http://lawphilreviewer.wordpress.com/ateneo/ 4. Held together by a common bond of law.

POLITICAL LAW REVIEWER

Definition of “Sovereignty”
CONSTITUTIONAL LAW
 LEGAL sovereignty
1. The supreme power to make law.
ARTICLE I – THE NATIONAL TERRITORY 2. It is lodged in the people.
The national territory of the Philippines comprises:  
1. The Philippine archipelago  POLITICAL sovereignty
2. With all the islands and waters embraced therein 1. The sum total of all the influences in a state,
3. And all other territories over which the Philippines has sovereignty 2. Legal and non-legal,
or jurisdiction 3. Which determine the course of law.
4. Consisting of its CODE:  TFA
1. Terrestrial  According to the Principle of AUTO-LIMITATION:
2. Fluvial; Sovereignty is the property of the state-force due to which it has the
and                                                                       exclusive capacity of legal self-determination and self-restriction.
3. Aerial domains
5. Including its CODE: Definition of “Government”
TSSIO 1. That institution or aggregate of institutions
1. Territorial sea 2. by which an independent society
2. The seabed 3. makes and carries out those rules of action
3. The 4. which are necessary to enable men to live in a social state
subsoil                                                                        5. or which are imposed upon the people forming that society by
4. The insular shelves; and those who possess the power or authority of prescribing them.
5. The other submarine areas
6. The waters CODE:  Classification of governments
ABCI 1.  De jure       – one established by the authority of the legitimate sovereign
1. Around 2.  De facto      – one established in defiance of the legitimate sovereign
2. Between and  
3. Connecting Classification of de facto governments
4. The islands of the archipelago         De facto proper
5.                                     1. That government that gets possession and control of
Regardless of their breadth and dimensions 2. or usurps by force or by the voice of majority
3. the rightful legal government
Form part of the INTERNAL WATERS of the Philippines 4. and maintains itself against the will of the latter.
 Government of paramount force
Definition of Archipelago 1. That which is established and maintained by military
- An archipelago is a body of water studded with islands.  The forces
Philippine archipelago is that body of water studded with islands which 2. who invade and occupy a territory of the enemy
is delineated in the Treaty of Paris (1898), as amended by the Treaty 3. in the course of war.
of Washington (1900) and the Treaty of Great Britain (1930).  That established as an independent government by the inhabitants
of a country who rise in insurrection against the parent state.
Definition of “all other territories over which the Philippines has sovereignty
or jurisdiction” Definition of “Republican State”
- It includes any territory that presently belongs or might in the future It is one wherein all government authority emanates from the people and is
belong to the Philippines through any of the internationally accepted exercised by representatives chosen by the people.
modes of acquiring territory.
Definition of Democratic State
Archipelagic principle This merely emphasizes that the Philippines has some aspects of direct
Two elements: democracy such as initiative and referendum.
1. The definition of internal waters (as provided above);
2. The straight baseline method of delineating the territorial sea – Sec. 2.  The Philippines renounces war as an instrument of national policy,
consists of drawing straight lines connecting appropriate points on adopts the generally accepted principles of international law as part of the
the coast without departing to any appreciable extent from the law of the land and adheres to the policy of peace, equality, justice, freedom,
general direction of the coast. cooperation, and amity with all nations.
3.  
Important distances with respect to the waters around the Philippines Kind of war renounced by the Philippines
1.  Territorial sea  -    12 nautical miles (n.m.) The Philippines only renounces AGGRESSIVE war as an instrument of
2.  Contiguous zone   -   12 n.m. from the edge of the territorial sea national policy.  It does not renounce defensive war.
3.  Exclusive economic zone   -   200 n.m. from the baseline [includes (1) Some “generally accepted principles of international law” recognized by the
and (2)] Court:
1. Right of an alien to be released on bail while awaiting deportation
ARTICLE II – DECLARATION OF PRINCIPLES AND STATE POLICIES when his failure to leave the country is due to the fact that no
country will accept him (Mejoff v. Director of Prisons, 90 Phil. 70)
Selected principles 2. The right of a country to establish military commissions to try war
criminals (Kuroda v. Jalondoni, 83 Phil. 171)
Sec 1.  The Philippines is a democratic and republican State.  Sovereignty 3. The Vienna Convention on Road Signs and Signals (Agustin v.
resides in the people and all government authority emanates from them.  Edu, 88 SCRA 195)

Elements of a State (for municipal law purposes)              CODE:  PTSG Amity with all nations
1. A community of persons, more or less numerous (PEOPLE) This does not mean automatic diplomatic recognition of all nations. 
2. Permanently occupying a definite portion of territory Diplomatic recognition remains a matter of executive discretion.
(TERRITORY)
3. Independent of external control (SOVEREIGNTY) Sec 3.  Civilian authority is, at all times, supreme over the military.  The
4. Possessing an organized government to which the great body of Armed Forces of the Philippines is the protector of the people and the State. 
inhabitants render habitual obedience (GOVERNMENT) Its goal is to secure the sovereignty of the State and the integrity of the
national territory.
Definition of “People”                                                            
CODE:  CNCH Civilian authority/supremacy clause (1st sentence)
1. A Community of persons; 1. Civilian authority simply means the supremacy of the law because
2. Sufficient in Number; authority, under our constitutional system, can only come from law.
3. Capable of maintaining the continued existence of the community; 2. Under this clause, the soldier renounces political ambition.
and  
Mark of sovereignty (2nd and 3rd sentences)
 1. Positively, this clause singles out the military as the guardian of 6)  Not repugnant to the constitution
the people and of the integrity of the national territory and therefore 7)  As they shall judge to be for the good and welfare of the commonwealth
ultimately of the majesty of the law. and of the subjects of the same.
2. Negatively, it is an expression of disapproval of military abuses.
  Aspects of “Due Process”:
Sec 4.  The prime duty of the Government is to serve and protect the 1. Procedural due process – refers to the mode of procedure which
people.  The Government may call upon the people to defend the State and, government agencies must follow in the enforcement and
in the fulfillment thereof, all citizens may be required, under conditions application of laws.
provided by law, to render personal, military, or civil service. 2. Substantive due process – prohibition against arbitrary laws.

Sec. 5.  The maintenance of peace and order, the protection of life, liberty Note:  PROCEDURAL DUE PROCESS:
and property, and the promotion of the general welfare are essential for the 1. A law which hears before it condemns.
enjoyment by all the people of the blessings of democracy. 2. Due process of law contemplates notice and opportunity to be
heard before judgment is rendered affecting one’s person or
Sec. 6.  The separation of Church and State shall be inviolable. property (Lopez v. Dir. of Lands)
3. Due process depends on circumstances; it varies with the subject
Selected state policies matter and the necessities of the situation.

Sec. 7.  The State shall pursue an independent foreign policy.  In its relations Requisites of PROCEDURAL due process:
with other states, the paramount consideration shall be national sovereignty, For JUDICIAL proceedings:  CODE:  C J N O H
territorial integrity, national interest, and the right to self-determination. 1. A court or tribunal clothed with judicial power to hear and
determine the matter before it.
Sec. 8.  The Philippines, consistent with the national interest, adopts and 2. Jurisdiction must be lawfully acquired over the person of the
pursues a policy of freedom from nuclear weapons in its territory. defendant or over the property which is the subject of the
proceedings.
Policy of freedom from nuclear weapons 3. The defendant must be given notice and an opportunity to be
 The policy PROHIBITS: heard.
1. The possession, control and manufacture of nuclear 4. Judgment must be rendered upon a lawful hearing.
weapons
2. Nuclear arms tests. For ADMINISTRATIVE proceedings: CODE: H E D S H I P
 The policy does NOT prohibit the peaceful uses of nuclear energy. 1. The right to a hearing, which includes the right to present one’s
case and submit evidence in support thereof.
Sec. 12.  The State recognizes the sanctity of family life and shall protect 2. The tribunal must consider the evidence presented.
and strengthen the family as a basic autonomous social institution.  It shall 3. The decision must have something to support itself.
equally protect the life of the mother and the life of the unborn from 4. Evidence supporting the conclusion must be substantial.
conception. etc. 5. The decision must be based on the evidence presented at the
  hearing or at least contained in the record and disclosed to the
Principle that the family is not a creature of the state. parties affected.
6. The tribunal or body or any of its judges must act on its or his own
Protection for the unborn independent consideration of the law and facts of the controversy,
1. It is not an assertion that the unborn is a legal person. and not simply accept the views of a subordinate in arriving at a
2. It is not an assertion that the life of the unborn is placed exactly decision.
on the level of the life of the mother.  Hence, when it is necessary to 7. The board or body should, in all controversial questions, render its
save the life of the mother, the life of the unborn may be sacrificed. decision in such a manner that the parties to the proceeding can
3. Under this provision, the Roe v. Wade doctrine allowing abortion know the various issues involved and the reasons for the decision
up to the 6th month of pregnancy cannot be adopted in the rendered.
Philippines because the life of the unborn is protected from the time Note:
of conception. 1. What is required is not actual hearing, but a real opportunity to be
heard.
Sec. 16.  The State shall protect and advance the right of the people to a 2. The requirement of due process can be satisfied by subsequent
balanced and healthful ecology in accord with the rhythm and harmony of due hearing.
nature. 3. Violation of due process: when same person reviews his own
1. While the right to a balanced and healthful ecology is found under decision on appeal.
the declaration of Principle and State Policies and not under the Bill 4. Notice and hearing are required in judicial and quasi-judicial
of Rights, it does not follow that it is less important than any of the proceedings, but not in the promulgation of general rule.
civil and political rights enumerated in the latter. (Oposa v.
Factoran) For SCHOOL DISCIPLINARY proceedings:  CODE: W A In A D P
2. The right to a balanced and healthful ecology carries with it the 1. The student must be informed in writing of the nature and cause
correlative duty to refrain from impairing the environment.  (Oposa of any accusation against them.
v. Factoran) 2. The student shall have the right to answer the charges against
him, with the assistance of counsel if desired.
Sec. 26.  The State shall guarantee equal access to opportunities for public 3. The student has the right to be informed of the evidence against
service, and prohibit political dynasties as may be defined by law. him.
4. The student has the right to adduce evidence in his own behalf.
Sec. 27.  The State shall maintain honesty and integrity in the public service 5. The evidence must be duly considered by the investigating
and take positive and effective measures against graft and corruption. committee or official designated by the school authorities to hear
and decide the case.
Sec. 28.  Subject to reasonable conditions prescribed by law, the State 6. The penalty imposed must be proportionate to the offense.
adopts and implements a policy of full public disclosure of all its transactions
involving public interest. Note:
1. The school has a contractual obligation to afford its students a fair
ARTICLE III – BILL OF RIGHTS opportunity to complete the course a student has enrolled for.
2. Exceptions:
Sec. 1. No person shall be deprived of life, liberty or property without due 3. Serious breach of discipline; or
process of law, nor shall any person be denied the equal protection of the 4. Failure to maintain the required academic standard.
laws. 5. Proceedings in student disciplinary cases may be summary;
  cross-examination is not essential
Definition of “Police Power”:
1)  Power vested in the legislature Instances when hearings are NOT necessary:
2)  By the Constitution 1. When administrative agencies are exercising their quasi-
3)  To make, ordain, and establish legislative functions.
4)  All manner of wholesome and reasonable laws, statutes, and ordinances 2. Abatement of nuisance per se.
5)  Either with penalties or  without 3. Granting by courts of provisional remedies.
 4. Cases of preventive suspension. Note:   Probable cause for the issuance of a search warrant does NOT
5. Removal of temporary employees in the government service. require that the probable guilt of a specific offender be established, unlike in
6. Issuance of warrants of distraint and/or levy by the BIR the case of a warrant of arrest.
Commissioner. Existence of probable cause “DETERMINED PERSONALLY BY THE
7. Cancellation of the passport of a person charged with a crime. JUDGE”
8. Issuance of sequestration orders (considered a provisional
remedy). The judge is NOT required to personally examine the complainant and his
9. Judicial order which prevents an accused from travelling abroad witnesses. What the Constitution underscores is the exclusive and personal
in order to maintain the effectivity of the court’s jurisdiction. responsibility of the issuing judge to satisfy himself of the existence of
10. Suspension of a bank’s operations by the Monetary Board upon a probable cause (Soliven v. Makasiar, 167 SCRA 394).
prima facie finding of liquidity problems in such bank. To be sure, the Judge must go beyond the prosecutor’s certification and
investigation report whenever necessary (Lim v. Felix).
Note:
1. The right to counsel is a very basic requirement of substantive Procedure:
due process and has to be observed even in administrative and 1. The judge personally evaluates the report and supporting
quasi-judicial bodies. documents submitted by the fiscal regarding the existence of
2. The right to appeal is a statutory privilege that may be exercised probable cause and, on the basis thereof, issue a warrant of arrest
only in the manner in accordance with law. or
2. If on the basis thereof, the judge finds no probable cause, he may
Requisites of SUBSTANTIVE due process: CODE: I M disregard the fiscal’s report and require the submission of
1. The INTERESTS of the public generally, as distinguished from supporting affidavits of witnesses to aid him in arriving at the
those of a particular class, requires the interference by the conclusion as to the existence of probable cause.
government and
2. The MEANS employed are necessary for the accomplishment of Examination “UNDER OATH OR AFFIRMATION OF THE COMPLAINANT
the purpose and not unduly oppressive upon individuals. AND WITNESSES”
1. The oath required must refer to the truth of the facts within the
Requirements of a valid ordinance: personal knowledge of the complainant or his witnesses because
1. Must not contravene the Constitution or any statute the purpose is to convince the judge of the existence of probable
2. Must not be unfair or oppressive cause (Alvarez v. CFI, 64 Phil. 33).
3. Must not be partial or discriminatory 2. The true test of sufficiency of an affidavit to warrant the issuance
4. Must not prohibit, but may regulate trade of a search warrant is whether it has been drawn in such a manner
5. Must be general and consistent with public policy that perjury could be charged thereon and affiant be held liable for
6. Must not be unreasonable the damages caused (Alvarez v. CFI).

When is a law VAGUE? PARTICULARITY OF DESCRIPTION (SEARCH WARRANT)

1. When it lacks COMPREHENSIBLE STANDARDS
2. That men of ordinary intelligence must necessarily GUESS as to
its meaning
3. And differ as to its application
Equal Protection of the law
The equality that it guarantees is legal equality or the equality of all persons
before the law.  It does not demand absolute equality.  It merely requires that
all persons shall be treated alike, under like circumstances and conditions
both as to privileges conferred and liabilities enforced.
Requisites for valid classification for purposes of the equal protection clause
The classification must:        CODE:  SGEE
1. Rest on SUBSTANTIAL DISTINCTIONS
2. Be GERMANE to the purposes of the law
3. Not limited to existing conditions only
4. APPLY EQUALLY to all members of the SAME CLASS.
Sec. 2. The right of the people to be secure in their persons, houses,
papers, and effects against unreasonable searches and seizures of whatever
nature and for any purpose shall be inviolable, and no search warrant or
warrant of arrest shall issue except upon probable cause to be determined
personally by the judge after examination under oath or affirmation of the
complainant and the witnesses he may produce, and particularly describing
the place to be searched and the person or things to be seized.
General Rule: Search and seizures are unreasonable unless authorized by a
validly issued search warrant or warrant of arrest
Requisites for a valid warrant:            CODE  P  J  E  D
1. It must be issued upon PROBABLE CAUSE.
2. The existence of probable cause is determined personally by the
JUDGE.
3. The judge must EXAMINE UNDER OATH the complainant and
the witnesses he may produce.
4. The warrant must PARTICULARLY DESCRIBE the place to be
searched and person or things to be seized.
Definition of “PROBABLE CAUSE”
For the issuance of a warrant of arrest:
- Probable cause refers to such facts and circumstances which would
lead a reasonably discreet and prudent man to believe that an offense
has been committed by the person sought to be arrested.
For the issuance of a search warrant:
- Probable cause would mean such facts and circumstances which
would lead a reasonably discreet and prudent man to believe that an
offense has been committed and that the objects sought in connection
with the offense are in the place to be searched.
1. A search warrant may be said to particularly describe the things to
be seized when the description therein is as specific as the
circumstances will ordinarily allow or
2. When  the description expresses a conclusion of fact – not of law
– by which the warrant officer may be guided in making the search
and seizure or
3. When  the things described are limited to those which bear a
direct relation to the offense for which the warrant is being issued
(Bache and Co. v. Ruiz, 37 SCRA 823).
JOHN DOE WARRANT
A “John Doe” warrant can satisfy the requirement of particularity of
description if it contains a descriptio personae such as will enable the officer
to identify the accused (People v. Veloso, 48 Phil. 159)
GENERAL WARRANT
A general warrant is one that does not allege any specific acts or omissions
constituting the offense charged in the application for the issuance of the
warrant. It contravenes the explicit demand of the Bill of Rights that the
things to be seized be particularly described.
VALID WARRANTLESS SEARCH
 Search made as an incident to lawful arrest
 An officer making an arrest may take from the person arrested:
1. Any money or property found upon his person which was used in
the commission of the offense or
2. Was the fruit thereof or
3. Which might furnish the prisoner with the means of committing
violence or escaping or
4. Which may be used in evidence in the trial of the case
 The search must be made simultaneously with the arrest and it may
only be made in the area within the reach of the person arrested
 Search of moving vehicles
1. This exception is based on exigency. Thus, if there is time to
obtain a warrant in order to search the vehicle, a warrant must first be
obtained.
2. The search of a moving vehicle must be based on probable
cause.
 Seizure of goods concealed to avoid customs duties/authorized under
the Tariffs and Customs Code
1. The Tariffs and Customs Code authorizes persons having police
authority under the Code to effect search and seizures without a search
warrant to enforce customs laws.
 2. Exception: A search warrant is required for the search of a
dwelling house. Types of communication protected:
3. Searches under this exception include searches at borders and Letters, messages, telephone calls, telegrams and the like.
ports of entry. Searches in these areas do not require the existence of
probable cause. Exclusionary rule:
Any evidence obtained shall be inadmissible for any purpose in any
 Seizure of evidence in plain view proceeding.  However, in the absence of governmental interference, the
1. To be a valid warrantless search, the articles must be open to the protection against unreasonable search and seizure cannot be extended to
eye and hand. acts committed by private individuals. (People v. Martin)
2. The peace officer comes upon them inadvertently.
Sec. 4.  No law shall be passed abridging the freedom of speech, of
Waiver of right expression, or of the press, or of the right of the people peaceably to
 Requisites of a valid waiver: assemble and petition the government for redress of grievances.
1. The right exists.  
2. The person had actual or constructive knowledge of the existence What are considered protected speech:
of such right. Protected speech includes every form of expression, whether oral, written,
3. There is an actual intention to relinquish such right. tape or disc recorded.  It includes motion pictures as well as what is known
as symbolic speech such as the wearing of an armband as a symbol of
1. The right against unreasonable searches and seizures is a protest.  Peaceful picketing has also been included within the meaning of
personal right. Thus, only the person being searched can waive the speech.
same.
2. Waiver requires a positive act from the person. Mere absence of Prohibitions under Section 4
opposition is not a waiver. 1. Prohibition against PRIOR RESTRAINT
3. The search made pursuant to the waiver must be made within the 1. Prohibition against SUBSEQUENT PUNISHMENT
scope of the waiver.
Note: Prohibition against prior restraint
1. Checkpoints: as long as the vehicle is neither searched nor its 1. Prior restraint means official governmental restrictions on the
occupants subjected to a body search and the inspection of the press or other forms of expression in advance of actual publication
vehicle is limited to a visual search = valid search ( Valmonte V. De or dissemination.
Villa) 2. Examples/forms of prior restraint
2. Carroll rule: warrantless search of a vehicle that can be quickly 1. movie censorship
moved out of the locality or jurisdiction 2. judicial prior restraint = injunction against publication
3. The 1987 Constitution has returned to the 1935 rule that warrants 3. license taxes based on gross receipts for the  privilege
may be issued only by judges, but the Commissioner of Immigration of engaging in the business of advertising in any
may order the arrest of an alien in order to carry out a FINAL newspaper
deportation order. 4. flat license fees for the privilege of selling religious
books
VALID WARRANTLESS ARRESTS
- When the person to be arrested has committed, is actually committing, When prohibition does not apply
or is about to commit an offense in the presence of the arresting 1. During a war.  Ex.  Government can prevent publication about the
officer. number/locations of its troops (Near v. Minnesota, 238 US 697)
- When an offense has in fact just been committed and the arresting 2. Obscene publications.
officer has personal knowledge of facts indicating that the person to
be arrested has committed it. Standards for allowable subsequent punishment
- When the person to be arrested is a prisoner who has escaped from a TEST CRITERION
penal establishment or place where he is serving final judgment or 1. Dangerous Tendency Test There should be a RATIONAL
temporarily confined while his case is pending, or has escaped while CONNECTION between the speech
being transferred from one confinement to another. and the evil apprehended.
2. Clear and Present Danger Test There should be a clear and present
Waiver of an invalid arrest:  danger that the words when used
When a person who is detained applies for bail, he is deemed to have under such circumstances are of
waived any irregularity which may have occurred in relation to his arrest. such a nature as to create a CLEAR
Hot pursuit AND PRESENT DANGER that they
A.  The pursuit of the offender by the arresting officer must be will bring about the substantive evils
continuous from the time of the commission of the offense to the time that the State has a right to prevent.
of the arrest. 3. Balancing of Interests Test The courts should BALANCE the
B.  There must be no supervening event which breaks the continuity PUBLIC INTEREST served by
of the chase. legislation on one hand and the
Stop and frisk FREEDOM OF SPEECH (or any
When a policeman observes suspicious activity which leads him to other constitutional right) on the
believe that a crime is about to be committed, he can investigate the other. The courts will then decide
suspicious looking person and may frisk him for weapons as a where the greater weight should be
measure of self-protection. Should he find, however, a weapon on the placed.
suspect which is unlicensed, he can arrest such person then and
there for having committed an offense in the officer’s presence. Freedom of Speech
The doctrine on freedom of speech was formulated primarily for the
Sec. 3.  (1)  The privacy of communication and correspondence shall be protection of “core” speech, i.e. speech which communicates political, social
inviolable except upon lawful order of the court, or when public safety or or religious ideas.  These enjoy the same degree of protection.  Commercial
order requires otherwise as prescribed by law. speech, however, does not.
(2)    Any evidence obtained in violation of this or the preceding section shall  
be inadmissible for any purpose in any proceedings. Commercial Speech
  1. A communication which no more than proposes a commercial
R.A. 4200 (Anti-Wiretapping Act) transaction.
- The law does not distinguish between a party to the private 1. To enjoy protection:
communication or a third person.  Hence, both a party and a third person 1. It must not be false or misleading; and
could be held liable under R.A. 4200 if they commit any of the prohibited acts 2. It should not propose an illegal transaction.
under R.A. 4200 (Ramirez v. Ca) 1. Even truthful and lawful commercial speech may be regulated if:
1. Government has a substantial interest to protect;
The use of a telephone extension to overhear a private conversation 2. The regulation directly advances that interest; and
is not a violation of R.A. 4200 because it is not similar to any of the 3. It is not more extensive than is necessary to protect
prohibited devices under the law.  Also, a telephone extension is not that interest.  (Central Hudson Gas and Electric Corp. v.
purposely installed for the purpose of secretly intercepting or recording Public Service Commission of NY, 447 US 557)
private communication.  (Gaanan v. IAC, 145 SCRA 112)
Unprotected Speech show the coercive effect of the legislation as it operates against him
1.      LIBEL in the practice of his religion.  While the freedom to believe (non-
FAIR COMMENT (U.S. Rule).  These are statements of OPINION, not establishment) is absolute, the moment such belief flows over into
of fact, and are not considered actionable, even if the words used are action, it becomes subject to government regulation.
neither mild nor temperate.  What is important is that the opinion is the
true and honest opinion of the person.  The statements are not used to Requisites for government aid to be allowable:
attack personalities but to give one’s opinion on decisions and actions. 1. It must have a secular legislative purpose;
OPINIONS.  With respect to public personalities (politicians, actors, 2. It must have a primary effect that neither advances nor inhibits
anyone with a connection to a newsworthy event), opinions can be religion;
aired regarding their public actuations.  Comment on their private lives, 3. It must not require excessive entanglement with recipient
if not germane to their public personae, are not protected. institutions.
2.      OBSCENITY
A. Test for obscenity (Miller v. California) Sec. 6.  The liberty of abode and of changing the same within the limits
1. Whether the average person, applying contemporary community prescribed by law shall not be impaired except upon lawful order of the
standards would find that the work, taken as a whole, appeals to court.  Neither shall the right to travel be impaired except in the interest of
the prurient interest. national security, public safety or public health, as may be provided by law.
2. Whether the work depicts or describes, in a patently offensive  
way, sexual conduct, specifically defined by law. Rights guaranteed under Section 6:
3. Whether the work, taken as a whole, lacks serious literary, artistic, 1. Freedom to choose and change one’s place of abode.
political or scientific value. 2. Freedom to travel within the country and outside.
 
B. Procedure for seizure of allegedly obscene publications Curtailment of rights:
1. Authorities must apply for issuance of search warrant.
2. Court must be convinced that the materials are obscene.  Apply RIGHT MANNER OF CURTAILMENT
clear and present danger test. 1. Liberty of abode Lawful order of the court and within
the limits prescribed by law.
C. Judge will determine whether they are in fact “obscene”. 2. Right to travel May be curtailed even by
administrative officers (ex. passport
D. Judge will issue a search warrant. officers) in the interest of national
security, public safety, or public
E. Proper action should be filed under Art. 201 of the RPC. health, as may be provided by law.

