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CITIZENSHIP they are deemed, under the law, to have renounced it”

[Sec. 4, Art. IV].


Defined: Membership in a political community which is
personal and more or less permanent in character. Policy against dual allegiance:

Citizenship vs. Nationality ”Dual allegiance of citizens is inimical to the national


interest and shall be dealt with by law” [Sec. 5, Art. IV].
Citizenship Nationality
Dual Citizenship Dual allegiance
1. Membership in a 1. Membership in any
political community class or form of political Arises when, as a result of Refers to the situation
which is personal and community. concurrent application of where a person
more or less permanent 2. It has broader meaning, the different laws of two or simultaneously owes, by
in character. embracing all who owe more States, a person is some positive act, loyalty
2. A term denoting allegiance to a state, simultaneously considered to two or more States.
membership of a citizen whether democratic or a citizen of said states.
in a political society, not, without thereby
which membership becoming citizens. Involuntary and allowed Result of an individual’s
implies, reciprocally, a Because they owe volition and is
duty of allegiance on the allegiance to it, they are prohibited by the
part of the member and not regarded as aliens. Constitution.
duty of protection on the
part of the state.

WHO ARE FILIPINO CITIZENS

MODES OF ACQUIRING CITIZENSHIP 1. Those who are Filipino citizens at the time of the
1. By birth adoption of the 1987 Constitution:
a. Jus sanguinis – acquisition of citizenship on
the basis of blood relationship. 2.
b. Jus soli – acquisition of citizenship on the a. Those who are citizens under the Treaty of
basis of the place of birth. Paris;
2. By naturalization – the legal act of adopting an alien b. Those declared citizens by judicial declaration
and clothing him with the privilege of a native-born applying the jus soli principle, before Tio Tam v.
citizen. Republic, G.R. No. L-9602, April 25, 1957.
3. By marriage - A foreign woman marries a Filipino c. Those who are naturalized in accordance with
husband, provided, she possesses all qualifications law (Act 2927).
and none of the disqualifications for naturalization. d. Those who are citizens under the 1935
Constitution.
Natural-born citizens e. Those who are citizens under the 1973
Constitution.
Those who are citizens of the Philippines from birth
3. Those whose fathers or mothers are Filipino citizens
without having to perform any act to acquire or perfect
3. Those born before January 17, 1973, of Filipino
their Philippine citizenship.
mothers, who elect Philippine citizenship upon
reaching the age of majority; and
Those who elect Philippine citizenship shall be deemed
natural- born citizens [Sec.2, Art. IV],
4. Those naturalized in accordance with law. (Sec. 1,
Marriage by Filipino to an alien: Art. IV, 1987 Constitution

“Citizens of the Philippines who marry aliens shall


retain their citizenship, unless by their act or omission
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citizenship (RA 9139)
The petitioner believes he The petitioner
Naturalization - The act of formally adopting a is a Filipino citizen and acknowledges that he is an
foreigner into the political body of a nation by clothing asks a court to to declare alien, and seeks judicial
him or her with the privileges of a citizen or confirm his status as a approval to acquire the
Philippine citizen privilege of becoming a
Modes of Naturalization Direct vs. Derivative Philippine citizen based on
Naturalization requirements under C.A.
473
Direct Naturalization Derivative Naturalization Administrative act Judicial Act
Is effected: Is conferred:
Applies only to aliens who Covers all aliens
1. By individual 1. On the wife of the were born in regardless of class
proceedings, usually naturalized husband the Philippines and have
2. On the minor
judicial, under been
children of the
general naturalized parent residing here.
naturalization laws 3. On the alien woman
upon marriage to a Less tedious, less technical
2. By specific act of the national and more encouraging.
legislature, often in 4. The unmarried child An alien who is not
favor of distinguished whether legitimate, qualified
illegitimate or under R.A. No. 9139 may
foreigners who have
adopted, below 18
rendered some still
years of age, of those
notable service to the who re-acquire be naturalized under C.A.
local state Philippine citizenship No.
upon effectivity of 473
3. By collective change R.A. 9225 shall be
of nationality deemed citizens of
the Philippines Modes of becoming a citizen by naturalization
(naturalization en
masse) as a result of 1. Administrative naturalization pursuant to RA 9139
cession or 2. Judicial naturalization pursuant to CA 473, as
subjugation amended; and
3. Legislative naturalization in the form of a law
4. In some cases, by enacted by Congress bestowing Philippine citizenship
adoption of orphan to an alien. (So v. Rep., G.R. No. 170603, Jan. 29, 2007)
minors as nationals of
the State where they
are born Procedure under CA 473
1. Declaration of Intention
NOTE: Must be done one year prior to the filing
of petition for admission to Philippine Citizenship
2. Petition for Citizenship
Doctrine of indelible allegiance. 3. Notification and Appearance
NOTE: Publication of such petition in the
An individual may be compelled to retain his original
Official Gazette and in one of the newspapers of general
nationality even if he has already renounced or forfeited
circulation in the province where the petitioner resides
it under the laws of the second State whose nationality
4. Hearing of the Petition
he has acquired.
5. Issuance of the Certificate of Naturalization

Petition for judicial Judicial naturalization NOTE: The petitioner shall also take an oath before the
declaration of Philippine (C.A. 473) naturalization certificate is issued.

