Consti Codal Memaid

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Codal MemAid 2. What does the Philippines adopt?

 The Philippines adopt the generally accepted


principles of international law as part of the
Article 1 law of the land

The National Territory comprises the Philippine 3. What does the Philippines adhere to?
Archipelago, with all the islands and waters  To the policy of peace, equality, justice,
embraced therein, and all other territories over freedom, cooperation, and amity with all
which the Philippines has sovereignty or nations.
jurisdiction, consisting of its terrestrial, fluvial, and
aerial domains, including the territorial sea, the Section 3
seabed, the subsoil, the insular shelves, and other
submarine areas. The waters around, between, and 1. What type of authority is supreme in the
connecting the islands of the archipelago, Philippines?
regardless of their with and dimensions, form part  Civilian Authority is at all times supreme over
of the internal waters of the Philippines. Military Authority.

Article 2 2. Who is the protector of the people and the


state?
Section 1  The AFP is the protector of the people and the
state?
1. What kind of state is the Philippines?
 A democratic and republican state. 3. What is the AFP’s goal?
 To secure the sovereignty of the state and the
2. Sovereignty resides where? integrity of national territory.
 Sovereignty resides in the People and all
Government authority emanates from them. Section 4
1. What is the prime duty of the Philippine
Section 2 Government?
 The prime duty of the Government is to serve
1. What is the stand of the country to war? and protect the people.
 The Philippines renounces war as an
instrument of national policy.
2. Who may the government call upon to defend 2. In its relation to other states what shall be
the state? the paramount consideration?
 The government may call upon the people to  Shall be the national sovereignty, territorial,
defend the state. integrity, national interest, and self-
determination.
3. What may be required in the defending of the
state? Section 8
 In the fulfillment thereof, all citizens may be 1. What is the Philippine’s stand on nuclear
required, under conditions provided by law, weapons?
to render personal, military, or civil service.  The Philippines, consistent with national
interest, adopts and pursues a freedom from
Section 5 nuclear weapons in the country.

1. What are essential in the enjoyment of Section 9


democracy? 1. What kind of social order shall be ensured?
 The maintenance of peace and order,  The state shall promote a just and dynamic
 the protection of life, liberty and property, social order that will
and the
 promotion of general welfare are essential to 2. Ensured what?
the enjoyment by the people of all blessings of  ensure the prosperity and independence of
democracy. the nation and free the people from poverty

Section 6 3. Through the use of what?


1. What is the stand on church and state  Policies that provide adequate social services,
relationships? promote full employment, and a rising
 The separation of church and state shall be standard of living, and improved quality of life
inviolable. for all.

Section 7 Section 10
1. What kind of policy shall the state pursue? 1. What shall the state promote?
 The state shall pursue an independent  Social justice in all phases of national
foreign policy. development.
Section 11 Section 1

Section 12 1. Legislative power shall be vested in who?


 Legislative power shall be vested in the
Section 13 Congress of the Philippines, which shall
consist of a Senate of a House of
Section 14 Representatives,
 EXCEPT, to the extent reserved to the people
Section 15 by the provision on initiative and referendum.

Section 16
Section 2
Section 17
1. The Senate shall be composed of what?
Section 18  The Senate shall be composed of 24 senators
who shall be elected at large
Section 19
2. Elected by who?
Section 20  By the qualified voters of the Philippines, as
may be provided by law.
Section 21
Section 3
Section 22
1. What are the qualifications of a Senator?
Section 23 A. A natural born citizen of the Philippines
B. At least 35 years of age
Section 24 C. Able to read and write
D. A registered voter
Section 25 E. Resident of the Philippines for not less than 2
years immediately preceding the day of the
Section 26 election.

Article VI Section 4
1. What shall be the term of the senator?  And those, as otherwise provided by law,
 The term of office of the Senators shall be: shall be elected through a party list system of
A. 6 years, registered national, regional, and sectoral
parties or organizations.
2. Term of Senator beginning from what time?
 Beginning from, unless otherwise stated by 3. What is the apportionment in accordance to?
law, at noon on the 13th day of June next  Apportionment in the areas will be in
following their election. accordance with the number of respective
inhabitants
3. How many consecutive terms may the
Senator serve? 4. On the basis of what?
 No Senator shall serve more than 2  On the basis of a uniform and progressive
consecutive terms. ratio

4. May voluntary renunciation be an 5. The party-list system shall constitute how


interruption of consecutive terms? many of the total number of representatives
 Voluntary renunciation may not be including those under the party-list.
considered as an interruption in the  The party list shall constitute twenty
continuity of his service for the full term for percentum of the total number of
which he was elected. representatives including those under the
party-list.
Section 5
6. For three consecutive terms after the
1. The HoR shall be composed of what? ratification of This constitution, how many
 The HoR shall be composed of not more than seats shall be allocated to party-list
250 members, unless otherwise fixed by law representatives from what kind of sectors?
 ½ of the seats allocated to party-list
2. HoR elected from where? representatives shall be filled, as provided by
 Elected from legislative districts apportioned law, by selection or election
among the provinces, cities, and the  From
Metropolitan Manila area  Labor
 Peasant
 Urban Poor  On the day of the election, at least 25 years of
 Indigenous cultural communities age
 Woman  Able to read and write
 Youth  A registered voter in the district in which he
 And such other sectors, shall be elected, (Except for party-list
 As may be provided by law, representatives)
 EXCEPT the religious sector.  Resident thereof for a period of not less than
one year immediately preceding the day of the
7. Each Legislative district shall comprise, as far election (again, except party-list
as practicable, what? representatives)
 Contiguous, compact, and adjacent territory.
Section 7
8. What shall be given at least one
representative? 1. What is the term of Members of the HoR?
 Each city with a population of at least  Term of HoR is three years
250,000
 Or each province, 2. When beginning?
 Shall be given at least one representative.  Unless otherwise stated, 30th day of June
next following their election.
9. When shall reapportionment be made and by
who? 3. Voluntary Renunciation?
 Within every three years following the return  Voluntary Renunciation shall not be counted
of every census, the Congress shall make a as an interruption in the continuation of the
reapportionment of legislative districts based term in which he was elected.
on the standards provided in this section.
Section 8
Section 6
1. When shall the regular election of Senators
1. What are the qualifications of a member of and the Members of HoR be held?
the house of representatives?  On the Second Monday of May, UNLESS
 Natural born Citizen OTHERWISE PROVIDED BY LAW.
years imprisonment, be privileged from arrest
Section 9 while Congress is in Session.

1. In Case of vacancy in the Senate and HoR, 2. May the Members of Congress be questioned
what shall be done? nor be held liable?
 A special election may be called to fill such  No Member shall be questioned nor be held
vacancy in the manner prescribed by law, liable in any other place for any speech r
debate in the Congress or in any Committee
2. What term shall be served? thereof.
 The Senator or Member of the HoR thus
elected shall serve only for the unexpired Section 12
term.
1. What shall be required from members of the
Section 10 Legislature with regard to their financial
interests?
1. Salaries shall be determined by what?  All members of the Senate and the House of
 The Salaries of the Senators and Members of representatives, shall, upon assumption of
the HoR shall be determined by law. office, make a full disclosure of their financial
and business interests.
2. May increases in said compensation take
effect? 2. What if there is conflict of interest?
 No increase in said compensation shall take  they shall notify the house concerned of a
effect until after the expiration of the full term potential conflict of interest which may arise
of the Members of the Senate and the house from the filing of a proposed legislation for
of Representatives approving such increase. which they are authors.

Section 11 Section 13

1. What shall a senator and a HoR be privileged 1. What are the restrictions regarding the
from? holding of office?
 A Senator and a Member of the HoR shall, in  No Senator or HoR may:
all offenses punishable by not more than 6 A. Hold any other office or employment in
the Government, subdivision, agency, or
instrumentality thereof, including GOCC  Once every year on the Fourth Monday of
or subsidiaries during his term without July for its regular session unless a different
forfeiting his seat day is fixed by law,
B. Be appointed to any office which may be
created or the emoluments thereof
increased during the term for which he 2. Till when shall it continue?
was elected.  Shall continue to be in session for such
number of days as it may determine until
Section 14 thirty days before the opening of its next
regular session,
1. Restrictions as to practice of profession and  Exclusive of Saturdays, Sundays, and legal
financial interest? holidays.
 No Member may:
A. Personally appear as counsel before any 3. May the President call for a special session?
Court of Justice or before the Electoral  Yes, at any time.
Tribunal or Quasi-Judicial and other
administrative bodies
B. Be Directly or indirectly interested Section 16
financially in any contract with, or in any
franchise or special privilege granted by 1. How is the Senate President and the Speaker
the Government, subdivision, agency or of the House be elected?
instrumentality thereof, including GOCC  The Senate shall elect its President and the
and subsidiaries during his office. HoR its Speaker of the House by a majority
C. Not intervene in any matter: vote of all its members.
 before any office of the
Government for his pecuniary 2. May members of each house choose other
benefit offices?
 Where he may be called upon to  Yes, as the house deem necessary.
act on account of his office.
3. What shall constitute a quorum?
Section 15  A majority of each house shall constitute a
quorum to do business
1. When shall the Congress convene?
10. May the House exempt such parts as may
4. May a smaller number adjourn day to day? affect national security?
 Yes.  Yes, in its judgement.