F. Conviction is subject to appeal. Note:  The right to travel and the liberty of abode are distinct from the right to
return to one’s country, as shown by the fact that the Declaration of Human
Right of Assembly and Petition Rights and the Covenant on Human Rights have separate guarantees for
- The standards for allowable impairment of speech and press also these.  Hence, the right to return to one’s country is not covered by the
apply to the right of assembly and petition. specific right to travel and liberty of abode.  (Marcos v. Manglapus)

Rules on assembly in public places: Sec. 7.  The right of the people to information on matters of public concern
- Applicant should inform the licensing authority of the date, the public shall be recognized.
place where and the time when the assembly will take place.  
- The application should be filed ahead of time to enable the public Rights guaranteed under Section 7
official concerned to appraise whether there are valid objections to the 1. Right to information on matters of public concern
grant of the permit or to its grant, but in another public place.  The 2. Right of access to official records and documents
grant or refusal should be based on the application of the Clear and
Present Danger Test. Persons entitled to the above rights
- If the public authority is of the view that there is an imminent and Only Filipino citizens.
grave danger of a substantive evil, the applicants must be heard on
the matter. Discretion of government
- The decision of the public authority, whether favorable or adverse, The government has discretion with respect to the authority to determine
must be transmitted to the applicants at the earliest opportunity so that what matters are of public concern and the authority to determine the
they may, if they so desire, have recourse to the proper judicial manner of access to them.
authority.
Recognized restrictions on the right of the people to information:
Rules on assembly in private properties: 1. National security matters
Only the consent of the owner of the property or person entitled to 2. Intelligence information
possession thereof is required. 3. Trade secrets
4. Banking transactions
Sec. 5.  No law shall be made respecting an establishment of religion, or 5. Diplomatic correspondence
prohibiting the free exercise thereof.  The free exercise and enjoyment of 6. Executive sessions
religious profession and worship, without discrimination or preference, shall 7. Closed door cabinet meetings
forever be allowed.  No religious test shall be required for the exercise of civil 8. Supreme Court deliberations
or political rights.
  Sec. 8.  The right of the people, including those employed in the public and
Clauses under Section 5 private sectors, to form unions, associations, or societies for purposes not
1. Non-establishment clause contrary to law, shall not be abridged.
2. Free exercise of Religion
The right to form associations shall not be impaired without due process of
Distinction between the clauses (School District v. Schempp, 374 US 203) law and is thus an aspect of the right of liberty.  It is also an aspect of the
1. The non-establishment clause does not depend upon any freedom of contract.  In addition, insofar as the associations may have for
showing of direct governmental compulsion.  It is violated by the their object the advancement of beliefs and ideas, the freedom of association
enactment of laws which establish an official religion whether those is an aspect of the freedom of speech and expression, subject to the same
laws operate directly to coerce non-observing individuals or not.  limitation.
The test of compliance with the non-establishment clause can be
stated as follows: What are the purposes and primary effect of the The right also covers the right not to join an association.
enactment?  If either is the advancement or inhibition of religion, the Government employees have the right to form unions.  They also have the
law violates the non-establishment clause.  Thus, in order for a law right to strike, unless there is a statutory ban on them.
to comply with the non-establishment clause, two requisites must
be met.  First, it has a secular legislative purpose.  Second, its Sec. 9.  Private property shall not be taken for public use without just
primary effect neither advances nor inhibits religion. compensation.
1. The free exercise of religion clause withdraws from legislative
power the exertion of any restraint on the free exercise of religion.  Who can exercise the power of eminent domain:
In order to show a violation of this clause, the person affected must 1)      The national government
 1. Congress
2. Executive, pursuant to legislation enacted by Congress
2)      Local government units, pursuant to an ordinance enacted by their
respective  legislative bodies (under LGC)
3)      Public utilities, as may be delegated by law.
When is the exercise of the power of eminent domain necessary?
- It is only necessary when the owner does not want or opposes the sale
of his property.  Thus, if a valid contract exists between the government and
the owner, the government cannot exercise the power of eminent domain as
a substitute to the enforcement of the contract.
Elements of the power of eminent domain
1)      There is a TAKING of private property
2)      Taking is for PUBLIC USE
3)      Payment of JUST COMPENSATION
“TAKING”
 
A.  Elements:  CODE:  E P A P O
1. The expropriator enters the property
2. The entrance must not be for a momentary period, i.e., it must be
permanent
3. Entry is made under warrant or color of legal authority
4. Property is devoted to public use
5. Utilization of the property must be in such a way as to oust the
owner and deprive him of the beneficial enjoyment of his property.
B.  Compensable taking does not need to involve all the property interests
which form part of the right of ownership.  When one or more of the property
rights are appropriated and applied to a public purpose, there is already a
compensable taking, even if bare title still remains with the owner.
“PUBLIC USE”
1. Public use, for purposes of expropriation, is synonymous with
public welfare as the latter term is used in the concept of police
power.
Examples of public use include land reform and socialized housing.
“JUST COMPENSATION”
1. Compensation is just if the owner receives a sum equivalent to
the market value of his property.  Market value is generally defined
as the fair value of the property as between one who desires to
purchase and one who desires to sell.
2. The point of reference use in determining fair value is the value at
the time the property was taken.  Thus, future potential use of the
land is not considered in computing just compensation.
Judicial review of the exercise of the power of eminent domain
1. To determine the adequacy of the compensation
2. To determine the necessity of the taking
3. To determine the “public use” character of the taking.  However, if
the expropriation is pursuant to a specific law passed by Congress,
the courts cannot question the public use character of the taking.
When municipal property is taken by the State:
Compensation is required if the property is a patrimonial property, that is,
property acquired by the municipality with its private funds in its corporate or
private capacity.  However, if it is any other property such a public buildings
or legua comunal held by the municipality for the State in trust for the
inhabitants, the State is free to dispose of it at will.
Point of reference for valuating a piece of property:
General rule:  The value must be that as of the time of the filing of the
complaint for expropriation.
Exception:  When the filing of the case comes later than the time of taking
and meanwhile the value of the property has increased because of the use
to which the expropriator has put it, the value is that of the time of the earlier
taking.  BUT if the value increased independently of what the expropriator
did, then the value is that of the latter filing of the case.
Sec. 10.  No law impairing the obligation of contracts shall be passed.
When does a law impair the obligation of contracts:
1)      If it changes the terms and conditions of a legal contract either as to
the time or mode of performance
2)      If it imposes new conditions or dispenses with those expressed
3)      If it authorizes for its satisfaction something different from that provided
in its terms.
A mere change in PROCEDURAL REMEDIES which does not change the
substance of the contract, and which still leaves an efficacious remedy for
enforcement does NOT impair the obligation of contracts.
A valid exercise of police power is superior to obligation of contracts.
Sec. 12.  Rights of person under investigation for the commission of an
offense.
Rights of person under investigation for the Commission of an offense
CODE:  SCISI
1)      Right to remain silent
2)      Right to have competent and independent counsel, preferably of his
own choice
3)      Right to provided with the services of counsel if he cannot afford the
services of one.
4)      Right to be informed of these rights.
When rights are available:
1)      AFTER a person has been taken into custody or
2)      When a person is otherwise deprived of his freedom of action in any
significant way.
3)      When the investigation is being conducted by the government (police,
DOJ, NBI) with respect to a criminal offense.
4)      Signing of arrest reports and booking sheets.
When rights are not available:
1)      During a police line-up.  Exception:  Once there is a move among the
investigators to elicit admissions or confessions from the suspect.
2)      During administrative investigations.
3)      Confessions made by an accused at the time he voluntarily
surrendered to the police or outside the context of a formal investigation.
4)      Statements made to a private person.
Exclusionary rule
1)      Any confession or admission obtained in violation of this section shall
be inadmissible in evidence against him (the accused).
2)      Therefore, any evidence obtained by virtue of an illegally obtained
confession is also inadmissible, being the fruit of a poisoned tree.
Requisites of valid waiver:
1)      Waiver should be made in WRITING
2)      Waiver should be made in the PRESENCE OF COUNSEL.
Sec. 13.  Right to bail
Who are entitled to bail:
1)      All persons ACTUALLY DETAINED
2)      shall, BEFORE CONVICTION
3)      Be entitled to bail.
Who are not entitled to bail:
1)        Persons charged with offenses PUNISHABLE by RECLUSION
PERPETUA or DEATH, when evidence of guilt is strong
2)        Persons CONVICTED by the trial court.  Bail is only discretionary
pending appeal.
3)        Persons who are members of the AFP facing a court martial.
Other rights in relation to bail.
1)      The right to bail shall NOT be impaired even when the privilege of the
writ of habeas corpus is suspended.
2)      Excessive bail shall not be required.
Factors considered in setting the amount of bail:
1)      Ability to post bail
2)      Nature of the offense
3)      Penalty imposed by law
4)      Character and reputation of the accused
5)      Health of the accused
6)      Strength of the evidence
7)      Probability of appearing at the trial
8)      Forfeiture of previous bail bonds
9)      Whether accused was a fugitive from justice when arrested
10)  If accused is under bond in other cases
Implicit limitations on the right to bail:
1. The person claiming the right must be in actual detention or
custody of the law.
2. The constitutional right is available only in criminal cases, not, e.g.
in deportation proceedings.
Note: 
1. Right to bail is not available in the military.
2. Apart from bail, a person may attain provisional liberty through
recognizance.
Sec. 14. Rights of an accused
Rights of a person charged with a criminal offense
 1. Right to due process of law
2. Right to be presumed innocent
3. Right to be heard by himself and counsel
4. Right to be informed of the nature and cause of the accusation
against him
5. Right to have a speedy, impartial and public trial
6. Right to meet the witnesses face to face
7. Right to have compulsory process to secure the attendance of
witnesses and the production of evidence in his behalf
 
“DUE PROCESS”
This means that the accused can only be convicted by a tribunal which is
required to comply with the stringent requirements of the rules of criminal
procedure.
“PRESUMPTION OF INNOCENCE”
The Constitution does not prohibit the legislature from providing that proof of
certain facts leads to a prima facie presumption of guilt, provided that the
facts proved have a reasonable connection to the ultimate fact presumed.
Presumption of guilt should not be conclusive.
 
“RIGHT TO BE HEARD BY HIMSELF AND COUNSEL”
The right to be heard includes the following rights:
1. Right to be present at the trial
- The right to be present covers the period from ARRAIGNMENT to
PROMULGATION of sentence.
- After arraignment, trial may proceed notwithstanding absence of
accused, provided 2 requisites are met. Note, that trial in absentia is
allowed only if the accused has been validly arraigned.
(i)   Accused has been duly notified; and
(ii)  His failure to appear is unjustifiable.
- The accused may waive the right to be present at the trial by not
showing up. However, the court can still compel the attendance of the
accused if necessary for identification purposes. Exception: If the
accused, after arraignment, has stipulated that he is indeed the person
charged with the offense and named in the information, and that any time
a witness refers to a name by which he is known, the witness is to be
understood as referring to him.
- While the accused is entitled to be present during promulgation of
judgement, the absence of his counsel during such promulgation does not
affect its validity.
2.  Right to counsel
(a)    Right to counsel means the right to EFFECTIVE REPRESENTATION.
(b)   If the accused appears at arraignment without counsel, the judge must:
(i)     Inform the accused that he has a right to a counsel before arraignment
(ii)   Ask the accused if he desires the aid of counsel
(iii) If the accused desires counsel, but cannot afford one, a counsel de oficio
must be appointed
(iv) If the accused desires to obtain his own counsel, the court must give him
a reasonable time to get one.
3.  Right to an impartial judge
4.  Right of confrontation and cross-examination
5.  Right to compulsory process to secure the attendance of witnesses
“RIGHT TO BE INFORMED OF THE NATURE AND CAUSE OF
ACCUSATION AGAINST HIM”
Purposes of the right:
1)      To furnish the accused with a description of the charge against him as
will enable him to make his defenses
2)      To avail himself of his conviction or acquittal against a further
prosecution for the same cause
3)      To inform the court of the facts alleged.
If the information fails to allege the material elements of the offense, the
accused cannot be convicted thereof even if the prosecution is able to
present evidence during the trial with respect to such elements.
The real nature of the crime charged is determined from the recital of facts in
the information. It is not determined based on the caption or preamble
thereof nor from the specification of the provision of law allegedly violated
“RIGHT TO SPEEDY, IMPARTIAL AND PUBLIC TRIAL”
Factors used in determining whether the right to a speedy trial has been
violated.
1)      Time expired from the filing of the information
2)      Length of delay involved
3)      Reasons for the delay
4)      Assertion or non-assertion of the right by the accused
5)      Prejudice caused to the defendant.
Effect of dismissal based on the ground of violation of the accused’s right to
speedy trial
If the dismissal is valid, it amounts to an acquittal and can be used as basis
to claim double jeopardy. This would be the effect even if the dismissal was
made with the consent of the accused
Remedy of the accused if his right to speedy trial has been violated
He can move for the dismissal of the case.
If he is detained, he can file a petition for the issuance of writ of habeas
corpus.
Definition of impartial trial
The accused is entitled to the “cold neutrality of an impartial judge”.
It is an element of due process.
Definition of public trial
The attendance at the trial is open to all irrespective of their relationship to
the accused.  However, if the evidence to be adduced is “offensive to
decency or public morals”, the public may be excluded.
The right of the accused to a public trial is not violated if the hearings are
conducted on Saturdays, either with the consent of the accused or if failed to
object thereto.
“RIGHT TO MEET WITNESS FACE TO FACE”
Purposes of the right:
1. To afford the accused an opportunity to cross-examine the
witness
2. To allow the judge the opportunity to observe the deportment of
the witness
Failure of the accused to cross-examine a witness
If the failure of the accused to cross-examine a witness is due to his own
fault or was not due to the fault of the prosecution, the testimony of the
witness should be excluded.
When the right to cross-examine is demandable
It is demandable only during trials. Thus, it cannot be availed of during
preliminary investigations.
Principal exceptions to the right of confrontation
1. The admissibility of “dying declarations”
2. Trial in absentia under Section 14(2)
3. With respect to child testimony
Sec 16.  All persons shall have the right to a speedy disposition of their
cases before all judicial, quasi-judicial, or administrative bodies.
Distinction between Section 14 and Section 16
While the rights of an accused only apply to the trial phase of criminal cases,
the right to a speedy disposition of cases covers ALL phases of JUDICIAL,
QUASI-JUDICIAL or ADMINISTRATIVE proceedings.
Sec. 17.  No person shall be compelled to be a witness against himself.
When is a question incriminating:
A question tends to incriminate when the answer of the accused or the
witness would establish a fact which would be a necessary link in a chain of
evidence to prove the commission of a crime by the accused or the witness.
Distinction between an accused and an ordinary witness
1. An accused can refuse to take the witness stand by invoking the
right against self-incrimination.
2. An ordinary witness cannot refuse to take the stand.  He can only
refuse to answer specific questions which would incriminate him in
the commission of an offense.
Scope of right
1. What is PROHIBITED is the use of physical or moral compulsion
to extort communication from the witness or to otherwise elicit
evidence which would not exist were it not for the actions compelled
from the witness.
2. The right does NOT PROHIBIT            the examination of the
body of the accused or the use of findings with respect to his body
as physical evidence.  Hence, the fingerprinting of an accused
would not violate the right against self-incrimination.  However,
obtaining a sample of the handwriting of the accused would violate
this right if he is charged for falsification.
3. The accused cannot be compelled to produce a private document
in his possession which might tend to incriminate him.  However, a
third person in custody of the document may be compelled to
produce it.
When the right can be invoked:
1. In criminal cases
 2. In administrative proceedings if the accused is liable to a penalty
(Ex. Forfeiture of property)
Who can invoke the right:
Only natural persons.  Judicial persons are subject to the visitorial powers of
the state in order to determine compliance with the conditions of the charter
granted to them.
Sec. 18.  Right against involuntary servitude
Definition of involuntary servitude
It is every condition of enforced or compulsory service of one to another no
matter under what form such servitude may be disguised.
Exceptions:
1. Punishment for a crime for which the party has been duly
convicted
2. Personal military or civil service in the interest of national defense
3. Return to work order issued by the DOLE Secretary or the
President
Sec. 19.  Prohibition against cruel, degrading and inhuman punishment
When is a penalty “cruel, degrading and inhuman”?
1. A penalty is cruel and inhuman if it involves torture or lingering
suffering.  Ex. Being drawn and quartered.
2. A penalty is degrading if it exposes a person to public humiliation.  5)      If the dismissal was made with grave abuse of discretion.
Ex.  Being tarred and feathered, then paraded throughout town.
Standards used:
1. The punishment must not be so severe as to be degrading to the
dignity of human beings.
2. It must not be applied arbitrarily.
3. It must not be unacceptable to contemporary society
4. It must not be excessive, i.e. it must serve a penal purpose more
effectively than a less severe punishment would.
Excessive fine
A fine is excessive, when under any circumstance, it is disproportionate to
the offense.
Note:  Fr. Bernas says that the accused cannot be convicted of the crime to
which the punishment is attached if the court finds that the punishment is
cruel, degrading or inhuman.
Reason:  Without a valid penalty, the law is not a penal law.
Sec. 20.  No person shall be imprisoned for debt or non-payment of a poll
tax.
Definition of debt under Section 20
1)      Debt refers to a CONTRACTUAL obligation, whether express or
implied, resulting in any liability to pay money.  Thus, all other types of
obligations are not within the scope of this prohibition.
2)      Thus, if an accused fails to pay the fine imposed upon him, this may
result in his subsidiary imprisonment because his liability is ex delicto and
not ex contractu.
3)      A FRAUDULENT debt may result in the imprisonment of the debtor if:
1. The fraudulent debt constitutes a crime such as estafa and
2. The accused has been duly convicted.
Sec. 21.  No person shall be twice put in jeopardy of punishment for the
same offense.  If an act punished by a law and an ordinance, conviction or
acquittal under either shall constitute a bar to another prosecution for the
same act.
Requisites for a valid defense of double jeopardy:  CODE: ATS
1)      First jeopardy must have attached prior to the second.
2)      The first jeopardy must have terminated.
3)      The second jeopardy must be for the same offense as that in the first.
When does jeopardy ATTACH:  (1st requisite) CODE:  CICAV
1)      A person is charged
2)      Under a complaint or information sufficient in form and substance to
sustain a conviction
3)      Before a court of competent jurisdiction
4)      After the person is arraigned
5)      Such person enters a valid plea.
When does jeopardy NOT attach:
1)  If information does not charge any offense
2)  If, upon pleading guilty, the accused presents evidence of complete self-
defense, and the court thereafter acquits him without entering a new plea of
not guilty for accused.
3) If the information for an offense cognizable by the RTC is filed with the
MTC.
4)  If a complaint filed for preliminary investigation is dismissed.
When does first jeopardy TERMINATE:  (2ND REQUISITE)
1)      Acquittal
2)      Conviction
3)      Dismissal W/O the EXPRESS consent of the accused
4)      Dismissal on the merits.
Examples of termination of jeopardy:
1)       Dismissal based on violation of the right to a speedy trial.  This
amounts to an acquittal.
2)       Dismissal based on a demurrer to evidence.  This is a dismissal on the
merits.
3)       Dismissal on motion of the prosecution, subsequent to a motion for
reinvestigation filed by the accused.
4)       Discharge of an accused to be a state witness.  This amounts to an
acquittal.
When can the PROSECUTION  appeal from an order of dismissal:
1)      If dismissal is on motion of the accused.  Exception:  If motion is based
on violation of the right to a speedy trial or on a demurrer to evidence.
2)      If dismissal does NOT amount to an acquittal or dismissal on the merits
3)      If the question to be passed upon is purely legal.
4)      If the dismissal violates the right of due process of the prosecution.
What are considered to be the “SAME OFFENSE”:  (under the 1st sentence
of Section 21)
1)      Exact identity between the offenses charged in the first and second
cases.
2)      One offense is an attempt to commit or a frustration of the other
offense.
3)      One offense is necessarily included or necessary includes the other.
Note:  where a single act results in the violation of different laws or different
provisions of the same law, the prosecution for one will not bar the other so
long as none of the exceptions apply.
Definition of double jeopardy (2nd sentence of Sec. 21)
Double jeopardy will result if the act punishable under the law and the
ordinance are the same.  For there to be double jeopardy, it is not necessary
that the offense be the same.
SUPERVENING FACTS
1)      Under the Rules of Court, a conviction for an offense will not bar a
prosecution for an offense which necessarily includes the offense charged in
the former information where:
1. The graver offense developed due to a supervening fact arising
from the same act or omission constituting the former charge.
2. The facts constituting the graver offense became known or were
discovered only after the filing of the former information.
3. The plea of guilty to the lesser offense was made without the
consent of the fiscal and the offended party.
2)      Under (1)(b), if the facts could have been discovered by the
prosecution but were not discovered because of the prosecution’s
incompetence, it would not be considered a supervening event.
Effect of appeal by the accused:
If the accused appeals his conviction, he WAIVES his right to plead double
jeopardy.  The whole case will be open to review by the appellate court. 
Such court may even increase the penalties imposed on the accused by the
trial court.
Sec. 22.  No ex post facto law or bill of attainder shall be enacted.
Definition of ex-post facto law.
1)       One which makes an action done before the passing of the law, and
which was innocent when done, criminal, and punishes such action.
2)       One which aggravates the crime or makes it greater than when it was
committed.
3)       One which changes the punishment and inflicts a greater punishment
than that which the law annexed to the crime when it was committed.
4)       One which alters the legal rules of evidence and receives less
testimony than the law required at the time of the commission of the offense
in order to convict the accused.
5)       One which assumes to regulate civil rights and remedies only BUT, in
effect, imposes a penalty or deprivation of a right, which, when done, was
lawful.
6)       One which deprives a person accused of a crime of some lawful
protection to which he has become entitled such as the protection of a
former conviction or acquittal, or a proclamation of amnesty.
Note:  The prohibition on ex post facto laws only applies to retrospective 3. By subscribing oath or allegiance to a foreign Constitution
PENAL laws. 4. By serving in the armed forces of an enemy country
5. By being a deserter of the armed forces of one’s country
Definition of BILL OF ATTAINDER
1)      A bill of attainder is a LEGISLATIVE act which inflicts punishment W/O How may one reacquire citizenship:
JUDICIAL trial. 1. By direct act of Congress
2)      The bill of attainder does not need to be directed at a specifically 2. By naturalization
named person.  It may also refer to easily ascertainable members of a group 3. By repatriation
in such a way as to inflict punishment on them without judicial trial.
3)      Elements of the bill of attainder ARTICLE V – SUFFRAGE
1. There must be a LAW.  
2. The law imposes a PENAL burden on a NAMED Qualifications:                                                CODE:  CD18RR
INVIDIDUAL/EASILY ASCERTAINABLE MEMBERS of a GROUP. 1)      Citizen of the Philippines
3. The penal burden is imposed DIRECTLY by the LAW W/O 2)      Not Disqualified by law
JUDICIAL trial. 3)      At least 18 years old
4)      Resident of the Philippines for at least 1 year
ARTICLE IV – CITIZENSHIP 5)      Resident of the place wherein he/she proposes to vote for at least 6
  months immediately preceding the election.
Who are citizens of the Philippines?
1)      Those who are citizens of the Philippines at the time of the adoption of Note:  NO literacy, property or other substantive requirement can be
the 1987 Constitution imposed on the exercise of suffrage.
2)      Those whose fathers or mothers are citizens of the Philippines.  
3)      Those born before January 17, 1973 of Filipino mothers, who elect Residency requirement
Philippine citizenship upon reaching the age of majority. Residency, under Article V has 2 senses:
4)      Those who are naturalized in accordance with law. 1.  DOMICILE – This is in reference to the 1 year residency requirement in
the Philippines.
Modes of acquiring citizenship: 2.  TEMPORARY RESIDENCE – This is in reference to the 6 month
1)      Jus Soli – acquisition of citizenship on the basis of place of birth residency requirement in the place where one wants to vote.  In this case,
2)      Jus Sanguinis – acquisition of citizenship on the basis of blood residence can either mean domicile or temporary residence.
relationship  
3)      Naturalization – the legal act of adopting an alien and clothing him with Disqualifications:
the privilege of a native-born citizen. 1)      Any person sentenced by final judgment to imprisonment of not less
Note:  The Philippines follows (2) and (3) than 1 year, which disability has not been removed by plenary pardon.
2)      Any person adjudged by final judgment of having violated his
Election of citizenship under the 1987 Constitution: allegiance to the Republic of the Philippines.
Prior to the 1973 Constitution, if a Filipina married an alien, she lost her 3)      Insane or feeble-minded persons.
Filipino citizenship.  Hence, her child would have to elect Filipino citizenship  
upon reaching the age of majority.  Under the 1973 Constitution, however, Note:  Under the 2nd disqualification, the right to vote is automatically re-
children born of Filipino mothers were already considered Filipinos.  acquired upon the expiration of 5 years after the service of sentence.

Therefore, the provision on election of citizenship under the 1987
Constitution only applies to those persons who were born under the 1935
Constitution.  In order for the children to elect Filipino citizenship, the
mothers must have been Filipinos at the time of their marriage.  So, if your
mother was a Filipina who married an alien under the 1935 constitution and
you were born before January 17, 1973, you can elect Filipino citizenship
upon reaching the age of majority.
When must the election be made:
The election must be made within a reasonable period after reaching the age
of majority.
Effects of naturalization:
1)      The legitimate minor children of the naturalized father become Filipinos
as well.
2)      The wife also becomes a Filipino citizen, provided that she does not
have any disqualification which would bar her from being naturalized.
Natural-born citizens:
1)      Citizens of the Philippines from birth who do not need to perform any
act to acquire or perfect their Philippine citizenship.
2)      Those who elect Philippine citizenship under Art. IV, Sec. 1(3) of 1987
Constitution.
Marriage of Filipino with an alien:
1)      General Rule:  The Filipino RETAINS Philippine citizenship
2)      Exception:  If, by their act or omission they are deemed, under the
law, to have renounced it.
Examples of renunciation of Philippine citizenship:
1)      Voluntarily obtaining foreign passport
2)      Pledging allegiance to another country (ex. by becoming a naturalized
citizen of another country)
Re-acquisition of citizenship
Natural-born Filipinos who are deemed to have lost their citizenship may re-
acquire the same via repatriation proceedings.  This involves taking an oath
of allegiance and filing the same with the civil registry.
How may one lose citizenship:
1. By naturalization in a foreign country
2. By express renunciation of citizenship
ARTICLE VI – THE LEGISLATIVE DEPARTMENT
Sec. 1.  The legislative power shall be vested in the Congress of the
Philippines, which shall consist of a Senate and a House of Representatives,
except to the extent reserved to the people by the provision on initiative and
referendum.
 