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6. Record Books proceedings to aliens born and residing in the
7. Charging of Fees Philippines.

Procedure under RA 9139


1. Petition for Citizenship
Grounds for loss of Philippine citizenship
2. Special Committee on Naturalization
1. Naturalization in a foreign country;
3. Approval or Disapproval of the Petition
4. Decree of Naturalization 2. Express renunciation of citizenship (expatriation);
or
5. Charging of Fees
3. Subscribing to an oath of allegiance to the
constitution or laws of a foreign country upon
Denaturalization attaining 21 years of age; or
The process taken by a government to revoke the 4. Rendering service to or accepting commission in the
citizenship status of an individual. armed forces of a foreign country; or
Grounds for denaturalization 5. Cancellation of certificate of naturalization
1. Naturalization certificate obtained (Denaturalization); or
fraudulently or illegally 6. Having been declared by final judgment a deserter
2. If, within 5 years, he returns to his native of the armed forces of the Philippines in times of
country or to some foreign country and war; or
establishes residence therein 7. In case of a woman, upon her marriage, to a
3. Naturalization obtained through invalid foreigner if, by virtue of the laws in force in her
declaration of intention husband’s country, she acquires his nationality.

4. Minor children failed to graduate through NOTE: Citizenship is renounced expressly (Ibid.).
the fault of parents either by neglecting
support or by transferring them to another Cancellation of the Certificate of Naturalization.
school
The Special Committee on Naturalization may cancel
5. Allowing himself to be used as a dummy certificates of naturalization issued under this act in the
Effects of denaturalization following cases:

 If ground affects intrinsic validity of 1. if the naturalized person or his duly authorized
proceedings, denaturalization shall divest
representative made any false statement or
wife and children of their derivative
naturalization misrepresentation,or committed any violation of
law, rules and regulations in connection with the
 If the ground is personal; the wife and petition, or if he obtains Philippine citizenship
children shall retain citizenship.
fraudulently or illegally;
2. if, within five years, he shall establish permanent
Naturalization by direct legislative action.
residence in a foreign country, provided that
remaining for more than one year in his country of
This is discretionary on Congress; usually conferred on
an alien who has made outstanding contributions to the origin or two years in any foreign country shall be
country prima facie evidence of intent to permanently reside
therein;
Administrative Naturalization [R.A. 9139]. 3. if allowed himself or his wife or child with
acquired citizenship to be used as a dummy;
The “Administrative Naturalization Law of 2000” would 4. if he, his wife or child with acquired citizenship
grant Philippine citizenship by administrative commits any act inimical to national security

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Ways to reacquire citizenship 2. Retention

1) Naturalization
Natural-born citizens of the Philippines who, after
2) Repatriation the effectivity of said RA, become citizens of a
foreign country shall retain their Philippine
citizenship. (Section 3, R.A. 9225; David v. Agbay,
3) Undr RA 9225, by taking an oath of allegiance G.R. No. 199113, March 18, 2015
required f former natural-born Philippine citizens
who may have lost their Philippine citizenship

LEGISLATIVE DEPARTMENT
Naturalization vs. Repatriation

Naturalization Repatriation
The Legislative Power
Nature
Defined: The power to propose, enact, amend and repeal
A mode of acquisition and A mode of reacquisition of
laws
reacquisition of Philippine Philippine citizenship
citizenship

Intiative
Repatriation
 power of the people to propose amendments to the
Recovery of the original nationality. This means that a Constitution or to propose and enact legislation
naturalized Filipino who lost his citizenship will be through an election called for the purpose.
restored to his prior status as a naturalized Filipino
citizen. On the other hand, if he was originally a
natural-born citizen before he lost his Philippine
citizenship, he will be restored to his former status as a Three systems of initiative
natural-born Filipino.
1. Initiative on the Constitution which refers to a
petition proposing amendments to the Constitution;
NOTE: Repatriation shall be effected by: 2. Initiative on statutes which refers to a petition
proposing to enact a national legislation; and
 Taking the necessary oath of allegiance to the 3. Initiative on local legislation which refers to a
Republic of the Philippines; and petition proposing to enact a regional, provincial,
city, municipal or barangay law, resolution or
 Registration in the proper civil registry and in the ordinance.
Bureau of Immigration.
Indirect initiative is the exercise of initiative by the
 The Bureau of Immigration shall thereupon cancel people through a proposition sent to Congress or local
the pertinent alien certificate of registration and legislative body for action [Sec. 2, R. A. 6735],
issue the certificate of identification as Filipino
citizen to the repatriated citizen
Referendum is the power of the electorate to approve or
reject legislation through an election called for the
Categories of Natural-Born Filipinos under RA 9225 purpose. It may be of two classes, namely:

