Philippine Constitution

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PHILIPPINE CONSTITUTION – FINAL TERM Formatted: Left: 0.5", Right: 0.5", Top: 0.

5", Bottom:
0.5"
THE LEGISLATURE is an assembly of elected representatives in the branch of government,
which has the power of preparation and enactment of laws.
1. The Legislative branch is the part of government that is vested with Formatted: Bulleted + Level: 1 + Aligned at: 0.25" +
legislative power or the power to make laws. Tab after: 0.5" + Indent at: 0.5"
2. The legislative power is vested in a bicameral body, the
Congress of the Philippines, which is composed of two houses -- the
Senate and the House Representatives.
3. The Congress of the Philippines is the country's highest
lawmaking body.
Bills are proposed draft of statute reduced into writing before it becomes a law.
PASSAGE OF BILLS 1. First Reading Formatted: Numbered + Level: 1 + Numbering Style:
- filed in the proper office, labeled, numbered and reproduced. 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at:
- During the first reading, Secretary General reads the title and number of 0.25" + Indent at: 0.5", Tab stops: Not at 0.5"
the bill.
- Speaker of the House refers the bills to proper committee.
1.2. Second Reading Formatted: Numbered + Level: 1 + Numbering Style:
– the Bill endorsed by the committee or introduced by the Congressmen 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at:
themselves in the legislative session hall. 0.25" + Indent at: 0.5", Tab stops: Not at 0.5"
- Congressmen vote on the second reading
- if given approval, the bill entered into a calendar for third reading.
1.3. Third Reading Formatted: Numbered + Level: 1 + Numbering Style:
– the Sec General reads only the number and the title of the bill. Followed 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at:
by roll call, at this instant, no changes on the bill is allowed. 0.25" + Indent at: 0.5", Tab stops: Not at 0.5"
- Majority of vote required.
- The Approved Bill is forwarded to the Upper House
- Senate members deliberate the bill in similar procedures.
1.4. President’s Action to the Bill Formatted: Numbered + Level: 1 + Numbering Style:
– If the President signs the bill, the bill completely becomes a law and 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at:
assigned Republic Act. 0.25" + Indent at: 0.5", Tab stops: Not at 0.5"
- If President vetoes the bill, it is returned back to lower house.
-If the law-making assembly resolves to overrule the veto.
- two-thirds majority votes, the bills become a law.
Permanent or Standing small bodies in both houses to which measures are adverted to for action.
Committees
Congress the Legislative Branch of government in the Philippines
SECTION I The Legislative power shall be vested in the Congress of the Philippines Formatted: Bulleted + Level: 1 + Aligned at: 0.25" +
which shall consists of a Senate and a House of Representatives, except to Tab after: 0.5" + Indent at: 0.5"
the extent reserved to the people by the provision on initiative and Formatted: Bulleted + Level: 1 + Aligned at: 0.25" +
referendum. Tab after: 0.5" + Indent at: 0.5"
The Legislative Branch  lex, legis (law)
Formatted: Bulleted + Level: 1 + Aligned at: 0.25" +
 The legislative branch broadly deals with the making, deliberation Tab after: 0.5" + Indent at: 0.5"
over, enactment, amendment and repealing of laws
Unicameral The legislative branch consists of one chamber/house Formatted: Bulleted + Level: 1 + Aligned at: 0.25" +
Tab after: 0.5" + Indent at: 0.5"
Bicameral Legislative power is vested in two chambers/houses
SENATE Formatted: Bulleted + Level: 1 + Aligned at: 0.25" +
Composition  24 Senators elected at large Tab after: 0.5" + Indent at: 0.5"
Qualifications  Natural-born citizen Formatted: Bulleted + Level: 1 + Aligned at: 0.25" +
 At least 35 years old on election day Tab after: 0.5" + Indent at: 0.5"
 Literate (can read and write) Formatted: Bulleted + Level: 1 + Aligned at: 0.25" +
 Registered voter Tab after: 0.5" + Indent at: 0.5"
 Philippine resident for 2 years prior to election day Formatted: Bulleted + Level: 1 + Aligned at: 0.25" +
Term of Office  6 years Tab after: 0.5" + Indent at: 0.5"
 Maximum: 2 terms
Formatted: Bulleted + Level: 1 + Aligned at: 0.25" +
HOUSE OF REPRESENTATIVES
Tab after: 0.5" + Indent at: 0.5"
Composition  200 district reps, 50 party list Formatted: Bulleted + Level: 1 + Aligned at: 0.25" +
Qualifications 1. Natural-born citizen Tab after: 0.5" + Indent at: 0.5"
1. At least 25 years old on election day Formatted: Bulleted + Level: 1 + Aligned at: 0.25" +
 Literate (can read and write) Tab after: 0.5" + Indent at: 0.5"
 Registered voter of the district Formatted: Bulleted + Level: 1 + Aligned at: 0.25" +
 District resident for 1 year prior to election day Tab after: 0.5" + Indent at: 0.5"
