Professional Documents
Culture Documents
Cons001 Notes
Cons001 Notes
SOCIAL COMPACT/ SOCIAL CONTRACT THEORY. The people have The Congress shall provide for the implementation of the exercise of
surrendered their sovereign powers to the State for the common good. this right.
A goo written constitution must be broad, brief and definite, beyond the reach
SECTION 3. The Congress may, by a vote of two-thirds of all its
of temporary excitement or popular passion, provides for safe growth and
Members, call a Constitutional Convention, or by a majority vote of
expansion, and is resilient or intended to endure for ages. all its Members, submit to the electorate the question of calling such a
convention.
Classification of Constitutions
1. [Codified] Written, conventional or enacted when embodied in
SECTION 4. Any amendment to, or revision of this Constitution
a document and adopted at a particular time; [Uncodified]
under Section1 hereof shall be valid when ratified by a majority of the
Unwritten, cumulative or evolved if it is not adopted at a votes cast in a plebiscite which shall be held not earlier than sixty days
particular time but results from gradual development of customs nor later than ninety days after the approval of such amendment or
usage, judicial decisions, laws, documents and statements of a revision.
fundamental character.
2. Rigid when it prescribed a formal, often-difficult method of
Any amendment under Section 2 hereof shall be valid when ratified
amendment; Flexible if amendment is done by the ordinary by a majority of the votes cast in a plebiscite which shall be held not
process of legislation. earlier than sixty days nor later than ninety days after the
certification by the Commission on Elections of the sufficiency of the
Parts of the Constitution petition.
1. CONSTITUTION OF LIBERTY. Provides for fundamental
civil and political rights of the citizens, and imposing limitations
to the power of government
AMENDMENT is a piecemeal or isolated change in the Constitution.
(Article III)
REVISION is a total change that requires rewriting of the Constitution.
2. CONSTITUTION OF GOVERNMENT. Outlines the
Section 1 – A/R of Constitution
organization of government, enumerating powers
1. Congress, 3/4 (Con Ass)
(Article VI, VII, VIII, IX, X)
2. Constitutional Convention
3. CONSTITUTION OF SOVEREIGNTY. Provides the mode of
Section 2 – People’s Initiative; A of Constitution by the People
procedure by which charges in the fundamental law maybe
12% of all registered voters, 3% RV in each district
brought about
(Article XVII)
Section 3 – Congress can call Con Con with 2/3 votes; or ask the electorate
WON to call for a Con Con with majority vote
INTERPRETATION OF THE CONSTITUTION
(Francisco v HOR, GR 160261)
Section 4 – Ratification by majority; between 60 to 90 days after approval by
ConCon/ConAss or certification of sufficiency by Comelec
1. VERBA LEGIS. Plain meaning rule. Whenever possible, the
words used in the Constitution must be given their ordinary
meaning except when technical terms are employed
2. RATIO LEGIS EST ANIMA. . The words of the Constitution
should be interpreted in accordance with the intent of the
framers.
3. UT MAGIS VALEAT QUAM PEREAT. The Constitution
should be construed as a whole.
Archipelagic state has sovereign rights over waters, but the Right of Innocent
Passage especially on formerly high seas is respected. Archipelagic state may
designate sealanes and air routes suitable for safe, continuous and expeditious
passage of foreign ships and aircraft through or over the archipelagic waters
and the adjacent territorial sea.
GOVERNMENT
GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES. It is the
corporate governmental authority through which the functions of government
are exercised throughout the Philippines.
3. Born in the Philippines of Foreign parents who before the
THE CITIZENSHIP adoption of 1935 Constitution were elected to public office
(Caram Rule)
4. Those whose mothers are Filipino citizens and upon reaching
majority age elected Philippine citizenship
ARTICLE IV CITIZENSHIP 5. Those naturalized by law
SECTION 1. The following are citizens of the Philippines:
5. Citizens under the 1973 Constitution
1. Those who are citizens of the Philippines at the time of the
a. Citizen as of January 17, 1973
adoption of this [1987] Constitution;
2. Those whose Fathers or mothers are citizens of the b. Those whose father and mother are citizens of the
Philippines; Philippines
3. Those born before January 17, 1973 of Filipino mothers, c. Those who elected Philippine citizenship under the 1973
who elect Philippine citizenship upon reaching the age of Constitution
majority; and d. Those naturalized by law
4. Those who are naturalized in accordance with law.
NATURAL BORN CITIZEN. Those who are citizens of the Philippines
from birth without having to perform any act to acquire or perfect the
Philippine citizenship.