1. Reacquisition Referendum on statutes which refers to a petition


to approve or reject an act or law, or part thereof,
Natural-born citizens of the Philippines who have passed by Congress; and
lost their Filipiino citizenship due to naturalization
as citizens of a foreign country are deemed to have Referendum on local laws which refers to a
re-acquired Philippine citizenship; and
petition to approve or reject a law resolution or

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ordinance enacted by regional assemblies and commence, unless unless otherwse provided
local legislative bodies [Sec.2(c), R. A. 673 otherwse provided by by law, at noon on the
law, at noon on the 30th 30th day of june next
Prohibited measures. The following cannot be the day of june next ff. Their following their election
election.
subject of an initiative or referendum petition: No Term limit : not more
petition embracing more than one subject shall be Term limit: Not more than 3 consecutive terms
submitted to the electorate; and statutes involving than 2 consecutive terms
emergency measures, the enactment of which is
specifically vested in Congress by the Constitution,
cannot be subject to referendum until ninety (90) days
after their effectivity [Sec. 10, R. A. 673

Congress.

 Composition [Sec. 1, Art. Vi], A Senate and a


House of Representatives

Composition, qualifications, and term of office of


members of Congress

senate HR

composition

Senators (elected Not more than members, unless


large qualified voters of otherwise provided by law
Philippines as may be NOTE: Congress itself may
provided by law) bylaw increase composition of
the HoR

qualifications

1. Natural- born citizen 1. Natural- born citizen


of the Philippines of the Philippines

2. At least 35 years of 2. 2. Except youth party-


age on the day of the list representatives,
election atleast 25 yrs of age on th
day of election
3. Able to read and write
3. Able to read and write
4. A registered voter
4. Except party-list
5. Resident of the representatives, a
Phlippines for not less registered voter in the
than 2 yrs immediately district in which he shall
preceding the day of be elected
election
5. Resident thereof for a
period of no less than 1
yar immediately
preceding the day of the
election

Term of Office

6 years which shall 3 yers which shall begin

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he lost in the previous election the previous election

Effect of change in party affiliation to the upcoming elections

A change in affiliation within A change in affiliation within


months prior to election does 6 months prior to election
not prevent a district prohibits the party-list
representative from running representative from listing as
under the new party a representative under his
new party organization.

Party-list representatives shall constitute 20% of the


total number of representatives in the HoR including
those under the party list. (1987 Constitution, Art. VI,
Sec. 5, par. 2)

\
Composition of the HoR (2002, 2007 Bar)

Distrct representative Party-list representative Apportionment of legislative districts

As to who will vote a) Apportionment shall be made in accordance with the


Electe by the constituents of Elected nationally ( those
number of respective inhabitants [among provinces,
his respective district garnering atleast 2% of all cities and Metro Manila area], on the basis of a uniform
the votes cast for the party- and progressive ratio. But:
list system are entitled to 1
seat, which is increased
according to proportional (i) each city with not less than 250,000 inhabitants
representation, but is in no shall be entitled to at least one representative; and
way to exceed 3 seats per
organization.) (ii) Each province, irrespective of number of
inhabitants, is entitled to at least one
Residency requirement
representative.
Must be a resident of his No sprecial residency
legislative district for at least requirement b) Each legislative district shall comprise, as far as
1 year immediately before the practicable,contiguous, compact and adjacent territory.
election.
This is intended to prevent gerrymandering.
Effect of change in party affiliation
Election.
Do not lose seat Loses his seat, in which case
he will be substituted by
another qualified person in 1. Regular: Unless otherwise provided by law, on the
the party or organization second Monday of May [Sec. 8, Art. VI].
based on list submitted to the
COMELEC
2. Special: To fill a vacancy, but elected member shall
As to vacancy serve only for the unexpired portion of the term [Sec. 9,
A special election may be A substitution will be made Art. VI]..
held provided that the within the arty based on the
vacancy takes place atleast 1 lsit submitted to the Salaries.
yr before the next election COMELEC

Effect of defeat in the election [Sec. 10, Art. VI - “The salaries of Senators and
Members of the House of Representatives shall be
A district representative is not
prevented from running again A party-list representative determined by law. No increase in said compensation
as a district representative if cannot sit if he ran and lost in shall take effect until ater the expiration of the full term
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of all the members of the Senate and the House of justice or before the Electoral Tribunals, or quasi-
Representatives approving such increase.”] judicial or other administrative bodies. Neither shall he,
directly or indirectly, be interested financially in any
Freedom from arrest contract with, or in any franchise or special privilege
granted by the Government or any subdivision, agency,
[“A Senator or Member of the House of Representatives or instrumentality thereof, including any government-
shall, in all offenses punishable by not more than six years owned or controlled corporation, or its subsidiary,
imprisonment, be privileged from arrest while the Congress
during his term of office. He shall not intervene in any
is in session
matter before any office of the Government for his
pecuniary benefit or where he may be called upon to act
Privilege of speech and of debate
on account of his office.”
[“No Member shall be questioned nor be held liable in any
Enrolled Bill Theory.
other place for any speech or debate in the Congress or in
any committee thereof.”]
An enrolled bill is one duly introduced and finally
passed by both Houses, authenticated by the proper
officers of each, and approved by the President. The
enrolled bill is conclusive upon the courts as regards the
tenor of the measure passed by Congress and approved
by the President