Term of Office  3 years
Formatted: Bulleted + Level: 1 + Aligned at: 0.25" +
 Maximum: 3 terms
Tab after: 0.5" + Indent at: 0.5"
In Case of Vacancy 1. Vacancy can be filled through regular election
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1. Special elections can be called for the purpose of filling the vacancy
Tab after: 0.5" + Indent at: 0.5"
 In either circumstance, the one elected merely sits for the unexpired
term Formatted: Bulleted + Level: 1 + Aligned at: 0.25" +
Parliamentary Privileges Congressmen have two parliamentary privileges while Congress is in Tab after: 0.5" + Indent at: 0.5"
session: Formatted: Bulleted + Level: 1 + Aligned at: 0.25" +
1. Privilege from arrest Tab after: 0.5" + Indent at: 0.5"
 Immunity from offenses punishable by not more than six
Formatted: Bulleted + Level: 1 + Aligned at: 0.25" +
years imprisonment Tab after: 0.5" + Indent at: 0.5"
2. Privilege of speech and debate
 Immunity from libel and slander Formatted: Bulleted + Level: 1 + Aligned at: 0.25" +
Tab after: 0.5" + Indent at: 0.5"
Transparency Elected Congressmen must: Formatted: Bulleted + Level: 1 + Aligned at: 0.25" +
1. Fully disclose their financial and business interests Tab after: 0.5" + Indent at: 0.5"
2. Disclose potential conflicts of interests that arise in the Formatted: Bulleted + Level: 1 + Aligned at: 0.25" +
course of legislation Tab after: 0.5" + Indent at: 0.5"
3. Keep from any other office or employment (appointed or
otherwise), forfeit his/her seat to do so Formatted: Numbered + Level: 1 + Numbering Style:
1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at:
Structure and Dynamics - Senate President and House Speaker elected by majority vote
0.25" + Tab after: 0.5" + Indent at: 0.5"
- Other officers, procedures and the discipline of its members is at the
discretion of each house Formatted: Bulleted + Level: 2 + Aligned at: 0.75" +
- Quorum: Majority Tab after: 1" + Indent at: 1"
- Each House maintains a journal and record of proceedings Formatted: Numbered + Level: 1 + Numbering Style:
- Neither House can adjourn without the other’s consent while in 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at:
session 0.25" + Tab after: 0.5" + Indent at: 0.5"
Powers of Congress 1. Appointment of Public Officials Formatted: Bulleted + Level: 2 + Aligned at: 0.75" +
2. Legislative inquiry and investigation Tab after: 1" + Indent at: 1"
3. Declare the existence of a state of war Formatted: Numbered + Level: 1 + Numbering Style:
4. Ratify the country’s international treaties (Senate) 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at:
5. Authorize limited emergency powers for the President 0.25" + Tab after: 0.5" + Indent at: 0.5"
6. Approve the government budget Formatted: Bulleted + Level: 1 + Aligned at: 0.25" +
7. Undertake projects under the CDF Tab after: 0.5" + Indent at: 0.5"
8. Propose, review, and adopt bills for enactment into law
Formatted: Bulleted + Level: 1 + Aligned at: 0.25" +
9. Overturn a Presidential veto with respect to proposed legislation Tab after: 0.5" + Indent at: 0.5"
10. Allow for referenda
Formatted: Bulleted + Level: 1 + Aligned at: 0.25" +
11. Propose amendments to the constitution and call for a constitutional
Tab after: 0.5" + Indent at: 0.5"
convention
Legislative Limitations Congress may not: Formatted: Bulleted + Level: 1 + Aligned at: 0.25" +
1. Increase appropriations recommended by the executive branch Tab after: 0.5" + Indent at: 0.5"
2. Pass tax exemptions without the concurrence of a majority of Formatted: Bulleted + Level: 1 + Aligned at: 0.25" +
its members Tab after: 0.5" + Indent at: 0.5"
3. Grant titles of nobility
Formatted: Numbered + Level: 1 + Numbering Style:
4. Pass ex post facto bills
1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at:
5. Pass bills of attainder (Congress cannot make a legislative act
0.25" + Tab after: 0.5" + Indent at: 0.5"
which inflicts punishment without judicial trial.)
THE EXECUTIVE DEPARTMENT Formatted ...
Sec. 1 The executive power shall be vested in the President of the Philippines
THE EXECUTIVE Under the doctrine of separation of powers, the executive is co-ordinate, co-
equal and co-important branch of the government with the legislative body
and judiciary.
In actual practice, however, the source of political leadership is the
executive. This is true in both democracies and dictatorships.
THE EXECUTIVE POWER Has been defined as the power to administer the laws, which means
carrying them into practical operation and enforcing their due observance.
The President of the The 1987 Constitution vests the executive power to the President of the
Philippines Philippines, who functions as the
 Head of State Formatted: Bulleted + Level: 1 + Aligned at: 0.25" +
 Head of Government Tab after: 0.5" + Indent at: 0.5"
 Commander-in-Chief of the Armed Forces of the Philippines.