SECTION 2. Natural-born citizens are those who are citizens of the
1. Those whose fathers or mothers are citizens of the Philippines
Philippines from birth without having to perform any act to acquire
or perfect their Philippine citizenship. Those who elect Philippine 2. Those who elect Philippine citizenship upon reaching majority age
citizenship in accordance with paragraph (3), Section 1 hereof shall be a. Born before January 17, 1973 of Filipino mother,
deemed natural-born citizens. b. inchoate Philippine citizenship in his minority
c. may be perfected upon age of majority, right to be exercised
within three years
SECTION 3. Philippine citizenship may be lost or reacquired in the
manner provided by law. 3. Those former natural born citizens who reacquire Philippine
citizenship through repatriation
SECTION 4. Citizens of the Philippines who marry aliens shall retain
NATURALIZATION. Legal process by which an alien acquires the
their citizenship, unless by their act or omission they are deemed,
citizenship of another State. It is the act of adopting a foreigner and clothing
under the law to have renounced it.
him with the privileges of a native citizen.
SECTION 5. Dual allegiance of citizens is inimical to the national JUDICIAL NATURALIZATION (CA 473)
interest and shall be dealt with by law.
Requirements for Naturalization by Judicial Proceeding
1. Age. At least 21 y/o at the date of hearing
NB: 1987 Constitution took effect on 02 FEBRUARY 1987. 2. Residence. Resident for at least 10 years, may be reduced to 5
years if:
a. Born in the Philippines
CITIZENSHIP. Membership in a political community which is more or less b. Married a Filipino woman; (woman married to Filipino man
permanent in nature; status of being a citizen [cives – member of the body has to cancel Alien Certificate of Registration)
politic of a state who owes allegiance to and may claim reciprocal protection c. Held government office
from its government] d. Made a useful invention or established an industry
e. Served as a teacher in a private or public school for a period
NATIONALITY. It is membership in a political community whether of not less than two (2) years
monarchial, autocratic or democratic. It does not necessarily carry with it the 3. Character. Possesses good moral character, believes in the
exercise of political rights. constitution and has conducted himself in an irreproachable
manner during his stay in the Philippines
Modes of Acquiring Citizenship 4. Property. Has real estate worth P5,000.00 or more, or has
1. By birth; either jus sanguinis (blood relationship) or jus soli (place lucrative trade, profession or occupation
of borth) 5. Education. Able to speak and write English or Filipino and a
2. By marriage principal dialect. Enrolled his children in a recognized school in
3. By naturalization the Philippines that teaches Philippine history, civics and
government
Citizens of the Philippines 6. Disqualifications.
1. Citizens of the Philippines at the time of the adoption of the 1987 i. Being opposed to organized movement
Constitution; ii. Believing in violence as a means to espouse an idea
2. Those whose Fathers or mothers are citizens of the Philippines; iii. Being polygamist, or believing in such
3. Those born before January 17, 1973 of Filipino mothers, who elect iv. Being convicted of a crime involving moral turpitude
Philippine citizenship upon reaching the age of majority; and v. Suffering from an incurable contagious disease or from
4. Those who are naturalized in accordance with law. mental anguish
vi. Not minglish socially with Filipinos, nor embracing Filipino
Citizens at the Time of Adoption of the 1987 Constitution culture, ideas and customs
1. Citizens under Philippine Bill 1902 vii. Being a citizen of the Philippines with which the Philippines
a. inhabitants as of April 11, 1899 (Treaty of Paris) who were is at war, during the time of such war
Spanish Subjects who continued to reside in the Philippines viii. No reciprocity, his own country does not grant naturalization
as well as their children to Filipinos
b. did not elect to preserve their allegiance to the Crown of
Spain Procedure for Judicial Naturalization
2. Citizens by judicial decisions applying the jus soli principle (Roa v 1. Declaration of Intention. Filed at OSG to allow character
Collector of Customs until Tio Tiam v Republic) investigation, exemptions
3. Naturalized in accordance with 1935 Constitution a. Born in PH and received primary and secondary education in
4. Citizens under the 1935 Constitution Philippine school
1. Citizens at the time of adoption b. Resided in PH for 30 years
2. Those whose fathers are citizens of the Philippines c. Widow or children of applicant who dies before his
application could be granted
2. File petition for naturalization with the RTC of the province country, or if it maintains armed forces in the Philippines with
where applicant resided for at least one year Philipppines’ consent
3. Publication of Petition. Once a week for three consecutive weeks 5. Denaturalization
in the Official Gazette, and in one newspaper of general 6. Being found by final judgment to be a deserter from the AFP
circulation in the Province
4. Hearing of Petition. State is represented by OSG; two witnesses EXPATRIATION. Voluntary renunciation or abandonment of nationality
to testify good moral character and allegiance. It is a constitutional right. No one can be compelled to remain
5. Promulgation of Decision. Final but not executory 30 days after a Filipino if he does not want to, except when the Philippines is at war as one
notice of decision is received by parties. cannot renounce his citizenship just to escape liability under the treason law.