Special: “The President may call a special session at any


time" [Sec. 15, Art. VI]. A special session may be
Diqualification called by the President at any time, usually to consider
legislative measures which the President may designate
INCOMPATIBLE OFFIC FORBIDDEN OFFICE
in his call.
No Senator or Member of Neither shall be appointed
the House of to any office which Joint sessions:
Representative May not have been created,
hold any other office or or the emoluments thereof
employment in the increased during the term a) Voting separately:
Government,during his for which he was elected
term withou forfeiting his
seat NOTE: After such term, i) Choosing the President [Sec. 4, Art. VII].
and even if he is re-
elected, the ii) Determine President’s disability [Sec. 11, Art.
disqualification no longer VII].
applies and he may
therefore be appointed to
the office iii) Confirming nomination of the Vice President
[Sec. 9, Art. VII].
Automatically forfeits seat Even if he is willing to
upon the member’s forfeit his seat, he may not iv) Declaring the existence of a state of war [Sec.
assumption of such other be appointed to said office
office 23, Art. VI],
Purpose: to prevent
XPN: holds other office in trafficking in public office. v) Proposing constitutional amendments [Sec. 1,
ex-officio capacity Art. XVII],

More of an inhibition More of a prohibition b) Voting jointly: To revoke or extend proclamation


suspending the privilege of the writ of habeas corpus or
placing the Philippines under martial law [Sec. 18, Art.
VII].
Other inhibitions [Sec. 14, Art. VI:

“No Senator or Member of the House of Representatives Adjournment. “Neither House during the sessions of
may personally appear as counsel before any court of the Congress shall, without the consent of the other,

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adjourn for more than three days, nor to any other place Once he has: (POA)
than that in which the two Houses shall be sitting” [Sec.
been Proclaimed
16 (5), Art. VI].
taken his Oath; and
Officers [Sec. 16(1), Art. VI]: Senate to elect its
President, and the House of Representatives its Speaker, Assumed office
by a majority vote of all its respective members. Each
House shall choose such other officers as it may deem
necessary. Composition of the Commission on Appointments
(CA)
Quorum [Sec. 16(2), Art. VI]: A majority of each
House, but a smaller number may adjourn from day to
day and may compel the attendance of absent Members Senate President as ex-officio chairman
in such manner and under such penalties as such House
may determine.
12 Senators
Discipline of members [Sec. 16(3), Art. VI]: House 12 members of the HoR. (1987 Constitution, Art.
may punish its members for disorderly behavior, and, VI, Sec. 18)
with the concurrence of 2/3 of all its members, suspend
(for not more than sixty days) or expel a member. Powers

The Commission shall act on all appointments submitted


to it within 30 session days of Congress from their
submission. The Commission shall rule by a majority
vote of its members. The Commission shall meet only
while Congress is in session, at the call of its Chairman
ELECTORAL TRIBUNAL or a majority of all its members.
Composition of the Electoral Tribunal (ET)
Presidential appointments subject to confirmation by
 3 Supreme Court Justices designated by the Chief the Commission
Justice;

1. Heads of the Executive departments XPN: Vice-


 6 members of the Chamber concerned (Senate or
President who is appointed to the post
HoR) chosen on the basis of proportional
representation from the political parties and parties 2. Ambassadors, other public ministers, or consuls
registered under the party-list system. (1987
Constitution, Art. VI, Sec. 17) 3. Officers of the AFP from the rank of colonel or naval
captain

4. Other officers whose appointments are vested in him by


Jurisdiction of the ETs the Constitution (i.e. COMELEC members, etc.)