5. May they compel absent members? 11. Maximum length of adjournment?


 Yes, in any such manner, and under such  Neither house during the sessions of
penalties, as such House may provide. Congress shall, without the consent of the
other, adjourn for more than 3 days
6. What other independent acts may each house
do? 12. May they adjourn to any other place than
A. It may determine the rules of its proceedings that in which the two houses sit?
B. It may punish its members for disorderly  Not without consent from the other.
behavior
C. It may suspend or expel a member with Section 17
Concurrence of 2/3s of all its members.
1. What is an Electoral Triibunal?
7. What is the maximum length of suspension?  The Senate and the House of Representatives
 60 days. It shall not exceed such days. shall each have an Electoral Tribunal, which
shall be the sole judge of all contests
8. What shall be kept in the Journal and what relating to election, returns and
are the nuances of the Journal? qualifications of their respective members.
 Each house shall keep a journal of its
proceedings 2. Composition of Electoral Tribunal?
 From time to time publish the same  Each Electoral Tribunal shall be composed of
 Yeas and Nays on any question be entered in 9 members, three of whom shall be Justices
the journal at the request of one-fifth of the of the Supreme Court, designated by the
Members present. Chief Justice, and the remaining 6 shall be
members of the Senate and the House of
9. What about record? Representatives as the Case may be.
 Each house shall keep a record of its
proceedings. 3. How shall the Members of the Electoral
Tribunal be chosen?
 On the basis of proportional representation  The commission shall act on all appointment
from political parties and parties or submitted to it within thirty session days of
organizations registered under the party-list the Congress from their submission.
system represented therein.
4. How shall the Commission rule?
4. Who shall be the chairman?  By a majority vote of all the members.
 The most senior Justice in the Election
Tribunal shall be its Chairman Section 19:

1. When shall the Electoral Tribunals be


Section 18 constituted, along with the CoA?
 Within 30 days after the Senate and the
1. What is the Commission on Appointments house of representatives shall have been
and what shall be its powers? organized with the election of the President
 There shall be a Commission on and the Speaker of the House.
appointments consisting of:
o The Senate President as ex-officio 2. When can the CoA meet to discharge the
chairman functions and powers conferred upon it?
o 12 Senators  Only while the Congress is in Session,
o 12 Members of the House of Rep  At the call of its Chairman or a Majority of all
 Elected by each house on the basis of its members.
proportional representation from the political
parties and parties or organizations Section 20
registered under the party-list system
represented therein. 1. Who shall audit the records and books of
accounts?
2. What is the function of the chairman?  The CoA shall audit the books and shall
 He shall not vote except in cases of a tie publish annually an itemized list of amounts
paid and expenses incurred for each
3. When shall the commission act on the member.
appointments?
2. Are the books of Accounts open to the 2. For written question?
public?  They must be submitted to the president of
 Yes, it shall be preserved and open to the the Senate or the Speaker of the house of
public in accordance with law. Representatives at least 3 days before their
scheduled appearance.

Section 21 3. Are questions and interpellation be limited to


written questions?
1. What are inquiries in aid of legislation and  No.
who may conduct them?
 The Senate and the House of representatives 4. May inquiry be done in an executive session?
or any of its respective committees may  Yes, when the security of the state and the
conduct inquiries in aid of legislation in public so provides.
accordance with its duly published rules of
procedure. The rights of persons appearing Section 23
in, or affected by, such inquiries shall be
respected. 1. Who has the sole power to declare the state of
war?
Section 22  Congress,
o by a vote of 2/3 of both houses
1. If the inquiry is NOT in aid of legislation, o in a joint session assembled
what are the requirements necessary for heads o Voting separately
of departments to appear?
2. Explain the powers of the Congress to
For heads of departments authorize the President to exercise certain
 They may appear at their own initiative powers he or she does not normally authorize.
 With the Consent of the President, OR upon  In times of war or other national emergency,
the request of either House the Congress may, by law, authorize the
 According to the rules as each house has President to exercise such powers necessary
provided, and proper to carry out a national policy.
 The appearance must be for any matter
pertaining to their departnemtns. 3. Is this authorization qualified?
 Yes. It is only for a limited time and subject  However, the form, content, and manner of
to such restrictions the Congress may preparation of the budget shall be prescribed
prescribe. by law.

4. May it be withdrawn by resolution of 2. What are the qualifications to provisions and


Congress, what happens if withdrawn? enactments embraced in a general appropriation
 Yes, such authorization of powers shall cease bill?
upon the next adjournment thereof.  They must relate specifically to some
particular appropriation therein.
Section 24
3. General rule on provisions and enactments?
1. What shall exclusively originate from the  They shall be limited in its operation to the
HoR? appropriation to which it relates.
A. All revenue, appropriation or tariff bills
B. Bills authorizing increases of the public debt 4. Rules on SPECIAL appropriation bill?
C. Bills of local application  Shall specify the purpose for which it is
D. Private bills intended
 It shall be supported by funds actually
2. May the Senate propose or concur with available as certified by the National
amendments? Treasurer, or raised by a corresponding
 Yes. revenue proposal therein.
 They may even start drafting before the
submission of the HoR. 5. May laws be passed authorizing the transfer
of appropriations?
Section 25  No. however, the president, the Senate
President and the Speaker of the House and
1. May the Congress increase appropriations the CJ, and heads of the Con Com, may by
recommended by the President for the operation law, be authorized to augment any item in
of the Government as specified in the budget? the general appropriation law for their
 No. respective offices from the savings in other
items of their respective appropriations.
6. Rule on Discretionary funds? 3. May amendments be made after the last
 They shall be disbursed only for public reading of the bill?
purposes  No.
 To be supported by appropriate vouchers
 Subject to the guidelines prescribed by law. 4. What shall be entered in the Journal?
 Yeas and Nays.
7. What if Congress fails to pass the General
appropriations bill for the ensuing fiscal year Section 27
 The GAA of the preceding fiscal year shall be
deemed re-enacted and shall remain in force 1. After the passing by Congress, what next?
until the GAA is passed by the Congress.  Every bill passed by the Congress shall,
before it becomes a law, shall be presented to
Section 26 the President.

1. What is the one subject one title rule? 2. If he approves the same, if he does not
 Every bill passed by the Congress shall approve it?
embrace only one subject and one title  If he approves, he shall sign it, if not, he shall
thereof. veto it and return the same with his
objections to the house where it originated.
2. What is the “3 readings on 3 days”?
 No bill passed shall become a law until 3. What shall the house do if rejected?
o it has passed three readings on 3  It shall enter the objections at large in its
separate days, journal, and proceed to reconsider it.
o printed copies of its final form  If 2/3 of all the members of such house agree
distributed to members of Congress 3 to pass the bill again, it shall be sent together
days before its passage, with the objections to the other House by
o except when the president certifies which it shall likewise be considered,
to the necessity of its immediate  If approved by 2/3 members of all the
enactment, to meet a public members of that house, it shall become a law.
calamity or emergency.
4. When shall the President communicate his
veto of any bill to the House?
 Within 30 days from the date of receipt 5. Who shall be exempt from taxation?
thereof, otherwise it shall become a law as if  Charitable institutions,
he had signed it.  Churches,
 Personages
5. Does the president also have the power to  Convents appurtenant thereto
veto any particular item or items of  Mosques,
appropriation, revenue or tariff bills?  Non-profit cemeteries
 Yes, but the veto shall not affect the item or  Lands, buildings and improvements actually
items to which he does not object. directly and exclusively used for religious,
charitable or educational purposes shall be
Section 28 exempt from taxation.

1. What should the rule of taxation be? 6. What shall be done for tax exemption to be
 It shall be uniform and equitable granted?
 Concurrence of majority of all members of the
2. What kind of system of taxation? Congress.
 Congress shall evolve a progressive system of
taxation. Section 29

3. May the President fix tariff rates, import and 1. When may money be paid out of treasury?
export quotas, tonnage and wharfage dues, and  When it is in pursuance of an appropriation
other duties and imposts? made by law.
 Yes. Congress may, by law, authorize the
president to do such. 2. Is there a restriction of appropriation for
religion?
4. Qualified?  Yes. No public money or property shall be
 Yes. Within specified limits and subject to appropriated, applied, paid, or employed,
such limitations and restrictions as it may directly or indirectly for the use, benefit, or
impose support of any sect, church, denomination,
 Within the framework of national sectarian institution, or system of religion.
development program of the Government.  Or of any priest, preacher, minister, other
religious teacher or dignitary.
 EXCEPT when such person is assigned to the  Yes, the Congress shall, as early as possible,
AFP, or to any penal institution, or to provide for a system of initiative and
government orphanage or leprosarium. referendum and the exceptions therefrom.

2. What is initiative and referendum


3. Rule on Tax levied for Special Purpose fund?  whereby the people can directly propose and
 Shall only be paid out for such special enact laws or approve or reject any act or law
purpose only. or part thereof passed by the Congress or
Local legislative body after the registration of
4. What if the purpose for which special fund a petition signed by atleast 10% of the total
has been fulfilled or abandoned? number of registered voters, of which every
 It shall revert back to the general funds of the legislative district must be represented by at
government. least 3% of the registered voters thereof.

Section 30: Article VII

1. May laws be passed increasing the appellate Section 1


jurisdiction of the SC? 1. The executive power shall be vested within
 No. Not without its advice and concurrence. who?
 Within the President of the Philippines.

Section 31: Section 2


1. Requirements for a president of the
1. May laws granting title or royalty or nobility Philippines?
be enacted?  Natural born citizen of the Philippines
 No.  Registered voter
 Able to read and write
Section 32:  40 years of age on the day of the election
 resident of the Philippines for atleast 10 years
1. Is the Congress responsible for providing a immediately preceding election.
system of initiative and referendum?
Section 3
1. Who is a vice president and what does he do? 5. For persons succeeding the president, what is
 There shall be a vice president, that has the the limitation on when they can run?
same qualifications and term of office and be  No person who has succeeded as president
elected in the same manner as the president. and has served as such for more than 4 years
shall be qualified to the same office at any
2. How is the vice president removed? time.
 Same manner as the president.
6. How many successive terms can the Vice
3. May the vice president be appointed as a president have?
member of the Cabinet?  No vice president shall serve more than 2
 Yes. Such appointment requires no successive terms.
confirmation.
7. Voluntary renunciation interruption in the
continuation of the full term?
Section 4  Nope.

1. How shall the President and vice president be 8. When shall elections be held?
elected?  Second Monday of May, Unless otherwise
 By direct vote of the people for a term of 6 provided by law.
years.
9. Requirement for returns of the President and
2. When shall this begin? Vice President elections to be valid?
 Noon on the 30th day of June next following A. Duly certified by the Board of Canvassers of
the day of election. each province or city
B. Must be transmitted to the Congress directed
3. When shall it end? to the President of the Senate.
 Noon on the same day 6 years thereafter.
10. What shall the Senate president do upon
4. Is the president eligible for re-election? receipt?
 No.  Open the certificates in the presence of the
senate and the house of representatives in a
joint public session in not later than 30 days Section 5: Oath of Affirmation
after the day of the election.