6. Summary hearing after two years. Done to prove that
a. He did not leave the PH during the two-year period of REACQUISITION OF CITIZENSHIP.
probation 1. By naturalization. For those who lost Philippine citizenship by
b. He devoted himself to a lawful calling naturalization in a foreign country or by express renunciation of
c. He was not convicted of an offense or violation of his citizenship
government rules 2. By repatriation
d. He did not commit an act prejudicial to national interest or a. Desertion of the AFP
inimical to a government-announced policy b. Service in the armed forces of allied forces in WWII
7. Oath-taking before the RTC. After oath, he will be issued a c. Service in the Armed Forces of US at any other time
Certificate of Philippine Citizenship d. Marriage of a Filipino woman to an alien
e. Political and economic necessity
Effect of Naturalization to Wife. An alien woman married to a naturalized 3. By direct acts of Congress
husband who does not suffer any of the disqualifications may be declared a
citizen. DUAL CITIZENSHIP. Arises when a person is simultaneously considered a
national by two or more states as a result of concurrent application of their
Effect of Naturalization to Children laws. Filipino citizens may, without performing any act, and as an involuntary
1. If the child is of age, there is no effect consequence of conflicting laws of different countries, be another citizen of
2. If the child is minor, and another State.
a. Born in the Philippines, he automatically becomes a citizen
upon naturalization of Father DUAL ALLEGIANCE. Refers to a situation in which a person
b. Born abroad before naturalization of the father and residing simultaneously owes, by some positive act, two or more states.
in the Philippines at the time of naturalization, he
automatically becomes a citizen Dual citizenship is involuntary, dual allegiance is the result of an individual’s
c. Born abroad before naturalization but not residing in the violation.
Philippines at the time of naturalization, Filipino only during
his minority unless he takes permanent residency in the CASES ON CITIZENSHIP
Philippines before reaching majority age In re Ching, Bar Matter No 914 (01 October 1999)
d. Born abroad after naturalization of father, considered a Petitioner Ching is son of a Filipino mother and Chinese Father, born April
citizen provided he take his Oath of Allegiance to the 11, 1964. Ching wants to be admitted to the bar after passing the bar
Philippines upon age of majority (failure to register intent to examination. However, he elected Filipino citizenship fourteen (14) years
become Filipino citizen one year after reaching 21 years, he after reaching the age of majority. Despite continuous uninterrupted stay in
ceases ti be a Filipino citizen) the Philippines, being a CPA, registered voter and former elected public
official, Philippine citizenship may not be vested upon him, the law lays
DENATURALIZATION. Filed by OSG on the RTC that granted down specific requirements to be complied with. One who is privileged to
naturalization of the following grounds: elect Philippine citizenship has only an inchoate right.
1. Naturalization obtained through illegal means
2. Within five years from naturalization, goes to another country with Co v HRET, 199 SCRA 692 (1991)
intent to take permanent residence Respondent was born of Filipino mother and a naturalized father (when he
3. Naturalization obtained through invalid declaration of intention was 9 y/o). The filing of sworn statement or formal declaration is a
4. Applicant’s children failed to graduate from Philippine schools requirement for those who still have to elect citizenship. For those already
because he transferred them to another school or failed or refused Filipinos when the time to elect came up, there are acts of deliberate choice
to send them to such schools which cannot be less binding i.e., entering a profession open only to Filipinos,
5. Applicant is guilty of violating naturalization laws and the anti- serving in a public office where citizenship is a qualifications, voting, running
dummy law in availing privileges available only to Filipinos for public office.