As Chief Executive, the President of the Philippines exercises control over
all the executive departments, bureaus, and offices
Sec. 2 Qualifications of the President and Vice President
President of the  Natural born Filipino Formatted: Bulleted + Level: 2 + Aligned at: 0.75" +
Philippines and  A registered voter Tab after: 1" + Indent at: 1"
Vice President of the  Must be able to read and write
Philippines  40 years of age at the day of the election
 Must have resided in the Philippines ten years before
the election is held
The Vice-President of the Executive Function: The Vice President is mandated to ensure that laws
Philippines are faithfully executed.
Ceremonial Function: The Vice President performs ceremonial
functions through meetings with representatives of foreign governments.
He represents the Philippine government in official gatherings and receives
foreign dignitaries, ambassadors, foreign investors, and other foreign
officials.
The Vice President  1. the position of the President has not yet been chosen, until Formatted: Bulleted + Level: 1 + Aligned at: 0.25" +
assumes the duties and such has been chosen and qualified; Tab after: 0.5" + Indent at: 0.5"
responsibilities of the  2. the President has died or became permanently disabled,
President and will serve the unexpired term; and/or
 3. the Members of the Cabinet submits to the Senate
President and the House Speaker a written declaration that the
President is unable to effect his responsibilities and duties.
 The Vice President may concurrently assume a cabinet
position should the President of the Philippines offer him one. The
Vice President will become a Secretary concurrent to his position of
Vice President.
The Cabinet They act as the alter ego of the President executing, with his authority, the
power of the Office of the President in their respective departments.
The Cabinet secretaries are tasked to advise the President on the different
affairs of the state like:
1. Budget Formatted: Bulleted + Level: 1 + Aligned at: 0.25" +
2. Agriculture Tab after: 0.5" + Indent at: 0.5"
3. Finance,
4. Education
5. social welfare
6. national defense
7. foreign affairs,
8. and the like.
Sec. 5 Before they enter on the execution of their office, the President, the Vice-
President, or the Acting President shall take the following oath or
affirmation: “I do solemnly swear that I will faithfully and conscientiously
fulfill my duties as President (VP or Acting Pres.) of the Philippines,
preserve and defend its Constitution, execute its laws, do justice to every
man, and consecrate myself to the service of the Nation. So, help me God.”
Sec. 6 The President shall have an official residence. The salaries of the President
and Vice-President shall be determined by law and shall not be decreased
during their tenure.
Powers: The President of 1. Execute the Laws of the Land
the Philippines - Supervise and direct the administration of laws.
2. Power of control over the Executive Branch
The President of the Philippines has the mandate of control over all the
executive departments, bureaus, and offices. This includes restructuring,
reconfiguring, and appointments of their respective officials. The
Administrative Code also provides for the President to be responsible for
the above-mentioned offices strict implementation of laws.
3. Appointment and Approval
- The power to appoint is basically an executive privilege implying the Formatted: Bulleted + Level: 1 + Aligned at: 0.25" +
exercise of judging wisely and objectively. Tab after: 0.5" + Indent at: 0.5"
4. Military Power
- 1987 Philippine Constitution specifies two grounds on which the Formatted: Bulleted + Level: 1 + Aligned at: 0.25" +
President may declare Martial Law or suspend the writ of habeas Tab after: 0.5" + Indent at: 0.5"
corpus (1. Invasion 2. Rebellion).
5. Pardoning Power
- Constitutionally vested in the Chief executive Formatted: Bulleted + Level: 1 + Aligned at: 0.25" +
- Postponement of the sentence for a time. Tab after: 0.5" + Indent at: 0.5"
6. Diplomatic Power
The partnership between our countries became particularly visible in the
German support for the victims of Typhoon Yolanda. The German
Government and the German people stood by the Philippines and the
Philippine people when the Typhoon hit. Despite the geographical distance
between our countries, help from Germany was among the first which
arrived in the Philippines. German people were shocked by the level of
destruction and devastation which they saw through the media, they felt for
the Filipinos hit by the disaster - and they helped. Today more than 176
million EUR have been provided from Germany for Typhoon Yolanda
victims out of which more than 144 million EUR have been donated by
German civil society.
Martial Law is a state existing when military authorities administered government or
exercise control over civilians in domestic territory
Pardon is a power of the executive to grant freedom to a convicted person.
Reprieve is a power of executive to suspend a death sentence.
Commutation is the executive’s prerogative to reduce a death sentence to life
imprisonment
Parole is a conditional acquaintance from imprisonment that entitles the person
receiving it to serve the remainder of the term outside the prison.
Amnesty is the grant of pardon by the executive with the occurrence of the legislature
to a group of person who have committed political crimes against the state.
Legislative Power and 1.- In both Presidential and Parliamentary governments, the executive Formatted: Bulleted + Level: 1 + Aligned at: 0.25" +
Functions of Executive is involved in legislative process. Tab after: 0.5" + Indent at: 0.5"
2.- SONA is required to deliver in the members of legislature during its
opening session.
3.- The Power to Veto a bill/law.
