Professional Documents
Culture Documents
Political Law Reviewer
Political Law Reviewer
Political Law Reviewer
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.
Important distances with respect to the waters around the Philippines
1. Territorial sea
2. Contiguous zone
3. Exclusive economic zone -
1.
2.
3.
4.
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.
Classification of governments
1. De jure
2. De facto
1. De facto proper
a.
b.
c.
d.
1. Right of an alien to be released on bail while awaiting deportation when his failure to
leave the country is due to the fact that no country will accept him (Mejoff v. Director
of Prisons, 90 Phil. 70)
2. The right of a country to establish military commissions to try war criminals (Kuroda
v. Jalondoni, 83 Phil. 171)
3. The Vienna Convention on Road Signs and Signals (Agustin v. Edu, 88 SCRA 195)
Amity with all nations
This does not mean automatic diplomatic recognition of all nations.
recognition remains a matter of executive discretion.
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.
2.
While the right to a balanced and healthful ecology is found under the
declaration of Principle and State Policies and not under the Bill of Rights, it
does not follow that it is less important than any of the civil and political rights
enumerated in the latter. (Oposa v. Factoran)
The right to a balanced and healthful ecology carries with it the correlative
duty to refrain from impairing the environment. (Oposa v. Factoran)
SEC. 26. The State shall guarantee equal access to opportunities for public
service, and prohibit political dynasties as may be defined by law.
SEC. 27. The State shall maintain honesty and integrity in the public service and
take positive and effective measures against graft and corruption.
SEC. 28. Subject to reasonable conditions prescribed by law, the State adopts and
implements a policy of full public disclosure of all its transactions involving public
interest.
ARTICLE III BILL OF RIGHTS
Section 1. No person shall be deprived of life, liberty or property without due
process of law, nor shall any person be denied the equal protection of the laws.
BILL OF RIGHTS
The Bill of rights is a guarantee that there are certain areas of a persons
life, liberty and property which governmental power may not touch.
POLICE POWER
The power of promoting the public welfare by restraining and regulating
the use of liberty and property.
The power vested in the legislature by the constitution to make, ordain,
and establish all manner of wholesome and reasonable laws, statutes,
and ordinance, either with penalties or without, not repugnant to the
The power of the state to regulate liberty and property for the promotion
of the general welfare.
The persons acts and acquisitions are hemmed in the police power.
It is the most essential, insistent and the least limitable of powers,
extending as it does to all the great public needs.
Police power rests upon public necessity and upon the right of the state
and of the public to self protection.
Negatively, police power is defined as that inherent and plenary (full)
power in the State which enables it to prohibit all that is hurtful to the
comfort, safety, and welfare of society. (Ermita V Mayor of Manila)
-
public health
public safety
public morals
general welfare
The right to enjoy the faculties to which he has been endowed by his
Creator, subject only to such restraints as are necessary for the common
welfare.
The chief elements to the guarantee are the right to contract, the right to
choose ones employment, the right to labor and the right to locomotion.
Not only physical liberty but also intellectual liberty.
Right to property
Protected property include all kinds of property found in the Civil Code. It
has been deemed to include vested rights.
Example:
1. The right to labor, such that an employee may not be removed without
giving due process; and
2. The right to public office.
HEIRARCHY OF RIGHTS: PRIMACY OF HUMAN RIGHTS OVER PROPERTY
RIGHTS
The primacy of human rights over property rights are recognized.
Because these freedoms are delicate and vulnerable, as well as
supremely precious in our society and the threat of sanctions may deter
their exercise almost as potently as the actual application of sanctions,
they need breathing space to survive, permitting government regulation
only with narrow specificity.
Property and property rights can be lost through prescription; but human
rights are imprescriptible. If human rights are extinguished by the
passage of time, then the Bill of Rights us a useless attempt to limit the
power of government and ceases to be an efficacious shield against
tyranny of officials, of majorities, of the influential and powerful, and of
oligarchs.
Property is not a basic right. Property has an intimate relation with life and
liberty.
Protection of property was a primary object of the social compact and that
the absence of such protection could well lead to anarchy and tyranny.
Property is an important instrument
enhancement of personal dignity.
for
the
preservation
and
1. The right to a hearing, which includes the right to present ones case
and submit evidence in support thereof.
The tribunal must consider the evidence presented.
The decision must have something to support itself.
Evidence supporting the conclusion must be substantial.
The decision must be based on the evidence presented at the hearing
or at least contained in the record and disclosed to the parties
affected.