Definition of Legislative Power:
The authority to make laws and to alter or repeal them.
Classification of legislative power: (O De CO)
1. Original – Possessed by the people in their sovereign capacity
2. Delegated – Possessed by Congress and other legislative bodies
by virtue of the Constitution
3. Constituent – The power to amend or revise the Constitution
4. Ordinary – The power to pass ordinary laws
Note:
The original legislative power of the people is exercised via initiative and
referendum.  In this manner, people can directly propose and enact laws, or
approve or reject any act or law passed by Congress or a local government
unit.
 
Limits on the legislative power of Congress:
1. Substantive – limitations on the content of laws. E.g. no law shall
be passed establishing a state religion.
1. Procedural – limitations on the manner of passing laws. E.g.
generally a bill must go through three readings on three separate
days.
Note:
Provided that these two limitations are not exceeded, Congress’ legislative
power is plenary.
 
Corollaries of legislative power:
1. Congress cannot pass irrepealable laws.  Since Congress’
powers are plenary, and limited only by the Constitution, any
attempt to limit the powers of future Congresses via an irrepealable
law is not allowed.
1. Congress, as a general rule, cannot delegate its legislative
power.  Since the people have already delegated legislative power
to Congress, the latter cannot delegate it any further.
EXCEPTIONS:
1. Delegation of legislative power to local government units;
 2. Instances when the Constitution itself allows for such delegation
[see Art. VI Sec. 23(2)] Distinctions between Term and Tenure
Definition
What may Congress delegate: Terms means the period during which the elected officer is legally
Congress can only delegate, usually to administrative agencies, RULE- authorized to assume his office and exercise the powers thereof.
MAKING POWER or LAW EXECUTION.  This involves either of two tasks for Tenure is the actual period during which such officer actually holds his
the administrative agencies: position.
1. “Filling up the details” on an otherwise complete statute; or
2. Ascertaining the facts necessary to bring a “contingent” law or Limitation/Possible Reduction
provision into actual operation. 1. Term CANNOT be reduced.
2. Tenure MAY, by law, be limited.  Thus, a provision
Sec. 2-4.  SENATE which considers an elective office automatically vacated when the
holder thereof files a certificate of candidacy for another elective
Composition office (except President and Vice-President) is valid, as it only
24 senators who shall be elected at large by the qualified voters of the affects the officers tenure and NOT his constitutional term.
Philippines, as may be provided by law.
Party-List Representatives
Qualifications - Constitute 20% of the total number of representatives, including those
1. Natural-born citizen; under the party-list system (thus a maximum of 50 party-list members
2. At least 35 years old on the day of election; of the House)
3. Able to read and write; - However, for 3 consecutive terms from 2 February 1987 (i.e., the
4. A registered voter; and 1987-92, 92-95 and 95-98 terms), 25 seats shall be allotted to sectoral
5. Philippine resident for at least 2 years immediately preceding the representatives.  Under Art. XVIII, Sec. 7, the sectoral representatives
day of the election. are to be appointed by the President until legislation otherwise
Note:  The qualifications of both Senators and Members of the House are provides.
limited to those provided by the Constitution.  Congress cannot, by law, add
or subtract from these qualifications. Mechanics of the party-list system:
1. Registered organizations submit a list of candidates in
Term of Office: order of priority.
6 years, commencing (unless otherwise provided by law) at noon, 30 June 2. During the elections, these organizations are voted for
next following their election. at large.
3. The number of seats that each organization gets out of
Term Limitations: the 20% allotted to the system depends on the number of votes they
1. No Senator shall serve for more than 2 consecutive terms. get.
2. Voluntary renunciation of office for any length of time shall not be
considered as an interruption in the continuity of his service for the Qualifications
full term for which he was elected. 1. Natural born citizen of the Philippines
2. At least 25 years of age on the day of the election
Sec. 5-7.  HOUSE OF REPRESENTATIVES 3. Able to read and write

Composition:
1. Not more than 25 members, unless otherwise fixed by law; and
2. Party-list Representative
Election of 250 members
1. They shall be elected from legislative districts apportioned among
the provinces, cities and the Metropolitan Manila area.
2. Legislative districts are apportioned in accordance with the
number of inhabitants of each area and on the basis of a uniform
and progressive ratio.
1. Each district shall comprise, as far as practicable, contiguous,
compact and adjacent territory;
2. Each city with at least 250,000 inhabitants will be entitled to at
least one representative.
3. Each province will have at least one representative.
4. Legislative districts shall be re-apportioned by Congress within 3
years after the return of each census.  According to Jack, however,
while the apportionment of districts is NOT a political question, the
judiciary CANNOT compel Congress to do this.
5. The standards used to determine the apportionment of legislative
districts is meant to prevent ‘gerrymandering’, which is the
formation of a legislative district out of separate territories so as to
favor a particular candidate or party.
Sec. 9.  In case of vacancy in the Senate or in the House of Representatives,
a special election may be called to fill such vacancy in the manner
prescribed by law, but the Senator or Member of the House of
Representatives thus elected shall serve only for the unexpired term.  
Sec. 10.  Salaries of Senators and Members of the House
Determination of Salaries:
Salaries of Senators and Members of the House of Representatives shall be
determined by law.
Rule on increase in salaries:
No increase in their salaries shall take effect until after the EXPIRATION OF
THE FULL TERM (NOT TENURE) OF ALL THE MEMBERS OF THE
SENATE AND THE HOUSE OF REPRESENTATIVES APPROVING SUCH
INCREASE.
Note: Since the Constitution ‘provides for rules on “salaries” and not on
‘emoluments,’ our distinguished legislators can appropriate for themselves
other sums of money such as travel allowances, as well as other side
‘benefits.’
Sec. 11: CONGRESSIONAL IMMUNITIES

Qualifications 1.)    Immunity from arrest:

1. Natural born citizen of the Philippines; 1. Legislators are privileged from arrest while Congress is “in
2. At least 25 years old on the day of the election; session” with respect to offenses punishable by up to 6 years of
3. Able to read and write; imprisonment.  Thus, whether Congress is in regular or special
4. Registered voter in the district he seeks to represent; and session, the immunity from arrest applies.
5. A resident of such district for at least one year immediately 2. If Congress is in recess, members thereof may be arrested.
preceding the day of the election. 3. The immunity is only with respect to arrests and NOT to
prosecution for criminal offenses.
Term of Office
1. Each member of the House shall be elected for a term of three (3) 2.)    Legislative privilege:
years which shall commence (unless otherwise provided for by law) - No member shall be questioned or held liable in any forum other than
at noon on 30 June next following their election. his/her respective Congressional body for any debate or speech in the
2. Voluntary renunciation of office for any length of time shall not be Congress or in any Committee thereof.
considered as an interruption in the continuity of his service for the
full term for which he was elected. Limitation on the privilege:
(i)    Protection is only against forum other than Congress itself.  Thus for
Term Limitations inflammatory remarks which are otherwise privileged, a member may be
No member of the House of Representatives shall serve for more than three sanctioned by either the Senate or the House as the case may be.
(3) consecutive terms.
(ii)    The ‘speech or debate’ must be made in performance of their duties as
members of Congress.  This includes speeches delivered, statements made, Discipline:
votes cast, as well as bills introduced, and other activities done in 1.)    Suspension
performance of their official duties. 1. Concurrence of 2/3 of ALL its members and
(iii)   Congress need NOT be in session when the utterance is made, as long 2. Shall not exceed 60 days.
as it forms part of ‘legislative action,’ i.e. part of the deliberative and 2.)    Expulsion
communicative process used to participate in legislative proceedings in 1. Concurrence of 2/3 of ALL its members.
consideration of proposed legislation or with respect to other matters with
Congress’ jurisdiction. Congressional Journals and Records:
1.)    The Journal is conclusive upon the courts.
Sec. 12.  All Members of the Senate and the House of Representatives shall, 2.)    BUT an enrolled bill prevails over the contents of the Journal.
upon assumption of office, make a full disclosure of their financial and 3.)    An enrolled bill is the official copy of approved legislation and bears the
business interests.  They shall notify the House concerned of a potential certifications of the presiding officers of each House.  Thus where the
conflict of interest that may arise from the filing of a proposed legislation of certifications are valid and are not withdrawn, the contents of the enrolled bill
which they are authors. are conclusive upon the courts as regards the provision of that particular bill.
 
Sec. 13-14: CONGRESSIONAL DISQUALIFICATIONS: Adjournments:
1.)    Neither House can adjourn for more than 3 days during the time
Disqualifications: Congress is in session without the consent of the other House.
DISQUALIFICATION WHEN APPLICABLE 2.)    Neither can they adjourn to any other place than that where the two
1. Senator/Member of the House During his term. If he does so, he houses are sitting, without the consent of the other.
cannot hold any other office or forfeits his seat.
employment in the Government or Sec. 17: THE ELECTORAL TRIBUNAL
any subdivision, agency or
Instrumentality thereof, including The Senate and the House shall each have an Electoral Tribunal which shall
GOCCS or their subsidiaries. be composed of:
2. Legislators cannot be appointed IF the office was created or the 1. 3 Supreme Court Justices to be designated by the Chief Justice;
to any office. emoluments thereof increased &
during the term for which he was 2. 6 Members of the Senate or House, as the case may be.
elected. The senior Justice in the Electoral Tribunal shall be its Chairman.
3. Legislators cannot personally During his term of office. Note: The congressional members of the ET’s shall be chosen on the basis
appear as counsel before any court of proportional representation from the political parties and party-list
of justice, electoral tribunal, quasi- organizations.
judicial and administrative bodies.
4. Legislators cannot be financially During his term of office. Jurisdiction:
interested directly or indirectly in any 1.)    Each ET shall be the sole judge of all CONTESTS relating to the
contract with or in any franchise, or election, returns, and qualifications of their respective members.  This
special privilege granted by the includes determining the validity or invalidity of a proclamation declaring a
Government, or any subdivision, particular candidate as the winner.
agency or instrumentality thereof, 2.)    An ‘election contest’ is one where a defeated candidate challenges the
including any GOCC or its qualification and claims for himself the seat of a proclaimed winner.
subsidiary. 3.)    In the absence of an election contest, the ET is without jurisdiction. 
5. Legislators cannot intervene in When it is for his pecuniary benefit However, the power of each House to expel its own members or even to
any matter before any office of the or where he may be called upon to defer their oath-taking until their qualifications are determined may still be
government. act on account of his office. exercised even without an election contest.

  Issues regarding the Electoral Tribunals:

Sec. 15: REGULAR AND SPECIAL SESSIONS 1.)    Since the ET’s are independent constitutional bodies, independent even
of the House from which the members are respectively taken, neither
Regular Sessions: Congress nor the Courts may interfere with procedural matters relating to the
1.)    Congress convenes once every year on the 4th Monday of July (unless functions of the ET’s, such as the setting of deadlines or filing their election
otherwise provided for by law) contests with the respective ETs.
2.)    Continues in session for as long as it sees fit, until 30 days before the 2.)    The ETs being independent bodies, its members may not be arbitrarily
opening of the next regular session, excluding Saturdays, Sundays, and removed from their positions in the tribunal by the parties which they
legal holidays. represent.  Neither may they be removed for not voting according to party
lines, since they are acting independently of Congress.
Special Sessions: 3.)    The mere fact that the members of either the Senate or the House
Called by the President at any time when Congress is not in session. sitting on the ET are those which are sought to be disqualified due to the
filing of an election contest against them does not warrant all of them from
Sec. 16.  Officers: being disqualified from sitting in the ET.  The Constitution is quite clear that
1.)    Senate President; the ET must act with both members from the SC and from the Senate or the
2.)    Speaker of the House; and House.  If all the legislator-members of the ET were to be disqualified, the ET
3.)    Each House may choose such other officers as it may deem necessary. would not be able to fulfill its constitutional functions.
4.)    Judicial review of decisions of the ETs may be had with the SC only
Election of Officers insofar as the decision or resolution was rendered without or in excess of
By a majority vote of all respective members. jurisdiction or with grave abuse of discretion constituting denial of due
process.
Quorum to do business:
1. Majority of each House shall constitute a quorum. Sec. 18: THE COMMISSION ON APPOINTMENTS
2. A smaller number may adjourn from day to day and may compel
the attendance of absent members. Composition:
3. In computing a quorum, members who are outside the country 1.)    Senate President as ex-officio chairman;
and thus outside of each House’s coercive jurisdiction are not 2.)    12 Senators; and
included. 3.)    12 Members of the House.
Note: The 12 Senators and 12 Representatives are elected on the basis of
Internal Rules: proportional representation from the political parties and party-list
1. Each House shall determine its own procedural rules. organizations.
2. Since this is a power vested in Congress as part of its inherent
powers, under the principle of separation of powers, the courts Voting/Action
cannot intervene in the implementation of these rules insofar as 1.)    The chairman shall only vote in case of a tie.
they affect the members of Congress. 2.)    The CA shall act on all appointments within 30 session days from their
3. Also, since Congress has the power to make these rules, it also submission to Congress.
has the power to ignore them when circumstances so require. 3.)    The Commission shall rule by a majority vote of all the Members.
 1. Required by the security of state or required by public interest;
Jurisdiction and
1.)    CA shall confirm the appointments by the President with respect to the 2. When the President so states in writing
following positions:
1. Heads of the Executive Departments (except if it is the Vice- Sec. 23-24.  DECLARATION OF WAR/EMERGENCY POWERS
President who is appointed to the post).
2. Ambassadors, other public ministers or consuls. Vote requirement:  (to declare the existence of a state of war)
3. Officers of the AFP from the rank of Colonel or Naval Captain: 1. 2/3 of both Houses, in joint session
and 2. Voting separately
4. Other officers whose appointments are vested in him by the
Constitution (e.g. COMELEC members). Emergency powers:
2.)    Congress CANNOT by law prescribe that the appointment of a person 1. During times of war or other national emergency, Congress may,
to an office created by such law shall be subject to confirmation by the CA. BY LAW, authorize the President to exercise powers necessary and
3.)    Appointments extended by the President to the above-mentioned proper to carry out a declared national policy.
positions while Congress is not in session shall only be effective until 1. Limitations:
disapproval by the CA or until the next adjournment of Congress. 1. Powers will be exercised for a limited period only; and
2. Powers will be subject to restrictions prescribed by
Meetings of the CA Congress
1.)    CA meets only while Congress is in session. Expiration of emergency powers
2.)    Meetings are held either at the call of the Chairman or a majority of all 1. By resolution of Congress or
its members. 2. Upon the next adjournment of Congress
3.)    Since the CA is also an independent constitutional body, its rules of
procedure are also outside the scope of congressional powers as well as Sec. 24-27, 30-31 LEGISLATION
that of the judiciary.
Note:  The ET and the CA shall be constituted within 30 days after the Bills that must originate from the House of Representatives (Section 24)   
Senate and the House of Representative shall have been organized with the CODE: A R T Pu Lo P
election of the President and the Speaker. 1. Appropriation bills
2. Revenue bills
Sec. 21-22: LEGISLATIVE INQUIRIES 3. Tariff bills
4. Bills authorizing the increase of public debt
Scope: 5. Bills of local application
1. Either House or any of their committees may conduct inquires ‘in 6. Private bills
aid of legislation’. Note:  The Senate may, however, propose or concur with amendments.
2. “In aid of legislation” does not mean that there is pending
legislation regarding the subject of the inquiry.  In fact, investigation Appropriation bills
may be needed for purposes of proposing future legislation. 1. The primary and specific aim of an appropriation bill is to
3. If the stated purpose of the investigation is to determine the appropriate a sum of money from the public treasury.
existence of violations of the law, the investigation is no longer ‘in 1. Thus, a bill enacting the budget is an appropriations bill.
aid of legislation’ but ‘in aid of prosecution’.  This violates the 1. BUT:  A bill creating a new office, and appropriating funds therefor
principle of separation of powers and is beyond the scope of is NOT an appropriation bill.
congressional powers.
Revenue Bill
Enforcement: 1. A revenue bill is one specifically designed to raise money or
- Since experience has shown that mere requests for information does revenue through imposition or levy.
not usually work, Congress has the inherent power to punish 1. Thus, a bill introducing a new tax is a revenue bill, but a provision
recalcitrant witnesses for contempt, and may have them incarcerated in, for instance, the Videogram Regulatory Board law imposing a
until such time that they agree to testify. tax on video rentals does not make the law a revenue bill.
- The continuance of such incarceration only subsists for the lifetime, or
term, of such body.  Once the body ceases to exist after its final Bills of local application
adjournment, the power to incarcerate ceases to exist as well.  Thus, A bill of local application, such as one asking for the conversion of a
each ‘Congress’ of the House lasts for only 3 years.  But if one is municipality into a city, is deemed to have originated from the House
incarcerated by the Senate, it is indefinite because the Senate, with its provided that the bill of the House was filed prior to the filing of the bill in the
staggered terms, is a continuing body. Senate even if, in the end, the Senate approved its own version.
- BUT, in order for a witness to be subject to this incarceration, the
primary requirement is that the inquiry is within the scope of Congress’ Limitations:
powers. i.e. it is in aid of legislation. 1. For appropriation bills:
- The materiality of a question is determined not by its connection to 1. Congress cannot increase the appropriations recommended by
any actually pending legislation, but by its connection to the general the President for the operation of the Government as specified in
scope of the inquiry. the budget.
- The power to punish for contempt is inherent in Congress and this 1. Each provision or enactment in the General Appropriations Bill
power is sui generis.  It cannot be exercised by local government units must relate specifically to some particular appropriation therein and
unless they are expressly authorized to do so. any such provision or enactment must be limited in its operation to
the appropriation to which it relates.
Limitations: 1. The procedure in approving appropriations for Congress shall
- The inquiry must be conducted in accordance with the ‘duly published strictly follow the procedure for approving appropriations for other
rules of procedure’ of the House conducting the inquiry; and departments and agencies.
- The rights of persons appearing in or affected by such inquiries shall 1. A special appropriations bill must specify the purpose for which it
be respected.  Ex. The right against self-incrimination. is intended and must be supported by funds actually available as
certified by the National Treasurer or to be raised by a
Appearance by department heads before Congress: corresponding revenue proposal therein.
- Since members of the executive department are co-equals with those
of the legislative department, under the principle of separations of Transfer of appropriations:
powers, department heads cannot be compelled to appear before 1. Rule:  No law shall be passed authorizing any transfer of
Congress.  Neither may the department heads impose their appropriations
appearance upon Congress. 2. BUT the following may, BY LAW, be authorized to AUGMENT any
- Department heads may appear before Congress in the following item in the general appropriations law for their respective offices
instances. from savings in other items of their respective appropriations
- Upon their own initiative, with the consent of the President (and that of -          President
the House concerned); or -          President of the Senate
- Upon the request of either House (which cannot compel them to -          Speaker of the House of Representatives
attend) -          Chief of Justice of the Supreme Court
- The appearance will be conducted in EXECUTIVE SESSION when: -          Heads of the Constitutional Commissions
  Discretionary funds appropriated for particular officials shall be:
1. Disbursed only for public purposes;
2. Should be supported by appropriate vouchers; and
3. Subject to guidelines as may be prescribed by law.
 If Congress fails to pass General Appropriations Bill (GAB) by the
end of any fiscal year:
i.  The GAB for the previous year is deemed reenacted
ii.  It will remain in full force and effect until the GAB is passed by
Congress.
- For law granting tax exemption
It should be passed with the concurrence of a MAJORITY of ALL the
members of Congress.
- For bills in general
Every bill shall embrace only one (1) subject, as expressed in the title
thereof
i.          As a mandatory requirement
ii.         The title does not have to be a complete catalogue of everything
stated in the bill.  It is sufficient if the title expresses the general subject
of the bill and all the provisions of the statute are germane to that
general subject.
iii.        A bill which repeals legislation regarding the subject matter need
not state in the title that it is repealing the latter.  Thus, a repealing
clause in the bill is considered germane to the subject matter of the bill.
1. Readings
1. In order to become a law, each bill must pass three (3) readings
in both Houses.
2. General rule: Each reading shall be held on separate days &
printed copies thereof in its final form shall be distributed to its
Members three (3) days before its passage.
3. Exception:  If a bill is certified as urgent by the President as to the
necessity of its immediate enactment to meet a public calamity or
emergency, the 3 readings can be held on the same day.
4. First reading – only the title is read; the bill is passed to the proper
committee
5.
Second reading – Entire text is read and debates are held, and amendments
introduced.
1)      The rule of taxation should be UNIFORM
2)      It should be EQUITABLE
3)      Congress should evolve a PROGRESSIVE system of taxation.
4)      The power to tax must be exercised for a public purpose because the
power exists for the general welfare
5)      The due process and equal protection clauses of the Constitution
should be observed.
Delegation of power to fix rates
1)      Congress may, BY LAW, authorize the President to fix the following:
a)      Tariff rates
b)      Import and Export Quotas
c)      Tonnage and wharfage dues
d)     Other duties and imposts
Within the framework of the national development program of the
Government
2)      The exercise of such power by the President shall be within the
specified limits fixed by Congress and subject to such limitations and
restrictions as it may impose.
Constitutional tax exemptions:
1)      The following properties are exempt from REAL PROPERTY taxes
(CODE: Cha Chu M- CA)
a)      Charitable institutions
b)      Churches, and parsonages or convents appurtenant thereto
c)      Mosques
d)     Non-profit cemeteries; and
e)      All lands, buildings and improvements actually, directly and exclusively
used for religious, charitable, or educational purposes.
2)      All revenues and assets of NON-STOCK NON-PROFIT
EDUCATIONAL institutions are exempt from taxes and duties PROVIDED
that such revenues and assets are actually, directly and exclusively used for
educational purposes.  (Art. XIV Sec 4 (3))
3)      Grants, endowments, donations or contributions used actually, directly
and exclusively for educational purposes shall be exempt from tax.  This is
subject to conditions prescribed by law.  (Art. XIV. Sec 4 (4))