FOUDNLING is a deserted or abandoned infant or child whose parents, Express Renunciation means a renunciation that is made known distinctly
guardian or relatives are unknown; or a child committed to an orphanage or and explicitly and not left to inference or implication.
charitable or similar institution with unknown facts of birth and parentage and
registered in the Civil Registrar as “foundling.” Frivaldo v COMELEC, 174 SCRA 245 (1989)
Petitioner was proclaimed Governor of Sorsogon in 1988 and a petition to
CASES ON NATURALIZATION annul his proclamation was filed on the ground that he is a naturalized US
Republic v Dela Rosa, 232 SCRA 785 (1994) citizen. He claimed that by participating in the election, he reacquired
Frivaldo’s petition for naturalization before the RTC of Manila was granted; Philippine citizenship. HELD: Frivaldo has not reacquired Philippine
but was subsequently declared not a citizen of the Philippines, disqualifying citizenship by participating in Philippine elections thus automatically
him as Governor of Sorsogon. Respondent, having opted to reacquire forfeiting his US citizenship. Such forfeiture could not have the effect of
citizenship through naturalization under the Revised Naturalization Law, is restoring his citizenship in the Philippines that he had earlier renounced.
duty bound to follow the procedure prescribed by the law. The law does not
provide special procedure for former Filipino citizens contrary to reparation Frivaldo v COMELEC, 257 SCRA 727 (1996)
by Filipino woman who married an alien. Petitioner ran for Sorsogon Governor in 1995. Opponent filed a petition to
1. Failure to comply with publication and posting requirements, disqualify him which was granted by COMELEC, denied his Motion for
hence the court did not acquire jurisdiction Reconsideration. Frivaldo claims his petition for repatriation was filed to the
2. Petition lacks several allegations required by Sections 2 and 6 of Office of the President on August 17, 1994, resubmitted on June 29, 1995 the
the Revised Naturalization Law; was not supported by affidavit of form to Special Committee (which convened on June 8, 1995, and was
two credible persons; and did not attach certificate of arrival granted on June 30, 1995. HELD:
required by Section 7 1. Frivaldo’s acquisition of Philippine citizenship retroacted to the
3. Proceedings of the Trial court was marred with many irregularities date of filing on August 17, 1994.
2. Citizenship requirement in LGC is to be possessed by an elective
Republic v Li Yao, 214 SCRA 748 (1992) – Res Judicata Doctrine official at the latest as of the time he is proclaimed and at the start
Li Yao acquired naturalization. Fifteen year later, lower court found that he of the term of office.
misled the court on certain fraudulent tax payments. He claims he secured tax
amnesty obliterating his tax liabilities. Moral character was question. He
argues the question of citizenship is res judicata. HELD: Tabasa v Court of Appeals, GR 125793 (29 August 2006)
1. A certificate of naturalization may be cancelled if it is Tabasa was natural born Filipino, but upon naturalization of his father when
subsequently discovered that the applicant obtained it by he was seven (7yo), he also acquired American citizenship by derivative
misleading the court upon any material fact. Moreover, a naturalization. Arrived in the Philippines in August 3, 1995 as Balikbayan,
naturalization proceeding is not a judicial adversary proceeding, and thereafter was arrested by BI upon the request of Consul General of US
the decision rendered therein, not constituting res judicata as to Embassy to apprehend and deport petitioner who has a warrant of arrest for
any matter that would support a judgment cancelling a certificate several federal charges. His passport was also revoked. Petitioner alleged that
of naturalization on the ground of illegal or fraudulent he had acquired Philippine citizenship by repatriation, and being a Filipino
procurement thereof. citizen, he cannot be deported or detained by BI. HELD: Petitioner may not
2. Concealment of his income to evade payment of lawful taxes show avail of repatriation to acquire Philippine citizenship. Only 1) Filipino women
that his moral character is irreproachable, disqualifying him from who married an alien, and 2) natural born Filipinos and their minor children
naturalization. Tax amnesty does not obliterate lack of good moral who lost Philippine citizenship on account of political or economic necessity.
character and irreproachable conduct. He is not qualified since he lost his citizenship by operation of law and not
due to political or economic necessity. He can reacquire Philippine citizenship
CASES ON LOSS AND REACQUISITION OF CITIZENSHIP by availing of the Citizenship Retention and Re-acquisition Act of 2003 by
Coquilla v COMELEC, GR 151914 (31 July 2002) simply taking an Oath of Allegiance to the Philippines.