Power to Contract Loan The President may contract or guarantee foreign loans in behalf of the
Republic of the Philippines with agreement of the Monetary Board.
1.- The ADB was founded in 1966 and now has 67 members. It’s one of Formatted: Bulleted + Level: 1 + Aligned at: 0.25" +
the global financial institutions set up by the industrial powers to Tab after: 0.5" + Indent at: 0.5"
fund their programs and projects in backward countries. Together
with the International Monetary Fund (IMF), the World Bank and
other IFIs, the ADB bankrolled numerous restructuring efforts that
aim to liberalize, deregulate and privatize the economies of many
countries in the Asia Pacific. These reforms have been implemented
through huge and burdensome debts.
2.- The Japanese government has provided the Philippines with P4.63-
billion through Japan International Cooperation Agency (JICA)
ODA STEP Loan for the construction of Palao Airport in Bohol. The
remaining P2.6 billion will be funded by the Government of the
Philippines (GOP).
Diplomatic In international law, the conduct of diplomatic power or relations with other
Power states is clad formally in the Sovereign Head of State
Prerogative to address The President shall address the Congress at the opening of its regular
and session. He may also appear before it at any other time.
appear before Congress
Types of Executive 1. Single Executive
- Single executives are in themselves chief executives to whom others are
subordinate.
- they perform both ceremonial and governmental functions.
2. Titular Executive
- The decline in the power and influence of monarchy forced many
monarchs play minor roles in the functions of state. Most of them were
deprived of political authority.
-Perform only ceremonial functions
- Monarchs are called titular executives.
- Acts as symbolic heads of the states
3. Real Executive
- Executes governmental functions such as the act of enforcing the law and
to administrate the social, political, and economic affairs of the state.
- Actual Head of the State
4. Collegial Executive
- Executive power is in a group of leaders who are collectively responsible in
the operation of the government.
- Exist in parliamentary states.
- Prime Ministerial Government
Composition 1. The President Formatted: Bulleted + Level: 1 + Aligned at: 0.25" +
2. The Vice President Tab after: 0.5" + Indent at: 0.5"
3. The Cabinet
Qualifications 1. Cabinet Secretaries are appointed by the President. Members of the Formatted: Bulleted + Level: 1 + Aligned at: 0.25" +
President’s Cabinet are people trusted by the President and who Tab after: 0.5" + Indent at: 0.5"
have his confidence in their qualities and abilities to run and manage
the department where they are appointed.
2. They are nominated by the President and then presented to
the Commission on Appointments for confirmation or rejection. If
the presidential appointees are approved, they are sworn into office,
receive the title “Secretary”, and begin to function their duties.
Not all Cabinet members, however, are subject to confirmation of the
Commission on Appointments. According to the Commission of
Appointments website, the following need confirmation in order to
assume their posts:
1.Executive Secretary
2.Secretary of Agrarian Reform
3.Secretary of Agriculture
4.Secretary of Budget and Management
5.Secretary of Education
6.Secretary of Energy
7.Secretary of Environment and Natural Resources
8.Secretary of Finance
9.Secretary of Foreign Affairs
10. Secretary of Health
11. Secretary of Justice
12. Secretary of Labor and Employment
13. Secretary of National Defense
14. Secretary of Public Works and Highways
15. Secretary of Science and Technology
16. Secretary of Social Welfare and Development
17. Secretary of the Interior and Local Government
18. Secretary of Trade and Industry
19. Secretary of Transportation and Communications
20. Secretary of Tourism
21. Commission on Higher Education
21. Director General of the National Economic and Development
Authority
Judicial Branch In a democracy, the judiciary is the final bulwark of liberty.
1. It protects the poor and the weak against oppression by the wealthy Formatted: Bulleted + Level: 1 + Aligned at: 0.25" +
and the influential. Tab after: 0.5" + Indent at: 0.5"
2. It protects the right to life, property, and the pursuit of happiness
against the tyranny of violence, or abusive power, or unscrupulous
ambitions.
Court of Appeals - a court authorized to hear appeals from the lower courts are heard
- to look into whether a miscarriage of justice committed in the judgment of
trial court.
Regional Trial Court a court of general jurisdiction brought into existence and instituted in all
regions of the country.
Metropolitan Trial – lower courts that determine violation of city and municipal ordinances.
Court/Municipal Trial
Court
Shari’a District Court – Shari’a court chiefly refer to family duties and relation of Filipino Muslim.

Court of Tax Appeal – is a special court to review on appeal decisions held by the Commission of
Customs and the Commissioner of Internal Revenue.
Sandigan Bayan Hears disputes involving graft and corruption practices against
government officials and employees.