Third reading – only the title is read, no amendments are allowed.  Vote shall Sec. 29.  Power of the Purse
be taken immediately thereafter and the yeas and nays entered in the 1)      No money shall be paid out of the National Treasury EXCEPT in
journal. pursuance of an appropriation made by law.
a)      This places the control of public funds in the hands of Congress.
Veto power of President: b)      BUT:  This rule does not prohibit continuing appropriations. e.g. for
1. Every bill, in order to become a law, must be presented to and debt servicing.  This is because the rule does not require yearly, or annual
signed by the President. appropriation.
1. If the President does not approve of the bill, he shall veto the
same and return it with his objections to the House from which it 2)      Limitations.
originated.  The House shall enter the objections in the Journal and a)  Appropriations must be for a PUBLIC PURPOSE
proceed to reconsider it. b)   Cannot appropriate public funds or property, directly or indirectly, in
1. The President must communicate his decision to veto within 30 favor of
days from the date of receipt thereof.  If he fails to do so, the bill (i)  Any sect, church, denomination, or sectarian institution or system
shall become a law as if he signed it. of religion or
1. This rule eliminates the ‘pocket veto’ whereby the President would (ii) Any priest, preacher, minister, or other religious teacher or
simply refuse to act on the bill. dignitary as such.
  EXCEPT if the priest, etc is assigned to:
1. To OVERRIDE the veto, at least 2/3 of ALL the members of each -          the Armed Forces; or
House must agree to pass the bill.   In such case, the veto is -          any penal institution; or
overriden and becomes a law without need of presidential approval. -          government orphanage; or
1. Item veto -          leprosarium
1. The President may veto particular items in an appropriation, c)      BUT the government is not prohibited from appropriating money
revenue or tariff bill. for a valid secular purpose, even if it incidentally benefits a religion, e.g.
1. This veto will not affect items to which he does not object. appropriations for a national police force is valid even if the police also
1. Definition of item protects the safety of clergymen.
TYPE OF BILL                                                        ITEM d)     ALSO, the temporary use of public property for religious purposes
1.  Revenue/tax bill         -  Subject of the tax and the tax rate imposed is valid, as long as the property is available for all religions
thereon
2.  Appropriations bill          -  Indivisible sum dedicated to a stated purpose 3)      Special Funds
a)      Money collected on a tax levied for a special purpose shall be
Veto of RIDER treated as a special fund and paid out for such purpose only.
1. A rider is a provision which does not relate to a particular b)      Once the special purpose is fulfilled or abandoned, any balance
appropriation stated in the bill. shall be transferred to the general funds of the Government
2. Since it is an invalid provision under Section 25(2), the President
may veto it as an item. Sec. 32.  INITIATIVE AND REFERENDUM
1)   Through the system of initiative and referendum, the people can directly
Specific limitations on legislation propose and enact laws or approve or reject any act or law or part thereof
1. No law shall be enacted increasing the Supreme Court’s appellate passed by the Congress or local legislative body.
jurisdiction without the SC’s advice and concurrence. 2)   Required Petition
1. No law shall be enacted granting titles of royalty or nobility. a)   Should be signed by at least 10% of the total number of registered
voters
Sec. 28.  POWER TO TAX b)   Every legislative district should be represented by at least 3% of the
registered voters
Limitations: c)   Petition should be registered
 to be chosen until someone is qualified/chosen as
President.
ARTICLE VII.  THE EXECUTIVE DEPARTMENT President-elect dies or is VP becomes President.
permanently disabled.
Sec. 1.  EXECUTIVE POWER Both President and VP-elect are Senate President or
Scope: not chosen or do not qualify or In case of his inability, the
1)    Executive power is vested in the President of the Philippines. both die, or both become Speaker of the House shall act as
2)    The scope of this power is set forth in Art. VII of the Constitution.  But permanently disabled. President until a President or a VP
this power is not limited to those set forth therein.  The SC, in Marcos v. shall have been chosen and
Manglapus, referred to the RESIDUAL powers of the President as the Chief qualified.
Executive of the country, which powers include others not set forth in the In case of death or disability of (1)
Constitution.  EXAMPLE:  The President is immune from suit and criminal and (2), Congress shall determine,
prosecution while he is in office. by law, who will be the acting
3)    Privilege of immunity from suit is personal to the President and may be President.
invoked by him alone.  It may also be waived by the President, as when he 2.  Vacancies after the office is initially filled:
himself files suit.
VACANCY SUCCESSOR
4)    BUT The President CANNOT dispose of state property unless
authorized by law. President dies, is permanently Vice-President becomes President
disabled, is impeached, or resigns. for the unexpired term.
Sec. 2.  QUALIFICATIONS Both President and Vice-President Senate President or
1)    Natural-born citizen of the Philippines die, become permanently disabled, In case of his inability,
2)    Registered voter; are impeached, or resign. the Speaker of the House shall act
3)    Able to read and write; as President until the President or
4)    At least 40 years old on the day of election VP shall have been elected and
5)    Philippine resident for at least 10 years immediately preceding such qualif
election.
Note:  The Vice-President has the same qualifications & term of office as the 3)    Vacancy in office of Vice-President during the term for which he was
President.  He is elected with & in the same manner as the President.  He elected:
may be removed from office in the same manner as the President. a)    President will nominate new VP from any member of either House of
Congress.
Sec. 4.  MANNER OF ELECTION/ TERM OF OFFICE b)    Nominee shall assume office upon confirmation by majority vote of ALL
Manner of Election members of both Houses, voting separately.  (Nominee forfeits seat in
1)    The President and Vice-President shall be elected by direct vote of the Congress)
people.
2)    Election returns for President and Vice-President, as duly certified by the 4)    Election of President and Vice-President after vacancy during tem
proper Board of Canvassers shall be forwarded to Congress, directed to the a)     Congress shall convene 3 days after the vacancy in the office of both
Senate President. the President and the VP, without need of a call.  The convening of
3)    Not later than 30 days after the day of the election, the certificates shall Congress cannot be suspended.
be opened in the presence of both houses of Congress, assembled in joint b)     Within 7 days after convening, Congress shall enact a law calling for a
public session. special election to elect a President and a VP.  The special election cannot
4)    The Congress, after determining the authenticity and due execution of be postponed.
the certificates, shall canvass the votes. c)     The special election shall be held not earlier than 45 days not later than
5)    The person receiving the highest number of votes shall be proclaimed 60 days from the time of the enactment of the law.
elected. d)     The 3 readings for the special law need not be held on separate days.
6)    In case of a tie between 2 or more candidates, one shall be chosen by a e)     The law shall be deemed enacted upon its approval on third reading.
majority of ALL the members of both Houses, voting separately.  In case this BUT:  No special election shall be called if the vacancy occurs within 18
results in a deadlock, the Senate President shall be the acting President until months before the date of the next presidential election.
the deadlock is broken.
7)    The Supreme Court en banc shall act as the sole judge over all contests 5)    Temporary disability of the President:
relating to the election, returns, and qualifications of the President or Vice- The temporary inability of the President to discharge his duties may be
President and may promulgate its rules for the purpose. raised in either of two ways:
a)    By the President himself, when he sends a written declaration to the
Term of Office Senate President and the Speaker of the House.  In this case, the Vice-
1)    President President will be Acting President until the President transmits a written
a)    6 years beginning at noon on 30 June immediately following the election declaration to the contrary.
and ending at noon on the same day 6 years later. b)    When a majority of the Cabinet members transmit to the Senate
b)    Term limitation: Single term only; not eligible for any reelection. President and the Speaker their written declaration.
c)    Any person who has succeeded as President, and served as such for (i)            The VP will immediately be Acting President.
more than 4 years shall NOT be qualified for election to the same office at (ii)           BUT:  If the President transmits a written declaration that he is not
any time. disabled, he reassumes his position.
(iii)          If within 5 days after the President re-assumes his position, the
2)    Vice-President: majority of the Cabinet retransmits their written declaration, Congress shall
a)    6 years, starting and ending the same time as the President. decide the issue.  In this event, Congress shall reconvene within 48 hours if
b)    Term limitation: 2 successive terms. it is not in session, without need of a call.
c)    Voluntary renunciation of the office for any length of time is NOT an (iv)         Within 10 days after Congress is required to assemble, or 12 days if
interruption in the continuity of service for the full term for which the Vice- Congress is not in session, a 2/3 majority of both Houses, voting separately,
President was elected. is needed to find the President temporarily disabled, in which case, the VP
will be Acting President.
Sec. 6.  SALARIES AND EMOLUMENTS
1)    Official salaries are determined by law. 6)    Presidential Illness:
2)    Salaries cannot be decreased during the TENURE of the President and a)    If the President is seriously ill, the public must be informed thereof.
the Vice-President. b)    Even during such illness, the National Security Adviser, the Secretary of
3)    Increases take effect only after the expiration of the TERM of the Foreign Affairs, and the Chief of Staff of the AFP are entitled to access to the
incumbent during which the increase was approved. President
4)    Prohibited from receiving any other emolument from the government or
any other source during their TENURE Sec. 13.  DISQUALIFICATIONS
SUBJECT SOURCE OF DISQUALIFICATION
Sec. 7-12, PRESIDENTIAL SUCCESSION President, Vice-President, Prohibited from:
Cabinet Members, 1. Holding any office or employment
1. Vacancies at the beginning of the term Deputies or Assistants of during their tenure, UNLESS:
VACANCY SUCCESSOR Cabinet Members  
President-elect fails to qualify or VP-elect will be Acting President 1. otherwise provided in the
 Constitution (e.g.  VP can be appointed a
Cabinet Member, Sec. of Justice sits on
Judicial and Bar Council); or
2. the positions are ex-officio and
they do not receive any salary or other
emoluments therefor (e.g. Sec. of Finance
is head of Monetary Board).
1. Practicing, directly or indirectly,
any other profession during their tenure;
 
1. Participating in any business;
 
1. Being financially interested in any
contract with, or in any franchise, or special
privilege granted by the government or any
subdivision, agency or instrumentality
thereof, including GOCC’s or their
subsidiaries.
 
N.B.  The rule on disqualifications for the
President and his Cabinet are stricter than
the normal rules applicable to appointive
and elective officers under Art. IX-B, Sec.
7.
Spouses and 4th degree Cannot be appointed during President’s
relatives of the President tenure as:
(consanguinity or affinity)   until they are disapproved by the CA or until the next adjournment of
1. Members of the Constitutional
Commissions;
2. Office of the Ombudsman;
3. Department Secretaries;
4. Department under-secretaries;
5. Chairman or heads of bureaus or
offices including GOCC’s and their
subsidiaries.
 
N.B.
1. If the spouse, etc., was already in
any of the above offices at the time before
his/her spouse became President, he/she
may continue in office.  What is prohibited
is appointment and reappointment, NOT
continuation in office.
2. Spouses, etc., can be appointed
to the judiciary and as ambassadors and
consuls.
Sec. 14-16.  POWER TO APPOINT
Principles:
1)     Since the power to appoint is executive in nature, Congress cannot
usurp this function.
2)     While Congress (and the Constitution in certain cases) may prescribe
the qualifications for particular offices, the determination of who among those
who are qualified will be appointed is the President’s prerogative.
Scope:
The President shall appoint the following:
1)    Heads of executive departments (CA confirmation needed):
2)    Ambassadors, other public ministers, and consuls (CA confirmation
needed).
3)    Officers of AFP from rank of colonel or naval captain (CA confirmation
needed).
4)    Other officers whose appointment is vested in him by the Constitution
(CA confirmation needed), such as:
a)    Chairmen and members of the COMELEC, COA and CSC.
b)    Regular members of the Judicial and Bar Council.
c)    The Ombudsman and his deputies;
d)    Sectoral representatives in Congress.
 N.B. President also appoints members of the Supreme Court and
judges of the lower courts, but these appointments do not need CA
confirmation.
5)    All other officers whose appointments are not otherwise provided for by
law; and those whom he may be authorized by law to appoint.
a)     This includes the Chairman and members of the Commission on
Human Rights, whose appointments are provided for by law NOT by the
Constitution.
b)     Congress may, by law, vest the appointment of other officers lower in
rank in the President alone or in the courts, or in the heads of departments,
agencies, boards or commissions.
c)     BUT:  Congress cannot, by law, require CA confirmation of the
appointment of other officers for offices created subsequent to the 1987
Constitution (e.g. NLRC Commissioners, Bangko Sentral Governor).
d)      ALSO: Voluntary submission by the President to the CA for
confirmation of an appointment which is not required to be confirmed does
not vest the CA with jurisdiction.  The President cannot extend the scope of
the CA’s power as provided for in the Constitution.
Procedure:
1)    CA confirmation needed:
a)    Nomination by President
b)    Confirmation by CA
c)    Appointment by President; and
d)    Acceptance by appointee.
Note:  At any time before all four steps have been complied with, the
President can withdraw the nomination/appointment.
2)    No CA confirmation:
a)    Appointment; and
b)    Acceptance.
Note:  Once appointee accepts, President can no longer withdraw the
appointment.
Ad-interim appointments:
1)    When Congress is in recess, the President may still appoint officers to
positions subject to CA confirmation.
2)    These appointments are effective immediately, but are only effective
Congress.
3)    Appointments to fill an office in an ‘acting’ capacity are NOT ad-interim
in nature and need no CA approval.
Appointments by an Acting President:
These shall remain effective UNLESS revoked by the elected President
within 90 days from his assumption or re-assumption of office.
Limitation
1)    2 months immediately before the next Presidential elections, and up to
the end of his term, the President or Acting President SHALL NOT make
appointments.  This is to prevent the practice of ‘midnight appointments.”
2)    EXCEPTION:
a)    Can make TEMPORARY APPOINTMENTS
b)    To fill EXECUTIVE POSITIONS;
c)    If continued vacancies therein will prejudice public service or endanger
public safety.
Sec. 17.  Power of Control and Supervision
Power of Control:
The power of an officer to alter, modify, or set aside what a subordinate
officer has done in the performance of his duties, and to substitute the
judgment of the officer for that of his subordinate.  Thus, the President
exercises control over all the executive departments, bureaus, and offices.
The President’s power over government-owned corporations comes not from
the Constitution but from statute.  Hence, it may be taken away by statute.
Qualified Political Agency:
1)    Since all executive and administrative organizations are adjuncts of the
Executive Department, the heads of such departments, etc. are assistants
and agents of the President.
2)    Thus, generally the acts of these department heads, etc, which are
performed and promulgated in the regular course of business, are
presumptively the acts of the President.
3)    Exception:  If the acts are disapproved or reprobated by the President.
4)    Under Administrative Law, decisions of Department Secretaries need
not be appealed to the President in order to comply with the requirement of
exhaustion of administrative remedies.
5)    Qualified political agency does NOT apply if the President is required to
act in person by law or by the Constitution.  Example:  The power to grant
pardons must be exercised personally by the President.
Disciplinary Powers:
1)    The power of the President to discipline officers flows from the power to
appoint the, and NOT from the power control.
2)    BUT While the President may remove from office those who are not
entitled to security of tenure, or those officers with no set terms, such as
Department Heads, the officers, and employees entitled to security of tenure
cannot be summarily removed from office.
Power of Supervision:
1)    This is the power of a superior officer to ensure that the laws are
faithfully executed by subordinates.
2)    The power of the president over local government units is only of
general supervision.  Thus, he can only interfere with the actions of their
executive heads if these are contrary to law.
3)    The execution of laws is an OBLIGATION of the President.  He cannot
suspend the operation of laws.
4)    The power of supervision does not include the power of control; but the
power of control necessarily includes the power of supervision.
c.)    For violations of election laws, rules, and regulation without the
favorable recommendation of the COMELEC
d.)    In cases of civil or legislative contempt
2.)    As to effect:
a.)    Does not absolve civil liabilities for an offense.
b.)    Does not restore public offices already forfeited, although eligibility for
the same may be restored.

Sec. 18.  COMMANDER-IN-CHIEF POWERS Amnesty:

1.)    An act of grace concurred in by Congress, usually extended to groups
Scope: of persons who commit political offenses, which puts into oblivion the offense
1)    The President is the Commander-in-Chief of the Armed Forces. itself.
2)    Whenever necessary, the President may call out the AFP to PREVENT 2.)    President alone CANNOT grant amnesty.  Amnesty needs concurrence
or SUPPRESS: by a majority of all the members of Congress.
a)    Lawless violence; 3.)    When a person applies for amnesty, he must admit his guilt of the
b)    Invasion; or offense which is subject to such amnesty.  If his application is denied, he can
c)    Rebellion. be convicted based on this admission of guilt.
3)    The President may also: 4.)    Amnesty V. Pardon
a)    Suspend the privilege of the writ of habeas corpus; and
b)    Proclaim a state of martial law. AMNESTY PARDON
Suspension of the privilege of the writ of habeas corpus and declaring Addressed to POLITICAL offenses Addressed to ORDINARY offenses
martial law;
Granted to a CLASS of persons Granted to INDIVIDUALS
1. Grounds
1. Invasion or Need not be accepted Must be accepted
2. Rebellion; and Requires concurrence of No need for Congressional
3. Public safety requires it. majority of all members of concurrence
1. The invasion or rebellion must be ACTUAL and not merely Congress
imminent. A public act. Subject to judicial Private act of President. It must be
1. Limitations: notice proved.
1. Suspension or proclamation is effective for only 60 days. Extinguishes the offense itself Only penalties are extinguished.
1. Within 48 hours from the declaration or suspension, the President May or may not restore political
must submit a report to Congress. rights. Absolute pardon restores.
1. Congress, by majority vote and voting jointly, may revoke the Conditional does not.
same, and the President cannot set aside the revocation. Civil indemnity is not extinguished.
1. In the same manner, at the President’s initiative, Congress can May be granted before or after Only granted after conviction by final
extend the same for a period determined by Congress if: conviction judgement
i.  Invasion or rebellion persist and
ii.  Public safety requires it. Sec. 20. Power to Contract or Guarantee Foreign Loans
NOTE:  Congress CANNOT extend the period motu propio.
Limitations:
Supreme Court review: (1) The President may contract or guarantee foreign loans on behalf of the
i.  The appropriate proceeding can be filed by any citizen. Republic of the Philippines with the prior concurrence of the Monetary Board;
ii.  The SC can review the FACTUAL BASIS of the proclamation or and
suspension. (2) Subject to such limitations as may be provided by law.
iii.  Decision is promulgated within 30 days from filing.
Sec. 21. Foreign Relations Powers include:
f.      Martial Law does NOT: (1)  Power to negotiate treaties and other international agreements
i.  Suspend the operation of the Constitution. (a)  BUT: Such treaty of international agreement must be concurred in by at
ii.  Supplant the functioning of the civil courts or legislative assemblies. least 2/3 of all Senators in order to be valid and effective in our country.
iii.  Authorize conferment of jurisdiction on military courts over civilians where (b)  Options of Senate when a treaty is submitted for its approval:
civil courts are able to function and (i)                 Approve with 2/3 majority;
iv.  Automatically suspend the privilege of the writ. (ii)               Disapprove outright; or
(iii)             Approve conditionally, with suggested amendments.
Suspension of privilege of the writ: (c)  If treaty is not re-negotiated, no treaty
i.  Applies ONLY to persons judicially charged for rebellion or offenses (d)  If treaty is re-negotiated and the Senate’s suggestions are incorporated,
inherent in or directly connected with invasion. the treaty will go into effect without need of further Senate approval.
ii.  Anyone arrested or detained during suspension must be charged within 3
days.  Otherwise he should be released. Note:  While our municipal law makes a distinction between international
Note:  While the suspension of the privilege of writ and the proclamation of agreements and executive agreements, with the former requiring Senate
martial law is subject to judicial review, the actual use by the President of the approval and the latter not needing the same, under international law, there
armed forces is not.  Thus, troop deployments in times of war is subject to is no such distinction.
the President’s judgment and discretion.
Note: The President cannot, by executive agreement, undertake an
Sec. 19: EXECUTIVE CLEMENCY obligation which indirectly circumvents a legal prohibition.
(e)  Conflict between treaty and municipal law.
Scope: (i)  Philippine court:
1.)    The President may grant the following: [ Pa R C Re] The later enactment will prevail, be it treaty or law, as it is the latest
1. Pardons (conditional or plenary) expression of the State’s will.
2. Reprieves (ii)  International tribunal
3. Commutations Treaty will always prevail.  A State cannot plead its municipal law to justify
4. Remittance of fines and forfeitures noncompliance with an international obligation.
2.)    These may only be granted AFTER conviction by final judgment. (2)  Power to appoint ambassadors, other public ministers, and consuls.
3.)    ALSO: The power to grant clemency includes cases involving (3) Power to receive ambassadors and other public ministers accredited to
administrative penalties. the Philippines.
4.)    Where a conditional pardon is granted, the determination of whether it (4)  Power to contract and guarantee foreign loans on behalf of the Republic
has been violated rests with the President. (5)  Power to deport aliens
(a)    This power is vested in the President by virtue of his office, subject only
Limitations: to restrictions as may be provided by legislation as regards the grounds for
1.)    As to scope: deportation.
Cannot be granted: (b)   In the absence of any legislative restriction to authority, the President
a.)    Before conviction may still exercise this power.
b.)    In cases of impeachment (c)    The power to deport aliens is limited by the requirements of due
process, which entitles the alien to a full and fair hearing.
BUT:    The alien is not entitled to bail as a matter of right. 3.  At least 15 years of experience as a judge or in the practice of law in the
Philippines
4.  Person of proven competence, integrity, probity and independence.
ARTICLE VIII. THE JUDICIAL DEPARTMENT
  Qualifications of members of lower collegiate courts (CA, CTA,
Sec. 1.  JUDICIAL POWER Sandiganbayan)
1.  Natural born citizen of the Philippines
Scope: 2.  Member of the Philippine bar
1. Judicial power is the authority to settle justiciable controversies or disputes 3.  Possesses other qualifications prescribed by Congress
involving rights that are enforceable and demandable before the courts of 4.  Person of proven competence, integrity, probity and independence.
justice or the redress of wrongs for violations of such rights.
2.  Vested in the Supreme Court and such lower courts as may be Qualifications of judges of lower non-collegiate courts:
established by law. 1.  Citizen of the Philippines (may be a naturalized citizen)
3. Since the courts are given ‘judicial power’ and nothing more, courts may 2.  Member of the Philippine Bar
neither attempt to assume or be compelled to perform non-judicial functions.  3.  Possesses other qualifications prescribed by Congress
They may not be charged with administrative functions except when 4.  Person of proven competence, integrity, probity and independence.
reasonably incidental to the fulfillment of their duties.
4.  In order that courts may exercise this power, there must exist the Section 8.  JUDICIAL AND BAR COUNCIL
following: 1.  The Judicial and Bar Council is under the supervision of the SC.
1. An actual controversy with legally demandable and enforceable A.  Is under the supervision of the Supreme Court and is composed of:
rights; 1. Chief Justice, as ex-officio chairman
2. Involving real parties in interest; 2. Secretary of Justice, as an ex-officio member
3. The exercise of such power will bind the parties by virtue of the 3. Representative of Congress, as an ex-officio member
court’s application of existing laws. 4. Representative of the Integrated Bar
5.  Judicial power cannot be exercised in vacuum.  Without any laws from 5. A professor of law
which rights arise and which are violated, there can be no recourse to the 6. A retired member of the SC; and
courts. 7. Private sector representative
6.  The courts cannot be asked for advisory opinions. Note:  The last four re the regular members of the JBC.  Regular members
7.  Judicial power includes: are appointed by the President with CA approval.  Regular members serve
1. The duty of the courts to settle actual controversies involving for 4 years, with staggered terms.
rights which are legally demandable and enforceable; and
1. To determine whether or not there has been a grave abuse of B.  Functions of JBC
discretion amounting to lack or excess of jurisdiction on the part of 1. Principal function:  recommend appointees to the Judiciary
any branch or instrumentality of the government. 2. Exercise such other functions as the SC may assign to it.

Political Questions: C.  Appointments to the Judiciary  

1.  A ‘political question’ is one the resolution of which has been vested by the 1. President shall appoint from a list of at least 3 nominees for each
Constitution exclusively in either the people, in the exercise of their vacancy, as prepared by the JBC.
sovereign capacity, or in which full discretionary authority has been 2. No CA confirmation is needed for appointments to the Judiciary.
delegated to a co-equal branch of the Government. 3. Vacancies in SC should be filled within 90 days from the
2.  Thus, while courts can determine questions of legality with respect to occurrence of the vacancy.
governmental action, they cannot review government policy and the wisdom 4. Vacancies in lower courts should be filled within 90 days from
thereof, for these questions have been vested by the Constitution in the submission to the President of the JBC list.
Executive and Legislative Departments.
Sec. 10.  SALARIES
Sec. 2.  ROLES OF CONGRESS 1.  Salaries of SC Justices and judges of lower courts shall be fixed by law.
1.  Defining enforceable and demandable rights and prescribing remedies for 2.  Cannot be decreased during their continuance in office, but can be
violations of such rights; and increased.
2.  Determining the court with jurisdiction to hear and decide controversies or 3.  Members of the Judiciary are NOT exempt from payment of income tax.
disputes arising from legal rights.
3.  Thus, Congress has the power to define, prescribe and apportion the Sec. 11.  TENURE/DISCIPLINARY POWERS OF SC
jurisdiction of various courts. 1.  Members of the SC and judges of the lower courts hold office during good
1. BUT, Congress cannot deprive the Supreme Court of its behavior until
jurisdiction over cases provided for in the Constitution. a.  The age of 70 years old; or
2. Creation and abolition of courts: b.  They become incapacitated to discharge their duties.
1. The power to create courts implies the power to
abolish and even re-organize courts. 2.  Disciplinary action against judges of lower courts:
2. BUT this power cannot be exercised in a manner a.  Only the SC en banc has jurisdiction to discipline or dismiss judges of
which would undermine the security of tenure of the lower courts.
judiciary. b.  Disciplinary action/dismissal:  Majority vote of SC Justices who took part
3. If the abolition/re-organization is done in good faith and in the deliberations and voted therein.
not for political or personal reasons, then it is VALID. 
(same rule applies for civil servants) 3.  Removal of SC Justices:
a.  Only by IMPEACHMENT.
Sec. 3.  FISCAL AUTONOMY b.  Cannot be disbarred while they hold office.
1. The entire judiciary shall enjoy fiscal autonomy.
2. Annual appropriations for the judiciary cannot be reduced below Secs. 4-6, 13.  THE SUPREME COURT
the amount appropriated for the previous year.
3. Once approved, appropriations shall be automatically and Hearing of cases:
regularly released. 1. En banc; or
2. Divisions of 3, 5, or 7.
Secs. 4-7; 12 JUDICIARY
Cases required to be heard en banc:
Composition of the Supreme Court: 1.  All cases involving constitutionality of a/an:
1. Chief Justice and a.  Treaty
2. 14 Associate Justices b.  International or executive agreement or
Note:  Members of the Supreme Court and of other courts established by law c.  Law.
shall not be designated to any agency performing quasi-judicial or 2.  All cases required to be heard en banc under the Rules of Court:
administrative functions. a.  Appeals from Sandiganbayan; and
b.  From the Constitutional Commissions
Qualifications of members of the SC: 3.  All cases involving the constitutionality, application or operation of
1.  Natural born citizen of the Philippines a.  Presidential decrees
2.  At least 40 years old b.  Proclamations
c.  Orders
d.  Instructions Requisites                                            Code:   [A R S Co R]
e.  Ordinances; and 1.  An ACTUAL CASE calling for the exercise of judicial power
f.   Other regulations. 2.  The question involved must be RIPE FOR ADJUDICATION, i.e. the
4.  Cases heard by a division where required majority of 3 was not obtained. government act must have had an adverse effect on the person challenging
5.  Cases where SC modifies or reverses a doctrine or principle of law laid it.
down by the SC en banc or by a division. 3.  The person challenging the governmental act must have ‘STANDING’, i.e.
6.  Administrative cases to discipline or dismiss judges of lower courts; and a personal and substantial interest in the case such that he has sustained, or
7.  Election contests for President and Vice-President. will sustain, direct injury as a result of its enforcement.
4.  The question of Constitutionality must be raised in the first instance, or at
Cases heard by division the earliest opportunity.
1.  Must be decided with the concurrence of a majority of the members who 5.  Resolution of the issue of constitutionality is unavoidable or is the very lis
took part in the deliberations and voted thereon. mota.
2.  Majority vote in a division should be at least 3 members.
Effect of a declaration of unconstitutionality:
Powers of the SC 1.  Prior to the declaration that a particular law is unconstitutional, it is
1.  SC has ORIGINAL jurisdiction over considered as an ‘operative fact’ which at that time had to be complied with.
a.  Cases affecting ambassadors, other public ministers and consuls. 2.  Thus, vested rights may have been acquired under such law before it was
Note:  This refers to foreign ambassadors, etc., stationed in the Philippines. declared unconstitutional.
b.  Petitions for certiorari, prohibiton, mandamus, quo warranto, and habeas 3. These rights are not prejudiced by the subsequent declaration that the law
corpus. is unconstitutional.
2.  SC has APPELLATE jurisdiction over final judgments and orders in the Sec. 14.  DECISIONS
following: 1.  Decisions MUST state clearly and distinctly the facts and the law on
a.  All cases involving the constitutionality or validity of any which it is based.
1. treaty 2.  Refusal to give due course to petitions for review and motions for
2. international or executive agreement reconsideration must state the legal basis for such refusal.
3. law 3.  Memorandum decisions, where the appellate court adopts the findings of
4. presidential decree fact and law of the lower court, are allowed as long as the decision adopted
5. proclamation by reference is attached to the Memorandum for easy reference.
6. order 4.  These rules only apply to courts.  They do not apply to quasi-judicial or
7. instruction administrative bodies nor to military tribunals.
8. ordinance, or
9. regulation;
b.  All cases involving the legality of any ARTICLE IX – THE CONSTITUTIONAL COMMISSIONS
1. tax
2. impost Section 1.   Constitutional Commissions
3. assessment or
4. toll or Independent Constitutional Commissions:
5. any penalty imposed in relation thereto; 1) Civil Service Commission (CSC)
c.  All cases in which the jurisdiction of any lower court is in issue 2) Commission on Elections (COMELEC)
d. Criminal cases where the penalty imposed is reclusion perpetua or higher; 3) Commission on Audit (COA)
and
e.  All cases where ONLY errors or questions of law are involved. Why Independent?
3.  Temporarily assign lower court judges to other stations in the public They perform vital functions of government.  Their integrity is protected by
interest. the fact that they:
Note:  Temporary assignment shall not exceed 6 months without the consent 1) Are constitutionally created (Sec. 1)
of the judge concerned. 2) Have independent powers of appointment (Sec. 4)
4.  Order a change of venue or place of trial to avoid a miscarriage of justice. 3) Each Commission may promulgate its own procedural rules (Sec. 6)
5.  Promulgate rules concerning: 4) Fiscal autonomy (Sec. 5)
a.  The protection and enforcement of constitutional rights; 5) Salaries may not be diminished during their office (Sec. 3)
b.  Pleading, practice and procedure in all courts; 6) Commissioners have a fixed term
c.  Admission to the practice of law; 7) Commissioners are removable by impeachment only.
d.  The Integrated Bar; and
e.  Legal assistance to the underprivileged. Section 2.  DISQUALIFICATIONS
Limitations on Rule Making Power
a. It should provide a simplified and inexpensive procedure for the speedy Disqualifications:
disposition of cases. Members cannot, during their tenure:
b.  It should be uniform for all courts of the same grade. 1) Hold any other office or employment;
c.  It should not diminish, increase, or modify substantive rights. 2) Engage in the practice of any profession;
6.  Appoint ALL officials and employees of the Judiciary, in accordance with 3) Engage in the active management or control of any business, which, in
Civil Service Law. any   way, may be affected by the functions of their office; and
7. Exercise administrative supervision over ALL courts and the personnel 4) Be financially interested, direct or indirect, in any contract, franchise,
thereof. privilege granted by the government, any of its subdivisions, agencies,
instrumentalities, including GOCC’s and their subsidiaries.
Decisions of the Supreme Court: Note:  The Ombudsman and his deputies are subject to the same
1. Reached in consultation before being assigned to a member for the writing qualifications.
of the opinion.
2. A certification to this effect must be signed by the Chief Justice and  Section 3.  SALARIES
attached to the record of the case and served upon the parties.
3. Members of the SC who took no part, or who dissented or abstained must Salaries
state the reasons therefore. 1) Salaries are fixed by law and shall not be decreased during their
Note:  This procedure shall also be observed by all lower collegiate courts TENURE.
(CA, CTA, and the Sandiganbayan). 2) Decreases in salaries only affect those members appointed AFTER
increase.
JUDICIAL REVIEW 3) Incumbent members do not lose any salary.
4) Increases take effect IMMEDIATELY.
Definition
1.  Judicial Review is the power of the SC to declare a law, treaty, ordinance Section 6.  RULES OF PROCEDURE
etc. unconstitutional.
2.    Lower courts may also exercise the power of judicial review, subject to Procedures:
the appellate jurisdiction of the SC. 1) Rules:  The Commissions may promulgate its own rules EN BANC.
3.   Only SC decisions are precedent, and thus, only SC decisions are 2) Limitation:  It shall not:
binding on all. a) Diminish,
b) Increase, or
c) Modify substantive rights.
3) Power of SC
a). The SC may not, under Art. VIII Sec. 5(5), exercise the power to
disapprove rules of “special courts and quasi-judicial  bodies.”
b). In proceedings before the Commissions, the rules of the Commission
prevail.
c). In proceedings before a court, the Rules of Court prevail.
d). The SC may, however, in appropriate cases, exercise JUDICIAL REVIEW
Section 7.  DECISION MAKING/APPEAL
2). 3 kinds
a) Policy-determining –           formulate a method of action for the gov’t
b) Primarily confidential –      more than ordinary confidence; close intimacy
insures freedom of intercourse without betrayals of personal trust…
c) Highly technical     –           requires technical skill to a superior degree.
C. The TEST to determine whether non/competitive is the Nature of the
responsibilities, NOT the administrative or legislative description given to it.
D. Both types of positions are entitled to security of tenure. They only differ in
the MANNER in which they are filled.