11. After opening, what shall be done? Section 6:


 Congress, upon determination of the
authenticity thereof in a manner provided by 1. What are the constitutional requirements
law, canvass the votes. regarding the residence and salaries of the
President?
12. Who shall be proclaimed elected?  The president shall have an official residence.
 The person having the highest number of  The salaries of the president and the vice
votes shall be proclaimed elected president shall be determined by law, and
shall not be decreased during their tenure.
13. What if 2 or more shall have an equal and
highest number of votes? 2. Can they be increased?
 One shall be chosen by a majority of all the  No increase in said compensation shall take
Members of both Houses of the Congress, effect until after the expiration of the term of
voting separately. the incumbent during which such increase
was approved.
14. Who shall promulgate the rules for the
procedures of canvassing the certificates? 3. May the President receive other emoluments?
 The Congress shall promulgate its rules for  No. They shall not receive during their tenure
the canvassing of the Certificates. any other emolument from the government or
any other source.
15. Who shall be the sole judge of all contests
relating to election of President and the Vice Section 7
President?
 The Supreme Court, sitting en banc, shall be 1. When shall the president assume office?
the sole judge of all contests relating to the  AT the beginning of their terms.
election returns, and qualifications of the
President, or Vice President, and may 2. If the president fails to qualify?
promulgate the rules for the purpose.  The VP shall act as president until the
President shall have qualified.
3. If the President shall not have been chosen? 1. In case of death (in the middle of the term),
 The VP shall act as president until the permanent disability, removal from office or
President shall have been chosen and resignation of the President, what shall happen?
qualified.  The vice president shall become the
president and serve the unexpired term.
4. If, at the beginning of the term, the
president-elect shall have died or permanently 2. In case of death, PD, R, R, of VP?
became disabled?  The Senate President or in his disability,
 The Vice president shall BECOME president. the Speaker of the House, shall act as
president until the P or VP shall have been
5. When no vice president or president shall elected and qualified.
have been chosen or qualified, or where both
shall have died or become permanently disabled, 3. Role of Congress?
what shall happen?  To provide, by law, who shall serve as
 The Senate President, or in his disability, the President, in case of death, permanent
Speaker of the House, shall act as president disability, or resignation of Acting President.
until a president or vp shall have been He shall serve until the P or VP shall have
chosen or qualified. been elected and qualified, and be subject to
the same restrictions and powers as that of
6. What shall the congress provide a manner for the Acting President
with regard to selection of P or VP?
 The Congress shall, by law, provide for the Section 9
manner in which one who is to act as
President shall be selected, 1. What if there is a vacancy in the Office of the
 UNTIL a P or VP shall have qualified in case Vice President?
of death, permanent disability, or inability of  The president shall nominate a VP from
officials. among the Members of the Senate and the
HoR.
Section 8
2. When shall they assume office?
 Upon confirmation by a majority vote of all 8. When shall the Special election bill become a
the Members of both Houses, Voting law?
Separately.  Upon third reading by congress.

9. Appropriation for the special election shall be


Section 10. charged where?
 To any current appropriation and shall be
1. What is the procedure of Special Elections? exempt from the purpose requirement and
A. Congress shall convene, and enact a law National Treasurer requirement.
calling for a special election to elect a P and
VP. 10. May the convening of Congress be
suspended and the election be postponed? If yes
2. When will Congress convene when?
 At 10 in the morning, on the third day of the  Cannot be postponed.
vacancy in the office of the P or VP
11. What if vacancy occurs within 18 months
3. Convene how? before the date of the next presidential
 In accordance with its rules elections?
 No Special elections need be held.
4. Is a call needed?
 Without the need for a call. Section 11

5. When shall the law be enacted? 1. When are the powers of the president
 Within 7 days discharged to the Vice President?
a) When the president transmits to the Senate
6. When shall election be held? President and the Speaker of the House of
 Not earlier than 45 days but not later than 60 Representatives his written declaration that
day from the time of such call. he is unable to discharge the powers and
duties of the president.
7. Is the special election law required to be read b) When the majority of the members of the
in three separate days? Cabinet, transmit to the Senate President
 No, it is deemed certified by the president. and the Speaker of the House of
Representatives his written declaration that
he is unable to discharge the powers and  The Congress shall convene, if it is not in
duties of the president session, within 48 hours, in accordance with
its rules.
2. When shall the powers be returned to the
president? 6. Need for a call?
 Returned when president transmits to Senate  No need for a call.
and HoR a written declaration to the contrary
(That he is able to discharge the powers and
duties of his office). 7. What vote is needed for the Congress to say
3. If majority of the Cabinet initiates discharge that the president is unable to discharge the
of powers to VP, may President contest? powers and duties of his office?
 Yes. When the president transmits to SP or  2/3 vote of both houses voting separately
SHoR his written declaration that no inability  Voting done within 10 days after receipt of
exists, he shall reassume the powers and last written declaration
duties of his office. a) 12 days if not in session.

4. May the Cabinet contest the contest? 8. Who shall act as president?
 Yes, when a majority of the members of  The VP.
cabinet transmit to the SP or SHoR written
declaration that president is unable to 9. If the vote is not gotten?
discharge the powers and duties of his office,  President shall continue exercising his
the CONGRESS SHALL DECIDE. powers.

5. When should the written declaration be Section 12


made?
 Within 5 days from the transmission of the 1. In case of serious illness of President what is
president needed to be done?
 The public shall be informed of the state of
his health.
6. How shall the Congress decide?
2. Who shall not be denied access to the
President?
 Members of the Cabinet in charge of national  Relatives by consanguinity between the
security and foreign relations fourth civil degree.
 Chief of Staff of AFP
4. Where are relatives not allowed to be
Section 13 appointed?
 As members of the ConCom
1. Is there a prohibition in the holding of office  In the Office of the Ombudsman
for the president?  Secretaries or undersecretaries
 Yes. The president, VP, the Members of  Chairmen or heads of bureaus, including
Cabinet, and the Deputies and Assistants GOCCs and subsidiaries.
shall not, unless otherwise provided in this
Constitution, Section 14
 Hold any other office or employment during
their tenure. 1. What about appointments extended by the
former president?
2. What are the other prohibitions during their  Shall remain effective, unless revoked by the
tenure, directly or indirectly? elected president within 90 days from his
 Practice any other profession assumption or resumption of office.
 Participate in any business
 Be financially interested in any contract with Section 15
or in any franchise, or special privilege
granted by the government, its agency, 1. When is the appointment ban?
instrumentality, including GOCC or  2 months immediately before the next
subsidiaries. presidential election, and up to the end of his
 They shall strictly avoid conflict of interest in term, the President or Acting President shall
the conduct of their office. not make appointments,
 EXCEPT temporary appointments to
3. Who are prohibited from holding offices as executive positions when continued vacancies
members of the Con Com, Office of the therein will prejudice public service or
Ombudsman, or as secretaries and endanger public safety.
undersecretaries, chairman, or heads of bureaus
or offices including GOCC and subsidiaries? Section 16
Section 17
1. Who may the President Nominate, with
consent of the COA? 1. What does the president have control over?
a) Heads of the Executive Departments  Over all the executive departments, bureaus,
b) Ambassadors and offices
c) Other Public Ministers and Consuls
d) Officers of the armed forces from the rank of 2. What shall he ensure?
colonel or naval captain  That all laws are faithfully executed.
e) Other officers whose appointments who are
vested in him in the constitution. Section 18

2. Who else may the president appoint with no 1. Name the powers of the President.
need for CoA? a) The President shall be the Commander-in-
 All others not otherwise provided by law. Chief of all the armed forces of the
 Those whom he may by law was authorized to Philippines.
appoint. b) Whenever it may be necessary, he may call
out armed forces to prevent or suppress
3. What may congress vest the appointment of lawless violence, invasion or rebellion
other officers lower in rank? c) Suspend the writ of Habeas Corpus
 In the president alone d) Martial Law declaration powers
 In the courts
 In the heads of departments agencies, 2. Requisites of suspension of the writ of Habeas
commission or boards. Corpus:
a) In case of invasion or rebellion
4. Does the president have the power to make b) When public safety requires it
appointments during the recess of Congress? c) Period must not exceed 60 days.
 Yes.
3. Powers of the Congress to check and balance
5. When shall these appointments during recess power of the president?
be effective?  The president shall submit a report in person
a) Until disapproved by CoA or in writing to the Congress.
b) Until the next adjournment of Congress.
4. May the Congress revoke such proclamation?  Nor automatically suspend the privilege of the
How? writ.
 Voting jointly, by a majority of all its
Members in a regular or special session. 10. To whom shall the suspension of the writ
apply/
5. May the Congress extend beyond 60 days  Only to persons judicially charged for
such proclamations? rebellion or offenses inherent in, or directly
 Yes. If rebellion shall exist and public safety connected with invasion
requires it.
11. During the suspension of the Privilege of the
6. When shall the Congress convene for the writ, what is the maximum time a person may
meeting for revocation? be judicially charged?
 Within 24 hours.  Any person thus arrested shall be charged
within three days otherwise he shall be
7. May the Supreme Court review? released.
 Yes. In an appropriate proceeding filed by
any citizen, the sufficienc of the factual Section 19
basis of the proclamation of martial law or
the suspension of the privilege of the writ of 1. May the President Grant reprieves,
habeas corpus or extension thereof. commutation, pardons and remittance of fines
and forfeitures AFTER conviction by final
8. When shall they promulgate this decision? judgement?
 Within 30 days from the filing.  General rule is yes
 EXCEPT in cases of impeachment or as
9. What is the effect of martial Law? otherwise provided in this code.
 It does not suspend the operation of the
Constitution. 2. Does he also have the power to grant amnesty
 Nor supplant the functioning of the courts or  Yes, but with the concurrence of majority of
legislative assembleis all members of Congress.
 Nor authorize the conferment of jurisdiction
to military courts and agencies over civil Section 20
courts when they are able to function.
1. Does the president have the power to 1. Does the President submit the government
contract foreign loans? budget?
 Yes, the president may contract or guarantee  Yes. The president shall submit to Congress a
foreign loans on behalf of the RP, but with budget of expenditures and sources of
prior concurrence of the Monetary board, financing, including receipts from existing
subject to the limitations of the law. and proposed revenue measures.