Composition 1. The Supreme Court Formatted: Bulleted + Level: 1 + Aligned at: 0.25" +
1. Chief Justice Tab after: 0.5" + Indent at: 0.5"
2. 14 Associate Justices
Formatted: Bulleted + Level: 1 + Aligned at: 0.25" +
1. The Lower Courts
Tab after: 0.5" + Indent at: 0.5"
1. Court of Appeals – divided into 17 divisions
2. Court of Tax Appeals Formatted: Bulleted + Level: 1 + Aligned at: 0.25" +
3. Local and Regional Trial Courts Tab after: 0.5" + Indent at: 0.5"
4. Metropolitan Trial Courts Formatted: Bulleted + Level: 1 + Aligned at: 0.25" +
5. Sharia Courts (Islamic Law) Tab after: 0.5" + Indent at: 0.5"
6. The Sandigan bayan
7. The Office of the Ombudsman.
Function It has the primary job of applying and interpreting the laws to resolve
conflicts (between and among citizens, between the state and the citizens,
between different institutions, whether specific law is constitutional.
Qualification The Supreme Court is the highest tribunal in the Philippines. The following
are the qualifications to become a member of the Supreme Court:
1. Natural-born citizen of the Philippines Formatted: Bulleted + Level: 1 + Aligned at: 0.25" +
2. at least 40 years of age Tab after: 0.5" + Indent at: 0.5"
3. Must have been a judge of a lower court or engaged
in the practice of law in the Philippines for fifteen years or
more
4. A person of proven competence, integrity, probity
and independence.
Powers The Judicial power includes the authority of the courts to hear and settle
disputes. Such disputes may involve conflicts between or among private
persons. They may also be between private citizens and the government or
between one agency of the government and other.
The Supreme Court has the following powers:
1. Review, revise, reverse, modify, or affirm on appeal or certiorari, as Formatted: Bulleted + Level: 1 + Aligned at: 0.25" +
the law or the Rules of Court may provide, final judgments and Tab after: 0.5" + Indent at: 0.5"
orders of lower courts in:
2. All cases in which the constitutionality or validity of any
treaty, international or executive agreement, law, presidential
decree, proclamation, order, instruction, ordinance, or regulation is
in question.
3. All cases involving the legality of any tax, impost, assessment,
or toll, or any penalty imposed in relation thereto.
4. All cases in which the jurisdiction of any lower court is in
issue.
5. All criminal cases in which the penalty imposed is reclusion
Perpetua or higher.
6. All cases in which only an error or question of law is
involved.
7. Assign temporarily judges of lower courts to other stations as
public interest may require. Such temporary assignment shall not
exceed six months without the consent of the judge concerned.
8. Order a change of venue or place of trial to avoid a
miscarriage of justice.
9. Appoint all officials and employees of the Judiciary in
accordance with the Civil Service Law.
10. The Supreme Court shall have administrative supervision
over all courts and the personnel thereof.
Certiorari -is writ issued from superior court to one of inferior jurisdiction, compelling
the latter to attest and deliver to the former the record in a particular case.
- Writ is issued to inspect or review the legal proceedings and find out
whether there have been any irregularities, or with grave abuse of
discretion.
Mandamus -is an order issued from a court to an official obligating the manner of
functioning of a ministerial act that the law cognizant of as a pure duty.
- It is an unusual remedy in the sense that it is used only when all other
judicial remedies have failed or are not sufficient.
Writ of Habeas Corpus -has varied use in criminal and civil circumstances. It is a process for
securing a judicial determination of the quality of being legal or lawful of an
individual’s custody.
- The individual confined has the right to obtain a writ of habeas corpus as
protection as protection against illegal imprisonment.
Review a judicial reexamination of legal action. (Reconsideration by the same
court).
Affirm judicial asseveration that the decision of the lower court is correct and
should stand.
Reversal is the altering to the opposite the judgment of the lower court, making void
of the judgement.
Modify is judicial power to make modifications or adjustments of the decision of the
lower court.
Presidential If the head of state of a republic is also the head of government, this is called
a presidential system.
Parliamentary A parliamentary republic or parliamentary constitutional republic is a type
of republic which operates under a parliamentary system of government (a
system with no clear-cut separation between the executive and legislative
branches, but with a clear differentiation between the head of government
and the head of state, the head of state usually does not have broad
executive powers as an executive president would, because many of those
powers have been granted to a head of government (usually called a prime
minister).
Vote of Confidence Can be called at any time and majority vote can unseat the existing cabinet.
This requires that a new government be formed
Advantages of 1. Unified government Formatted: Bulleted + Level: 1 + Aligned at: 0.25" +
Parliamentary Systems 2. No veto power and typically no judicial review Indent at: 0.5", Tab stops: Not at 0.5"
3. Clear lines of responsibility
Disadvantages of 4. Limited Separation of Powers Formatted: Bulleted + Level: 1 + Aligned at: 0.25" +
Parliamentary Systems 5. Judicial Review and veto power can prevent bad legislation Indent at: 0.5", Tab stops: Not at 0.5"
6. Minority parties and rights can be trampled
In absence of a majority government, instability can be constant
Presidential Systems The key distinction is the Separation of Powers
Doctrine of Checks and Balances
Strengths Power is more equally spread instead of voting a person, the people are
voting for the person’s platform/ideas
Ethnically, racially or ideologically divided countries since power is more
divided among all the 150+ members of government
Prime minister can be removed at any time
Weaknesses The head of government is not directly elected by people. Instead they are
elected by strongest party of parliament
There is no real check of legislative power because no body can veto the
legislation passes by the parliament
SUFFRAGE It is a right and obligation to vote of qualified citizens in the election of
certain national and local officers of the government and in the decision of
public questions submitted to the people.