Decision-Making: E. Who may be appointed:

1) Each commission shall decide matter or cases by a majority vote of all the
members within 60 days from submission.
 COMELEC may sit en banc or in 2 divisions.
 Election cases, including pre-proclamation controversies are
decided in division, with motions for reconsideration filed to the
COMELEC en banc.
 The SC has held that a majority decision decided by a division of
the COMELEC is a valid decision.
2) As COLLEGIAL BODIES, each commission must act as one, and no one
member can decide a case for the entire commission.  (i.e.  The Chairman
cannot ratify a decision which would otherwise have been void).
1). RULE:  Whoever fulfills all the qualifications prescribed by law for a
particular position may be appointed therein.
2). The CSC cannot disapprove an appointment just because another person
is better qualified, as long as the appointee is himself qualified.
3). The CSC CANNOT add qualifications other than those provided by law.
F. Next-In-Rank Rule
 While a person next in rank is entitled to preferential
consideration, it does not follow that only he, and no one else, can
be appointed.  Such person has no vested right to the position and
the appointing authority is not bound to appoint the person next in
rank.

Appeals: Tenure (Classification of Positions)

1) Decisions, orders or rulings of the COMELEC/COA may be brought on Career Service Non-Career Service
certiorari to  the SC under Rule 65. 1. Entrance based on merit and 1. Entrance on bases OTHER than
2) Decisions, orders or ruling of the CSC should be appealed to the CA fitness to be determined as far as usual tests of merit and fitness.
under Rule 43. practicable by competitive
examinations or based on highly
Enforcement: technical qualifications.
 It has been held that the CSC can issue a writ of execution to 2. Entitled to security of tenure Tenure limited to:
enforce judgments which are final. a)      Period specified by law,
b)      Coterminous with the
THE CIVIL SERVICE COMMISSION appointing authority or subject to
his pleasure, or
Section 1.  COMPOSITION/QUALIFICATIONS/TERM c)      Limited to the duration of a
particular project for which
Composition: purpose the employment was
1) Chairman made.
2) Commissioners – 2 commissioners 3. With opportunity for
advancement to higher career
Qualifications: positions.
1) Natural-born citizens of the Philippines;
2) At least 35 years old at the time of their appointments;
Security of Tenure:
3) With proven capacity for public administration; and
1) Officers or employees of the Civil Service cannot be removed or
4) NOT candidates for any elective position in the elections immediately
suspended EXCEPT for cause provided by law. It guarantees both
preceding their appointment.
procedural and substantive due process.
5) Appointees by the President to the CSC need Commission on
2) For “LEGAL CAUSE” – Cause is:
Appointments (CA) confirmation
a). related to and affects the administration of office, and
b). must be substantial (directly affects the rights & interests of the public)
Term:
3) Security of tenure for Non-competitive positions
1) Chairman -7 years; Commissioner1 – 5 yrs; Commissioner2 – 3 yrs
a). Primarily confidential officers and employees hold office only for so long
2) Limitation:  single term only, no reappointment
as confidence in them remains.
3) Appointment to vacancy: only for unexpired term of predecessor
b). If there is GENUINE loss of confidence, there is no removal, but the
4) No temporary appointments, or appointments in acting capacity.
expiration of the term of office
c). Non-career service officers and employees do not enjoy security of
Section 2.   Scope:
tenure.
d). Political appointees in the foreign service possess tenure coterminous
The Civil Service embraces all:
with  that of the appointing authority or subject to his pleasure.
A.  branches,
4) One must be VALIDLY APPOINTED to enjoy security of tenure. Thus, one
B.  subdivisions,
who is not  appointed by the proper appointing authority does not acquire
C.  instrumentalities,
security of tenure.
D.  agencies of the government,
Abolition of Office
E.  including GOCCs with original charters.
To be valid, abolition must be made:
1.”With Original Charter” means that the GOCC was created by special
(a) In good faith;  (good faith is presumed)
law/by Congress
(b) Not for political or personal reasons; and
2. If incorporated under the Corporation Code, it does not fall within the Civil
(c) Not in violation of law
Service, and is not subject to the CSC jurisdiction.
3. Even if once government-controlled, then becomes privatized, ceases to
Temporary employees are covered by the following rules:
fall under CSC.
1). Not protected by security of tenure – can be removed anytime even
4. Jurisdiction is determined as of the time of filing the complaint.
without cause
2). If they are separated, this is considered an expiration of his term.
Appointments to civil service shall be:
3). BUT:  They can only be removed by the one who appointed them.
4). Entitled only to such protection as may be provided by law.
A. Competitive positions
 According to merit and fitness to be determined by competitive
No officer or employee in the Civil Service shall engage in any electioneering
examinations, as far as practicable except to positions which are
or in partisan political activity
policy-determining, primarily confidential, or highly technical.
1) Cannot solicit votes in favor of a particular candidate.
2) Cannot give campaign contributions or distribute campaign materials.
B. Non-competitive positions
1). No need for competitive examinations.
3) BUT:  Allowed to express views on political issues, and to mention the
names of the candidates whom he supports.
4) Prohibition does not apply to department secretaries
Right to organize
The right to organize does NOT include the right to strike
Sections 6-7.  DISQUALIFICATION
Disqualifications
1) Losing candidates in any election
a). Cannot be appointed to any office in the government or GOCC’s or their
subsidiaries.
b). Period of disqualification: One (1) year after such election.
2) Elective officials
a). Not eligible for appointment or designation ANY CAPACITY to ANY
PUBLIC OFFICE or position during their tenure.
b). EXCEPTION:  May hold ex officio positions.
 Examples:
 The Vice President may be appointed Cabinet member
 Congressman may sit in the Judicial and Bar Council
c). To be eligible to hold any other office, the elected official must first resign
his office
d). Even Congress cannot, by law, authorize the appointment of an elective
official.
3). Appointive officials
a). Cannot hold any other office or employment in the government, any
subdivision, agency, instrumentality, including GOCC’s and their
subsidiaries.
b). EXCEPTION:  Unless otherwise allowed by law, or by the primary
functions of his position.
c). This exception DOES NOT APPLY to Cabinet members, and those
officers mentioned in Art. VII, Sec. 13.  They are governed by the stricter
prohibitions contained therein.
Section 8. COMPENSATION
1) Prohibitions:  applies to elected or appointed officers
employees                      elections, including determination of the number and location of polling
Cannot receive:
A. Additional   -  an extra reward given for the same office i.e. bonus
B. Double  -  when an officer is given 2 sets of compensation for 2 different
offices held concurrently by 1 officer
C. Indirect Compensation
2) EXCEPTION:  Unless specifically authorized by law
A. “SPECIFICALLY AUTHORIZED” means a specific authority particularly
directed to the             officer or employee concerned.
B. BUT: per diems and allowances given as REIMBURSEMENT for
expenses actually incurred are not prohibited
3) Cannot accept any present, emolument, office, title of any kind from
foreign governments UNLESS with the consent of Congress.
4) Pensions and gratuities are NOT considered as additional, double, or
indirect compensation.
THE COMMISSION ON ELECTIONS
Section 1.  COMPOSITION/QUALIFICATIONS/TERM
Composition: (7)
1) Chairman and
2) Commissioners (6)
Qualifications:
1) Natural-born citizens of the Philippines;
2) At least 35 years old at the time of appointment
3) Holders of college degrees; and
4) Not candidates for any elective position in the immediately preceding
elections.
5) Majority of the Commission, including the Chairman must be:
a). Members of the Philippines Bar
b). Engaged in the practice of law for at least 10 years: “any activity in or out
of court, which requires the application of law, legal procedure, knowledge,
training and experience.”
6) Appointments subject to CA approval
Term:
1) Chairman -7 yrs; 3 Members – 7 yrs; 2 Members – 5 yrs; 1 Member – 3
yrs.
2) LIMITATION:  Single term only: no reappointment allowed
3) Appointment to a vacancy: only for unexpired portion of predecessor’s
term
4) No temporary appointments, or appointments in acting capacity
a). Thus, the President cannot designate an incumbent commissioner as
acting Chairman.
b). The choice of temporary chairman falls under the COMELEC’s discretion.
Section 2. POWERS AND FUNCTIONS
Powers:
1) Enforce and administer all laws and regulations relative to the conduct of
an election, plebiscite, initiative, referendum, and recall.
(a)    Ex: COMELEC can enjoin construction of public works within 45 days of
an election.
1)      Exercise:
A. Exclusive original jurisdiction over all contests relating to the elections,
returns, and qualifications of all elective
1. Regional,
2. Provincial, and
3. City officials
B. Appellate jurisdiction over all contests involving:
1. Elective municipal officials decided by trial courts of general jurisdiction
2. Elective barangay officials decided by trial courts of limited jurisdiction.
C. Decisions, final orders, or rulings of the Commission on election contests
involving elective municipal and barangay offices shall be final, executory,
and not appealable.
Exception: Appealable to the SC on questions of law.
1. Contempt powers
1. COMELEC can exercise this power only in relation to its adjudicatory or
quasi-judicial functions.  It CANNOT exercise this in connection with its
purely executive or ministerial functions.
2. If it is a pre-proclamation controversy, the COMELEC exercises quasi-
judicial/administrative powers.
3. Its jurisdiction over ‘contests’ (after proclamation), is in exercise of its
judicial functions.
E. The COMELEC may issue writs of certiorari, prohibition and mandamus in
exercise of its appellate jurisdiction.  This is not an inherent power.
and 3) Decide, except those involving the right to vote, all questions affecting
places, appointment of election officials and inspectors, and registration of
voters.
Note: Questions involving the right to vote fall within the jurisdiction of the
ordinary courts.
4) Deputize, with the concurrence of the President, law enforcement
agencies and instrumentalities of the Government, including the Armed
Forces of the Philippines, for the exclusive purpose of ensuring free, orderly,
honest, peaceful, and credible elections.
a). This power is NOT limited to the election period.
b). Applies to both criminal and administrative cases.
5) Registration of political parties, organizations, or coalitions/accreditation of
citizens’ arms of the Commission on Elections.
a). The political parties etc. must present their platform or program of
government.
b). There should be sufficient publication
c). Groups which cannot be registered:
i. Religious denominations/sects
ii. Groups which seek to achieve their goals through violence or unlawful
means
iii. Groups which refuse to uphold and adhere to the Constitution
iv. Groups which are supported by any foreign government.
d). BUT:  Political parties with religious affiliation or which derive their
principles from religious beliefs are registerable.
e). Financial contributions from foreign governments and their agencies to
political parties, organizations, coalitions, or candidates related to elections
constitute interference in national affairs.  If accepted, it is an additional
ground for the cancellation of their registration with the Commission, in
addition to other penalties that may be prescribed by law.
1)    File, upon a verified complaint, or on its own initiative, petitions in court
for inclusion of exclusion of voters; investigate and, where appropriate,
prosecute cases of violations of election laws, including acts or omissions
constituting elections frauds, offenses and malpractices.
1. COMELEC has exclusive jurisdiction to investigate and prosecute
cases for violations of election laws.
2. COMELEC can deputize prosecutors for this purpose.  The
actions of the prosecutors are the actions of the COMELEC
3. Preliminary investigation conducted by COMELEC is valid.
2)    Recommend to the Congress effective measures to minimize election
spending, including limitation of places where propaganda materials shall be
posted, and to prevent and penalize all forms of election frauds, offenses,
malpractices, and nuisance candidacies.
3)    Recommend to the President the removal of any officer or employee it
has deputized, or the imposition of any other disciplinary action, for violation
or disregard or, or disobedience to its directive, order, or decision.
4)    Submit to the President and the congress a comprehensive report on
the conduct of each election, plebiscite, initiative, referendum, or recall. Poll Watchers
 Political parties, etc. are entitled to appoint poll watchers in
Section 3.  RULES OF PROCEDURE/DECISION-MAKING accordance with law.

Rules of Procedure
1)    COMELEC can sit en banc or in two divisions
2)    It has the power to promulgate its own rules of procedure in order to
expedite disposition of election cases, including pre-election controversies.
Decision-Making
1) Election cases should be heard and decided in division. Provided that,
2) Motions for reconsideration of decisions should be decided by COMELEC
en banc.
3) ”Decisions” mean resolutions on substantive issues.
2)    If a division dismisses a case for failure of counsel to appear, the Motion
for Reconsideration here may be heard by the division.
3)    EXCEPTION: COMELEC en banc may directly assume jurisdiction over
a petition to correct manifest errors in the tallying of results by Board of
Canvassers.
Section 4.  SUPERVISION/REGULATION OF FANCHISES / PERMITS /
GRANTS / SPECIAL PRIVILEGES / CONCESSIONS
Regulation of franchises
A. What can COMELEC supervise or regulate
1). The enjoyment or utilization of all franchises or permits for the operation
of transportation and other public utilities, media of communication or
information.
2). Grants, special privileges or concessions granted by the Government or
any subdivision, agency or instrumentality thereof, including any GOCC or its
subsidiary
B. When can COMELEC exercise this power
  1). During the election period
a). Under Article XI, Section 9, the election period commences 90 days
before
the day of the election and ends 30 days thereafter.
b). In special cases, COMELEC can fix a period.
2). Applies not just to elections but also to plebiscites and referenda.
3). Plebiscite: Submission of constitutional amendments or important
legislative measures to the people ratification
4). Referendum:  power of the electorate to approve or reject legislation
through an election called for that purpose.
COMELEC and the MEDIA
1). COMELEC cannot compel print media to donate free space to the
COMELEC.  It may, however, compel it to provide space after paying just
compensation.
2). Power of COMELEC is over franchises and permits, NOT individuals. For
example, COMELEC may not regulate media practitioners, for this would
violate the freedom of expression.
Section 5.  No pardon, amnesty, parole, or suspension of sentence for
violation of election laws, rules, and regulations shall be granted by the
President without the favorable recommendation of the Commission.
Section 6
Definition of Political Party
 organized group of persons pursuing the same political ideals in a
government and includes its branches, and divisions
Importance of registration of a political party
1)    Registration confers juridical personality on the party.
2)    It informs the public of the party’s existence and ideals.
3)    It identifies the party and its officers for purposes of regulation by the
COMELEC.
Section 7.  No votes cast in favor of a political party, organization, or coalition
shall be valid, except for those registered under the party-list system as
provided in this Constitution.
Prohibition on block-voting
1) General rule: Block voting NOT allowed
2) EXCEPTION: those registered under the party-list system
Section 8.  PARTY LIST SYSTEM
No Right to be Represented in Various Boards
 Political parties, organizations, or coalitions registered under the
party-list system shall NOT be represented in the following:
1). Voters’ registrations boards,
2). Boards of election inspectors,
3). Boards of canvassers, or
4). Other similar bodies.
Section 10.  Bona fide candidates for any public office shall be free from any
form of harassment and discrimination.
 This section does not give candidates immunity from suit.
 Discrimination includes unequal treatment in the availment of
media facilities.
Section 11.  FUNDING
How provided
1)    Funds certified by the COMELEC as necessary to defray the expenses
for holding regular and special elections, plebiscites, initiative, referenda and
recalls, shall provided in the regular or special appropriations.
2)    Funds should be certified by the COMELEC as necessary.
Release of funds
 Once approved, funds should be released automatically upon
certification by the Chairman of COMELEC.
THE COMMISSION ON AUDIT
Section 1.  COMPOSITION/QUALIFICATIONS
Composition:
1)    Chairman, and
2)    Commissioners (2).
Qualifications:
1)    Natural-born citizens of the Philippines
2)    At least 36 years old at the time of their appointment;
3)    Either:
a). CPA’s with at least 10 years auditing experience; or
b). Members of Phil. Bar with 10 years of practice.
4)    Members cannot all belong to the same profession.
5)    Subject to confirmation of the CA.
6)    Must not have been candidates for any elective position in the elections
immediately preceding their appointment.
Term:
1)    Chairman -7 yrs; Commissioner1 -5yrs; Commissioner – 2 -3 yrs.
2)    LIMITATION: – Single terms only; no re-appointment allowed
3)    Appointments to any vacancy shall only be for the unexpired portion of
predecessor’s term.
Section 2.  POWERS
1)    Examine, audit, and settle accounts pertaining to:
1. Revenue and receipts of funds or property; or
2. Expenditures and uses of funds or property
Owned or held in trust by, or pertain to:
1. The Government;
2. Any of its subdivisions, agencies or instrumentalities;
3. Including GOCC’s with original charters.
2)    Conduct post-audit with respect to the following:
1. Constitutional bodies, commissions, and offices granted fiscal
autonomy;
2. Autonomous state colleges and universities;
3. GOCC’s and their subsidiaries incorporated under the
Corporation Code.
4. None-governmental entities receiving subsidies or equity, directly
or indirectly, from or through the government, which are required by
law of the granting of institution to submit to such audit.
3)    If COA finds internal control system of audited agencies as inadequate,
COA may adopt measures, including temporary or special pre-audit, as may
be necessary.
4)    Keep the general accounts of the government, preserving vouchers and
other supporting papers pertaining thereto.
5)    Exclusive authority to define the scope of COA’s audit and examination
and to establish the techniques and methods required therefor.
6)    Promulgate accounting and auditing rules and regulations.
1. Including those for the prevention or disallowance of irregular,
unnecessary, excessive, extravagant, or unconscionable
expenditures or uses of government funds and properties.
2. Failure to comply with these rules can be a ground for
disapproving the payment of a proposed expenditure.
Note:
1)    The functions of COA can be classified as:
1. Examine and audit all forms of government revenues;
2. Examine and audit all forms of gov’t expenditures
3. Settle gov’t accounts
 4. Promulgate accounting and auditing rules (including those for the 5)      The President may, however, impose administrative sanctions against
prevention of irregular…expenditures. LGU officials, such as suspension for 120 days, and may even remove them
5. To decide administrative cases involving expenditures of public from their posts, in accordance with law.
funds. 6)      Provinces exercise direct supervision over component cities and
2)    COA can settle only LIQUIDATED ACCOUNTS or those accounts which municipalities.
may be adjusted simply by arithmetic process. 7)      Cities and municipalities exercise direct supervision over component
3)    COA has authority not just over accountable officers but also over other barangays.
officers who perform functions related to accounting such as verification of
evaluations and computation of fees collectible, and the adoption of internal Section 5.  EACH LOCAL GOVERNMENT SHALL HAVE THE POWER TO
rules of control. CREATE OWN SOURCES OF REVENUE/LEVY TAXES, FEES AND
4)    COA does not have the power to fix the amount of an unfixed or CHARGES ETC.
undetermined debt.
5)    Where the following requirements are complied with, it becomes the Limitations on Power
ministerial duty of the COA to approve and pass in audit vouchers for 1)      It is subject to such guidelines and limitations as Congress may
payment: provide.  See Local Government Code for examples.
1. There is a law appropriating funds for a particular purpose; 2)      The guidelines set by Congress should be consistent with the basic
2. There is a contract, made by the proper officer, entered into in policy of local autonomy.
conformity with the above-mentioned law; Accrual of taxes, fees, charges
3. The goods or services covered by such contract have been
delivered or rendered in pursuance to such contract, as attested by The taxes, fees and charges shall accrue exclusively to the local
the proper officer; and governments.
4. Payment has been authorized by officials of the corresponding
department or bureau.  Section 6. LGUs SHALL HAVE A JUST SHARE IN NATIONAL TAXES, AS
6)    Prosecutors may still review accounts already settled and approved by DETERMINED BY LAW, WHICH SHALL BE AUTOMATICALLY RELEASED
COA for the purpose of determining possible criminal liability.  This is TO THEM
because COA’s interest in such accounts is merely administrative.
7)      COA has the power to determine the meaning of ‘public bidding’ and Internal Revenue Allotment (IRA)
what constitutes failure when regulations require public bidding for the sale 1)      Share of LGUs in national taxes is limited to the internal revenue taxes.
of government property. 2)      The share of each LGU should be released, without need of any further
action, directly to the provincial, city, municipal or barangay treasurer. 
Section 3.  No law shall be passed exempting any entity of the Government Release is made on a quarterly basis within 5 days after the end of each
or its subsidiary in any guise whatever, or any investment of public funds, quarter.
from the jurisdiction of the Commission on Audit. 3)      The share of each LGU should not be subject to any lien or holdback
that may be imposed by the national government for whatever purpose.
ARTICLE X: LOCAL GOVERNMENT 4)      Each LGU should appropriate in its annual budget at least 20% of its
  annual IRA for development projects.
Section 1.  TERRITORIAL/POLITICAL SUBDIVISIONS OF THE REPUBLIC 5)      Adjustments in IRA
OF THE PHILIPPINES ARE THE: 1. Ground:  Unmanageable public section deficit
2. President can make the necessary adjustments in the IRA upon
Composition: the recommendation of the following:
1)      Provinces 1. Department of Finance Secretary
2)      Cities; 2. DILG Secretary
3)      Municipalities; and 3. DBM Secretary
4)      Barangays 6)      IRA considered for purposes of conversion from one political
subdivision to the next.  (Alvarez v. Guingona)
There shall be Autonomous regions in:
1)      Muslim Mindanao, and Section 7.  SHARE OF LGUS IN NATIONAL WEALTH
2)      Cordileras [At present, it is only the Cordilera ADMINISTRATIVE Share of LGUs in national wealth
region] 1)      LGUs are entitled to an equitable share in the proceeds of the
Note:    1) A third autonomous regions would require a constiutional utilization and development of the national wealth within their respective
amendment. areas in the manner provided by law.
2) These political subdivisions, created by the Constitution cannot be 2)      This includes share the same with the inhabitants by way of direct
replaced by AMENDMENT, and not by law. benefits.
3) While Congress can abolish or eradicate individual units, it cannot abolish Under the LGC
an entire class of LGU’s 1)      LGUs have a share of 40% of the gross collection derived by the
national government from the preceding fiscal year from
Section 2.  Local Autonomy 1. Mining taxes
1)      All political subdivisions shall enjoy local autonomy 2. Royalties
2)      This does not mean that the LGU’s are completely free from the central 3. Forestry and fishery charges
government. 4. Other taxes, fees and charges
1. Judiciary may still pass on LGU actions 5. Share in any co-production, joint venture or production sharing
2. President may exercise disciplinary power over LGU officials. agreement in the utilization and development of the national wealth
w/in their territorial jurisdiction
Sec. 3. Congress shall enact a local government code which shall provide for
a more responsive and accountable local government structure instituted Sec. 8.  TERM OF OFFICE
through a system of decentralization with effective mechanisms of recall,
initiative, and referendum, allocate among the different local government Term of Office
units their powers, responsibilities, and resources, and provide for the Elective local officials, now including barangay officials have a term of 3
qualifications, election, appointment and removal, term, salaries, powers and years.
functions and duties of local officials, and all other matters relating to the
organization and operation of the local units. Limitations:
  1)      No elective official shall serve for more than 3 consecutive terms
Section 4.  PRESIDENTIAL SUPERVISION OF LGUS 2)      Voluntary renunciation of office for any length of time shall not be
Supervision of President considered as an interruption in the continuity of his service for the full term
1)      The President exercises general supervision over all LGUs for which he was elected.
2)      The President exercises DIRECT supervision over
1. Provinces Sec. 9.  SECTORAL REPRESENTATION IN LGUS
2. Autonomous regions and
3. Independent cities. Legislative bodies of the local governments shall have Sectoral
3)      This power is limited to ensuring that lower officers exercise their Representation (under the LGC) as may be provided by law
functions in accordance with law.
4)      The president cannot substitute his judgment for that of an LGU official There should be representatives from:
unless the latter is acting contrary to law. 1)      The women’s sector
2)      The workers Factors:
3)      Third sector (can choose from any of the following) 1)      Historical heritage
A)    Urban poor 2)      Cultural heritage
B)     Indigenous cultural communities 3)      Economic and social structures,
C)     Disabled persons 4)      Other relevant characteristics within:
D)    Any other sector as may be determined by the sanggunian 1. The framework of the consititution
2. National sovereignty
Election of Sector Representatives 3. Territorial integrity.