Petitioner Coquilla was born February 17, 1938 of Filipino parents in Oras,
Eastern Samar. Joined US Navy in 1965, then naturalized. Came back to Angat v Republic, GR 132244 (14 September 1999)
Philippines in October 15, 1998 and took out a residence certificate. He Petitioner, a natural born citizen of the Philippines, became a naturalized US
applied for reparation on August 5, 2000, approved on November 7, 2000 and citizen and filed an application for repatriation to the RTC. PD 725 provided
took his Oath of allegiance on November 10, 2000 (acquired citizenship). that applications for repatriation could be filed to the Special Committee on
On November 21, he registered as voter and on January 12, 2001, his Naturalization. President Cory Aquino issued a Memorandum deactivating
registration was approved. Filed his Certificate of Candidacy for mayor in the SCN. HELD: The SCN has jurisdiction not the RTC.
Respondent Osmena denied having taken an Oath of Allegiance to the US,
Jao v Republic, 121 SCRA 358 holder of a valid Philippine passport, and participated in the elections both as
No law authorizes judicial proceeding for repatriation. voter and candidate. He remains to be a Filipino and the loss of his Philippine
citizenship cannot be presumed. The mere fact that he has a Certificate stating
Aznar v COMELEC, GR 83820 (25 May 1990) he is American does not mean he is nit still a Filipino.
CA 473 JUDICIAL NATURALIZATION RA 9139 ADMINISTRATIVE NATURALIZATION
QUALIFICATIONS
AGE not less than twenty-one years of age on the day of the hearing of the must not be less than eighteen (18) years of age, at the time of filing of
petition his/her petition;
BIRTH/ RESIDENCE must have resided in the Philippines for a continuous period of not must be born in the Philippines and residing therein since birth;
less than ten years;
a. Reduced to five (5) years if:
b. held public office
c. Having established a new industry or introduced a
useful invention in the Philippines;
d. Being married to a Filipino woman;
e. Having been engaged as a teacher in the Philippines
school not exclusive for a particular nationality or race,
for a period of not less than two years;
f. Having been born in the Philippines.
GOOD MORAL must be of good moral character and believes in the principles underlying must be of good moral character and believes in the underlying
CHARACTER the Philippine Constitution, and must have conducted himself in a proper principles of the Constitution, and must have conducted himself/herself
and irreproachable manner during the entire period of his residence in the in a proper and irreproachable manner during his/her entire period of
Philippines in his relation with the constituted government as well as with residence in the Philippines in his relation with the duly constituted
the community in which he is living. government as well as with the community in which he/she is living;
INCOME must own real estate in the Philippines worth not less than Php 5,000.00 or must have a known trade, business, profession or lawful occupation,
must have some known lucrative trade, profession, or lawful occupation; from which he/she derives income sufficient for his/her support and if
he/she is married and/or has dependents, also that of his/her family:
Provided, however, That this shall not apply to applicants who are
college degree holders but are unable to practice their profession
because they are disqualified to do so by reason of their citizenship;
LANGUAGE must be able to speak and write English or Spanish and any one of the must be able to read, write and speak Filipino or any of the dialects of
principal Philippine languages; the Philippines;
EDUCATION must have enrolled his minor children of school age in a Philippine school must have received his/her primary and secondary education in any
where the Philippine history, government and civics are taught or Philippine school where Philippine history, government and civics are
prescribed as part of the school curriculum, during the entire period of the taught and prescribed as part of the school curriculum and where
residence in the Philippines required of him prior to the hearing of his enrollment is not limited to any race or nationality:
petition for naturalization as Philippine citizen.
Provided, That should he/she have minor children of school age, he/she
must have enrolled them in similar schools;
MINGLE The applicant must have mingled with the Filipinos and evinced a
sincere desire to learn and embrace the customs, traditions and ideals of
the Filipino people
DISQUALIFICATIONS
OPPOSE ORGANIZED Persons opposed to organized government or affiliated with any Those opposed to organized government or affiliated with any
GOVERNMENT association or group of persons who uphold and teach doctrines opposing association of group of persons who uphold and teach doctrines
all organized governments; opposing all organized governments;
TEACHING VIOLENCE Persons defending or teaching the necessity or propriety of violence, Those defending or teaching the necessity of or propriety of violence,
personal assault, or assassination for the success and predominance of their personal assault or assassination for the success or predominance of
ideas; their ideas;
POLYGAMY Polygamists or believers in the practice of polygamy; Polygamists or believers in the practice of polygamy;
MORAL TURPITUDE Persons convicted of crimes involving moral turpitude; Those convicted of crimes involving moral turpitude;
DISEASE Persons suffering from mental alienation or incurable contagious diseases; Those suffering from mental alienation or incurable contagious
diseases;
NOT MINGLED Persons who, during the period of their residence in the Philippines, have Those who, during the period of their residence in the Philippines, have
SOCIALLY not mingled socially with the Filipinos, or who have not evinced a sincere not mingled socially with Filipinos, or who have not evinced a sincere
desire to learn and embrace the customs, traditions, and ideals of the desire to learn and embrace the customs, traditions and ideals of the
Filipinos; Filipinos;
WAR Citizens or subjects of nations with whom the United States and the Citizens or subjects with whom the Philippines is at war, during the
Philippines are at war, during the period of such war period of such war
LAW Citizens or subjects of a foreign country other than the United States Citizens or subjects of a foreign country whose laws do not grant
whose laws do not grant Filipinos the right to become naturalized citizens Filipinos the right to be naturalized citizens or subjects thereof.