2. What is the function of the Monetary board? 2. When is this submitted?


 Submit to Congress a complete report of its  Within 30 days from the opening of every
decision on applications for loans to be regular session as the basis of the GAA.
contracted or guaranteed by the government
or GOCC. Section 23

3. What kind of loans? 1. When is the Congress addressed by the


 Loans that would have the effect of increasing president?
foreign debt, and containing matters as  At the opening of its regular session.
otherwise provided by law.
2. May he appear before it any time?
4. When shall this be submitted to Congress?  Yes.
 Within thirty days from the end of every
quarter of the calendar year.
Article VIII
Section 21
1. To Whom shall judicial power be vested?
1. When is a treaty and international agreement  Judicial power shall be vested in one
deemed valid? supreme court and in such lower courts as
 When concurred by at least 2/3 of all the may be established by law.
Members of the Senate.
2. What does judicial power include?
Section 22  Includes the duty of the courts of justice to:
i. Settle actual controversies involving  Appropriations may not be reduced by the
rights which are legally demandable legislature below the amount appropriated for
and enforceable the previous year.
ii. And determine whether or not there
has been a grave abuse of discretion 3. Is the appropriation automatically and
amounting to lack or excess of regularly released?
jurisdiction on the part of any branch  Yes, after approval.
or instrumentality of the Government.
Section 4
Section 2
1. What shall the SC be composed of?
1. Who shall have the power to determine  1 Chief Justice and 14 Associate Justices.
jurisdiction of courts?
 Congress has the power to define, prescribe, 2. How may they sit?
and apportion the jurisdiction of the various  En Banc or at its discretion.
courts,
 But may not deprive SC of its jurisdiction 3. In divisions of what?
over cases enumerated in Section 5  In division of three five or seven members.
hereof.
4. When shall vacancies be filled?
2. May laws be passed reorganizing the  Within 90 days from the occurrence thereof.
Judiciary
 No law shall be passed reorganizing the 5. Which cases are required to be heard en
Judiciary when it undermines the security of banc?
tenure of its members. i. Involving treaty, international, or executive
agreement, or law
Section 3 ii. Other cases required by the rules of Court
a. Those involving constitutionality
1. What shall the Supreme Court Enjoy? application operation of presidential
 Fiscal Autonomy. decrees proclamation orders
instruction ordinances and other
2. May Judiciary appropriations be reduced by regulations.
the Legislature?
6. Cases required to be heard en banc shall be b. Cases involving the legality of tax,
decided by who? impost, assessment, or toll or penalty
 Concurrence of a majority of the Members imposed.
who actually took part in the deliberations on c. Cases involving the jurisdiction of any
the issues in the case and voted therein. lower court
d. Criminal cases with the penalty of
7. What about those heard in a division? reclusion perpetua or higher
 Decided or resolved with the concurrence of a e. Error of question of law is involved
majority of the members who actually took iii. Assign temporarily judges of lower courts
part in the deliberations on the issues of the iv. Order a change of venue or trial to avoid
case and voted thereon. miscarriage of justice
v. Promulgate its rules and procedures.
8. Is there a minimum required? vi. Appoint all officials of the judiciary
 Yes. In no case will it be decided upon
without the concurrence of at least three of 2. What does the SC exercise ORIGINAL
such Members. jurisdiction over?
1. Cases affecting ambassadors, public
9. May a doctrine or principle of law laid down ministers and consuls,
by the court decision rendered en banc be 2. Over petitions of certiorari, prohibition,
modified or reversed by a division? mandamus, quo warranto and habeas
 No. corpus.

Section 5 3. In the final judgements of lower courts the


court may, ON APPEAL, as the Rules of Court
1. Enumerate the powers of the SC may provide?
i. Exercise original jurisdiction over certain I. Review
cases II. Revise
ii. Review final judgements in lower courts III. Reverse
regarding IV. Modify
a. All cases involving constitutionality of V. Affirm
treaties, agreements, presidential
decrees, ordinance, etc. Section 6
1. What kind of supervision shall the Supreme Section 8
Court have?
 Administrative supervision over all courts 1. What is the JBC and what will be its
and the personnel thereof. composition?
 A Council under the supervision of the SC
Section 7  SC as chairman
 Secretary of Justice and a representative of
1. What are the requirements to be a member of Congress as ex officio members
the SC or any collegiate court?  Representative of the integrated bar
1. Natural Born citizen of the Philippines  A professor of law
 And a retired member of the SC
2. Member of the SC?  And a representative of the Private sector.
1. 40 years of age
2. in the practice of 15 years or more as a judge 2. Who are the other regular members and how
of the lower court, OR engaged in the practice elected?
of law in the Philippines.  Shall be appointed by the president for a
term of four years
3. Who shall prescribe the qualification of the
lower courts? 3. Need consent of CoA?
 Congress.  Yes.
4. But what is the non-negotiable requirement 4. What will be the terms of those appointed?
for judges of the lower courts?  Representative of Integrated bar is 4 years
 Member of the Philippine Bar  Professor of law is 3 years
 Citizen of the Philippines.  Retired justice 2 years
 Representative of Private Sector one year.
5. What attributes must the Member of the
Judiciary have?
5. Who shall be the Secretary ex officio of the
1. Competence
Counsil?
2. Integrity
 The Clerk of Court
3. Probity
4. Independence
6. Will they receive emoluments?
 Yes, as may be determined by the SC. 1. How shall the salaries of the judges be fixed?
 By law.
7. Who shall provide fot the annual budget and
appropriation of the JBC? 2. May they be decreased?
 The SC.  Not during the continuance in their office.

8. What will be the primary function of the JBC? Section 11


 The principal function of the JBC is to
recommend appointees to the Judiciary. 1. How long shall the Members of the SC and the
judges hold office?
9. May exercise other functions?  THe Members of the SC and the judges of the
 Yes. It may exercise such other functions and lower courts shall hold office during good
duties as the SC may assign to it. behavior until they reach the age of 70 years
or become incapacitated to discharge the
10. Who appoints the Members of the SC and duties of their office.
how?
 The president shall appoint the Members of 2. Who shall have the duty to discipline judges
the SC and the judges of the lower courts of the lower courts by a majority vote of a
from a list of at least 3 nominees prepared by majority of the Members who actually took part
the JBC for each vacancy. in the deliberations on the issues in the case
and voted thereon??
11. Do they need confirmation?  The SC en Banc
 No.
3. Who may order their dismissal by a majority
12. When shall the president issue the vote of a majority of the Members who actually
appointments FOR LOWER COURTS ONLY? took part in the deliberations on the issues in
 Within 90 days from the submission of the the case and voted thereon?
list.  SC en Banc

Section 12
Section 10
1. May members of the SC and other courts be 1. How shall decisions be rendered?
designated to any agency performing quasi-  No decision shall be rendered by any court
judicial or administrative functions? WITHOUT expressing therein clearly and
 No. distinctly the facts and the law on which it
was based.
Section 13
2. Is the legal basis important?
1. How are ponentes chosen?  Yes. No petition for review or motion for recon
 The conclusion of the SC in any case be refused without stating the legal basis
submitted to it for decision en banc or in thereof.
division,
 Shall be reached in consultation before the
case is assigned to a member for the writing Section 15
of the opinion in the court.
1. When shall cases be decided?
2. What shall be issued and a copy thereof  All cases or matters filed after the effectivity
attached to the record of the case and served of this Constitution must be decided or
upon the parties? resolved within 24 months from date of
 Certification signed by the SC that submission for the SC
consultation before the case was made.  UNLESS reduced by the SC, 12 months for
all lower collegiate courts,
3. Members who took no part, or dissented, or  3 montsh for all the other lower courts.
abstained from a decision or resolution, must do
what?
 Must state the reason therefor. 2. When shall a case or matter be deemed
submitted for a decision or resolution?
4. Must this also be followed by lower collegiate  Upon the filing of the last pleading brief or
courts? memorandum required by the Rules of Court
 Yes. or the Court itself.

Section 14 3. What if no decision was made on or before the


deadline?
 A certification to this effect signed by the CJ
or the presiding judge shall be issued, a copy Section 2
attached to the record and served upon the
parties. 1. What are the restrictions set forth for the
members of the constitutional commissions?
4. What shall be stated in the certificate? I. They may not hold any office or employment
 Why a decision has not yet been rendered. during their tenure.

5. Will expiration render the case moot? II. They may not engage in any practice of any
 No. Nevertheless, the cour shall decide or profession or be in active management or
resolve the case without further delay. control of any business, which in any way
may be affected by the functions of his office.
Section 16
III. They may not be financially interested
1. When shall the annual report on the directly or indirectly, in any contract or
operations and activities of the Judiciary be franchise or privilege granted by the
submitted? Government, subdivisions, agencies or
 Within 30 days from the opening. instrumentalities, including GOCCs and their
subsidiaries.

ARTICLE IX
Section 3
Section 1
1. What are the constitutional commissions? 1. Who shall fix the salary of the Chairman and
 The Civil Service Commission the Commissioners?
 The Commission on Election  They shall be fixed by law.
 The Commission on audit.
 It shall be independent. 2. May they be DECREASED?
 Not during their tenure.
2. What shall be the main characteristics of
these constitutional commissions? Section 4
 They shall be independent.
1. How shall the officials and employees be 1. When shall the ConComs decide on matters
chosen? brought before it?
 Appointed by the Commission, in accordance  Within 60 days from the date of its
to law. submission for decision or resolution.

Section 5 2. Decided by who?


 Majority vote of all its members
1. What shall the Constitutional Comm enjoy?
 They shall enjoy fiscal autonomy like that of 3. When is a case or matter deemed submitted
the Judiciary. for decision or resolution?
 Upon filing of the last pleading, brief, or
2. Will the ConComs have their approved annual memorandum required by the rules of the
appropriations automatically and regularly Commission or by the Commission itsef.
released?
 Yes. 4. May the decision, order, or ruling of the
Concom be brought to the SC on?
 Yes. Unless otherwise provided by this
Section 6 Constitution or by law,

1. Who makes the ConComs rules of 5. Who shall make appeal?


proceedings?  The aggrieved party
 Each commission en banc may promulgate
its own rules concerning pleadings and 6. Within how many days?
practice before it or any of its offices.  30 days.

2. May these rules and proceedings modify Section 8


substantive rights?
 No. 1. May the ConCom perform other functions?
 Yes, as may be provided by law.

Section 7 Civil Service Commission


Section 1 7. Will there be reappointment?
 No reappointment
1. What is the composition of the Civil Service
Commission? 8. Of those first appointed (First appointment
 Composed of a Chairman and 2 made on 1987), what shall be the terms?
Commissioners?  Chairman - 7 years
 1 Commissioner – 5 years
2. What shall they administer?  Another Commissioner – 3 years.
 They shall administer the Civil Service
9. What if there is vacancy?
3. What are the requirements for the Chairman  Appointment to any vacancy shall only be for
and the 2 commissioners? the unexpired term.
I. Natural born citizens of the Philippines
II. 35 years old at the time of their appointment 10. May members be appointment or designated
III. Proven Capacity for public administration in a temporary or acting capacity?
IV. Not be candidates for any elective position in  In no case shall they be appointed or
the elections immediately preceding their designated in a temporary or acting capacity.
appointment.
Section 2
4. How shall the Chairman and the
Commissioners be chosen? 1. What shall the CSC embrace?
 They shall be appointed by the President.  Embraces all branches, subdivisions,
instrumentalities, agencies of the
5. Does the appointment need consent of the Government, including GOCCS or controlled
CoA? corporations with original charters.
 Yes.
2. How shall appointments in the Civil Service
6. What will be the term for the Commissioners made?
and the Chairman of the Civil Service  Appointments in the civil service shall be
Commission? made only according to merit and fitness.
 Seven years.
3. How shall merit and fitness be determined?
 By competitive examination.
2. What measures shall they adopt?
4. How is “competitive examination” qualified?  They shall adopt measures to promote
 It must be made as far as practicable morale, efficiency, integrity, responsiveness,
 Except to position which are policy- progressiveness, and courtesy in the civil
determining, primarily confidential, or highly service
technical.
3. What system shall it strengthen?
5. May officers or employees be removed or  The merit and rewards system.
suspended?
 Only for causes provided by law. 4. It shall integrate what?
 It shall integrate all human resources
6. May government employees have the right to development programs for all levels and
self-organization? ranks, and institutionalize a management
 Yes. They shall not be denied. climate conducive of public accountability.