General [plenary] legislative power [Sec. 1,Art. Vi],


Each electoral tribunal shall be the sole judge of all Legislative power is the power to propose, enact, amend
contests relating to the election, returns, and and repeal laws.
qualifications of their respective members (1987
Constitution, Art. VI, Sec. 17).
a) Limitations:
i) Substantive:
When the winning candidate is considered as
member of the Senate or HoR
Express:

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 Bill of rights [Art. Ill]; Procedure: “No bill passed by either House shall
become a law unless it has passed three readings on
 On appropriations [Secs. 25 and 29 (1) & (2), Art. separate days, and printed copies thereof in its final
VI]; form have been distributed to its Members three days
 On taxation [Secs. 28 and 29 (3), Art. VI; Sec. 4 before its passage, except when the President certifies to
(3), Art. XIV]; the necessity of its immediate enactment to meet a
public calamity or emergency” [Sec 26 (2) Art. VI].
 ) On constitutional appellate jurisdiction of the
Supreme Court [Sec.30, Art. VI];
Approval of bills.
 ) No law granting a title of royalty or nobility shall
be passed [Sec. 31, Art. VI] The bill becomes a law in any of the following cases:

1) When the President approves the same and signs


Implied:
it.
 Non-delegation of powers; and
2) When Congress overrides the Presidential veto.
 Prohibition against the passage of irrepealable laws. If the President disapproves the bill, he shall return
the same, with his objections thereto contained in
his Veto Message, to the House of origin [which
ii) Procedural: shall enter the objections at large in its Journal].
The Veto is overridden upon a vote of two-thirds
1. Only one subject, to be expressed in the title
of all members of the House of origin and the other
thereof[Sec.26, A
House. [Yeas and nays entered in the Journal of
2. Three readings on separate davs: printed copies of each House.]
bill in its final form distributed to Members three
 No pocket veto.
days before its passage, except when the President
certifies to its immediate enactment to meet a  Partial veto. As a rule, a partial veto is invalid
public calamity or emergency; upon last reading, no
amendment allowed, and vote thereon taken  Legislative veto. A congressional veto is a means
immediately and yeas and nays entered in the whereby the legislature can block or modify
Journal [Sec. 26, Art. VI]. administrative action taken under a statute. It is a
form of legislative control in the implementation of
particular executive action
b) Legislative Process.

3. When the President fails to act upon the bill for


i) Requirements as to bills: thirty days from receipt thereof, the bill shall
become a law as if he had signed it [Sec. 27(1),

1. Only one subject to be expressed in the title thereof.


Power of Appropriation
2. Appropriation, revenue or tariff bills, bills
authorizing increase of the public debt, bills of local
application, and private bills shall originate
exclusively in the House of Representatives [Sec. The spending power, called the power of the purse”,
24, Art. VI]. belongs to Congress, subject only to the veto power of
the President. While it is the President who proposes the
budget, still, the final say on the matter of appropriation
is lodged in Congress

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included therein [Sec. 25(4), Art. VI].

The power of appropriation carries with it the power to


specify the project or activity to be funded under the Constitutional mles on general appropriations law
appropriation law. It can be as detailed and as broad as [Sec. 25, Art. VI]:
Congress wants it to be.

1. Congress may not increase the appropriations


recommended by the President for the operation of
Need for appropriation. [Sec. 29 (1), Art. VI: “No the Government as specified in the budget.
money shall be paid out of the Treasury except in
pursuance of an appropriation made by law.”]

2. The form, content, and manner of preparation of the


budget shall be prescribed by law.
Appropriation law, defined. A statute the primary and
specific purpose of which is to authorize the release of
public funds from the Treasury.
3. No provision or enactment shall be embraced
unless it relates specifically to some particular
appropriation therein. Any such provision or
Classification: enactment shall be limited in its operation to the
i) General appropriation law: passed annually, appropriation to which it relates
intended to provide for the financial operations of the 4. Prohibition against transfer of appropriations.
entire government during one fiscal period. [Sec. 25 (5)-No law shall be passed authorizing any
transfer of appropriations- however, the President,
the President of the Senate, the Speaker of the
ii) Special appropriation law: designed for a specific House of Representatives, the Chief Justice of the
purpose. Supreme Court, and the heads of Constitutional
Commissions may, by law, be authorized to
augment any item in the general appropriation law
Implied [extra-constitutional] limitations on for their respective offices from savings in other
appropriation measures: items of their respective appropriations. ”]

Prohibition against appropriations for sectarian


i) Appropriation must be devoted to a public purpose.
benefit [Sec 29(2), Art. VI: No public money or
ii) The sum authorized to be released must be property shall be appropriated, applied paid, or
determinate, or at least determinable employed, directly or indirectly, for the use, benefit, or
support of any sect, church, denomination, sectarian
institution, or system of religion or of any priest,
preacher, minister, or other religious teacher, or
dignitary, as such except when such priest, preacher,
Constitutional limitations on special appropriation minister, or dignitary is assigned to the armed forces, or
measures: to any penal institution, or government orphanaqe or
leprosarium”].