6. The tribunal or body or any of its judges must act on its or his own
independent consideration of the law and facts of the controversy,
and not simply accept the views of a subordinate in arriving at a
decision.
7. The board or body should, in all controversial questions, render its
decision in such a manner that the parties to the proceeding can know
the various issues involved and the reasons for the decision rendered.
2.
3.
4.
5.
Note:
1. What is required is not actual hearing, but a real opportunity to be heard.
2. The requirement of due process can be satisfied by subsequent due
hearing.
3. Violation of due process: when same person reviews his own decision on
appeal.
4. Notice and hearing are required in judicial and quasi-judicial proceedings,
but not in the promulgation of general rule.
For SCHOOL DISCIPLINARY proceedings: CODE: W A In A D P
2. The student shall have the right to answer the charges against him,
with the assistance of counsel if desired.
3. The student has the right to be informed of the evidence against him.
4. The student has the right to adduce evidence in his own behalf.
5. The evidence must be duly considered by the investigating committee
or official designated by the school authorities to hear and decide the
case.
6. The penalty imposed must be proportionate to the offense.
Note:
1. The school has a contractual obligation to afford its students a fair
opportunity to complete the course a student has enrolled for.
2. Exceptions:
3. Serious breach of discipline; or
2.
3.
4.
5.
6.
Note:
1. The right to counsel is a very basic requirement of substantive due
process and has to be observed even in administrative and quasi-judicial
bodies.
2. The right to appeal is a statutory privilege that may be exercised only in
the manner in accordance with law.
Requisites of SUBSTANTIVE due process: CODE: I M
2. The MEANS employed are necessary for the accomplishment of the purpose
and not unduly oppressive upon individuals.
Requirements of a valid ordinance:
1.
2.
3.
4.
5.
6.
CODE: SGEE
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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
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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.
Any money or property found upon his person which was used in the
commission of the offense or
ii.
Was the fruit thereof or
iii.
Which might furnish the prisoner with the means of committing
violence or escaping or
iv.
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.
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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.
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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.
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1. 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.
Requisites for government aid to be allowable:
1. It must have a secular legislative purpose;
2. It must have a primary effect that neither advances nor inhibits religion;
3. It must not require excessive entanglement with recipient institutions.
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
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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
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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.
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1)
2)
3)
4)
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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.
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C. The accused may waive the right to be present at the trial by not showing
up. However, the court can still compel the attendance of the accused if
necessary for identification purposes. EXCEPTION: If the accused, after
arraignment, has stipulated that he is indeed the person charged with the
offense and named in the information, and that any time a witness refers to a
name by which he is known, the witness is to be understood as referring to
him.
D. While the accused is entitled to be present during promulgation of
judgement, the absence of his counsel during such promulgation does not
affect its validity.
2. Right to counsel
(a) Right to counsel means the right to EFFECTIVE REPRESENTATION.
(b) If the accused appears at arraignment without counsel, the judge must:
(i) Inform the accused that he has a right to a counsel before
arraignment
(ii) Ask the accused if he desires the aid of counsel
(iii) If the accused desires counsel, but cannot afford one, a counsel
de oficio must be appointed
(iv) If the accused desires to obtain his own counsel, the court must
give him a reasonable time to get one.
3. Right to an impartial judge
4. Right of confrontation and cross-examination
5. Right to compulsory process to secure the attendance of witnesses
RIGHT TO BE INFORMED OF THE NATURE AND CAUSE OF ACCUSATION
AGAINST HIM
Purposes of the right:
1) To furnish the accused with a description of the charge against him as will enable
him to make his defenses
2) To avail himself of his conviction or acquittal against a further prosecution for the
same cause
3) To inform the court of the facts alleged.
If the information fails to allege the material elements of the offense, the accused cannot
be convicted thereof even if the prosecution is able to present evidence during the trial
with respect to such elements.
The real nature of the crime charged is determined from the recital of facts in the
information. It is not determined based on the caption or preamble thereof nor from the
specification of the provision of law allegedly violated.
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3.
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Acquittal
Conviction
Dismissal W/O the EXPRESS consent of the accused
Dismissal on the merits.
1) Exact identity between the offenses charged in the first and second cases.
2) One offense is an attempt to commit or a frustration of the other offense.
3) One offense is necessarily included or necessary includes the other.
Note: where a single act results in the violation of different laws or different provisions of
the same law, the prosecution for one will not bar the other so long as none of the
exceptions apply.