Sec. 10. Creation, abolition and division of LGU’s Creation:

1)      Requisites 1)      Provided by law.
1. Compliance with the requirements of the Local Government 2)      EFFECTIVITY of such creation occurs only when it is approved by a
Code; and majority of the votes cast in a plebiscite held among the constituent units.
2. Approved by a majority of the votes cast in a plebiscite held in the 3)      Only those Provinces, Cities, and Geographical Areas voting favorably
political units DIRECTLY affected. in such plebiscite shall form part of the autonomous region.
2)      Thus, a province is supposed to be divided into 2 separate provinces, 4)      If only 1 province approved the law, NO AUTONOMOUS REGION
plebiscite will include voters of the ENTIRE province, and not just the area to created, since the constitution requires more than one province to constitute
comprise the new province. one (like what happened in the Cordillera plebiscite)
3)      LGC requirements relate to matters such as population, revenue, and 5)      The question of which LGU’s shall constitute an autonomous region is
area requirements. one which is exclusively for Congress to decide.

Sec. 11.  Metropolitan political subdivisions Section 16.  GENERAL SUPERVISION OVER AUTONOMOUS REGIONS
Creation: By Whom:
1)      Congress may create special metropolitan political subdivisions by law. The President
2)      It is subject to a plebiscite
Jurisdiction of Metropolitan authority Purpose:
It is limited to basic services requiring coordination. To ensure that the laws are faithfully executed.
Basic Autonomy of Component Cities and Municipalities
1)      The component cities and municipalities retain their basic autonomy Sec. 17.  All powers, functions and responsibilities not granted by this
2)      They shall be entitled to their own local executive and legislative Constitution or by law to the autonomous region shall be vested in the
assemblies. National Government.
Examples:        1) Foreign relations,
Sec. 12.  CITIES 2) National defense and Security
Classification of Cities: 3) Monetary Affairs
1)      Highly urbanized (as determined by law)
2)      Component cities (cities still under provincial control); and Section 20.  LEGISLATIVE POWERS
3)      Independent component cities (non-highly urbanized cities whose The Organic Act of Autonomous Region shall provide for legislative powers
voters are prohibited by thecity charter from voting in provincial elections) over:
Independence from the Province 1)      Administrative organization;
1)      Highly urbanized cities and independent component cities are 2)      Creation of sources of revenues;
independent of the province. 3)      Ancestral domain and natural resources
2)      Component cities whose charter contain no such prohibition are still 4)      Personal, family and property relations
under the control of the province and its voters may still vote for elective 5)      Regional, urban, and rural planning development;
provincial officials. 6)      Economic, social, and tourism development;
7)      Educational policies;
Section 13.  Coordination among LGUS 8)      Preservation and development of the cultural heritage; and
Consolidation and Coordination of Efforts, Services and Resources 9)      Such other matters as may be authorized by law for the promotion of
1)      It is optional on the part of LGUs as shown by the use of the word the general welfare of the people of the region.
“may”
2)      It can be done for purposes commonly beneficial to them in Limitations:
accordance with the law. 1)      Subject to the provisions of the Constitution and national laws
2)      To be exercised within its territorial jurisdiction
Under LGC (Section 33)
1)      Consolidation and coordination may be done through appropriate Section 21.  PRESERVATION OF PEACE AND ORDER/DEFENSE AND
ordinances. SECURITY
2)      A public hearing should be conducted and the approval of the Peace and Order
sanggunian obtained. It shall be the responsibility of the local police agencies.
3)      An LGU can: Defense and Security
1. Contribute funds, real estate, equipment and other kinds of It shall be the responsibility of the national government.
property
2. Appoint/assign personnel under such terms and conditions as ARTICLE XI: ACCOUNTABILITY OF PUBLIC OFFICERS
may be agreed upon by the participating LGUs through Memoranda  
of Agreement. Section 1: PUBLIC OFFICE AS A PUBLIC TRUST
Public officers and employees must at all times be accountable to the
Section 14.  REGIONAL DEVELOPMENT COUNCILS people, serve them with utmost responsibility, integrity, loyalty and efficiency,
act with patriotism and justice and lead modest lives.
Who can provide for RDC  
The President shall provide for RDC or other similar bodies composed of: Section 2: IMPEACHMENT/REMOVAL FROM OFFICE
Composition Impeachment: (as means of removal from office)
1)      Local government officials
2)      Regional heads of departments and other government offices 1.  Who may be impeached:
3)      Representatives of NGOS within the regions - President
For Purpose of - VP
1)      Administrative decentralization - SC Justices
2)      To strengthen local autonomy - Constitutional Commission members
3)      To accelerate the economic and social growth and development of the - Ombudsman
units in the region
2.  Grounds
Section 15.  AUTONOMOUS REGIONS - Culpable violation of the Constitution
Where: - treason
1)      Muslim Mindanao - bribery
2)      Cordillera region - graft and corruption
- other high crimes or
- betrayal of public trust 5.)    Must not have been candidate for any elective office in the immediately
preceding election
Note: It is an exclusive list.  Congress cannot, by law, add to the list of 6.)    For Ombudsman: He must have been for ten years or more
impeachable offenses. 1. A judge or
1. These officers cannot be charged in court with offenses that have 2. Engage in the practice of law in the Philippines
removal from office as penalty.
2. The President cannot be charged with murder. Disqualifications/Prohibitions (under Article IX, Section 2)
3. A SC Justice cannot be disbarred because this would disqualify 1.)    Cannot hold any other office or employment during his tenure
him from his position. 2.)    Cannot engage in the practice of any profession or in the active
4. BUT AFTER an official has been impeached, he can be charged management or control of any business which may be affected by the
with the appropriate offense. functions of his office
5. Resignation by an impeachable official does not place him 3.)    Cannot be financially interested, directly or indirectly, in any contract
beyond the reach of impeachment proceedings; he can still be with or in any franchise or privilege granted by the Government, any of its
impeached subdivisions, agencies or instrumentalities, including GOCCs or their
subsidiaries.
All Other Public Officers and Employees
1.  They may be removed from office as provided by law Appointment
2.  BUT: NOT by impeachment 1.  Of Ombudsman and deputies
1. By the president from a list of at least 6 nominees prepared by the
Section 3: PROCEDURE FOR IMPEACHMENT Judicial and Bar Council. Vacancies will be filled from a list of 3
nominees
Exclusive Power of House of Representatives 2. Appointments do NOT require confirmation
The House of Representatives has exclusive power to INITIATE all cases of 3. All vacancies shall be filled within 3 months after they occur.
impeachment.
2.  Of other officials and employees of the Office of the Ombudsman
Procedure: 1. By the Ombudsman
1.  Filling of verified complaint 2. In accordance with Civil Service Law
1. Can be filed by:
1. Any member of the House of Representatives or Term: (Ombudsman and deputies)
2. Any citizen upon a resolution of endorsement by any Member of 1.  7 years with reappointment
the House or 2.  They are NOT qualified to run for any office in the election immediately
3. By at least 1/3 of all the Members of the House of succeeding their cessation from office
Representatives
2.)  Inclusion of complaint in the order of business with 10 session days Rank/Salaries:
3.)  Referral to proper Committee within 3 session days thereafter 1.  The Ombudsman has the rank of Chairman of a Constitutional
4.)   Submission of Committee report to the House together with Commission
corresponding resolution 2.  The Members have the rank of members of a Constitutional Commission
1. There should be a hearing 3.  Their salaries cannot be decreased during their term of office.
2. There should be a majority vote of the members
3. The report should be submitted within 60 days from referral, after Powers, Functions and Duties of the Office of the Ombudsman
hearing, and by a majority vote of ALL its members. 1.  Investigate on its own, or on complaint by any person, any act or
5.)  Calendaring of resolution for consideration by the House omission of any public official, employee, office or agency, when such act or
Should be done within 10 session days from receipt thereof omission appears to be illegal, unjust, improper, or inefficient.
6.)   Vote of at least 1/3 of all Members of the House necessary to: 1. The SC held that the power to investigate and prosecute cases
1. Affirm a favorable resolution with the Articles of Impeachment of involving public officers and employees has been transferred to the
the Committee or Ombudsman.
2. To override its contrary resolution 2. The Ombudsman may always delegate his power to investigate.
Note: If the verified complaint or resolution of impeachment was filed by at 3. The power to investigate includes the power to impose preventive
least 1/3 of all the Members of the House, it shall constitute the Articles of suspension.
Impeachment.  Trial in the Senate shall proceed. 4. This preventive suspension is not a penalty.
7.)        Trial in the Senate 5. “INVESTIGATE” does not mean preliminary investigation.
1. Senate has the sole power to try and decide all cases of 6. The complaint need not be drawn up in the usual form.
impeachment 7. The “ILLEGAL” act or omission need not be in connection with the
2. For this purpose, the Senators shall be under oath or affirmation duties of the public officer or employee concerned.
3. When the President of the Philippines is on trial, the CJ of the 8. ANY illegal act may be investigated by the Ombudsman.  In this
Supreme Court presides.  However, he/she will not vote. regard, the Ombudsman’s jurisdiction is CONCURRENT with that of
8.)          Judgment of Conviction the regular prosecutors.
This requires the concurrence of 2/3 of all the Members of the Senate 2.  Direct, upon complaint or at its own instance, any public official or
9.)          Effect of the Impeachment employee of the government, or any subdivision, agency or instrumentality
1. Removal from office of the official concerned thereof, as well as of any government-owned or controlled corporation with
2. Disqualification to hold any office under the Republic of the original charter, to perform and expedite any act of duty required by law, or
Philippines to stop, prevent, and correct any abuse or impropriety in the performance of
3. Officer still liable to prosecution, trial, and punishment if the duties.
impeachable offense committed also constitutes a felony or crime. 1. The Ombudsman has PERSUASIVE POWER, and may require
that proper legal steps are taken by the officers concerned.
Section 4: SANDIGANBAYAN 2. The public official or employee must be employed in:
(I).       The Government
Sandiganbayan = the anti-graft court (II).      Any subdivision, agency, or instrumentality thereof; or
(III).     GOCC’s with original charters
Sections 5-6, 8-14:  OFFICE OF THE OMBUDSMAN 1. The SC has held that the SP may prosecute before the
Sandiganbayan judges accused of graft and corruption, even if they
Composition: are under the Supreme Court.
1.)                Ombudsman/Tanodbayan 3.)  Direct the officer concerned to take the appropriate action against a
2.)                Overall deputy public official or employee at fault, and recommend his removal, suspension,
3.)                At least one Deputy each for Luzon, Visayas and Mindanao demotion, fine, censure, or prosecution, and ensure compliance therewith.
4.)                Deputy for military establishment may be appointed 1. The Ombudsman does NOT himself prosecute cases against
public officers or employees.
Qualifications: (Ombudsman and his deputies) 2. Final say to prosecute still rests in the executive department.
1.)    Natural born citizen of the Philippines 3. The Ombudsman or Tanodbayan may use mandamus to compel
2.)    At least 40 years old at time of appointment the fiscal to prosecute.
3.)    Of recognized probity and independence 4.)  Direct the officer concerned, in any appropriate case, and subject to such
4.)    Member of the Philippine bar limitations as may be provided by law to furnish it with copies of documents
relating to contracts or transactions entered into by his office involving the
disbursement or use of public funds of properties, and report any irregularity 3.)    Members of the Cabinet
to COA for appropriate action. 4.)    Members of Congress
5.) Request any government agency for assistance and information 5.)    Justices of the Supreme Court
necessary in the discharge of its responsibilities, and to examine, if 6.)    Members of Constitutional Commissions
necessary, pertinent records and documents. 7.)    Other constitutional offices
6.) Public matters covered by its investigation when circumstances so 8.)    Officers of the armed forces with general or flag rank
warrant and with due process.
7.) Determine the cause of inefficiency, red tape, mismanagement, fraud and Section 18: Allegiance of public officers and employees
corruption in the government and make recommendations for their
elimination and the observance of high standards of ethics and efficiency Allegiance to the State and to the Constitution
8.) Promulgate its rules of procedure and exercise such other powers or
perform such functions or duties as may be provided by law. Change in Citizenship/Immigrant Status
Note: The Office of the Ombudsman also has the duty to act promptly on 1.)    Incumbent public officers and employees who seek either:
complaints filed in any form or manner against public officials or employees 1. Change his citizenship; or
of the government, or any subdivision, agency or instrumentality including 2. Acquire immigrant status in another country
GOCCs and their subsidiaries.  In appropriate cases, it should notify the Shall be dealt with by law.
complainants of the action taken and the result thereof. 2.)    If Philippine citizenship is one of the qualifications to the office, the loss
of such citizenship means the loss of the office by the incumbent.
Fiscal Autonomy 3.)    The Election Code provides the rules with respect to non-incumbents,
The Office of the Ombudsman enjoys fiscal autonomy.  Its approved annual i.e. persons running for elective offices.
appropriations should be automatically and regularly released. 1. The Code provides that permanent residents of or immigrant to a
foreign country cannot file certificates of candidacy unless they
Section 7:  OFFICE OF THE SPECIAL PROCECUTOR expressly waive their status as such
1. Under the 1987 Constitution, the existing Tanodbayan became the Office This renunciation must be some other than, and prior to, the filling of the
of the Special Prosecutor certificate of candidacy.
2. Powers
1. It will continue to function and exercise its powers as now or ARTICLE XII – NATIONAL ECONOMY AND PATRIMONY
hereafter may be provided by law  
2. Exception: Powers conferred on the Office of the Ombudsman Sec. 1.  GOALS OF THE NATIONAL ECONOMY
3. The Office of the Special Prosecutor is subordinate to and acts under the
orders of the Ombudsman Three-fold goal:
Note: According to Jack, the SC was wrong because the ConCom intended 1.  More equitable distribution of opportunities, income and wealth;
that the SP was to prosecute anti-graft cases. 2.  Sustained increase in the amount of goods and services produced by the
  nation for the benefit of the people; and
Section 15: RECOVERY OF ILL-GOTTEN WEALTH 3.  Expanding productivity, as the key to raising the quality of life for all.
Prescription, Laches, Estoppel The State shall promote industrialization and full employment
1.)    The right of the State to recover properties unlawfully acquired by public 1.  It should be based on sound agricultural development and agrarian
officials and employees from them or from their nominees or transferees reform
shall NOT be barred by prescription, laches or estoppel. 2.  It should be through industries that make full and efficient use of human
2.) Their right to prosecute criminally these officials and employees may and natural resources.  Industries should also be competitive in both
prescribe. domestic and foreign markets.
Section 16: PROHIBITION ON CERTAIN FINANCIAL TRANSACTIONS Protection of Filipino enterprises
The State shall protect Filipino enterprises against unfair foreign competition
Coverage: and trade practices.
This prohibition applies to:
1.)    President Role of Private Enterprises
2.)    Vice-President Private enterprises, including corporations, cooperatives, and similar
3.)    Members of the Cabinet collective organizations, shall be encouraged to broaden the base of their
4.)    Members of Congress ownership
5.)    Members of Supreme Court
6.)    Members of Constitutional Commissions Section 2. REGALIAN DOCTRINE
7.)    Ombudsman
8.)    Any firm or entity in which they have controlling interest Distinction between Imperium and Dominium.
1.  Imperium
When prohibition applies: Government authority possessed by the State which is appropriately
Prohibition applies during their TENURE. embraced in sovereignty.
2.  Dominium
Scope of prohibition: 1. The capacity of the State to own and acquire property.
1.)    The above mentioned officials cannot obtain, directly or indirectly for 2. It refers to lands held by the government in a proprietary
BUSINESS PURPOSES: character: can provide for the exploitation and use of lands and
1. Loans other natural resources.
2. Guarantees
3. Other forms of financial accommodation Scope:
From: The following are owned by the State:
1. Government owned or controlled banks; or 1.  Lands of the public domain:
2. Government owned or controlled financial institutions. Waters
2.)    If the loan, etc, is NOT for business purpose, e.g. a housing loan, the Minerals, coals, petroleum, and other mineral oils;
prohibition does not apply. All sources of potential energy;
Fisheries;
Section 17: Statements of assets, liabilities and net worth Forests or timber;
Wildlife;
When submitted: Flora and fauna; and
Public officer and employee shall submit a declaration under oath of his Other natural resources.
assets, liabilities and net worth upon assumption of office and as often as
required under the law. Alienation of Natural Resources
1.  General Rule:  All natural resources CANNOT be alienated
When declaration shall be disclosed to the public: 2.  Exception:  Agricultural lands
These declarations shall be disclosed to the public in a manner provided by
law in the case of: Exploration, Development and Utilization of Natural Resources
1.)    President 1.  Shall be under the full control and supervision of the State
2.)    Vice-President 2.  Means
A.  The state may DIRECTLY UNDERTAKE such activities
B. The state may enter into CO-PRODUCTION, JOINT VENTURE OR
PRODUCTION-SHARING arrangements with
1. Filipino citizen or
2. Corporation or association at least 60% of whose capital is owned
by such citizens
3.  Limitations:
A.  Period:  It should not exceed 25 years, renewable for not more than 25
years
B.  Under terms and conditions as may be provided by law.
4. In case of water rights/water supply/fisheries/industrial uses other than the
development of water power
The beneficial use may be the measure and limit of the grant.
Small-scale Utilization of Natural Resources
1. Congress may, by law, authorize small-scale utilization of natural
resources by Filipino citizens
2. Congress may also authorize cooperative fish farming with priority given to
subsistence fishermen and fishworkers in the rivers, lakes, bays and
lagoons.
Large-Scale Exploration, Development and Utilization of
Minerals/Petroleum/Other Mineral Oils
1.  The President may enter into agreements with foreign owned
corporations involving technical or financial assistance for large-scale
exploration etc. of minerals, petroleum, and other mineral oils.  These
agreements should be in accordance with the general terms and conditions
provided by law.
2.  They should be based on the real contributions to economic growth and
general welfare of the country.
3.  In the agreements, the State should promote the development and use of
local scientific and technical resources.
4.  The President should notify Congress of every contract under this
provision within 30 days from its execution.
5.  Management and service contracts are not allowed under this rule.
Protection of Marine Wealth
1.  The State shall protect its marine wealth in its
Archipelagic waters
Territorial sea &
EEZ
2.  The State shall reserve its use and enjoyment exclusively to Filipino
citizens.
Section 3.  LANDS OF THE PUBLIC DOMAIN ARE CLASSIFIED INTO
1.  Agricultural
2.  Forest/timber
3.  Mineral lands &
4.  National Parks
Note:
1.  Classification of public lands is an exclusive prerogative of the Executive
Department through the Office of the President, upon recommendation by
the DENR.
2.  Classification is descriptive of the legal nature of the land and NOT what it
looks like.  Thus, the fact that forest land is denuded does not mean it is no
longer forest land.
Alienable lands of public domain
1.  Only agricultural lands are alienable.
2.  Agricultural lands may be further classified by law according to the uses
to which they may be devoted.
Limitations regarding Alienable Lands of the Public Domain
1.  For private corporations or associations
A.  They can only hold alienable lands of the public domain BY LEASE
            B.  Period:  Cannot exceed 25 years, renewable for not more than 25
years
C.  Area:  Lease cannot exceed 1,000 hectares
Note:  A  corporation sole is treated like other private corporations for the
purpose of acquiring public lands.
2.  For Filipino citizens
A.  Can lease up to 500 hectares
B.   Can ACQUIRE not more than 12 hectares by purchase, homestead or
grant.
Taking into account the requirements of conservation, ecology and
development, and subject to the requirements of agrarian reform, Congress
shall determine by law the size of the lands of the public domain which may
be acquired, developed, held or lease and the conditions therefore.
Means by Which Lands of the Public Domain Become Private Land
1.  Acquired from government by purchase or grant;
2.  Uninterrupted possession by the occupant and his predecessors-in-
interest since time immemorial; and
3.  Open, exclusive, and undisputed possession of ALIENABLE (agricultural)
public land for a period of 30 years.
A.  Upon completion of the requisite period, the land becomes private
property ipso jure without need of any judicial or other sanction.
B.  Here, in possession since time immemorial, presumption is that the land
was never part of public domain.
C.  In computing 30 years, start from when land was converted to alienable
land, not when it was still forest land
D.  Presumption is that land belongs to the State.
Section 4.  Congress shall, as soon as possible, determine by law, the
specific limits of forest lands and national parks, marking clearly their
boundaries on the ground.  Thereafter, such forest lands and national parks
shall be conserved and may not be increased or diminished, EXCEPT by
law.  Congress shall provide measures to prohibit logging in
1. a.      Endangered forest and
2. b.      Watershed areas for such period as it may determine.
Section 5.  ANCESTRAL LANDS
Protection of Indigenous Cultural Communities
1.  The State protects the rights of indigenous cultural communities to their
ancestral lands
A.  Subject to Constitutional provisions
B.  Subject to national development policies and programs
2.  In determining ownership and extent of ancestral domain, Congress may
use customary laws on property rights and relations.
3.  “ANCESTRAL DOMAIN”
A.  It refers to lands which are considered as pertaining to a cultural region
B.  This includes lands not yet occupied, such as deep forests.
Section 7.  PRIVATE LANDS
General rule
1.  Private lands CAN only be transferred or conveyed to:
A.  Filipino citizens
B. Corporations or associations incorporated in the Philippines, at least 60%
of whose capital is owned by Filipino citizens
2.  Exceptions
A.  In intestate succession, where an alien heir of a Filipino is the transferee
of private land.
B.  A natural born citizen of the Philippines who has lost his Philippine
citizenship may be a transferee of PRIVATE ALND, subject to limitation
provided by law.  Hence, land can be used only for residential purposes.  In
this case, he only acquires derivative title.
C.  Foreign states may acquire land but only for embassy and staff residence
purposes.
3.  Filipino citizenship is only required at the time the land is acquired.  Thus,
loss of citizenship after acquiring the land does not deprive ownership.
4.  Restriction against aliens only applies to acquisition of ownership. 
Therefore:
A.  Aliens may be lessees or usufructuaries of private lands
B.  Aliens may be mortgages of land, as long as they do not obtain
possession thereof and do not bid in the foreclosure sale.
5.  Land tenure is not indispensable to the free exercise of religious
profession and worship.  A religious corporation controlled by non-Filipinos
cannot acquire and own land, even for religious purposes.
Remedies to recover private lands from disqualified aliens:
1.  Escheat proceedings
2.  Action for reversion under the Public Land Act
3.  An action by the former Filipino owner to recover the land
A.  The former pari delicto principle has been abandoned
B.  Alien still has the title (didn’t pass it on to one who is qualified)
Section 10.  NATIONAL ECONOMY AND PATRIMONY/INVESTMENTS
Power of Congress
1.  Congress, upon the recommendation of NEDA, can reserve to Filipino
citizens or to corporations or associations at least 60% of whose capital is
owned by such citizens, or such higher percentage as Congress may
prescribe, certain areas of investment.  This may be done when the national
interest dictates.
2.  Congress shall also enact measures to encourage the formation and
operation of enterprises whose capital is wholly owned by Filipinos.
National Economy and Patrimony
In the grant of rights, privileges and concessions covering the national
economy and patrimony, the State shall give preference to QUALIFIED
Filipinos.
Section 11.  FRANCHISES FOR PUBLIC UTILITIES
Power to grant:
1.  Congress may directly grant a legislative franchise; or
2. Power to grant franchises may be delegated to appropriate regulatory  
agencies and/or LGU’s Mass Media                                                             1.  Filipino citizens; or
Public utility 2. Corporations incorporated in RP, and 100% Filipino owned
1.  In order to be considered as a public utility, and thus subject to this  
provision, the undertaking must involve dealing directly with the public. Advertising                                                            1.  Filipino citizens; or
2.  Thus, a Build-Operate-Transfer grantee is NOT a public utility.  The BOT 2. Corporations incorporated in RP, and 70% Filipino owned.
grantee merely constructs the utility, and it leases the same to the  
government.  It is the government which operates the public utility (operation Educational institution                                     1.  Filipino citizens; or
separate from ownership). 2. Corporations incorporated in RP, with 60% Filipino ownership
EXCEPT:  Schools established by religious groups and mission boards.
To whom granted: *Congress may, by law, increase Filipino equity requirements for ALL
1.  Filipino citizens or educational institutions.
2.  Corporations or associations incorporated in the Philippines and at least  
60% of the capital is owned by Filipino citizens. Other economic activities                                Congress may, by law, reserve
to Filipino citizens or to corporations 60% Filipino owned (or even higher)
Terms and conditions: certain investment areas.
1.  Duration:  Not more than 50 years
2.  Franchise is NOT exclusive in character
3.  Franchise is granted under the condition that it is subject to amendment, ARTICLE XIII – SOCIAL JUSTICE AND HUMAN RIGHTS
alteration, or repeal by Congress when the common good so requires.
Participation of Foreign Investors Social Justice
1. The participation of foreign investors in the governing body of any public 1)   Social justice in the Constitution is principally the embodiment of the
utility enterprise shall be limited to their proportionate share in its capital. principle that those who have less in life should have more in law.
2.  Foreigners cannot be appointed as the executive and managing officers 2)   The 1987 Constitution advances beyond what was in previous
because these positions are reserved for Filipino citizens. Constitutions in that it seeks not only economic social justice but also
political social justice.
Section 16.  FORMATION/ORGANIZATION/REGULATION OF
CORPORATIONS Principal activities in order to achieve social justice
1.  Private corporations 1)   Creation of more economic opportunities and more wealth; and
Congress can only provide for the formation, etc of private corporations 2)   Closer regulation of the acquisition, ownership, use and disposition of
through a general law. property in order to achieve a more equitable distribution of wealth and
2.  GOCC’s political power.
They may be created by:
a. Special charters in the interest of the common good and subject to the test Labor
of  economic viability.  Section 3 of Article XIII elaborates on the provision in Article II by
b. By incorporation under the general corporation law. specifying who are protected by the Constitution, what rights are
guaranteed, and what positive measures the state should take in
Sections 18-19.  SPECIAL ECONOMIC POWERS OF THE GOVERNMENT order to enhance the welfare of labor.
1.  Temporary takeover or direction of operations:
A.  Conditions Right to organize and to hold peaceful concerted activities
i.  National emergency and  Ø The right to organize is given to all kinds of workers BOTH in
ii.  When the public interest requires the PRIVATE and PUBLIC sectors.
B.  May be used against privately owned public utilities or businesses
 Ø The workers have a right to hold peaceful concerted activities
affected with public interest.
except the right to strike, which is subject to limitation by law.
C.  Duration of the takeover:  period of emergency
D.  Takeover is subject to reasonable terms and conditions
Right to participate in the decision making process of employers
E.  No need for just compensation because it is only temporary.
The workers have the right to participate on matters affecting their rights and
2.  Nationalization of vital industries:
benefits, “as may be provided by law”.  This participation can be through
A.  Exercised in the interest of national welfare or defense
1)               collective bargaining agreements,
B.  Involves either:
2)               grievance machineries,
i.  Establishment and operation of vital industries; or
3)               voluntary modes of settling disputes, and
ii. Transfer to public ownership, upon payment of just compensation, public
4)               conciliation proceedings mediated by government.
utilities and other private enterprises to be operated by the government.
Agrarian Reform
Section 19.  MONOPOLIES
1.  The Constitution does NOT prohibit the existence of monopolies.
Goals:
2. The State may either regulate or prohibit monopolies, when public interest
Agrarian reform must aim at
so requires.
1)  efficient production,
3.  Combinations in restraint of trade or unfair competition are prohibited.
2)  a more equitable distribution of land which recognizes the right of farmers
and regular farmworkers who are landless to own the land they till, and
Filipino citizenship or equity requirements:
3)  a just share of other or seasonal farmworkers in the fruits of the land.
 