1) Must specify the public purpose for which the sum


is intended.
Automatic reappropriation [Sec. 25 (7), Art. VI: “If,
2) Must be supported by funds actually available as by the end of any fiscal year, the Congress shall have
certified to by the National Treasurer, or to be failed to pass the general appropriations bill for the
raised by a corresponding revenue proposal ensuing fiscal year, the general appropriations law for
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the preceding fiscal year shall be deemed re-enacted and scheduled appearance. Interpellations shall not be
shall remain in force and effect until the general limited to written questions, but may cover matters
appropriations bill is passed by the Congress’].. related thereto. When the security of the State or the
public interest so requires, the appearance shall be
conducted in executive session. [Sec. 22, Art. VI],
Impoundment. The refusal by the President for
whatever reason to spend funds made available by
Congress. It is the failure to spend or obligate budget
authority of any type [Philconsa v. Enriquez, supra.] A distinction has to be made between the power to
conduct inquiries in aid of legislation, the aim of
which is to elicit information that may be used for
legislation, and the power to conduct a question hour,
Power of Legislative Investigation the objective of which is to obtain information in pursuit
of Congress’ oversight function [Senate v. Ermita,
supra.]. . i)
[Sec. 21, Art. VI: The Senate or the House of
Representatives or any of its respective committees may
conduct inquiries in aid of legislation in accordance with when the inquiry in which Congress requires thei
its duly published rules of procedure. The rights of appearance is “in aid of legislation” under Sec. 21, the
persons appearing in or affected by such inquiries shall appearance is mandatory. When Congress exercises its
be respected”]. power of inquiry, the only way for department heads to
exempt themselves therefrom is by a valid claim of
executive privilege. They are not exempt by the mere
Limitations: fact that they are department heads. Only one executive
official may be exempted from this power — the
President — on whom executive power is vested, hence,
beyond the reach of Congress except through the power
1. In aid of legislation
of impeachment.
2. In accordance with duly published rules of
procedure
iii) Thus, the requirement for Cabinet Members to
3. Rights of persons appearing in, or affected by secure Presidential consent under Sec. 1 of E.O. 464,
such, inquiry shall be respected. which is limited only to appearances in the question
hour, is valid on its face.

. War powers. By a vote of 2/3 of both Houses in joint


Power to punish contempt. session assembled, voting separately, declare the
existence of a state of war [Sec. 23(1),
Punishment of contumacious witness may include
Art. VI]..
imprisonment, for the duration of the session. The
Senate, being a body, may order imprisonment for an
indefinite period, but principles of due process and equal
protection will have to be considered. . Power to act as Board of Canvassers in election of
President [Sec. 4, Art. VII].

Question hour. The heads of departments may upon 


their own initiative, with the consent of the President, or a) In the exercise of this power, Congress may
upon the request of either House, as the rules of each validly delegate the initial determination of the
House shall provide, appear before and be heard by such authenticity and due execution of the certificates of
House on any matter pertaining to their departments. canvass to a Joint Congressional Committee,
Written questions shall be submitted to the President of composed of members of the House of
the Senate or the Speaker of the House of representatives and of the Senate
Representatives at least three days before their
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16. Power to propose amendments to the Constitution
[Secs. 1 and 2, Art
 b) Even after Congress has adjourned its regular
session, it may continue to perform this
constitutional duty of canvassing the presidential
and vicepresidential election results without need of
any call for a special session by the President. The
joint public session of both Houses of Congress
convened by express directive of Sec. 4, Article VII
of the Constitution to canvass the votes for and to
proclaim the newly-elected President and Vice
President has not, and cannot, adjourn sine die until
it has accomplished its constitutionally mandated
tasks. For only when a board of canvassers has
completed its functions is it rendered functus
officio [Pimentel v. Joint Committee of Congress,
G.R. No. 163783, June 22, 2004],

8. Power to call a special election for President and Vice


President [Sec. 10, Art. VII].

9. Power to judge President’s physical fitness to


discharge the functions of the Presidency [Sec. 11, Art.
THE EXECUTIVE DEPARTMENT
VII],

10. Power to revoke or extend suspension of the


President, Qualification
privilege of the writ of habeas corpus or declaration of - Natural-born citizen
martial law [Sec. 18, Art. VII]. - Registered voter
11. Power to concur in Presidential amnesties. - Able to read and write
Concurrence of majority of all the members of Congress - At least 40 years old on the day of the
[Sec. 19, Art. VII], election
12. Power to concur in treaties or international - A resident of the Philippines for at least
agreements. Concurrence of at least 2/3 of all the 10 years immediately preceding the
election
members of the Senate [Sec. 21, Art. VII]. See
Commissioner of Customs v. Eastern Sea Trading, 3 *in case two or more candidates shall have an
SCR A 351. equal and highest number of votes, one of
them shall be chosen by a majority vote of all
13. Power to confirm certain appointments/nominations members of Congress.
made by the President.
a) Nomination made by the President in the event of a Term of Office
vacancy in the Office of Vice President, from among the - 6 years, and no person who has
members of Congress, confirmed by amajority vote of succeeded as President and has served
all the Members of both Houses of Congress, voting as such for more than 4 years shall be
separately [Sec. 9, Art. VII qualified for election to the same office
at any time.
b) Nominations made by the President under Sec. 16,
Art. VII,confirmed by Commission on Appointments. Executive Privilege
- The right of the President and high-
14. Power of impeachment [Sec. 2, Art. XI]. level executive branch officials to
withhold information from Congress,
15. Power relative to natural resources [Sec. 2, Art. XII]. the courts and ultimately, the public.