7. May officers or employees in the CS engage, 5. Will they make an annual report?
directly or indirectly, in any electioneering or  Yes, which shall be submitted to the
partisan political campaign? President and Congress, relating to personnel
 No. programs.

8. May temporary employees of the Government Section 4- oath of office


be given protection?
 Yes as may be provided by law. Section 5

Section 3 1. What is the role of Congress in Concom?


 Congress shall provide for the
1. What is the Job of the SCS and what shall standardization of compensation of
they establish? government officials and employees,
 The CSC, as the central personnel agency of including GOCCs with original charters
the Government, shall establish a career
service. 2. What shall be taken into account?
 The nature of the responsibilities pertaining Section 8
to, and the qualifications therefor, for their
positions. 1. May public officers, whether elective or
appointive, receive additional, double, or
Section 6 indirect compensation?
 No elective or appointive public officer or
1. May those who ran for election be appointed employee shall receive additional, double, or
to any office in the Government or GOCC or indirect compensation.
their subsidiaries?  UNLESS specifically authorized by law.
 No Candidate who has lost in any election
shall, within one year after such election, be 2. May they accept any present emolument,
appointed to any office in the Government or office or title of any kind from any foreign
the GOCC or any of their subsidiaries. government?
 NO
Section 7  Unless allowed with the consent of Congress.

1. May elective officials be appointed or 3. Are pensions or gratuities considered


designated in any capacity to any public office compensation?
or position during their tenure?  They will not be considered as such.
 No elective official shall be eligible for
appointment or designation in any capacity to The Commission on Elections
any public office or position during his
tenure. Section 1
1. What shall be the Composition of the
2.What about for appointed officials? Commission of Election?
 No appointed official shall hold any office or  There shall be a Commission on Elections
employment in the Government or any composed of a Chairman and 6
subdivision, agency, instrumentality thereof, Commissioners
including GOCCS or their subsidiaries.
 EXCEPT when allowed by law or by the 2. What shall be their qualifications?
primary functions of his office.  Natural born citizens of the Philippines
 At least 35 years old at the time of their 1. What will be the powers of the CoE?
appointment I. Enforce and administer all laws and
 Holders of College degree regulations relative to the conduct of an
 Must not be candidates for any elective election, plebiscite, initiative, referendum and
position in the immediately preceding recall.
elections. II. Exercise original jurisdiction over certain
 Majority thereof, Including the chairman, cases
shall be members of the Philippine Bar III. Decide on certain questions
who have been engaged in the Practice of IV. Deputize law enforcement agencies
law for at least 10 years. V. Registration of Political Parties
VI. Accredit citizen’s arms of the Commission on
3. Who shall appoint the Chairman and the 6 lection
commissioners of the Commission on Election? VII. File petitions in court for inclusion or
 They shall be appointed by the President with exlclusion of voters
the consent of the CoA for a term of seven VIII. Prosecute cases of violations of election laws
years without reappointment. IX. Recommend to the Congress effective
measures to minimize election spending
4. For the first appointed? X. Recommendation to the president of removal
 3 members – 7 years of any officer or employee it has deputized, or
 2 members – 5 years imposition of any other disciplinary action.
 last members – 3 years XI. Submission of comprehensive report to the
President and Congress
5. Appointment to any vacancy?
2. In where shall the COE exercise original
 Shall be only for the unexpired term of the
jurisdiction?
predecessor
I. Over all contests relating to election, returns,
and qualifications of all elective and regional
6. May they be appointed or designated in a
provincial, and city officials
temporary or acting capacity?
 In no case.
3. In where shall the CoE exercise APPELLATE
jurisdiction?
Section 2
 Over all contests involving elective municipal
officials decided by the trial courts of general
jurisdiction, or involving elective barangay  For the Exclusive purpose of ensuring free,
officials decided by trial courts of limited orderly, honest, peaceful and credible
jurisdiction. elections.

4. Will the decisions of the CoE involving 10. What is the requirement for the CoE to
elective municipal or barangay offices be final? register?
 Decisions, final orders, or rulings of the CoE  Need sufficient publication.
contest involving elective municipal and
barangay offices shall be final, executory, 11. Who may the CoE register?
are NOT APPEALABLE.  Political parties
 Organizations
5. What shall the CoE decide on?  Coalitions
I. All questions affecting elections,
II. Determination of the number and location of 12. What is the requirement for these
polling places, registrations to be valid?
III. Appointment of election officials and  In addition to other requirements, must
inspectors present their platform or program of
IV. Registration of voters government.

6. Are there any exemptions to what the CoE 13. Who shall be refused registration?
can decide upon? I. Religious denominations and sects.
 Except those involving the right to vote. II. Those who achieve their goals through
unlawful means
7. What is the requirement for the CoE to III. Those who refuse to uphold and adhere to
deputize? this Constitution
 Needs concurrence of the President. IV. Those who are supported by any foreign
government.
8. Who may the CoE deputize?
 Law enforcement agencies and 14. What shall be the effect of financial
instrumentalities of the Government, contribution from foreign governments and
Including the AFP their agencies to political parties?

9. For what purpose is the deputizing officers?


 Financial contributions from foreign 18. What may he recommend to the President?
governments and agencies to political parties,  Removal of:
organizations, coalitions, or candidates o any officer or employee it has deputized
related to elections constitute interference
in national affairs.  Imposition of any other disciplinary action for
 When accepted, they shall be an additional the violation or disregard, or disobedience to
ground for the cancellation of their its directive, order, or decision.
registration with the Commission, in
addition to other penalties that may be Section 3
prescribed by law.
1. May the CoE sit in division?
15. In what petitions may the CoE file?  It may sit En Banc or in division.
I. For the inclusion or exclusion of voters
II. Investigate and, where appropriate, prosecute 2. May it promulgate its own rules of procedure?
cases of violation of election laws, including  Yes. In order to expedite disposition of
acts or omissions constituting frauds, election cases, including pre-proclamation
offenses and malpractice. controversies.

16. When may the CoE File petitions in those 3. Who shall hear election cases?
mentioned in number 15?  CoE in division
 Upon verified complaint or on its own  Provided that motions for reconsideration
initiative. of decisions shall be decided by the
Commission en banc.
17. What may the CoE Recommend to the
Congress? Section 4
 Effective measures to:
1. minimize election spending 1. What may the CoE supervise or regulate the
2. Limitation of places where propaganda enjoyment of DURING THE ELECTION PERIOD?
materials shall be posted I. All franchises or permits for the operation
3. Prevent or penalize all forms of election transportation and other public utilities
fraud, offenses, malpractices, and II. Media of Communication or information
nuisance candidates.
III. All grants, special privileges or concessions
granted by the Government or any 1. May votes be cast in favor of a political
subdivision, agency or instrumentality party?
thereof, including any GOCC or its  No votes cast in favor of a political party,
subsidiary. organization or coalition shall be valid
 EXCEPT for those registered under the party-
2. What shall the supervision or regulation of list system as provided in this Constitution.
enjoyment aim to do?
 Aim to ensure equal opportunity, and equal Section 8
rates therefor,
 For public information campaigns and 1. What is the right of Political Parties,
forums among candidates in connection with organizations or coalitions registered under the
the objective of holding free, orderly, honest, party-list system?
peaceful and credible elections.  They have the right to be entitled to appoint
poll watchers in accordance to law.
Section 5
2. What may they NOT do.
1. May there be pardon, amnesty, parole or  They shall not be represented in the voter’s
suspension of sentence for violation of election registration boards, board of election
laws rules and regulations that is only granted inspectors, board of canvassers, or other
by the President? similar bodies.
 No. Favorable recommendation of the
Commission on Election is required. Section 9

Section 6 1. When shall the election period commence?


 90 days before the day of election
1. What kind of party system shall be allowed?  UNLESS otherwise provided
 A free and open party system shall be allowed
to evolve according to the free choice of the 2. When shall it end
people, subject to the provisions of this  30 days thereafter
Article.  UNLESS OTHERWISE PROVIDED

Section 7
Section 10 I. Natural born citizen of the Philippines
II. 35 years old at the time of their appointment
1. What shall be the right of bona fide III. Certified public Accountants with not less
candidates? than 10 years of auditing experience, or
 They shall be free from any form of members of the Philippine bar who have been
harassment and determination. engaged in the practice of law for at least 10
years
Section 11 IV. Must not have been candidates for any
elective position in the elections immediately
1. What shall be required to be certified by the preceding their appointment.
Commission?
 Funds certified by the Commission as 3. May members of the commission all come
necessary to defray the expenses for holding from the same profession?
regular and special elections, plebiscites,  No.
initiative, referenda, and recalls, shall be
provided in the regular or special 4. Who shall appoint the Chairman and the
appropriations. Commissioner?
 President with the consent of CoA
2. Once approved, are the funds released
automatically? 5. For a term of?
 Yes. Upon certification by the Chairman of  7 years.
the Commission.
6. With reappointment?
Commission on Audit  No.

Section 1 7. First appointment?


1. What shall be the Composition of the  Chairman – 7 years
Commission on Audit?  One commissioner – 5 years
 Composed of Chairman and two  Other commissioner – 3 years
Commissioners  Without reappointment

2. What are the qualifications for the Chairman 8. Effect of appointment to any vacancy?
and the 2 Commissioners?
 Appointment shall serve only for an for an the granting institution to submit to such
expired term. audit as a condition of subsidy or equity.

