of Track record is only required not of parties but of nominees for sectoral parties.

Filling of seats is not mandatory. But every effort should be exerted to fill the seats.

Commencement of the term can be changed by law except for pres/vp.

TN: of party list, local government.

Privilege of Speech (check when the utterance was made)

- Must always be in the performance of legislative speech, legislative committee


- If after the session, ambush interview, libel suits persist even if it is in the senate halls.

Legislator can accept an incompatible office, yes but he forfeits his seat.

Forbidden office? No.. Appointive not elective office.

- Upon reelection, no longer a forbidden office.


Qualifications:

Hacot ; Hapson

- Residence as a qualification may be fulfilled before the renunciation oath.

Incompatible Office

- Offices with contrary functions. i.e. Legislative and judiciary.

GOCC with special charter for the common good and economically viable.

COA is an adjunct of congress.

Avelino v Cuenco

- Coercive jurisdiction
- Quorum based on all those subject to the coercive authority to be compelled to attend.

Jurisidiction of the court in election contest is a JUDICIAL Power. Not quasi-judicial.

Juridiction of election tribunal:

- Proper oath
o Taken before the speaker, in open session
4 Monday of July is the open session
Start noon 30 June
- Assume office
- Proclamation

**unless the three is complied, COMELEC still has jurisdiction.

Commission of Appointments
Gerrymandering-

- Configuring of a legislative district to suit a party

Log-rolling

- Ensuring minority bills will be consolidated in a bill. Hodge podge since there are several
subjects.

Only a code will allow several topics.

Can a joint resolution be treated a law?

- Under the rules of the houses, if it will pass 3 readings on separate days shall become a law.
Approved in accordance with the constitution

GR: no partial veto of a bill

Exc: partial veto in cases of appropriations.

- If he approves an item, he also approves the conditions attached.

Progressive system of taxation no self-executing

ADE religious charitable lands and bldgs.. it is the character of the property and not the use of the
revenue.

Article 7 Executive:

No appointive officials may hold another either as appointment or designation. FUNA>

Exc: ex-officio capacity, authorized law, necessary to the functions of the office, no additional
compensation.

Civil liberties ex officio by reason of the office.


2 situations when VP may act as pres:

- President elect not chosen


- Failed to qualify.
- Unable to discharge his duties upon notification to Congress

Will Acting Pres have all powers?

- Yes.

Midnight apptments unconstitutional?

- Not necessary
- Made in anticipation of the loss of the power of the President.

Steps of the appointment:

- Appointment paper, transmittal, appointee received, and accepted.


- This has to be complied before the prohibited period.

No appointment can be made when the office Is not yet vacant.

Ad interim and regular both permanent appointments.

Ad interim

- If disapproved, the appointee never evolved into a term.

Power of control is not absolute.

- Doctrine of exhaustion of admin remedies.


o Required to be observed if the law requires it.
- Principel of Qualified Political Agency.
o Acts of the secretaries, acts of the president unless they are revoked by the president.
o Principle is applicable if appointed by the president and not by law.

Pardon

- Final conviction is required


o Pending appeal no final conviction yet
- Condition of the pardon is co-extensive of the balance of the penalty.
- Acceptance is required.
Amnesty premised on a prior admission of guilt

Court Martial is not a court insofar as the judiciary

- Power of president as commander of chief


- Remedy: exhaustion of admin remedy. Office of the President
- From OP to Rule 65 to SC original jurisdiction.

Judiciary

Security of tenure on Judiciary is important only in removal.

- Abolishment of office, there is no removal.

May a law be passed reorganizing the judiciary? Yes

Fiscal autonomy + rule making authority = Judicial Indpendence.

Minimum required of decisions of SC = 3 of its members.

En banc = majority of those who deliberated.

- Quorum of 8, majority of 5

JBC

- Issue on integrity = unanimous vote of JBC


- Morality rolls into the integrity

Minute resolutions are allowed.