SECTION 1 Suffrage may be exercised by all citizens of the Philippines not otherwise
disqualified by law, who are at least eighteen years of age, and who shall
have resided in the Philippines for at least one year and in the place where
they propose to vote for at least six months immediately preceding the
election. No literacy, property, or other substantive requirement shall be
imposed on the exercise of suffrage.
PERSONS 1. Any person who has been sentenced by final judgment to suffer Formatted: Numbered + Level: 1 + Numbering Style:
DISQUALIFIED TO VOTE imprisonment for not less than one (1) year, such disability not 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at:
having removed by plenary pardon or granted amnesty. But such 0.25" + Tab after: 0.5" + Indent at: 0.5"
person shall automatically reacquire the right to vote upon
expiration of 5 years after service of sentence.
1.2. Any person who has been adjudged by final judgment by competent
court or tribunal of having committed any crime involving disloyalty
to duly constituted government such as rebellion, sedition, violation
of the anti-subversion and fire-arms laws or any crime against
national security unless restored to his full civil and political rights
in accordance with law. Such person shall likewise automatically
regain his right to vote upon expiration of five (5) years after service
of sentence
1.3. Insane or incompetent persons as declared by competent authority.
Election It is the means by which the people choose their officials for definite and
fixed periods and to whom they entrust, for the time being as their
representatives, the exercise the powers of government;
Plebiscite It is the name given to a vote of the people expressing their choice for or
against a proposed law or enactment submitted to them. The term also
applied to an election at which any proposed amendment to, or revision of,
the Constitution is submitted to the people for their ratification. A plebiscite
is also required by the Constitution to secure the approval of the people
directly affected before certain proposed changes affecting local government
units may be implemented.
REFERENDUM It is the submission of the law or part thereof passed by the national or local
legislative body to the voting citizens of a country for their ratification or
rejection
INITIATIVE It is the process whereby the people directly propose and enact laws
RECALL It is a method by which a public officer may be removed from office during
his tenure or before the expiration of his term by a vote of the people after
registration of a petition signed by a required percentage of the qualified
voters
REQUISITES OF 1.1) Actual case or controversy Formatted: Numbered + Level: 1 + Numbering Style:
JUDICIAL INQUIRY 1.2)Proper party 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at:
1.3)Raised at the earliest possible opportunity 0.25" + Indent at: 0.5", Tab stops: Not at 0.5"
1.4) Decision of Constitutionality is necessary to the
determination of the case.
TARIFF 4 – IMPORT TAXATION
Automobile Any four or more wheeled motor vehicle regardless of seating capacity, Formatted Table
which is propelled by gasoline, diesel, electricity or any other motive
power.
Truck/cargo van A motor vehicle of any configuration that is exclusively designed for the
carriage of goods and with any number of wheels and axles.
Jeep Shall mean as “Philippine jeep or jeepney” which are of the jitney type
locally designed and manufactured generally from surplus parts and
components.
Bus A motor vehicle of any configuration with gross vehicle weight of 4 tons
or more with any number of wheels and axles, which is generally
accepted and specially designed for mass or public transportation.
Single cab chassis A motor vehicle with complete engine power train and chassis equipped
with a cab that has a maximum of two doors and only one row of seats.
Special purpose vehicle A motor vehicle designed for specific applications such as cement mixer,
fire truck and etc.
Total Landed Value Market value of the motor vehicle as indicated in the motor vehicle
reference books.
Completely Build Up The vehicles imported in completely assembled form and ready for use
by the consumers.
Semi-knock Down The parts and components for assembly purposes are imported in
partially assembled condition.
Completely Knocked The parts and components for assembly purposes are imported in
Down disassembled condition.
Branded New -current or advance year model in country of origin
Automobile -not more than 200 kms or 125 miles
-acquired by importer from car dealer as first owner
Importer’s Sworn Refers to duly notarized document showing the net importer’s selling
Statement (ISS) price of the imported brand-new automobile duly filed by car
manufacturers or car dealers.