ACTIVITY REQUIREMENTS CITIZENSHIP AND/OR EQUITY
CARL as an exercise of police power and power of eminent domain
Exploitation of natural resources
1. Filipino citizens; or  To the extent that the law prescribes retention limits for
2. Corporations incorporated in RP, landowners, there is an exercise of police power. But where it
with 60% Filipino ownership becomes necessary to deprive owners of their land in excess of the
Operation of Public Utilities maximum allowed there is compensable taking and therefore the
1. Filipino citizens; or exercise of eminent domain.
2. Corporations incorporated in RP,
with 60% Filipino ownership Reach of agrarian reform
 It extends not only to private agricultural lands, but also to “other
  natural resources,” even including the use and enjoyment of
Acquisition of alienable lands of the public domain “communal marine and fishing resources” and “offshore fishing
1.  Filipino citizens; grounds”.
2. Corporations incorporated in RP, with 60% Filipino ownership;
3.  Former natural-born citizens of RP, as transferees, with certain legal The Commission on Human Rights
restrictions; and
4.  Alien heirs as transferees in case of intestate succession. Composition:
  1)   Chairman; and
Practice of ALL Professions                            Filipino citizens only (natural 2)   4 members
persons)
*Congress may, by law, otherwise prescribe Qualifications:
1)   Natural-born citizens of the Philippines; 2) Elementary education is compulsory for all children of school age.
2)   Majority of the Commission must be members of the Philippine Bar; However, this is a moral rather than a legal compulsion.
3)  Term of office, other qualifications and disabilities shall be provided by
law; Educational Institutions
4)  The appointment of the CHR members is NOT subject to CA I. Filipinization
confirmation; and A. Ownership:
5)  The CHR is not of the same level as the COMELEC, CSC, or COA. 1). Filipino citizens, or
2). Corporations incorporated in RP and 60% Filipino-owned.
Powers: EXCEPT: Schools established by religious groups and mission boards.
1)  Investigate all forms of human rights violations involving civil or political 3). Congress may increase Filipino equity requirements in ALL educational
rights institutions.
A. Violations may be committed by public officers or by civilians or rebels. B. Control and Administration:
B. CHR cannot investigate violations of social rights. 1). Must be vested in Filipino citizens
C. CHR has NO adjudicatory powers over cases involving human rights 2). Refers to line positions, such as President, Dean, Principal, and Trustees
violations. 3). Faculty members may be foreigners.
D. They cannot investigate cases where no rights are violated. C.  Student Population:
E. Example: There is no right to occupy government land, i.e. squat thereon. 1). GENERAL RULE: Cannot establish school exclusively for aliens. Aliens
Therefore, eviction therefrom is NOT a human rights violation. can only comprise up to 1/3 of total enrollment.
2)  Adopt operational guidelines and rules of procedure. 2). EXCEPTIONS: Schools established for foreign diplomatic personnel and
3)  Cite for contempt for violations of its rules, in accordance with the Rules their dependents, and unless otherwise provided for by law for other foreign
of Court. temporary residents.
4) Provide appropriate legal measures for the protection of the human rights
of all persons, within the Philippines, as well as Filipinos residing abroad, II. Tax Exemptions
and provide for preventive measures and legal aid services to the A. Non-stock, non-profit educational institutions:
underprivileged whose human rights have been violated or need protection. 1) All revenues and assets actually, directly and exclusively used for
A. CHR can initiate court proceedings on behalf of victims of human rights educational purposes are exempt from taxes and duties.
violations. 2) This is self-executory
B. They can recommend the prosecution of human rights violators, but it  
cannot itself prosecute these cases. B. Proprietary educational institutions, including cooperatives:
C. BUT: The CHR cannot issue restraining orders or injunctions against 1) Entitled to exemptions as may be provided by law, including restrictions
alleged human rights violators. These must be obtained from the regular on dividends and re-investment
courts. 2) Requires an enabling statute
5)  Exercise visitorial powers over jails, prisons and other detention facilities. 3) Grants, endowments, donations and contributions actually, directly and
6) Establish continuing programs for research, education and information in exclusively used for educational purposes are exempt from taxes, subject to
order to enhance respect for the primacy of human rights. conditions prescribed by law.
7)  Recommend to Congress effective measures to promote human rights
and to provide compensation to victims of human rights violations or their III. Academic Freedom
families. A. Educational Institutions
8)  Monitor compliance by the government with international treaty Schools have the freedom to determine:
obligations on human rights. 1) Who may teach,
9) Grant immunity from prosecution to any person whose testimony or whose 2) What may be taught,
possession of documents or other evidence is necessary or convenient to 3) How it shall be taught, and
determine the truth in any CHR investigation. 4) Who may be admitted to study.
10) Request assistance from any department, bureau, office, or agency in
the performance of its functions. B. Faculty members
11)  Appoint its officers and employers in accordance with law. 1) Full freedom in research and in the publication of the results, subject to
12)  Perform such other functions and duties as may be provided for by law the adequate performance of their other academic duties.
2) Freedom in the classroom in discussing their subjects, but they should be
ARTICLE XIV – EDUCATION, SCIENCE AND TECHNOLOGY, careful not to introduce into their teaching controversial matter which has no
ARTS, CULTURE, AND SPORTS relation to their subjects.
  3) When faculty members speak or write in their capacity as citizens, then
Education they are free from institutional censorship or discipline.
Goals of the State:
The State shall promote and protect: C. Students
1) The right to quality education at all levels; They have the right to enjoy in school the guarantees of the Bill of Rights.
2) The right to affordable and accessible education; and
3) Education that is relevant to the needs of people and society. D. Limitations
1) Dominant police power of the State
Right to Education and Academic Freedom 2) Social interest of the community
The right to education must be read in conjunction with the academic
freedom of schools to require “fair, reasonable, and equitable admission E. Budgetary Priority:
requirements.” 1). Education must be assigned the highest budgetary priority.
2). BUT: This command is not absolute.  Congress is free to determine what
Power to Dismiss Students should be given budgetary priority in order to enable it to respond to the
1) Schools have the power to dismiss students, after due process, for imperatives of national interest and for the attainment of other state policies
disciplinary reasons. or objectives.
2)  Acts committed outside the school may also be a ground for disciplinary
action if: Religious Education in Public Schools:
a) It involves violations of school policies connected to school-sponsored Religion may be taught in public schools subject to the following requisites:
activities; or 1) Express written option by parents and guardians;
b) The misconduct affects the student’s status, or the good name or 2) Taught within regular class hours;
reputation of the school. 3) Instructors are designated and approved by the proper religious
authorities; and
Regulation of Right to Education 4) WITHOUT ADDITIONAL COST TO THE GOVERNMENT.
The right to education in particular fields may be regulated by the State in the
exercise of its police power, e.g. the State may limit the right to enter medical Section 6. Language
school by requiring the applicants to take the NMAT. 1) National language: Filipino
2) Official Languages: Filipino, and unless otherwise provided by law,
Free Education English.
1) The State shall maintain a system of free education in: 3) Regional languages are auxiliary to the official languages.
a) Elementary level, and 4 (Spanish and Arabic are promoted only on an optional and voluntary basis.
b) High school level.
ARTICLE XVI – GENERAL PROVISIONS
 
Sections 1-2. Symbols of Nationality
1) Flag
 Red, white, and blue.
 With a sun and 3 stars
 The design may be changed by constitutional amendment.
2) Congress may, by law, adopt a new:
(a) Name for the country,
(b) National anthem, or
(c) National seal.
Note: Law will take effect upon ratification by the people in a NATIONAL
REFERENDUM.
Section 3.  State Immunity
Suability of State
1) The State cannot be sued without its consent.
2) When considered a suit against the State
a).  The Republic is sued by name;
b).  Suits against an un-incorporated government agency;
c).  Suit is against a government official, but is such that ultimate liability shall
devolve on the government
i.  When a public officer acts in bad faith, or beyond the scope of his
authority, he can be held personally liable for damages.
ii.  BUT:  If he acted pursuant to his official duties, without malice,
negligence, or bad faith, they are not personally liable, and the suit is really
one against the State.
3) This rule applies not only in favor of the Philippines but also in favor of
foreign states.
4) The rule likewise prohibits a person from filing for interpleader, with the
State as one of the defendants being compelled to interplead.
Consent to be sued
A. Express consent:
1). The law expressly grants the authority to sue the State or any of its
agencies.
2). Examples:
a). A law creating a government body expressly providing that such body
“may sue or be sued.”
b). Art. 2180 of the Civil Code, which creates liability against the State when
it acts through a special agent.
B. Implied consent:
1). The State enters into a private contract.
a). The contract must be entered into by the proper officer and within the
scope of his authority.
b). UNLESS:  The contract is merely incidental to the performance of a
governmental function.
2). The State enters into an operation that is essentially a business
operation.
a). UNLESS:  The operation is incidental to the performance of a
governmental        function (e.g. arrastre services)
b). Thus, when the State conducts business operations through a GOCC, the
latter can generally be sued, even if its charter contains no express “sue or
be sued” clause.
3). Suit against an incorporated government agency.
a) This is because they generally conduct propriety business operations and
have charters which grant them a separate juridical personality.
4). The State files suit against a private party.
UNLESS:  The suit is entered into only to resist a claim.
Garnishment of government funds:
1) GENERAL RULE:  NO.  Whether the money is deposited by way of
general or special deposit, they remain government funds and are not
subject to garnishment.
2) EXCEPTION:  A law or ordinance has been enacted appropriating a
specific amount to pay a valid government obligation, then the money can be
garnished.
Consent to be sued is not equivalent to consent to liability:
1) The Fact that the State consented to being sued does not mean that the
State will ultimately be held liable.
2) Even if the case is decided against the State, an award cannot be
satisfied by writs of execution or garnishment against public funds.  Reason:  2) Every legislative district represented by at least 3% of the registered
No money shall be paid out of the public treasury unless pursuant to an
appropriation made by law.
Section 4.  THE ARMED FORCES OF THE PHILIPPINES
Composition:
A citizen armed force
Prohibitions and disqualifications:
1) Military men cannot engage, directly or indirectly, in any partisan political
activity, except to vote.
2) Members of the AFP in active service cannot be appointed to a civilian
position in the government, including GOCCs or their subsidiaries.
The Chief of Staff:
1) Tour of duty: Not exceed to three years
2) EXCEPTION:  In times of war or other national emergency as declared by
Congress, the President may extend such tour of duty.
ARTICLE XVII- AMENDMENTS OR REVISIONS
 
Definitions:
1) Amendment:  an alteration of one or a few specific provisions of the
Constitution.  Its main purpose is to improve specific provisions of the
Constitution.  The changes brought about by amendments will not affect the
other provisions of the Constitution.
2) Revision:  An examination of the entire Constitution to determine how and
to what extent it should be altered.  A revision implies substantive change,
affecting the Constitution as a whole.
Constituent power v. Legislative power
1)      Constituent power is the power to formulate a Constitution or to
propose amendments to or revisions of the Constitution and to ratify such
proposal. Legislative power is the power to pass, repeal or amend or
ordinary laws or statutes (as opposed to organic law).
2)      Constituent power is exercised by Congress (by special constitutional
conferment), by a Constitutional Convention or Commission, by the people
through initiative and referendum, and ultimately by sovereign electorate,
whereas legislative power is an ordinary power of Congress and of the
people, also through initiative and referendum.
3)      The exercise of constituent power does not need the approval of the
Chief Executive, whereas the exercise of legislative power ordinarily needs
the approval of the Chief Executive, except when done by people through
initiative and referendum.
Three (3) steps necessary to give effect to amendments and revisions:
1) Proposal of amendments or revisions by the proper constituent assembly;
2) Submission of the proposed amendments or revisions; and
3) Ratification
Proposal of amendments:
Amendments may be proposed by:
A. Congress, acting as a constituent assembly, by a 3/4 vote of all its
members.
 The power of Congress to propose amendments is NOT part of its
ordinary legislative power.
 The only reason Congress can exercise such power is that the
Constitution has granted it such power.
B. Constitutional Convention:
1) How a Constitutional Convention may be called
a). Congress may call a ConCon by a 2/3 vote of all its members; or
b). By a majority vote of all its members, Congress may submit to the
electorate the question of whether to call a ConCon or not.
2) Choice of which constituent assembly (either Congress or ConCon)
should initiate amendments and revisions is left to the discretion of
Congress.  In other words, it is a political question.
3) BUT:  The manner of calling a ConCon is subject to judicial review,
because the Constitution has provided for vote requirements.
4) If Congress, acting as a constituent assembly, calls for a ConCon but
does not provide the details for the calling of such ConCon, Congress –
exercising its ordinary legislative power – may supply such details.  But in so
doing, Congress (as legislature) should not transgress the resolution of
Congress acting as a constituent assemble.
5) Congress, as a constituent assembly and the ConCon have no power to
appropriate money for their expenses.  Money may be spent from the
treasury only to pursuant to an appropriation made by law.
C. People’s Initiative
1) Petition to propose such amendments must be signed be at least 12% of
ALL registered voters.
voters therein.
3) Limitation:
It cannot be exercised oftener than once every 5 years.
Note:
1)      While the substance of the proposals made by each type of constituent
assembly is not subject to judicial review, the manner the proposals are
made is subject to judicial review.
2)      Since these constituent assemblies owe their existence to the
Constitution, the courts may determine whether the assembly has acted in
accordance with the Constitution.
3)      Examples of justiciable issues:
a)      Whether a proposal was approved by the required number of votes in
Congress (acting as a constituent assembly).
b)      Whether the approved proposals were properly submitted to the people
for ratification.
Proposal of Revisions
1)      By Congress, upon a vote of 3/4 of its members
2)      By a constitutional convention

Ratification
1)      Amendments and revisions proposed by Congress and/or by a
ConCon:
a)      Valid when ratified by a MAJORITY of votes cast in a plebiscite.
b)      Plebiscite is held not earlier than 60 days nor later than 90 days from
the approval of such amendments or revisions.
2)      Amendments proposed by the people via initiative:    ELECTION LAWS
a)      Valid when ratified by a MAJORITY of votes cast in a plebiscite.
b)      Plebiscite is held not earlier than 60 days nor later than 90 days after Election
the certification by COMELEC of the petition’s sufficiency  Embodiment of the popular will, the expression of the sovereign
power of the people.
3)      Requisites of a valid ratification:
a)      Held in a plebiscite conducted under the election law; Components
b)      Supervised by the COMELEC; and  Choice or selection of candidates to public office by popular vote
c)      Where only franchised voters (registered) voters take part.
 Conduct of the polls
 Listing of votes
4)      Issues regarding ratification:
a)      The Constitution does not require that amendments and revisions be  Holding of Electoral campaign
submitted to the people in a special election. Thus, they may be submitted  Act of casting and receiving the ballots from the voters
for ratification simultaneously with a general election.  Counting the ballots
b)      The determination of the conditions under which proposed  Making the election returns
amendments/revisions are submitted to the people falls within the legislative  Proclaiming the winning candidates
sphere. That Congress could have done better does not make the steps
taken unconstitutional. Regular election – refers to an election participated in by those who possess
c)      All the proposed amendments/revisions made by the constituent the right of suffrage and not disqualified by law and who are registered
assemblies must be submitted for ratification in one single plebiscite. There voters.
cannot be a piece-meal ratification of amendments/revisions.
d)      Presidential proclamation is NOT required for effectivity of Special election – is when there is failure of election on the scheduled date
amendments/revisions, UNLESS the proposed amendments/revisions so of regular election in a particular place or which is conducted to fill up certain
provide. vacancies, as provided by law.

ARTICLE XVIII – TRANSITORY PROVISIONS Political Parties

 
Effectivity of the 1987 Constitution Definition (Omnibus Election Code)
An organized group of persons pursuing the same ideology, political ideas or
 The 1987 Constitution took effect immediately upon its ratification.
platforms of government including its branches and divisions.
 According to the SC, this took place on February 2, 1987, which
was the day the people cast their votes ratifying the Constitution.
Types of Political Parties
1) Registered Parties:
Military bases agreements
1. Dominant Majority  Party – usually the administration party;
1)      Renewals of military bases agreements must be through a strict treaty.
entitled to a copy of election return
2)      Ratification of the agreement in a plebiscite is necessary only when
2. Dominant Minority Party – entitled to a copy of election return
Congress so requires.
3. Majority Political Party
3)      Section 25 of Article XVIII allows possible local deployment of only
4. Top 3 Political Parties – entitled to appoint principal watcher and a
AMERICAN forces.
copy of the certificate of canvass
5. Bottom 3 political parties – entitled to appoint principal watcher
2) Non-registered parties

Criteria to Determine the Type of Political Party

1. Established Record of the said parties, showing in past elections
2. Number of Incumbent Elective Officials
3. Identifiable political organizations and strengths
4. Ability to fill a complete slate of candidates
5. Other analogous circumstances

Grounds for Challenging the Voter

1. Illegal voters ( Not Registered / Using the name of another /
disqualified )
2. Based on certain illegal acts (Vote buying)

Acquisition of Juridical Personality

It is acquired upon registration with the COMELEC.

Forfeiture of Status as a Registered Political Party

The status shall be deemed forfeited if the political party, singly or in coalition
with others, fails to obtain at least 10% of the votes cast in the constituency
in which it nominated and supported a candidate/s in the election next
following its registration. There shall be notice and hearing.

Candidates
Rules on Filing of Certificates of Candidacy
1. No person shall be elected into public office unless he files his
certificate of candidacy within the prescribed period
2. No person shall be eligible for more than one office. If he/she files
for more than one position, he shall not be eligible for all unless he
cancels all and retains one
3. The certificate of candidacy shall be filed by the candidate
personally or by his duly authorized representative.
4. Upon filing, an individual becomes a candidate, he is already
covered by rules, restrictions and processes involving candidates.
Grounds for Disqualification
1. Election offenses under Sec 68 of the Omnibus Election Code
(OEC)
2. Not possessing qualifications and possessing disqualifications
under the Local Government Code
2.1   Sentenced by final judgment for an offense involving moral turpitude or
for an offense punishable by one year or more of imprisonment within two
years after serving sentence
2.2   Removed from office as a result of an administrative case
2.3   Convicted by final judgment for violating the oath of allegiance to the
Republic
2.4   Dual citizenship ( more specifically, dual allegiance)
2.5   Fugitives from justice in criminal or non-political cases here or abroad
2.6   Permanent residents in a foreign country or those who have acquired
the right to reside abroad and continue to avail of the same right
2.7   Insane or feeble-minded
1. Nuisance candidate
2. Violation of sec 73 of OEC with regard to certificate of candidacy
3. Violation of sec 78 which is material misrepresentation of reqts
under sec. 74.
* Disqualifications (from continuing as a candidate or from holding the office
if already elected):
Any candidate, who in an action or protest in which he is a party is declared
by final decision of a competent court guilty of, or is found by the
Commission of having:
1. Given money or other material consideration to influence, induce
or corrupt the voters or public officials performing electoral
functions.
2. Committed acts of terrorism to enhance his  candidacy
3. Spent in his election campaign an amount in excess of that
allowed by the Omnibus Election Code )
4. Solicited, received or made any contribution prohibited under this
Code
5. Violated any of the following sections: Section 80, 83, 85,86,261
6. Permanent resident of or an immigrant to a foreign country shall
not be qualified to run for any elective office UNLESS he/she has
waived his/her status as a permanent resident/immigrant of a
foreign country in accordance with the residence requirement
provided for under election laws.
Effect of a Disqualification case (under RA 6646)
1. Any candidate who has been declared by final judgment to be
disqualified shall NOT be voted for. The votes cast in his favor shall
not be counted.
2. If the candidate is not disqualified by final judgment before the
election and receives the highest number of votes in the election,
the court or COMELEC will continue with the trial and hearing of the
action, inquiry or protest.  Upon motion of the complainant or
intervenor, the court or COMELEC may order the suspension of the
proclamation of the candidate whenever the evidence of his guilt is
strong.
Nuisance Candidates
A.   The term refers to candidates who have no bona fide intention to run for
the office for which the certificate of candidacy has been filed and would thus
prevent a faithful determination of the true will of the people.
B. Power of COMELEC
1. May refuse to give due course to or cancel a certificate of
candidacy of a nuisance candidate.  This can be done motu proprio
or upon verified petition of an interested party.
2.There should be a showing that:
1. Certificate of candidacy has been filed to put the election process
in mockery/disrepute or
2. To cause confusion among the voters by the similarity of the
names of the registered candidates
3. Other circumstances which clearly demonstrate that the candidate
has no bona fide intention to run for the office…
Petition to deny due course to or to cancel a Certificate of Candidacy
A. Exclusive ground:  A material representation in the certificate of candidacy
is false.
B. The petition should be filed not later than 25 days from the filing of the
certificate of candidacy.
C. It should be decided not later than 15 days before the election, after due
notice and hearing.
Election Campaign/Partisan Political Activity
Ø  Definition
1) It refers to an act designed to promote the election or defeat of a particular
candidate/s to a public office
2) It includes:
A. Forming organizations, associations, clubs, committees or other groups of
persons for the purpose of soliciting votes and/or undertaking any campaign
for or against a candidate.
B.  Holding political caucuses, conferences, meetings, rallies, parades or
other similar assemblies for the purpose of soliciting votes and/or
undertaking any campaign or propaganda for or against a candidate.
C. Making speeches, announcements or commentaries or holding interviews
for or against the election of any candidate for public office.
D.  Publishing or distributing campaign literature or materials designed to
support or oppose the election of any candidate.
E.  Directly or indirectly soliciting votes, pledges or support for or against a
candidate.
3) When the acts enumerated above are NOT considered an election
campaign/partisan political activity.
If the acts are performed for the purpose of enhancing the chances of
aspirants for nomination for candidacy to a public office by a political party,
aggroupment, or coalition of parties. 
RA 9006 – FAIR ELECTION ACT
Important Features:
1) Repeal of Sec. 67 of the OEC – Now, any ELECTIVE official, whether
national or local, running for any office other than the one which he is holding
in a permanent capacity shall not be considered ipso facto resigned from his
office upon the filing of his certificate of candidacy.
2)  Lifting of the Political Ad Ban –   Written and Printed Materials (8.5” W x
14L”)
Letters
Posters (2’ x 3’) in common-private poster areas ( not  more than 10 public
places per political party or independent candidate, 12’ 16’), private places
and public places
Rally streamers (3’ x 8’) NOT MORE THAN 2
Paid Advertisements at Discounted Rates
Print : 1/4th page in broadsheet and ½ page in tabloid 3x a week
Television: 120 minutes for candidate for nationally elective office and 60 for
local
Radio: 180 minutes for candidate for nationally elective office and 90 for local
COMELEC free space (3 national newspaper for nationally elective officials
and 1 national newspaper for local) and airtime
(3 national television networks for nationally elective officials and 1 station for
local ) : equal allocation for all candidates for 3 calendar days
Authorized Expenses ( multiplied with the total number of registered voters )
 P 10 for president / vice president
 P  3  for other candidates for every voter currently registered in
the constituency
 P  5  for independent candidates and political parties
Voters
Qualifications
 Age: 18 years old and over.
 Residence
1. He /she should have resided in the Philippines for one year and
2. Resided in the city/municipality wherein he proposes to vote for at
least 6 months immediately preceding the election.
Residence Requirement
If the transfer of residence is due to any of the following reasons, the person
concerned will be deemed NOT to have lost his original residence:
A.  Transfer solely because of occupation, profession, employment in private
or public service
B.  Educational activities
C.  Work in military or naval reservations
D.  Service in the army, navy or air force, national police force
E.  Confinement/detention in government institutions in accordance with law.
*  RA 8189 – VOTER”S REGISTRATION ACT OF 1996
Q: Can there still be general registration of voters?
A: No more, because 8189 (7) provides for such only for the May ’98
elections