Promotion in appoint

- Vacancy in the chairmanship is accidental as opposed to absolute(no promotion)


MECO is a private corporation

- Is subject to the jurisdiction COA insofar of collecting fees from overseas worker.
- All else, not subject.

No Aguinaldo Doctrine

- Correct term: Condonation principle


- Re-election, condonation of admin charges from the previous term
- Never applies to criminal liability

Unlawful preventive suspension maximum of 5 years backwages.

May an elective official hold another office?

- Yes, if incompatible, he will forfeit his elective seat.


- Brgy officials is not included - non-partisan.

COC

- Acceptance is ministerial duty of Comelec


- 68. Election offenses
o Filing COC to proclamation
o Effect: until dq, still a bonafide candidate
o If proclaimed, until dq, still a de jure officer
o Preclude from appointment
o If dq, succession, Vice mayor
- 78. Material misrepresentation .
o 25 days from COC filing.
o Void ab initio, never have been a candidate.
o May be appointed since he has not lost.
o No substitution
o If dq, 2nd placer.
- Substitution
o 2 deadlines:
o Death, disq, withdrawal before the election
o Death or disqualification noon of election day.
o Only valid COC may be substituted. 68 only.
- 69 Nuisance candidates.
o Vote for the NC is not stray but shall be counted for the Bona fide candidate.
o Stray if no concurrence of name.

Validity of the cancassing can be pre-proc

- Composition of the board, fraud in the returns

Failure of election

- Not conducted, no completed, suspended before the time, failure of transmission


- Threat intimidation
- Results of the election will be materially affect

**COMELEC may conduct a special election

- Only discretionary.

Division only. MR to en banc.

- Appellate authority of lower courts for brgy election decision is final .

En banc does not have the same certuiraru wuth the division

- Interlocutory order for certiorari will just await and be a ground for appeal.

GAD of division

- Rule 64 petition to SC bypassing the en banc 30 days.

COMELEC en banc

- Cannot nullify if not first filed with the division. serafica underage.
- Previously in jalosjos- en banc acted in enforcement capacity.

**distinction

- In serafica, requires proof. In jalosjos no requirement.

Public office, public trust

- Administritative offenses do not prescribe.

Sandiganbayan justices - not impeachable, a lower court


Culpable violation of the consti, treason, graft, bribery, other high crimes.betrayal of pub trust(gross
faithless ness, tyrannical abuse of duty, gross abuse of discretionary power)

Impeachment is not synonymous with removal

- Imp. Is a mode.
- To impeach to accused

1 impeachment proceeding can contain multiple containts.

initiate

- Upon filing, and referral to the committee.


- 1 year ban rule

Rules of impeachment is only to be made known and not publuished.

Impeachment proceeding

- Is a political process.
- When the senate is called upon, they must each take a separate oath.

Judicial review exercisable even in impeachment priceedings.

Ombudsman

- Dual jurisdiction
- Admin disciplinary action: all pub office exc leg, judiciary
o JBC is under ombudsmans jurisidiction.
- Appealable rule 43 CA quasi judicial body. admin case. Removal immediately exec cannot be
enjoined by CA.
- Criminal investigation prerogative rule 65 challenge file it with sandiganbayan / lower courts.

Rt of Preliminary investigation.

- Is granted in the Ombudsman


- Ombudsman is competent to dismiss if on its face if there is no merit.
- Independence of the ombudsman

Sandigan
- Agraft and corrupt
- Even below sg27 is under sandigan bayan managers of GOCC. , board rgents of uni, municipal
mayor
- RPN is sequestered 31% by gov, appointed by BIR. < not a public officer.
- Bir deputized a stranger to levy not a public officer.
- SB- exercises certiorari
- Civil jurisdiction in ill gotten wealth wealth coming from gov, gotten by marcos to friendsd and
family.

Less than 6 years penalty lower courts appealble to the sandiganbayan

- If CA, dismissed.

Intra-corporate pertain to the ower of the sequestered shares not RTC but Sandiganbayan.