Brand New Automobile CUV+ INS+ FRT = DV$ x ER= DVP x RD = CUD
Consigned to Car (DV, CUD, BC, BF, AC, WD, IPF, CDS) = TLC + AVT = VAT BASE
Manufacturers/Dealers VAT BASE x 12% = VAT
(w/BC) SUMMARY (CUD, CPF, CDS, *CSF*, IPF, VAT, AVT)
Brand New Automobile CUV+ INS+ FRT = DV$ x ER= DVP x RD = CUD
Consigned to Natural (DV, CUD, BF, AC, WD, IPF, CDS) = TLC + AVT = VAT BASE
Persons VAT BASE x 12% = VAT
(no BC) SUMMARY (CUD, CPF, CDS, *CSF*, IPF, VAT, AVT)
Used Automobile CUV x Dep. Rate = Dep. Value – DOF Partial Exemption = CUV
Consigned to CUV+ INS+ FRT = DV$ x ER= DVP x RD = CUD
Returning Filipino (DV, CUD, BF, AC, WD, IPF, CDS) = TLC + AVT = VAT BASE
Diplomats/DFA VAT BASE x 12% = VAT
Officials SUMMARY (CUD, CPF, CDS, *CSF*, IPF, VAT, AVT)
(no BC) Formatted: Left
(Dep Value)

Used Automobile CUV x Exchange Rate =CUV *In case of other foreign currencies
Consigned to CUV x Dep. Rate = Dep. Value (CUV)
Returning Filipino CUV+ INS+ FRT = DV$ x ER= DVP x RD = CUD
Residents and (DV, CUD, BF, AC, WD, IPF, CDS) = TLC + AVT = VAT BASE
Foreigners w/ Visa or VAT BASE x 12% = VAT
w/ Dual Citizenships SUMMARY (CUD, CPF, CDS, *CSF*, IPF, VAT, AVT)
(no BC) Formatted: Left
(Dep Value)
Sale by Privilege CUV x Exchange Rate =CUV *In case of other foreign currencies
Individual to Non- CUV x Dep. Rate = Dep. Value (CUV)
Privilege Individual CUV+ INS+ FRT = DV$ x ER= DVP x RD = CUD
(no BC) (DV, CUD, Miscellaneous Expense [P265]) = TLC + AVT = VAT BASE
(Dep Value) VAT BASE x 12% = VAT
SUMMARY (CUD, CPF, CDS, *CSF*, VAT, AVT)
Sale by Privilege CUV x Exchange Rate =CUV *In case of other foreign currencies
Individual to another CUV x Dep. Rate = Dep. Value (CUV)
Privilege Individual CUV+ INS+ FRT = DV$ x ER= DVP x RD = CUD
(no BC) (DV, CUD, Miscellaneous Expense [P265]) = TLC + AVT = VAT BASE
(Dep Value) VAT BASE x 12% = VAT
SUMMARY (CPF, CDS, *CSF*, IPF)
P1,794,081 Importer: Balikbayan
Unit 1x20’ STC: 1 Unit Mazda 3 2018 model Brand New
FOB Value: $45,000; FRT: 1,050; RE: P50
P1,527,043 Importer: DFA official
Unit 1x20’ STC: 1 unit Used Mercedez Benz, 2015 model
CUV-$55,000; FRT: $1,500; RE: P51.50
DOF Exemption: P100,000
P7,177,481 Importer: Jabez Corp.
Unit: 2x40’ STC: 4 units Montero Sports, 2018 model Brand new
FOB Value: $50,000/Unit; FRT: $4,000;
Net manufacturing SP: P2,500,000/unit; RE: P51
P1,076,884 Importer: JV Dela Cruz
1x20’ STC: 1 Unit Toyota Land Cruiser, 2017 yr. Model, 265 mileage
CUV: $27,500; FRT: $1,750; RE: P52.135
P671,906 Importer: Filipino Returning Resident
Unit 1x20’ STC: 1 unit Honda Civic 2018
CUV: $15,000; FRT: $1,500; RE: P52.135
P665,320 Shipment: 1X20 STC: Automobile 2015 Cadillac Eldorado
BV: $26,000; FRT: $1,500; DOF Exemption: $3,000; r
P922,886 Importer: Returning Filipino
Shipment: 1 unit automobile, 2500 cc, 12-seater, 2016 yr. model
CUV: $36,500; DOF exemption: $2,500; total ME: P8,850;
FRT: $2,000; RE: P50.35
P3,345,597 Importer: Toyota Motors
Unit: 3x20’ STC: 3 units of Toyota Fortuner, 2017 Model Brand New
CUV: $27,000/unit; Total FRT: $21,000;
NET ISP: P1,400,000/UNIT; RE: P50
P5,355,399 Importer: Car Dealer
Shipment: 10 units- Automobile, 2018 yr. mode, 3000 cc, 5-seater
Total CFR: $75,000; Total FRT: $5,100
Total ME: P18,031; RE:50.15
P1,365 Importer: Italian Ambassador; Buyer: Chinese Ambassador;
Unit: 1 unit of Subaru Forester, 2015 yr. model
CUV: $41,000; FRT: $1,000; RE: P50.85
P1,046,499 Importer: Italian Ambassador; Buyer: Juan Dela Cruz;
Unit: 1 unit of Toyota FJ Cruiser, 2014 yr. model
CUV: $45,000; RE: P51.85
Rate of Duty 30% - less than 10 seats Formatted Table
20% - more than 10 seats
Advalorem Rate IPF DVP Formatted: Font: Bold
600, ooo 4% 250 250k
Formatted: Font: Bold
600, ooo – 1,000,000 10% 500 250k-500k