Rule on Succession:
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Appointment
a. Vacancy at the beginning of the Term - Is the selection, by the authority vested
a. Death or permanent disability: with the power, of an individual who is
VP shall become president to exercise the functions of a given
b. President-elect fails to qualify: office
VP elect shall act as President Designation
until President-elect qualifies - The imposition of additional duties,
c. No President and VP: Senate usually by law, on a person already in
President, or Speaker of the public service
House until President is chosen Commission
and qualified, otherwise - The written evidence of the
Congress shall, by law, provide appointment
the manner of selection
Appointment, Classified
b. Vacancy during the Term 1. Permanent or Temporary
a. Death, Permanent Disability, 2. Regular or Ad Interim
Removal or Resignation: VP shall
become President
b. Death, Permanent Disability, Permanent Appointment
Removal or Resignation of - Are those extended to persons
President and VP; Senate possessing the requisite eligibility and
President or Speaker of the are thus protected by the constitutional
House shall become President guarantee of security of tenure
Elements of a Valid Resignation: Temporary Appointment
a. Intent to resign; - Are given to persons without such
b. Act of relinquishment eligibility, revocable at will and without
the necessity of just cause or a valid
Vice President, Qualification investigation
- Same as the President Regular Appointment
- No VP shall serve for more than 2 - Is one made by the President while the
successive terms Congress is in session, takes effect only
after confirmation by the Commission
Powers of the President on Appointments, and once approved,
1. Executive Power continues until the end of the term of
2. Power of Appointment the appointee
3. Power of Control Ad Interim Appointment
4. Military Powers - Is one made by the President while
5. Pardoning Power Congress is not in session, takes effect
6. Borrowing Powers immediately, but ceases to be valid if
7. Diplomatic Power disapproved by the Commission on
8. Budgetary Power Appointments or upon the next
9. Informing Power adjournment of Congress
10. Other Powers
Officials who are to be appointed by the
Executive Power President:
- The power to enforce and administer a. Heads of Executive Department
the law b. Ambassadors, other public ministers
- As the administrative head of the and consuls
government, the President is vested c. Officers of the Armed Forces from the
with the power to execute, administer rank of colonel or naval captain
and carry out laws into practical d. Those other officers whose
operation appointments are vested in him in the
- The specific grant of executive power is Constitution
not inclusive but is merely a limitation
upon the general grant of executive Control
power - Is the power of an officer to alter or
modify or nullify or set aside what a
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subordinate officer had done in the - Public act, courts Congress
performance of his duties and to take judicial notice - Private act, must be
substitute the judgment of the former pleaded and proved
for that of the latter - Looks backward and - Looks forward and
puts into oblivion the relieves the pardonee
offense itself of the consequences
Alter Ego Principle / Doctrine of Qualified of the offense
Political Agency