Q: What kind of registration system do we have?
A: Continuing, Computerized and Permanent
Disqualifications
A.  If sentenced by final judgment to suffer imprisonment for not less than 1
year and such disability was not removed by plenary pardon or has not been
granted amnesty. However, any person disqualified to vote shall
automatically reacquire the right to vote upon expiration of 5 years after
service of sentence.
B.  Any person who has been adjudged by final judgment by competent court
or tribunal of having committed any crime involving disloyalty to the duly
constituted government such as rebellion or any crime against national
security:
1. UNLESS restored to his full civil and political rights in accordance with law.
2. However, he shall regain his right to vote automatically upon expiration of
5  years after service of sentence.
C.  Insane or incompetent persons as declared by competent authority.
Jurisdiction in Inclusion/Exclusion cases
A. The municipal and metropolitan trial courts shall have original and
exclusive jurisdiction over all matters of inclusion and exclusion of voters
from the list in their respective municipalities or cities. Petition filed at any
time except 105 days before regular election or 75 days before special
election
B. Decisions may be appealed to the RTC within 5 days from receipt of
notice of decision.
C.  RTC will decide the appeal within 10 days. Decision is final and
executory.
D.  Note: Relate this to Article IX of the Constitution which provides that the
COMELEC has no jurisdiction over questions involving the right to vote.
E. Exclusion is through sworn petition and not later than 100 days before
regular election; 65 days before special election
Grounds when the List of Voters will be altered:
 Deactivation/ Reactivation
 Exclusion/ Inclusion
 Cancellation of Registration in case of Death
 New voters
 Annulment of Book of Voters
 Transfer of Residence
How is challenge to right to register effected?
Who – any voter, candidate, political party representative
How – in writing, stating grnds, under oath, proof of notice of hearing
Deactivation means removing the registration records of persons from the
precinct book of voters and place the same, properly marked and dated in
indelible ink, in the inactive file after entering the cause of deactivation.
How is reactivation of registration effected ?
Sworn application for reactivation
Affidavit
Not later than 120 days before regular election and 90 days before special
election
Annulment of Book of Voters is through verified petition; notice and hearing;
not prepared in accordance with law or prepared through fraud, bribery,
forgery, impersonation, intimidation, force, any similar irregularity or which
contains data that are statistically improbable
Cannot be done within 90 days before election
Postponement of Election
Causes
 Violence
 Terrorism
 Loss or destruction of election paraphernalia/records
 Force majeure
 Other analogous causes
Effect
It is impossible to hold a free, orderly and honest election in any political
subdivision
COMELEC can postpone the election (when decided by a majority vote of
the COMELEC sitting en banc, RA 7166):
A. Motu proprio
B. Upon a verified petition by any interested party, after due notice and
hearing
Date of new election
The date of the postponed election should be reasonably close to the date of
the election not held, suspended, or which resulted in a failure to elect.  It
should not be later than 30 days after the cessation of the cause for such
postponement or suspension of the election or failure to elect.
Failure of Election
Causes
 Force majeure
 Violence
 Terrorism
 Fraud
 Other analogous causes
Under RA 7166, the causes for the declaration of the failure of election may
occur before or after the casting of votes or on the day of the election.
Effects of above causes
A. Election in any polling place was not held on the date fixed;
B. Election was suspended before the hour fixed by law for the closing of the
voting
C. Elections results in a failure to elect (after the voting and during the
preparation and          transmission of the election returns or in the custody or
canvass thereof)
AND the failure or suspension of the election would affect the result of the
election
Remedy
COMELEC can call for the holding or continuation of the election not held,
suspended, or which resulted in a failure to elect.  The election should be
held not later than 30 days after the cessation of the cause  of the
postponement or suspension of the election or failure to elect. This is
decided by the COMELEC, by a majority vote of its members, sitting en
banc.
RA 7941 – Party-List System Act
 Seeks to promote proportional representation
 Any party already registered need not register anew. File
manifestation not later than 90 days before election.
Grounds for refusing or canceling registration of Party-Lists groups
1. Religious sect or denomination, organization
2. Advocates violence
3. Foreign party or organization
4. Receives foreign support
5. Violates election law
6. Untruthful statements in its petition
7. Ceased to exist for at least one year
8. Failed to participate in the last two preceding elections or fails to
obtain at least 2% of the votes cast under the party-list system in
the 2 preceding elections for the constituency in which it has
registered
Nomination of party-list reps should not include any candidate for any
elective office or a person who has lost his bid for an elective office in the
immediately preceding election
Incumbent sectoral representatives in the House of Representatives who
are nominated in the party-list system shall not be considered resigned
Party List Reps constitute 20% of the total number of the members of the
House of Reps including those under the party-list
How do we determine the number of party list seats in the House of Reps?
(# of District Reps / 0.80) x 0.20 = # of party list reps
 There are presently 208 legislative districts, according to the
Veterans Federation Case
 The 5 major political parties are now entitled to participate in the
party list system
 Parties receiving at least 2% of the total votes cast for the party-
list system shall be entitled to one seat each
 No party shall be entitled to more than 3 seats
 Currently, there are 260 seats. So 20 % of 260 is 52 seats. But
this is only a ceiling.
 A list with 5 names should be submitted to COMELEC as to who
will represent the party in the Congress. Ranking in the list
submitted determines who shall represent party or organization.
Rules for Appreciation of Ballots
 Liberal Construction in favor of the validity of the ballot
 Look at the ticket slate, consider locality or literacy rate
 Rule 211 of the OEC
 Incumbency / Surname
 Cannot ascertain – STRAY VOTE

Pre-Proclamation Controversies
Definition
1. A pre-proclamation controversy refers to any question pertaining
to or affecting the proceedings of the board of canvassers which
may be raised by any candidate or by any registered political party
or coalition of political parties before the board or directly with the
COMELEC.
1. It would also refer to any matter raised under Sections 233, 234,
235, and 236 of the Omnibus Election Code in relation to the
preparation, transmission, receipt, custody, and appreciation of the
election returns.  (Board of canvassers have original jurisdiction
while COMELEC have appellate jurisdiction)
1. When election returns are delayed, lost or destroyed
(Sec.233)
2. Material defects in the election returns (Sec. 234)
3. When election returns appear to be tampered with or
falsified. (Sec. 235)
4. Discrepancies in election returns  (Sec. 236)
C.  Those that can be filed with COMELEC directly are the ff:
 Issue involves the illegal composition or proceedings of the board
of canvassers, as when a majority or all of the members do not hold
legal appointments or are in fact usurpers
 Issue involves the correction of manifest errors in the tabulation or
tallying of the results during the canvassing
Recount
There can be a recount under the grounds of 234-236. The returns involved
will affect the results and the integrity of the ballot box has been preserved
Issues that may be raised in a pre-proclamation controversy
1. Illegal composition or proceedings of the board of canvassers
2. The canvassed election returns are incomplete, contain material
defects, appear to be       tampered with or falsified, or contain
discrepancies in the same returns or in authentic           copies
thereof.
3. The election returns were prepared under duress, threats,
coercion, or intimidation, or they are obviously manufactured, or not
authentic.
4. When substitute or fraudulent returns in controverted polling
places were canvassed, the results of which materially affected the
standing of the aggrieved candidate/s.
Procedure
A.  Contested composition or proceedings of the board (under RA 7166)
It may be initiated in the board or directly with COMELEC.
B. Contested election returns (under RA 7166)
Matters relating to the preparation, transmission, receipt, custody
and  appreciation of the election returns, and certificate of canvass, should
be brought in the first instance before the board of canvassers only.
Summary nature of pre-proclamation controversy
1. Pre-proclamation controversies shall be heard summarily by the
COMELEC.
2. Its decision shall be executory after the lapse of 5 days from
receipt by the losing party of the decision, unless restrained by the
SC.
Effect of filing petition to annul or suspend proclamation
It suspends the running of the period within which to file an election protest
or quo warranto proceedings.
When not allowed
Pre-proclamation cases on matters relating to the preparation, transmission,
receipt, custody and appreciation of the election returns or the certificates of
canvass NOT allowed in elections for: (under RA 7166)
 President
 Vice-President
 Senator
 Member of the House of Representatives
BUT:  The appropriate canvassing body motu propio or upon written
complaint of an interested person can correct manifest errors in the
certificate of canvass or election returns before it.
BUT:  Questions affecting the composition or proceedings of the board of
canvassers may be initiated in the board or directly with COMELEC.
When pre-proclamation cases are deemed TERMINATED (RA 7166)
1. All pre-proclamation cases pending before the COMELEC shall
be deemed terminated at the beginning of the term of the office
involved and the rulings of the boards of canvassers concerned
deemed affirmed.
B.  This is without prejudice to the filing of a regular election protest by the
aggrieved party.
C.  HOWEVER: Proceedings MAY CONTINUE if:
1. The COMELEC determines that the petition is meritorious and
issues an order for the proceedings to continue or
2. The Supreme Court issues an order for the proceedings to
continue in a petition for certiorari.
Election Contest
Original Jurisdiction
COMELEC has ORIGINAL jurisdiction over contests relating to the elections,
returns, qualifications of all elective:
 Regional
 Provincial
 City officials
Appellate Jurisdiction
COMELEC has APPELLATE jurisdiction over all contests involving:
A.  Elective MUNICIPAL officials decided by trial courts of GENERAL
jurisdiction
B.  Elective BARANGAY officials decided by trial courts of LIMITED
jurisdiction
Who can file a petition contesting the election
Any candidate who has duly filed a certificate of candidacy and has been
voted for the same office
Purpose of an election contest
The defeated candidate seeks to outs the proclaimed winner and claims the
seat.
Final COMELEC Decisions
Provision that decisions, final orders, rulings of the Commission on election
contests involving municipal and barangay offices are final, executory and
not appealable:
A. This only applies to questions of FACT. ( Flores v. COMELEC, 184 SCRA
484)
B. It does NOT preclude a special civil action of certiorari.  (Galido v.
COMELEC, Jan. 18,1991)
Distinctions between Pre-Proclamation Controversy and Election Contest
1) Dividing line:  Proclamation of a candidate
2) Jurisdiction
A. Pre-proclamation controversy
1.The jurisdiction of COMELEC is administrative/quasi-judicial
2.It is governed by the requirements of administrative due process
B. Election contest
1.The jurisdiction of COMELEC is judicial
2.It is governed by the requirements of judicial process
3)      In some cases, even if the case (involving municipal officials) began
with the COMELEC before proclamation but a proclamation is made before
the controversy is resolved, it ceases to be a pre-proclamation controversy
and becomes an election contest cognizable by the RTC.
4)       However, in some cases, the SC has recognized the jurisdiction of
COMELEC over municipal cases even after proclamation.  Relate to the
provision in RA 7166 allowing pre-proclamation controversy proceedings to
continue even after a proclamation has been made.
Election Offenses  ( Selected Offenses)
Vote buying and vote-selling
A. Covered acts
1.Give, offer or promise money or anything of value
2. Making or offer to make any expenditure, directly or indirectly, or cause an
expenditure to be made to any person, association, corporation, entity or
community
3.Soliciting or receiving, directly or indirectly, any expenditure or promise of
any office or employment, public or private
B. Purpose of acts
1. To induce anyone or the public in general to vote for or against any
candidate or withhold his vote in the election or
2. To vote for or against any aspirant for the nomination or choice of a
candidate in a convention or similar selection
C.  Under RA 6646  (Prosecution of vote-buying/selling)
1. Presentation of a complaint supported by affidavits of complaining
witnesses attesting to the offer or promise by or the voters acceptance of
money or other consideration from the relatives, leaders or sympathizers of a
candidate is sufficient basis for an investigation by the COMELEC,directly or
through its duly authorized legal officers.
2. Disputable presumption of conspiracy:
Proof that at least one voter in different precincts representing at least 20%
of the total precincts in any municipality, city or province has been offered,
promised or given money, valuable consideration or other expenditure by a
candidate relatives, leaders and/or sympathizsrs for the purpose of
promoting the election of such candidate.
3. Disputable presumption of involvement
Proof affects at least 20% of the precincts of the municipality, city or province
to which the public office aspired for by the favored candidate relates. This
will constitute a disputable presumption of the involvement of such candidate
and of his principal campaign managers in each of the municipalities
concerned in the conspiracy
Coercion of a subordinate
A. Who can be held liable
1. public officer
2. officer of a public/private corporation/association
3. heads/superior/administrator of any religious org.
4. employer/landowner
B.  Prohibited acts
1. Coercing, intimidating or compelling or influencing, in any manner,
any subordinates, members, parishioners or employees or house
helpers, tenants, overseers, farm helpers, tillers or lease holders to
aid, campaign or vote for or against a candidate or aspirant for the
nomination or selection of candidates.
2. Dismissing or threatening to dismiss, punishing or threatening to
punish by reducing salary, wage or compensation or by demotion,
transfer, suspension etc.
Appointment of new employees, creation of new position, promotion or giving
salary increases:
A. Who can be held liable: Any head/official/appointing officer of a
government office, agency or instrumentality, whether national or local,
including GOCCs.
B. Prohibited acts
1.Appointing or hiring a new employee (provisional, temporary or casual)
2.Creating or filling any new position
3.Promoting/giving an increase in salary, remuneration or  privilege to any
government official or employee.
C. Period when acts are prohibited
1.  45 days before a regular election
2.  30 days before a special election
D. Exceptions
1. Upon prior authority of COMELEC if it is satisfied that the position
to be filled is essential to the proper functioning of the office/agency
concerned AND that the position is not filled in a manner that may
influence the election
2. In case of urgent need, a new employee may be appointed.
Notice of appointment should be given to COMELEC within 3 days
from appointment.
Prohibition against release, disbursement or expenditure of public funds
A.  Who can be held liable: Any public official or employee including
barangay officials and those of GOCCs/subsidiaries
B.  Prohibited acts:
The release, disbursement or expenditure of public funds for any and other
kinds        of public works
C. Period when acts are prohibited:
1.  45 days before a regular election
2.  30 days before a special election
D. Exception
1. maintenance of existing/completed public works project.
2. work undertaken by contract through public bidding, or by
negotiated contract awarded before the 45 day period before
election
3. payment for the usual cooperation for working drawings,
specfications and other procedures preparatory to actual
construction including the purchase of material and equipment and
incidental expenses for wages.
4. Emergency work necessitated by the occurrence of a public
calamity but such work shall be limited to the restoration of the
damaged facility.
5. Ongoing public work projects commenced before the campaign
period or similar projects under foreign agreements.
Suspension of elective, provincial, city, municipal or barangay officer
A.  General rule: public official CANNOT suspend any of the officers
enumerated above during the election period.
B.  Exceptions
1. With prior approval of COMELEC
2. Suspension is for the purpose of applying the Anti-Graft and
Corrupt Practices Act
In relation to registration of voters/voting
 Unjustifiable refusal to register and vote
 Voting more than once in the same election/voting when not a
registered voter
 Voting in substitution for another with or without the latters’
knowledge and/or consent etc.
Other election offenses under RA 6646
1. Causing the printing of official ballots and election returns by
printing establishments not on contract with COMELEC and printing
establishments which undertakes unauthorized printing
2. Tampering, increasing or decreasing the votes received by a
candidate or refusing after proper verification and hearing to credit
the correct votes or deduct the tampered votes (committed by a
member of the board of election inspectors)
3. Refusing to issue the certificate of voters to the duly accredited
watchers (committed by a member of the BEI)
4. Person who violated provisions against prohibited forms of
election propaganda
5. Failure to give notice of meetings to other members of the board,
candidate or political party (committed by the Chairman of the
board of canvassers)
6. A person who has been declared a nuisance candidate or is
otherwise disqualified who continues to misrepresent himself as a
candidate (Ex. by continuing to campaign) and any public officer or
private individual who knowingly induces or abets such
misrepresentation by commission or omission.
7. If the chairman of the BEI fails to affix his signature at the back of
the official ballot, in the presence of the voter, before delivering the
ballot to the voter. (under RA 7166)
Prescription of Election Offenses
1. Election offenses shall prescribe after 5 years from the date of
their commission
2. If the discovery of the offense is made in an election contest
proceeding, the period of prescription shall commence on the date
on which the judgment in such proceedings becomes final and
executory
Jurisdiction of courts
1. RTC has exclusive original jurisdiction to try and decide any
criminal action or proceedings for violation of the Code.
2. MTC/MCTC have jurisdiction over offenses relating to failure to
register or vote.
 Kinds of Administrative Regulations
DISTINCTIONS LEGISLATIVE INTERPRETATIVE
1. Capacity that Legislative Judicial
administrative agency is
acting in
2. What administrative It supplements the It says what the statute
agency is doing statute by filling in means
the details
3. Force and effect Legislative Merely
regulations have the persuasive/Received by
force and effecr of the courts with much
law immediately respect but not accorded
upon going into with finality
effect. Such is
accorded by the
courts or by express
ADMINISTRATIVE LAW
provision of statute.
Powers of Administrative Agencies
1. Quasi-legislative power / Power of subordinate legislation
Requisites of a Valid Administrative Regulation
2. Quasi-judicial power/Power of adjudication
1. Its promulgation must be authorized by the legislature.
3. Determinative powers (Note: Senator Neptali Gonzales calls them
2. It must be within the scope of the authority given by the
incidental powers)
legislature.
3. It must be promulgated in accordance with the prescribed
Definition of “Quasi-legislative power”
procedure.
It is the authority delegated by the law-making body to the administrative
4. It must be reasonable
body to adopt rules and regulations intended to carry out the provisions of a
law and implement legislative policy.
Need for Previous Notice and Hearing
1. General Rule: Administrative rules of GENERAL application do
Distinctions between Quasi-legislative power and legislative power
NOT require previous notice and hearing.
1. LEGISLATIVE power involves the discretion to determine what
2. Exception: When the legislature itself requires it and mandates
the law shall be.  QUASI-legislative power only involves the
that the regulation shall be based on certain facts as determined at
discretion to determine how the law shall be enforced.
an appropriate investigation.
2. LEGISLATIVE power CANNOT be delegated.  QUASI-legislative
3. If the regulation is in effect a settlement of a controversy between
power CAN be delegated.
specific parties, it is considered an administrative adjudication,
requiring notice and hearing.
Tests of Delegation (applies to the power to promulgate administrative
regulations )
Prescribing of Rates
1. COMPLETENESS test. This means that the law must be
It can be either:
complete in all its terms and conditions when it leaves the
1. LEGISLATIVE
legislature so that when it reaches the delegate, it will have nothing
If the rules/rates are meant to apply to all enterprises of a given kind
to do but to enforce it.
throughout the country.
2. SUFFICIENT STANDARD test.  The law must offer a sufficient
No prior notice and hearing is required.
standard to specify the limits of the delegate’s authority, announce
the legislative policy and specify the conditions under which it is to
2. QUASI-JUDICIAL
be implemented.
If the rules and rates imposed apply exclusively to a particular party, based
upon a finding of fact. Prior notice and hearing is required.
Definition of Quasi-Judicial Power
It is the power of administrative authorities to make determinations of facts in
Requirement of Publication
the performance of their official duties and to apply the law as they construe
Administrative Regulations that MUST be published:
it to the facts so found. The exercise of this power is only incidental to the
1. Administrative regulations of GENERAL application.
main function of administrative authorities, which is the enforcement of the
2. Administrative regulations which are PENAL in nature.
law.
Administrative regulations that do NOT NEED to be PUBLISHED:
Determinative Powers
1. Interpretative regulations
1. ENABLING powers 
2. Internal rules and regulations governing the personnel of the
Those that PERMIT the doing of an act which the law undertakes to regulate
administrative agency.
and would be unlawful without government approval.
1. Letters of instruction issued by administrative superiors
Ex.  Issuance of licenses to engage in a particular business.
concerning guidelines to be followed by their subordinates. 
(Tanada v. Tuvera)
2.DIRECTING powers
Those that involve the corrective powers of public utility commissions,
Special Requisites of a Valid Administrative Regulation with a PENAL
powers of assessment under the revenue laws, reparations under public
sanction
utility laws, and awards under workmen’s compensation laws, and powers of
1. The law itself must make violation of the administrative regulation
abstract determination such as definition-valuation, classification and fact
punishable.
finding
2. The law itself must impose and specify the penalty for the
violation of the regulation.
3. DISPENSING powers
3. The regulation must be published.
Exemplified by the authority to exempt from or relax a general prohibition, or
authority to relieve from an affirmative duty. Its difference from licensing
Requisites for Proper Exercise of Quasi-Judicial Power
power is that dispensing power sanctions a deviation from a standard.
1. Jurisdiction
2. Due process
4. SUMMARY powers
Those that apply compulsion or force against person or property to
Administrative Due Process : Requirements
effectuate a legal purpose without a judicial warrant to authorize such action.
1. Right to Notice, be it actual or constructive
Usually without notice and hearing.
2. Reasonable opportunity to appear and defend his rights and to
Ex. Abatement of nuisance, summary destraint, levy of property of
introduce witnesses
delinquent tax payers
3. Impartial tribunal with competent jurisdiction
4. Finding or decision supported by substantial evidence
5. EQUITABLE powers
Those that pertain to the power to determine the law upon a particular state
Exceptions to the Notice and Hearing Requirement
of facts. It refers to the right to, and must, consider and make proper
1. Urgency of immediate action
application of the rules of equity.
2. Tentativeness of the administrative action
Ex. Power to appoint a receiver, power to issue injunctions
 3. Right was previously offered but not claimed 2. When the administrative remedy is permissive, concurrent
4. Summary abatement of a nuisance per se 3. utter disregard of due process
5. Preventive suspension of a public servant facing administrative 4. long-continued and unreasonable delay
charges 5. amount involved is relatively small
6. Padlocking of filthy restaurants/theaters showing obscene movies 6. when no administrative review is provided
7. Cancellation of a passport of a person sought for criminal 7. respondent is a department secretary (DOCTRINE  OF
prosecution QUALIFIED POLITICAL AGENCY – ALTER EGO DOCTRINE)
8. Summary distraint and levy of properties of a delinquent taxpayer Substantial evidence – defined to mean not necessarily preponderant proof
9. Replacement of a temporary or acting appointee as required in ordinary civil cases but such kind of relevant evidence which a
reasonable mind might accept as adequate to support a conclusion.
Questions Reviewable on Judicial Review:
1. Questions of FACT
The general rule is that courts will not disturb the findings of administrative
agencies acting within the parameters of their own competence so long as
such findings are supported by substantial evidence. By reason of their
special knowledge, expertise, and experience, the courts ordinarily accord
respect if not finality to factual findings of administrative tribunals.

2. Question of  LAW

Administrative decision may be appealed to the courts independently of
legislative permission.
It may be appealed even against legislative prohibition because the judiciary
cannot be deprived of its inherent power to review all decisions on questions
of law.

 Doctrine of Finality
Courts are reluctant to interfere with action of an administrative agency prior
to its completion or finality, the reason being that absent a final order or
decision, power has not been fully and finally exercised, and there can
usually be no irreparable harm.

EXCEPTIONS:  Interlocutory order affecting the merits of a controversy;

Preserve status quo pending further action by the administrative agency;
Essential to the protection of the rights asserted from the injury threatened;
Officer assumes to act in violation of the Constitution and other laws; Order
not reviewable in any other way; Order made in excess of power

Doctrine of Primary Jurisdiction

1. This doctrine states that courts cannot or will not determine a
controversy which requires the expertise, specialized skills and
knowledge of the proper administrative bodies because technical
matters of intricate questions of fact are involved.
2. Relief must first be obtained in an administrative proceeding
before a remedy will be supplied by the court even though the
matter is within the proper jurisdiction of a court.

Doctrine of Prior Resort

When a claim originally cognizable in the courts involves issues which, under
a regulatory scheme are within the special competence of an administrative
agency, judicial proceedings will be suspended pending the referral of these
issues to the administrative body for its view.
Note:  The doctrines of primary jurisdiction and prior resort have been
considered to be interchangeable.

Doctrine of Exhaustion of Administrative Remedies

1. Under this doctrine, an administrative decision must first be
appealed to the administrative superiors up to the highest level
before it may be elevated to a court of justice for review.

Reasons :
1. to  enable  the  administrative  superiors  to  correct 
the  errors  committed  by  their  subordinates.
2. courts  should  refrain  from  disturbing  the  findings
of  administrative. bodies  in  deference  to  the  doctrine 
of  separation  of  powers.
3. courts  should not  be saddled  with  the  review of 
administrative  cases
4. judicial  review  of  administrative cases is usually
effected  through  special civil  actions which are available 
only  if  their  is  no other  plain,  speedy and  adequate 
remedy.
3.  Exceptions
a.  when  the question  raised is  purely  legal, involves constitutional
questions
b.   when the administrative body is in estopped
c.   when act complained of is patently illegal
d.   when there is urgent need for judicial intervention
e.   when claim involved is small
f.    when irreparable  damage is involved
g.   when there is no other plain, speedy , adequate remedy
h.   when strong public interest is involved
I.    when the subject of controversy is private land
1. in quo warranto proceedings