Definition of double jeopardy (2nd sentence of Sec. 21)
Double jeopardy will result if the act punishable under the law and the ordinance are the
same. For there to be double jeopardy, it is not necessary that the offense be the same.
SUPERVENING FACTS
1) Under the Rules of Court, a conviction for an offense will not bar a prosecution for an
offense which necessarily includes the offense charged in the former information
where:
A. The graver offense developed due to a supervening fact arising from the
same act or omission constituting the former charge.
B. The facts constituting the graver offense became known or were discovered
only after the filing of the former information.
C. The plea of guilty to the lesser offense was made without the consent of the
fiscal and the offended party.
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1)
2)
3)
4)
5)
CODE: CD18RR
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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.
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Term of Office
1. Each member of the House shall be elected for a term of three (3) years which shall
commence (unless otherwise provided for by law) at noon on 30 June next following
their election.
2. Voluntary renunciation of office for any length of time shall not be considered as an
interruption in the continuity of his service for the full term for which he was elected.
Term Limitations
No member of the House of Representatives shall serve for more than three (3)
consecutive terms.
Distinctions between Term and Tenure
1. Definition
a. Terms means the period during which the elected officer is legally authorized
to assume his office and exercise the powers thereof.
b. Tenure is the actual period during which such officer actually holds his
position.
2. Limitation/Possible Reduction
a. Term CANNOT be reduced.
b. Tenure MAY, by law, be limited. Thus, a provision which considers an
elective office automatically vacated when the holder thereof files a certificate
of candidacy for another elective office (except President and Vice-President)
is valid, as it only affects the officers tenure and NOT his constitutional term.
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(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.
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Since members of the executive department are co-equals with those of the
legislative department, under the principle of separations of powers, department
heads cannot be compelled to appear before Congress. Neither may the
department heads impose their appearance upon Congress.
2.
3.
Appropriation bills
Revenue bills
Tariff bills
Bills authorizing the increase of public debt
Bills of local application
Private bills
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2.
Thus, a bill introducing a new tax is a revenue bill, but a provision in, for instance,
the Videogram Regulatory Board law imposing a tax on video rentals does not make
the law a revenue bill.
f.
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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.
3. Exception: If a bill is certified as urgent by the President as to the necessity
of its immediate enactment to meet a public calamity or emergency, the 3
readings can be held on the same day.
4. First reading only the title is read; the bill is passed to the proper committee
Second reading Entire text is read and debates are held, and amendments
introduced.
Third reading only the title is read, no amendments are allowed. Vote shall
be taken immediately thereafter and the yeas and nays entered in the journal.
Veto power of President:
1. Every bill, in order to become a law, must be presented to and signed by the
President.
2. If the President does not approve of the bill, he shall veto the same and return it with
his objections to the House from which it originated. The House shall enter the
objections in the Journal and proceed to reconsider it.
3. The President must communicate his decision to veto within 30 days from the date
of receipt thereof. If he fails to do so, the bill shall become a law as if he signed it.
4. This rule eliminates the pocket veto whereby the President would simply refuse to
act on the bill.
5. To OVERRIDE the veto, at least 2/3 of ALL the members of each House must agree
to pass the bill. In such case, the veto is overriden and becomes a law without
need of presidential approval.
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ITEM
Subject of the tax and the tax rate imposed thereon
Indivisible sum dedicated to a stated purpose
d. Veto of RIDER
1. A rider is a provision which does not relate to a particular appropriation stated
in the bill.
2. Since it is an invalid provision under Section 25(2), the President may veto it
as an item.
Specific limitations on legislation
1. No law shall be enacted increasing the Supreme Courts appellate jurisdiction
without the SCs advice and concurrence.
2. No law shall be enacted granting titles of royalty or nobility.
Section 28. POWER TO TAX
Limitations:
1)
2)
3)
4)
Charitable institutions
Churches, and parsonages or convents appurtenant thereto
Mosques
Non-profit cemeteries; and
All lands, buildings and improvements actually, directly and exclusively used
for religious, charitable, or educational purposes.
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Note: The Vice-President has the same qualifications & term of office as the President.
He is elected with & in the same manner as the President. He may be removed from
office in the same manner as the President.
Section 4. MANNER OF ELECTION/ TERM OF OFFICE
Manner of Election
1) The President and Vice-President shall be elected by direct vote of the people.
2) Election returns for President and Vice-President, as duly certified by the proper
Board of Canvassers shall be forwarded to Congress, directed to the Senate
President.