Commander-in-Chief Clause
- The President shall be the Commander-
in-Chief of all armed forces of the
JUDICIAL DEPARTMENT
Philippines
Judicial Power
- Includes the duty of the courts of
justice to settle actual case and
controversies involving rights which are
Calling-out Power
legally demandable and enforceable,
- The President may summon the armed
and to determine whether or not there
forces to aid her in suppressing lawless
has been a grave abuse of discretion
violence, invasion or rebellion
amounting to lack or excess of
jurisdiction on the part of any branch
Suspension of the Privilege of the Writ of
or instrumentality of the government
Habeas Corpus
a. Grounds: invasion or rebellion, when
Jurisdiction
public safety requires it
- Is defined as the power to hear and
b. Duration: not exceeding 60 days,
decide a case
following which it shall be lifted, unless
extended by Congress
Deliberative Process Privilege
c. Duty of the President to report
- The privilege against disclosure of
action to Congress: within 48 hours,
information or communication, to
personally or in writing
enable the members of the Courts to
“freely discuss the issues without fear
Limitations on Pardoning Power
of criticism for holding unpopular
a. Cannot be exercised in cases of
positions” or fear of humiliation for
impeachment
one’s comments
b. Cannot be granted in cases of violation
of election laws without the favorable
Constitutional Safeguards to Insure the
recommendation of the COMELEC
Independence of the Judiciary
c. Can be granted only after conviction by
1. The SC is a constitutional body; it may
final judgment
not be abolished by the legislature
d. Cannot be granted in cases of
2. The members of the SC are removable
legislative contempt
only by impeachment
e. Cannot absolve the convict of civil
3. The SC may not be deprived of its
liability
minimum original and appellate
f. Cannot restore public office forfeited
jurisdiction; appellate jurisdiction may
not be increased without its advice and
Classification of Pardon
concurrence
1. Absolute Pardon
4. The SC has administrative supervision
2. Conditional Pardon
over all inferior courts and personnel
5. The SC has the exclusive power to
Amnesty Pardon
discipline judges/justices of inferior
- Addressed to political - Infraction of peace of
offenses the state courts
- Classes of persons - Individuals 6. The members of the Judiciary have
- No need for distinct - Acceptance is security of tenure
acts of acceptance necessary 7. The members of the Judiciary may not
- Requires concurrence - Does not require be designated to any agency performing
of Congress concurrence of
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quasi-judicial or administrative discretion, in division of 3, 5 or 7
functions members. Any vacancy shall be filled
8. Salaries of judges may not be reduced; within 90 days from occurrence thereof
the Judiciary enjoys fiscal autonomy
9. The SC, alone, may initiate and Cases decided En Banc:
promulgate the Rules of Court - Constitutionality of a treaty
10. The SC, alone, may order temporary - International or executive agreement or
detail of judges law
11. The SC can appoint all officials and - Constitutionality, application or
employees of the Judiciary operation of Presidential Decrees,
Proclamations, orders, instructions,
Qualifications: ordinances and other regulation
- Of proven competence, integrity,
probity and independence *other cases or matters may be heard in
division, and decided or resolved with the
SC: concurrence of a majority of the members who
- Natural-born citizen actually took part in the deliberations on the
- At least 40 years old issues and voted thereon, but in no case
- 15 years or more a judge of a lower without the concurrence of at least 3 such
court or engaged in the practice of law members
in the Phils
*when the required number is not obtained,
Lower Collegiate Courts: the case shall be decided en banc
- Natural-born citizens
- Member of the Phil. Bar *no doctrine or principle of law laid down by
- But Congress may prescribe other the court in a decision rendered en banc or in
qualifications division may be modified or reversed except by
the court sitting en banc
Lower Courts:
- Citizen of the Phils Original Jurisdiction
- Member of the Phil. Bar a. Over cases affecting ambassadors,
- Congress may prescribe other other public ministers and consuls
qualifications b. Petition for certiorari, prohibition,
mandamus, quo warranto and habeas
Judicial and Bar Council corpus
1. Ex-officio Members
a. Chief Justice (Chairman) Appellate Jurisdiction
b. Secretary of Justice - Review, revise, reverse, modify, or
c. Representative of Congress affirm on appeal or certiorari as the law
2. Regular Members or Rules of Court may provide, final
a. Representative of the IBP judgment and orders of lower courts in:
b. Professor of Law a. Constitutionality or validity of any
c. Retired Justice of the SC treaty, international or executive
d. Representative of the Private agreement, law, presidential decree,
Sector proclamation, order, instruction,
3. Secretary Ex-Officio – Clerk of Court of ordinance or regulation
the SC b. Legality of an tax, impost, assessment
or toll, or any penalty imposed in
*the Constitution mandates that the JBC be relation thereto
composed of 7 members c. All cases in which the jurisdiction of
*regular members shall be appointed by the the lower court is in issue
President for a term of 4 years, with the d. All criminal cases in which the penalty
consent of the Commission on Appointments imposed is reclusion perpetua or higher
e. All cases in which only an error or
Supreme Court question of law involved
- A Chief Justice and 14 Associate
Justices. It may sit en banc or in its Writ of Amparo
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- Is a remedy available to any person - The SC shall have administrative
whose right to life, liberty and security supervision over all courts and
is violated or threatened with violation personnel thereof
by an unlawful act or omission of a
public official or employee, or of private Tenure of Judges/Justices
individual or entity - Justices may be removed only be
- Grants interim reliefs, which may impeachment
either be temporary protection order, - Judges shall hold office during good
inspection order, production order or a behavior until they reach the age of 70
witness protection order years or become incapacitated to
discharge the duties of their office
Writ of Habeas Data
- Is a remedy available to any person Sin Perjuico Judgment
whose right to privacy in life, liberty or - Is a judgment without a statement of
security is violated or threatened with the facts in support of its conclusion
violation by an unlawful act or
omission of a public official or
employee, or of private individual or
entity engaged in the gathering,
collecting or storing of data or
information regarding the person,
family, honor and correspondence of
the aggrieved party

Writ of Kalikasan
- Is a remedy available to natural or
juridical person, entity authorized by
law, people’s organization, non-
governmental organization, or any
public interest group accredited by or
registered with any government agency,
on behalf of persons whose
constitutional right to balanced and
healthful ecology is violated, or
threatened with violation by an
unlawful act or omission of a public
official or employee, or private
individual or entity, involving
environmental damage of such
magnitude as to prejudice the life,
health or property of inhabitants in two
or more cities or provinces

Writ of Continuing Mandamus

Strategic Lawsuit Against Public


Participation (SLAPP)
- A legal action filed to harass, vex, exert
undue pressure or stifle any legal
recourse that any person, institution or
the government has taken or may take
in the enforcement of environmental
laws, protection of the environment or
assertion of environmental rights

Power of Administrative Supervision

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