1,000,000 – 4,000,000 20% 750 500k-750k Formatted: Centered
4,000,000 50% 1000 750k
Types of Cars TLC SUMMARY DEP. VALUE AVT Formatted: Font: Bold
based:
Formatted Table
Brand New Automobile ALL ALL - ISP
Consigned to Car
Manufacturers/Dealers Formatted: Font: Bold
Brand New Automobile ALL (No BC) ALL - TLC
Consigned to Natural
Persons Formatted: Font: Bold
Used Automobile ALL (No BC) ALL With Dep. TLC
Consigned to Value
Returning Filipino Less: DOF
Diplomats/DFA Exemption
Officials Formatted: Font: Bold
Used Automobile ALL (No BC) ALL With Dep. TLC
Consigned to Value
Returning Filipino
Residents and
Foreigners w/ Visa or
w/ Dual Citizenships Formatted: Font: Bold
Sale by Privilege DV+CUD+ ME NO IPF With Dep. TLC
Individual to Non- Value
Privilege Individual Formatted: Font: Bold
Sale by Privilege DV+CUD+ ME NO AVT, With Dep. TLC
Individual to another CUD, VAT Value
Privilege Individual

FOB FCA
CFR – FRT CPT – FRT
CIF – FRT - INS CIP – FRT - INS
CFR CPT
FOB + FRT FCA + FRT
CIF CIP
FOB + FRT + INS FCA + FRT + INS
CFR + INS CPT + INS
EXW DAP/DDP
FOB – O/C FOB + FRT + DEST. O/C
CIF – INS - FRT EXW + ORIG. DEST +
CFR - FRT FRT + DT
FAS = EXW + O/C
TARIFF 3 – Dutiable Value Formatted: Font: Georgia

PRO-RATION INDIVIDUAL VALUE/TOTAL VALUE = FACTOR x TOTAL FRT/INS


= INDV FRT/INS Formatted: Left
P40,715 1X20 STC:
Formatted: Font: Georgia, Bold
1 Unit of LG Dishwashing Machine of CFR Value of $1,500, RD: 5%
10 boxes of SEM anti-freezing preparations of CFR Value of $800, RD: 3% Formatted Table
5pcs of conveyor’s belt of CFR Value of $1000, RD: 2% Formatted: Font: Georgia
5 pcs of vacuum flasks of CFR Value of $1,200, RD: 5%
FRT INVOICE: $1,200; FRT B/L: $1,000; INS: $400; RE: P48 Formatted: Left
1X40 STC:
Formatted: Font: Georgia
15 boxes of plastic combs EXW Value of $400 RD: 0%
2 units of machinery electrically operated EXW Value of $1000 RD: 1% Formatted: Left
10 boxes of working gloves EXW Value of $600 RD: 2%
20 boxes of black pencil EXW Value of $500 RD: 3%
FRT: $950, O/C: $200, RE: P46.50 Formatted: Left
P175,345 1X20 STC:
Formatted: Font: Georgia
10 boxes of laptop cases made of leather of CPT Value of $10,000 RD: 1%
5 boxes of pencil cases CPT Value of $5,000 RD: 2% Formatted: Font: Georgia, Bold
6 boxes of cellphone holders CPT Value of $8,000 RD: 3% Formatted: Font: Georgia
3 boxes of notepads CPT Value of $500 RD: 0%
FRT B/L: $980, Local ins. w/o certificate: $3,500; RE: P51 LC#6756 Formatted: Left
P18,036 1X20 STC: Formatted: Left
15 Boxes of pencil of FOB Value of $500
15 Boxes of notebook of FOB Value of $600
25 Boxes of eraser of FOB Value of $700
Formatted: Left
RD: 0%, 2%, 3%; FRT B/L: $380; RE: P51.50 LC #323
170 kgs Shipment: 5 boxes Formatted: Font: Georgia
Dimension: 0.5 meter x 0.5 meter x 80 meter/box Formatted Table
AGW: 34kgs/box
Formatted: Left
1,300 kgs Shipment: 100 boxes
Dimension: 30 cm x 40 cm x 60 cm/box Formatted: Font: Georgia
AGW: 1300 kgs Formatted: Left
114 kgs Shipment: 60 boxes
Dimension: 7 inches x 8 inches x 12 inches/box Formatted: Font: Georgia
AGW: 1.9 kgs/box Formatted: Left
220 kgs Shipment: 3 cartons of Wearing apparel
Formatted: Font: Georgia
Dimension: 1.1 meter x 0.5 meter x 80 meter/box
AGW: 34kgs/box Formatted: Left
222 kgs Shipment: 10 boxes Formatted: Font: Georgia
Dimension: 18 inches x 18 inches x 25 inches/box
Formatted: Left
AGW: 22.20 kgs/box
55 kgs Shipment: Dairy Product 15 cartons Formatted: Font: Georgia
Dimension: 10 cartons - 15 cm x 30 cm x 50 cm/ctn Formatted Table
5 cartons - 15 cm x 25 cm x 45 cm/ctn
AGW: 55 kgs Formatted: Left
Formatted: Font: Georgia
Formatted: Left
Formatted: Centered

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