3) Not later than 30 days after the day of the election, the certificates shall be opened in
the presence of both houses of Congress, assembled in joint public session.
4) The Congress, after determining the authenticity and due execution of the
certificates, shall canvass the votes.
5) The person receiving the highest number of votes shall be proclaimed elected.
6) In case of a tie between 2 or more candidates, one shall be chosen by a majority of
ALL the members of both Houses, voting separately. In case this results in a
deadlock, the Senate President shall be the acting President until the deadlock is
broken.
7) The Supreme Court en banc shall act as the sole judge over all contests relating to
the election, returns, and qualifications of the President or Vice-President and may
promulgate its rules for the purpose.
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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.
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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
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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.
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N.B. President also appoints members of the Supreme Court and judges of
the lower courts, but these appointments do not need CA confirmation.
5) All other officers whose appointments are not otherwise provided for by law; and
those whom he may be authorized by law to appoint.
a) This includes the Chairman and members of the Commission on Human
Rights, whose appointments are provided for by law NOT by the
Constitution.
b) Congress may, by law, vest the appointment of other officers lower in rank in
the President alone or in the courts, or in the heads of departments,
agencies, boards or commissions.
c)
d)
Procedure:
1) CA confirmation needed:
a)
b)
c)
d)
Nomination by President
Confirmation by CA
Appointment by President; and
Acceptance by appointee.
Note: At any time before all four steps have been complied with, the President can
withdraw the nomination/appointment.
2) No CA confirmation:
a) Appointment; and
b) Acceptance.
Note: Once appointee accepts, President can no longer withdraw the appointment.
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PARDON
Addressed to ORDINARY offenses
Granted to INDIVIDUALS
Must be accepted
No need for Congressional concurrence
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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.
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En banc; or
Divisions of 3, 5, or 7.
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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]
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branches,
subdivisions,
instrumentalities,
agencies of the government,
including GOCCs with original charters.
1."With Original Charter" means that the GOCC was created by special
law/by Congress
2. If incorporated under the Corporation Code, it does not fall within the
Civil Service, and is not subject to the CSC jurisdiction.
3. Even if once government-controlled, then becomes privatized, ceases
to fall under CSC.
4. Jurisdiction is determined as of the time of filing the complaint.
b) Primarily confidential -
c) Highly technical
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Non-Career Service
1. Entrance on bases OTHER than usual
tests of merit and fitness.
2. Tenure limited to:
a) Period specified by law,
b) Coterminous with the appointing
authority or subject to his pleasure,
or
c) Limited to the duration of a
particular project for which purpose
the employment was made.
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Note:
1) The functions of COA can be classified as:
A.
B.
C.
D.
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Provinces
Cities;
Municipalities; and
Barangays
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Historical heritage
Cultural heritage
Economic and social structures,
Other relevant characteristics within:
A. The framework of the consititution
B. National sovereignty
C. Territorial integrity.
Creation:
1) Provided by law.
2) EFFECTIVITY of such creation occurs only when it is approved by a majority of the
votes cast in a plebiscite held among the constituent units.
3) Only those Provinces, Cities, and Geographical Areas voting favorably in such
plebiscite shall form part of the autonomous region.
4) If only 1 province approved the law, NO AUTONOMOUS REGION created, since the
constitution requires more than one province to constitute one (like what happened in
the Cordillera plebiscite)
5) The question of which LGUs shall constitute an autonomous region is one which is
exclusively for Congress to decide.
Section 16. GENERAL SUPERVISION OVER AUTONOMOUS REGIONS
By Whom:
The President
Purpose:
To ensure that the laws are faithfully executed.
SEC. 17.
All powers, functions and responsibilities not granted by this
Constitution or by law to the autonomous region shall be vested in the National
Government.
Examples:
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.
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5.)
6.)
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
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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
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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
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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
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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
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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.
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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.
CARL as an exercise of police power and power of eminent domain
To the extent that the law prescribes retention limits for landowners, there is an
exercise of police power. But where it becomes necessary to deprive owners of their
land in excess of the maximum allowed there is compensable taking and therefore
the exercise of eminent domain.
Reach of agrarian reform
It extends not only to private agricultural lands, but also to other natural resources,
even including the use and enjoyment of communal marine and fishing resources
and offshore fishing grounds.
The Commission on Human Rights
Composition:
1) Chairman; and
2) 4 members
Qualifications:
1)
2)
3)
4)
5)
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