9. May they be appointed or designated in a 3. What if the internal control system of the
temporary or acting capacity? audited agencies is inadequate, are there any
 No. other requirements?
 Yes, the Commission may adopt such
Section 2 measures, including temporary or special
pre-audit, as are necessary and appropriate
1. What shall be the powers of the Commission to correct the deficiencies.
on Audit?
 The Commission on audit shall have the 4. Other responsibilities of the Commission?
power, authority and duty to:  Keep the general accounts of the
I. examine, audit, and settle all accounts Government.
pertaining to:  Preserve the vouchers and other supporting
 revenue and receipts of, papers pertaining thereto, for such a period
 and expenditures or uses of as may be provided by law
funds and property, owned or
held in trust or pertaining to the 5. Where shall the commission have exclusive
Government, subdivision, authority?
instrumentalities, including I. Defining the scope of its audit and
GOCCs with original charters, examination
II. Establish the techniques and methods
2. ON A POST-AUDIT BASIS, the CoA has the required therefor
power over who? III. Promulgate accounting and auditing rules
I. Constitutional bodies, commissions and and regulations, including those for the
offices that have been granted fiscal prevention and disallowance of irregular,
autonomy under the constitution unnecessary, excessive, extravagant, or
II. Autonomous state colleges and universities unconscionable expenditures or uses of
III. Other GOCCs and their subsidiaries government funds and properties.
IV. Non-government entities receiving subsidy or
equity, directly or indirectly, from or through Section 3
the Government which are required by law or
1. May laws be passed exempting the III. Barangays.
government, or investment in public funds, from
the jurisdiction of the Commission on Audit? 2. What shall be the Autonomous Regions?
 No law shall be passed exempting any entity I. Muslim Mindanao
of the Government or its subsidiaries in any II. Cordilleras
guise whatsoever, or any investment of public
funds, from the jurisdiction of the Section 2
Commission on Audit.
1. The territorial and political subdivision shall
Section 4 enjoy what?
 Local Autonomy.
1. When shall the submission file the annual
report? Section 3
 The commission shall submit to the President
and the Congress, within the time fixed by 1. What shall the Congress enact and for what
law, an annual report covering the financial purpose?
condition and operation of the Government  The Congress shall enact a local government
code which shall:
2. What shall they recommend? I. provide for a more responsive and
 Measures to improve their effectiveness and accountable local government structure.
efficiency II. Allocate among different local
government units their powers,
3. May the law increase the number of reports responsibilities, and resources
required? III. Provide for the qualification, election,
 Yes. appointment and removal, term,
salaries, powers and functions, and
duties of local officials,
Article X – Local Government IV. All other matters relating to the
organization and operation of local units
1. What shall be the territorial and political
subdivisions of the Republic of the Philippines? 2. How shall the local government structure be
I. Provinces, instituted?
II. Cities, Municipalities
 Through a system of decentralization with
effective mechanisms of recall, initiative and 2. Qualification of this power?
referendum  Subject to the guidelines and limitations as
the Congress may provide.
Section 4
3. Where shall these taxes accrue?
1. What kind of supervision shall the President  These taxes, fees, and charges shall accrue
of the Philippines exercise? exclusively to the local governments.
 The President of the Philippines shall exercise
general supervision over local government Section 6
units.
1. Will the Local government receive a share in
2. Who shall ensure that the acts of the the national taxes?
component units are within the scope of their  Yes. LGUs shall have a just share, as
prescribed powers and functions? determined by law, in the national taxes
 Provinces with respect to component cities which shall be automatically released to
and municipalities, them.
 Cities and municipalities with respect to
component barangays. Section 7
 Shall ensure that the acts of the component
units shall be within the scope of their 1. Does the LGU have a share in the proceeds of
prescribed powers and functions. National Wealth?
 LGUs shall be entitled to an equitable share
Section 5 in the proceeds of the utilization and
development of national wealth within their
1. Do the Local Government Units have the respective areas.
power to create their source of revenues? How?
 Each local government shall have the power, 2. In what manner shall the equitable share be
consistent with the basic policy of local distributed?
autonomy, to:  In the manner prescribed by law.
I. Create its own source of revenue
II. To Levy taxes, fees, and charges
3. Will there be sharing with the inhabitants? In Section 10
what way?
 There is sharing the national wealth with the 1. What is the rule on the boundaries of the
inhabitants by way of direct benefits. territorial and political subdivisions?
 General Rule: No province, city, municipality
Section 8 or barangay may be created, divided, merged,
abolished or its boundary substantially
1. What shall be the term of elective local altered,
officials?  Except in accordance with the Criteria
 Three years established in the LGC, SUBJECT to the
approval of the majority votes cast in a
2. Exception to term? plebiscite in the political units directly
 Barangay elective officials, whose term shall affected.
be determined by law.
2. Requirements for altering boundaries?
3. Consecutive term limit? 1. In the criteria established by the LGC
 No official shall serve for more than 3 2. Approved by the majority of votes cast in a
consecutive terms. plebiscite in the political units directly
affected.
4. Voluntary renunciation?
 Voluntary renunciation for any length of time Section 11:
shall not be considered an interruption for
the full term for which the LGU official shall 1. May a Special Metropoitan political
be elected Subdivision be created? By Who?
 The Congress may, by law, create such
Section 9 subdivision.

1. Who shall have sectoral representation? 2. Requirements?


 Legislative Bodies of local governments shall 1. Subject to plebiscite set forth in Section 10.
have sectoral representation as may be
prescribed by law. 3. What shall happen to the component cities
and municipalities affected?
 They shall retain their basic autonomy
 Shall be entitled to their own executive and resources for the purposes commonly
legislative assemblies. beneficial to them, in accordance with law.

4. What will be the jurisdiction of the Section 14


metropolitan authority?
 Limited to basic services requiring 1. What are Regional Development Councils and
coordination. who shall provide for them?
 The president shall provide for regional
development councils or other similar bodies.
Section 12
2. What will be there composition?
1. What shall be independent from the I. Local government officials,
province? II. Regional heads of departments
I. Cities that are highly urbanizes, as III. Other government offices
determined by law IV. Representatives from non-governmental
II. Component cities whose charters prohibit organizations within the regions
their voters from voting for provincial elective
officials. 3. What will be the purpose of these councils?
 For the purpose of administrative
2. With regard to voters from Component cities decentralization to strengthen the autonomy
with prohibition, may they vote for provincial of units therein
officials?  And to accelerate the economic and social
 The voters of component cities within a growth and development of the units in the
province whose charters contain no such region.
prohibition, shall not be deprived of their
right to vote for elective provincial officials. Section 15

Section 13 1. How shall the ARMM and Cordilleras be


created?
1. What is the rule on the grouping and  There shall be created ARMM and Cordilleras
coordinating of efforts for LGUs? consisting of:
 LGUs may group themselves, consolidate or o Provinces, cities, municipalities, and
coordinate their efforts, services and geographical areas sharing:
 common and distinctive  Congress shall enact the organic act for each
historical and cultural heritage autonomous region.
 economic and social structures
 Other relevant characteristics 2. With the help of who?
within the framework of the  With the assistance and participation of the
constitution and the national regional consultative commission.
sovereignty and territorial
integrity of the Republic of the 3. The regional consultative commission shall
Philippines. be composed of who?
I. Representatives appointed by the President
Section 16 from a list of nominees from multisectoral
bodies.
1. What kind of supervision shall the President
exercise? 4. What shall the organic act define?
 The president shall exercise General  The organic act shall define the basic
Supervision over ARMM to ensure that all structure of government for the region
laws are faithfully executed. consisting of the executive department and
legislative assembly.
Section 17
5. What is the requirement for the executive and
1. If powers, functions, and responsibilities are legislative?
not granted by this Constitution to the  They shall be elective and representative of
Autonomous regions, who shall it be vested in? the constituent political units.
 All powers, functions, and responsibilities not
granted by this Constitution or by law to the 6. Other provision of the organic act?
AR shall be vested in the National  Special courts with personal, family, and
Government property law jurisdictions, consistent with the
provision of the Constitution and national
Section 18 laws.

1. Role of Congress in the creation of the 7. When shall the creation of the autonomous
Autonomous regions? regions be effective?
 When approved by majority votes cast by the 1. Who shall be responsible for the preservation
constituent units in a plebiscite called for of peace and order?
that purpose.  The local police agencies

8. Who shall vote, what is the effect of those 2. What about the defense and security of the
that voted unfavorably? regions?
 Only provinces, cities, geographic areas  Responsibility of the National Government.
voting favorably in such plebiscite shall be
included in the autonomous region.
Accountability of Public Officers
Section 19- requirement of first congress
Section 1
1. What is a public Office?
Section 20  It is a public trust.

1. What shall the organic act provides legislative 2. What are the obligations of public officers?
powers over what? I. Public officers and employees must at all
I. Administrative organization times be accountable to the people
II. Creation of sources of revenues II. Serve them with the utmost responsibility,
III. Ancestral domain and natural resources integrity, loyalty and efficiency
IV. Personal, family and property relations III. Act with patriotism and justice
V. Regional urban and rural planning IV. Lead modest lives
development
VI. Economic social tourism and development
VII. Educational policies Section 2
VIII. Preservation and development of the cultural
heritage 1. Who may be removed THROUGH
IX. Other matters for the promotion of general IMPEACHMENT from office according to Article
welfare of the people XI?
I. The president
Section 21 II. The Vice President
III. The Supreme Court
IV. Members of the Constitutional Commissions
V. Ombudsman 4. How may a citizen file?
 Citizen may file the verified complaint upon a
2. Causes of removal? resolution or endorsement by any Member of
the House.
 On impeachment for and conviction of
I. culpable violation of the constitution 5. Where shall the verified complaint be
II. Treason included?
III. Bribery  Included in the Order of Business within ten
IV. Graft and Corruption session days.
V. Other high crimes
VI. Betrayal of public trust 6. Referred to who?
 Referred to the Proper Committee within 3
3. All other public officers may be removed session days thereafter.
how?
 As provided by law, but not impeachment. 7. Responsibility of the Committee?
 After hearing,
Section 3  By majority vote of all members
 Submit a report to the House within 60 days
1. Who shall have the EXCLUSIVE power to from such referral, together with the
initiate all cases of impeachment? corresponding resolution.
 The House of representatives shall have the
exclusive power to initiate cases of 8. When shall the resolution be calendared?
impeachment.  The resolution shall be calendared for
consideration by the House within 10 session
2. How shall impeachment be initiated? days from receipt thereof.
I. Verified complaint or motion of any citizen.
II. Referred to the Proper Committee 9. Required vote to affirm the resolution?
III. Submitted to House  Vote of at least one third of all the Members
of the House shall be necessary to affirm a
3. Who may file the verified complaint? favorable resolution with the Article of
 Verified Complaint for impeachment may be Impeachment of the Committee, or override
filed by any Member of the House of its contrary resolution.
Representatives.
16. Vote needed to convict official?
10. Will the vote be recorded?  2/3 of all the members of the Senate.
 Yes.
17. What is the scope of the final judgement?
11. What will happen if 1/3 requirement is  Judgement in cases of impeachment shall not
reached? extend further than removal from office and
 In case the verified complaint or resolution of disqualification to hold any office under the
impeachment is filed by atleast 1/3 of all the republic of the Philippines.
Members of the House, the same shall
constitute the Articles of impeachment, and 18. May the party convicted be liable for other
trial by the Senate shall forthwith proceed. punishment?
 The party convicted shall nevertheless be
12. What is the rule on successive impeachment liable and subject to prosecution trial and
proceedings? punishment according to law.
 No impeachment proceedings shall be
initiated against the same official more than 19. Who shall promulgate rules of
once within a period of one year. impeachment?
 Congress shall promulgate its rules on
13. Who has the sole power to try and decide all impeachment to effectively carry out the
cases of impeachment? purpose of this section.
 The Senate shall have the sole power to try
and decide all cases of impeachment. Section 4

14. What shall the Senate be on when sitting for 1. Will the Sandiganbayan continue to
purpose of impeachment? Function?
 They shall be on oath of affirmation.  The present anti-graft court known as the
Sandiganbayan shall continue to function
15. What if the President of the Philippines is on and exercise its jurisdiction as now or
trial for impeachment? hereafter may be provided by law.
 The CJ of the Supreme Court shall precide
BUT NOT VOTE Section 5
1. What is the Office of the Ombudsman? What
are its functions and Composition? Section 8
I. Ombudsman known as the Tanodbayan
II. One overall Deputy 1. Qualifications of the Ombudsman and his
III. At least one deputy from Luzon Visayas and deputies?
Mindanao I. Natural born citizen of the Philippines
II. At least 40 years old at the time of their
2. What about for military? appointment
 A separate Deputy for the Military may III. Recognized probity and independence
likewise be appointed. IV. Members of the Philippine Bar
V. Not be candidates for any elective office in the
Section 6 immediately preceding election
VI. OMBUDSMAN ONLY: for ten years or more,
1. Who shall appoint other officials and been a judge or engaged in the practice of law
employees of the Office of the Ombudsman, in the Philippines.
OTHER THAN THE DEPUTIES?
 Appointed by the Ombudsman according to 2. Other prohibitions?
the Civil Service Law.  Section 2 Article 9a of this constitution

Section 7 Section 9

1. What will the Existing Tanodbayan be known? 1. How Ombudsman and Deputies be appointed?
 Office of the Special Prosecutor.  Appointed by the President from a list of six
nominees prepared by the JBC, list of three
2. What shall be its powers? nominees from each vacancy thereafter.
 IT shall continue to function and exercise its
powers now or hereafter provided by law. 2. Requires Confirmation?
 NO.
3. Any exceptions?
 Except those conferred on the Office of the 3. When filled?
Ombudsman created under THIS  Vacancies shall be filled within 3 montsh
constitution. after they occur.
Section 10. Section 13
1. What is the rank of Ombudsman? Deputy? 1. Powers of the Office of the Ombudsman?
 Ombudsman- Chairman I. Investigate
 Deputy – Members II. Direct to perform duties
 Of the Concom III. Direct to take appropriate action
IV. Direct to furnish copies
2. Salary? V. Request for assistance
 Same salary as ConCom, no decrease during VI. Publicize matters
their term of office. VII. Determine the cause
VIII. Promulgate rules of procedure
Section 11
2. How is investigation instituted?
1. How long shall Ombudsman and Deputies  Investigate on its own or on complaint by any
Serve? person.
 7 years without reappointment
3. What may be investigated?
2. Allowed to run for any office or election?  Any act or omission of any public official,
 Not allowed to run for any office in the employee, office or agency, when such act or
election immediately succeeding their omission appears to be illegal, unjust
cessation from office. improper, or inefficient.

Section 12 4. Power to direct public official, how


instituted?
1. Obligations of the Ombudsman and his  Upon complaint or at own instance.
deputies?
 As protectors of the people, 5. What may be directed?
I. Shall act promptly on complaints filed in  Direct any public official or employee of the
any form or manner against public government
officials or employees of the government o to perform or expedite any act or duty
II. Notify the complainants of the action required by law
taken and the result thereof. o To correct any abuse or impropriety in
the performance of duties.
6. Power to direct officer concerned, what is the Section 14.
process?
 Power to direct the officer concerned to take 1. What shall Office of the Ombudsman enjoy?
appropriate action against a public official or  Fiscal Autonomy. Also automatic release.
employee at fault, and recommend his
approval, suspension, demotion, fine, Section 15
censure, or prosecution, and ensure 1. Rule regarding recovery of properties
compliance there with. unlawfully acquired?
 The right of the State to recover properties
7. What may be directed to be furnished to the unlawfully acquired by public officials or
Ombudsman? employees, from them or from their nominees
 Documents relating to contracts or or transferees, shall not be barred by
transactions entered into by his office prescription, laches or estoppel.
involving disbursement of public funds or
properties Section 16

8. May they report to COA? 1. What is the rule on granting of loans?


 Yes. Any irregularities for appropriate action.  No loan guaranty or other form of financial
accommodation for any business purpose
9. Rule on publicizing matters? may be granted, DIRECTLY OR
 Must be covered by its investigation INDIRECTLY, by any GO bank or FI to the
 When circumstances so warrant President, VP, Members of Cabinet, Congress,
 With due prudence SC, COnCom, Ombusmnan or to any firm or
entity in which they have controlling interest
10. Determination of the Cause of inefficiency, during their tenure.
how utilized?
 OMB may make recommendation for *Very important yang for any business purpose.
elimination and observance of high standards
of ethics and efficiency for causes of
inefficiency, red tape, mismanagement, fraud Section 17
and corruption in the government.
1. Requirement on declaration of Oath on
assets, when shall the declaration be made?
 Upon assumption of office and as often as National Economy and Patrimony
required by law.
Section 1
2. What required to submit?
 Declaration under oath of his assets liabilities 1. What is the goal of national economy?
and net worth.  A more equitable distribution of
opportunities, income and wealth;
3. Whose SALNs are required to be disclosed to  A sustained increase in the amount of goods
the public in a manner provided by law? and services produced by the nation for the
 President benefit of the people
 VP  Expanding productivity as the key to raising
 Members of the Cabinet the quality of life for all especially the
 Congress underprivileged.
 Supreme Court
 ConCom 2. What shall the State promote?
 Other constitutional offices  Industrialization and full employment.
 Officers of AFT with general or flag rank
3. Based on?
 Sound agricultural development and agrarian
Section 18 reform

1. What do Public Officers and employees owe 4. How shall these be achieved?
the State and this Constitution?  Through industries that make full and
 Allegiance at all times efficient use of human and natural resources,
which are competitive in both local and
2. What if an officer or employee seeks to foreign markets.
change his citizenship or acquire the status of
immigrant in another country during his 5. Filipino preference?
tenure?  Yes, the state shall protect Filipino
 They shall be dealt with by law. enterprises against unfair foreign competition
and trade markets.
ARTICLE XII
6. What shall sectors of the economy and all  Under the control and supervision of the
regions be given in pursuit of these goals? State.
 Optimum opportunity to deveop.
5. What may the State do to exercise its control
7. What shall corporations, cooperatives and and supervision?
other organizations be encouraged to do?  The state may directly undertake such
 Broaden the base of their ownership. activities OR enter into co-production,
joint venture, or production-sharing
Section 2 agreements with FILIPINO CITIZENS or
CORPORATION or Associations at least
1. What are owned by the State? 60% of whose capital owned by such
I. Lands of public domain citizens.
II. Waters
III. Minerals 6. How long can these agreements be?
IV. Coal  25 years, renewable for not more than 25
V. Petroleum years, and under such terms and conditions
VI. Other mineral oils provided by law.
VII. All forces of potential energy
VIII. Fisheries 7. What about for water rights? Is there limit?
IX. Forests or timber  In Case of water rights for irrigation, water
X. Wildlife supply fisheries or industrial uses other than
XI. Flora and fauna the development of water power, Beneficial
XII. Other natural resources use may be the measure and limit of the
grant.
2. What is the general rule on natural resources?
 They may not be alienated 8. How are the marine wealth in archipelagic
waters, territorial sea, and EEZ protected?
3. Except?  By reserving its use and enjoyment to Filipino
 Except agricultural lands. Citizens only.

4. The exploration, developments, and 9. Congress role in utilization of natural


utilization of natural resources shall be under resources?
the control of whom?
 They may by law allow small scale utilization Section 3
of natural resources by Filipino citizens,
giving priorty to subsistence fishermen. 1. How are the lands of public domain
classified?
10. May the president enter into agremeents  Lands of the public domain are classified into
with foreign owned corps? o agricultural,
 The President may enter into agreements with o forest or timber, mineral lands,
foreign-owned corporations o and national parks.

11. Involving what? 2. Further classification?


 involving either technical or financial  Agricultural lands of the public domain may
assistance for large-scale exploration, be further classified by law according to the
development, and utilization of minerals, uses which they may be devoted.
petroleum, and other mineral oils
3. Alienable lands shall be limited to what?
12. According to?  Alienable lands of the public domain shall be
according to the general terms and conditions limited to agricultural lands.
provided by law, based on real contributions to the
economic growth and general welfare of the 4. General rule on holding alienable lands?
country. In such agreements, the State shall  Private corporations or associations may not
promote the development and use of local scientific hold such alienable lands of the public
and technical resources. domain

5. Exception?
13.What shall the President notify to the I. EXCEPT by lease,
Congress? II. for a period not exceeding twenty-five years,
 The President shall notify the Congress of III. renewable for not more than twenty-five
every contract entered into in accordance years,
with this provision, IV. and not to exceed one thousand hectares in
area.
14. When notified?
 within thirty days from its execution.
6. Limitations on citizens of the Philippines on 2. May they be increased or diminished?
holding alienable lands?  Thereafter, such forest lands and national
 Citizens of the Philippines may lease not parks shall be conserved and may not be
more than five hundred hectares, or acquire increased nor diminished, except by law.
not more than twelve hectares thereof by
purchase, homestead, or grant. 3. May Congress prohibit logging?
 The Congress shall provide, for such period
as it may determine, measures to prohibit
7. What shall Congress determine by law? logging in endangered forests and watershed
 The Congress shall determine, by law, the areas.
size of lands of the public domain which may
be acquired, developed, held, or leased and Section 5
the conditions therefor.

8. Determination based on? 1. Who shall protect indigenous communities


 Taking into account the requirements of and how?
conservation, ecology, and development, and  The State, subject to the provisions of this
subject to the requirements of agrarian Constitution and national development
reform, policies and programs, shall protect the
rights of indigenous cultural communities to
their ancestral lands to ensure their
Section 4 economic, social, and cultural well-being.

1. What else is the role of Congress with regard 2. Role of Congress on determining ancestral
to forest lands and national parks? domain?
 The Congress shall, as soon as possible,  The Congress may provide for the
determine by law the specific limits of forest applicability of customary laws governing
lands and national parks, marking clearly property rights or relations in determining
their boundaries on the ground. the ownership and extent of ancestral
domain.
Section 6  Notwithstanding the provisions of Section 7 of
this Article, a natural-born citizen of the
1. What does the use of property bear? Philippines who has lost his Philippine
 The use of property bears a social function, citizenship may be a transferee of private
and all economic agents shall contribute to lands, subject to limitations provided by law.
the common good.
Section 9
2. Who shall have the right to own establish and
operate economic enterprises? 1. Who may establish the economic and
 Individuals and private groups, including planning agency and what will be its role?
corporations, cooperatives, and similar  The Congress may establish an independent
collective organizations, shall have the right economic and planning agency headed by the
to own, establish, and operate economic President, which shall, after consultations
enterprises, with the appropriate public agencies, various
private sectors, and local government units,
3. This owning is subject to what? recommend to Congress, and implement
 subject to the duty of the State to promote continuing integrated and coordinated
distributive justice and to intervene when the programs and policies for national
common good so demands. development.

Section 7 2. Who shall function as the independent


planning agency of the government?
1. General rule on transferring of private lands?  Until the Congress provides otherwise, the
 Save in cases of hereditary succession, no National Economic and Development
private lands shall be transferred or conveyed Authority shall function as the independent
except to individuals, corporations, or planning agency of the government.
associations qualified to acquire or hold lands
of the public domain.
Section 10
Section 8
1. When shall congress reserve the right to
1. General rule on ownership of Filipino citizen certain areas of investments?
who lost their citizenship?
 The Congress shall, upon recommendation of  No franchise, certificate, or any other form of
the economic and planning agency, when the authorization for the operation of a public
national interest dictates, reserve to citizens utility shall be granted except to citizens of
of the Philippines or to corporations or the Philippines or to corporations or
associations at least sixty per centum of associations organized under the laws of the
whose capital is owned by such citizens, or Philippines at least sixty per centum of whose
such higher percentage as Congress may capital is owned by such citizens, nor shall
prescribe, certain areas of investments. such franchise, certificate, or authorization
be exclusive in character or for a longer
2. What shall the congress enact? period than fifty years.
 The Congress shall enact measures that will
encourage the formation and operation of
enterprises whose capital is wholly owned by 2. Rule on franchise?
Filipinos.  Neither shall any such franchise or right be
granted except under the condition that it
3. Where shall Filipinos be given preference shall be subject to amendment, alteration, or
 In the grant of rights, privileges, and repeal by the Congress when the common
concessions covering the national economy good so requires. The State shall encourage
and patrimony, the State shall give preference equity participation in public utilities by the
to qualified Filipinos. general public.

4. What shall the state regulate? 3. Rule on participation of foreigners?


 The State shall regulate and exercise  The participation of foreign investors in the
authority over foreign investments within its governing body of any public utility enterprise
national jurisdiction and in accordance with shall be limited to their proportionate share
its national goals and priorities. in its capital, and all the executive and
managing officers of such corporation or
Section 11 association must be citizens of the
Philippines.
1. General rule and exceptions on public
utilities?
Section 12

1. Promotion of preferential use of what? Section 15


 The State shall promote the preferential use
of Filipino labor, domestic materials and 1. What shall congress do to promote
locally produced goods, and adopt measures cooperatives?
that help make them competitive.  The Congress shall create an agency to
promote the viability and growth of
Section 13 cooperatives as instruments for social justice
and economic development.
1. What kind of trade policy shall be pursued?
 The State shall pursue a trade policy that Section 16
serves the general welfare and utilizes all
forms and arrangements of exchange on the 1. Rule on Congress powers over private
basis of equality and reciprocity. corporations?
 The Congress shall not, except by general
Section 14 law, provide for the formation, organization,
or regulation of private corporations.
1. What shall be promoted by the state regarding
national talents? 2. How are GOCCs created?
 The sustained development of a reservoir of  Government-owned or controlled corporations
national talents consisting of Filipino may be created or established by special
scientists, entrepreneurs, professionals, charters in the interest of the common good
managers, high-level technical manpower and and subject to the test of economic viability.
skilled workers and craftsmen in all fields
shall be promoted by the State. The State Section 17
shall encourage appropriate technology and
regulate its transfer for the national benefit. 1. Power of the State to take over?
 In times of national emergency, when the
2. Rule on practice of profession? public interest so requires, the State may,
 The practice of all professions in the during the emergency and under reasonable
Philippines shall be limited to Filipino terms prescribed by it, temporarily take over
citizens, save in cases prescribed by law. or direct the operation of any privately owned
public utility or business affected with public o of known probity, integrity, and
interest. patriotism,
o the majority of whom shall come from
Section 18 the private sector.
o They shall also be subject to such other
1. Power of the state to transfer ownership? qualifications and disabilities as may
 The State may, in the interest of national be prescribed by law.
welfare or defense, establish and operate vital
industries and, upon payment of just 3. Responsibilities of the Monetary Authority?
compensation, transfer to public ownership  The authority shall provide policy direction in
utilities and other private enterprises to be the areas of money, banking, and credit.
operated by the Government.
4. Power of supervision over what?
Section 19  It shall have supervision over the operations
of banks and exercise such regulatory powers
1. Power to regulate monopolies? as may be provided by law over the
 The State shall regulate or prohibit operations of finance companies and other
monopolies when the public interest so institutions performing similar functions.
requires. No combinations in restraint of
trade or unfair competition shall be allowed. 5. Who is this Monetary authority?
 Until the Congress otherwise provides, the
Section 20 Central Bank of the Philippines, operating
under existing laws, shall function as the
1. Power of Congress over establishing a central central monetary authority
monetary authority?
 The Congress shall establish an independent
central monetary authority, Section 21

2. Qualification of Members? 1. Rule on foreign loans?


 the members of whose governing board must  Foreign loans may only be incurred in
be accordance with law and the regulation of the
o natural-born Filipino citizens, monetary authority. Information on foreign
loans obtained or guaranteed by the
Government shall be made available to the national seal, which shall all be truly
public. reflective and symbolic of the ideals, history,
and traditions of the people. Such law shall
take effect only upon its ratification by the
Section 22 people in a national referendum.

1. What shall be considered inimical to the Section 3


national interest?
 Acts which circumvent or negate any of the 1. General rule on Suing the state?
provisions of this Article shall be considered  The State may not be sued without its
inimical to the national interest and subject consent.
to criminal and civil sanctions, as may be
provided by law. Section 4

1. Composition of the Armed Forces of the P


 The Armed Forces of the Philippines shall be
ARTICLE XVI composed of a citizen armed force which shall
GENERAL PROVISIONS undergo military training and serve, as may
be provided by law. It shall keep a regular
Section 1 force necessary for the security of the State.

1. What is the flag of the Philippines?


 The flag of the Philippines shall be red, white, Section 5
and blue, with a sun and three stars, as
consecrated and honored by the people and 1. Requirements for AFP?
recognized by law.
(1) All members of the armed forces shall take an
Section 2 oath or affirmation to uphold and defend this
Constitution.
1. What are the powers of Congress over
national symbols? (2) The State shall strengthen the patriotic spirit
 The Congress may, by law, adopt a new name and nationalist consciousness of the military, and
for the country, a national anthem, or a
respect for people’s rights in the performance of  The State shall establish and maintain one
their duty. police force,
 which shall be national in scope and civilian
(3) Professionalism in the armed forces and in character,
adequate remuneration and benefits of its members  to be administered and controlled by a
shall be a prime concern of the State. The armed national police commission. The authority of
forces shall be insulated from partisan politics. local executives over the police units in their
No member of the military shall engage directly or jurisdiction shall be provided by law.
indirectly in any partisan political activity, except to
vote. SECTION 7.

(4) No member of the armed forces in the active 1. States responsibility to war veterans?
service shall, at any time, be appointed or  The State shall provide immediate and
designated in any capacity to a civilian position in adequate care, benefits, and other forms of
the Government including government-owned or assistance to war veterans and veterans of
controlled corporations or any of their subsidiaries. military campaigns, their surviving spouses
and orphans. Funds shall be provided
(5) Laws on retirement of military officers shall not therefor and due consideration shall be given
allow extension of their service. them in the disposition of agricultural lands
of the public domain and, in appropriate
(6) The officers and men of the regular force of the cases, in the utilization of natural resources.
armed forces shall be recruited proportionately
from all provinces and cities as far as practicable. SECTION 8.

(7) The tour of duty of the Chief of Staff of the 1. Pension of retirees?
armed forces shall not exceed three years. However,  The State shall, from time to time, review to
in times of war or other national emergency upgrade the pensions and other benefits due
declared by the Congress, the President may extend to retirees of both the government and the
such tour of duty. private sectors.

Section 6 SECTION 9.
1. Protection from hazardous products?
1. The Police Force and its characteristics?
 The State shall protect consumers from trade  Only Filipino citizens or corporations or
malpractices and from substandard or associations at least seventy per centum of
hazardous products. the capital of which is owned by such citizens
shall be allowed to engage in the advertising
SECTION 10. industry.
 The State shall provide the policy
environment for the full development of  The participation of foreign investors in the
Filipino capability and the emergence of governing body of entities in such industry
communication structures suitable to the shall be limited to their proportionate share
needs and aspirations of the nation and the in the capital thereof, and all the executive
balanced flow of information into, out of, and and managing officers of such entities must
across the country, in accordance with a be citizens of the Philippines.
policy that respects the freedom of speech
and of the press. SECTION 12.
 The Congress may create a consultative body
SECTION 11. to advise the President on policies affecting
 The ownership and management of mass indigenous cultural communities, the
media shall be limited to citizens of the majority of the members of which shall come
Philippines, or to corporations, cooperatives from such communities.
or associations, wholly-owned and managed
by such citizens.

 The Congress shall regulate or prohibit


monopolies in commercial mass media when
the public interest so requires. No
combinations in restraint of trade or unfair
competition therein shall be allowed.

 The advertising industry is impressed with


public interest, and shall be regulated by law
for the protection of consumers and the
promotion of the general welfare.

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