or subjects thereof.
QUALIFICATIONS DISQUALIFICATIONS
AGE, OPPOSE ORGANIZED
BIRTH/RESIDENCE GOVERNMENT
GOOD MORAL CHARACTER TEACHING VIOLENCE
INCOME POLYGAMY
LANGUAGE MORAL TURPITUDE
EDUCATION DISEASE
NOT MINGLED SOCIALLY
WAR
LAW
1987 CONSTITUTION 1973 CONSTITUTION 1935 CONSTITUTION TREATY OF PARIS
1. Citizens of the Philippines at 1. Citizen as of January 17, 1973 1. Citizens at the time of adoption 1. Citizens under Philippine Bill
the time of the adoption of the 1902
1987 Constitution; a. inhabitants as of April
11, 1899 (Treaty of
Paris) who were Spanish
Subjects who continued
to reside in the
Philippines as well as
2. Those whose Fathers or 2. Those whose father and 2. Those whose fathers are
their children
mothers are citizens of the mother are citizens of the citizens of the Philippines
b. did not elect to preserve
Philippines; Philippines
their allegiance to the
Crown of Spain
c.
3. Born in the Philippines of 2. Citizens by judicial decisions
Foreign parents who before the applying the jus soli principle
adoption of 1935 Constitution (Roa v Collector of Customs
were elected to public office until Tio Tiam v Republic)
(Caram Rule)
3. Those born before January 17, 3. Those who elected Philippine 4. Those whose mothers are
1973 of Filipino mothers, who citizenship under the 1973 Filipino citizens and upon
elect Philippine citizenship Constitution reaching majority age elected
upon reaching the age of Philippine citizenship
majority; and
4. Those who are naturalized in 4. Those naturalized by law 5. Those naturalized by law
accordance with law.
latter may set-up a counterclaim at least to the extent of the
STATE IMMUNITY FROM SUIT amount claimed in the complaint
c. If the government intervenes in a suit and asks the court for an
affirmative relief; but not if merely to resist claim, no affirmative
relief
ARTICLE XVI GENERAL PROVISIONS d. When government enters into commercial business in a propriety
SECTION 3. The State may not be sued without its consent.
character, sued upon contracts
e. When it is inequitable for government to claim immunity
STATE IMMUNITY. The state may not be sued without its consent. A Not all government entities, whether corporate or non-corporate, are immune
sovereign is exempt from suit on the logical and practical ground that there from suits. Immunity is determined by the character if the objects for which
can be no legal right against the authority that makes the law on which the the entity was organized.
right depends.
A donor, with the Republic or any of its agency being the done, is entitled to
The consent of the State to be sued must emanate from statutory authority. go to the court in case of an alleged breach of the conditions of such donation.
Waiver of State immunity can only be made by an act of the legislative body.
(Republic v Feliciano, 148 SCRA 424 (1987)) SUITS AGAINST UNINCORPORATED GOVERNMENT ENTITIES.
General Rule. Offices and agencies of the government that do not possess a
A suit for acts done in the performance of official functions against an officer separate juridical personality cannot be sued.
of the government by a private citizen which would result in a charge against Exception. If unincorporated agency is exercising principally proprietary
or financial liability to government must be regarded as suit against the State functions or is engaged in a private business
itself. Government immunity from suit will not shield the public official being
sued if the government no longer has interest to protect in the outcome of a SUITS AGAINST MUNICIPAL CORPORATIONS. Local government
suit, or if the liability of the officer is personal because it arises from tortious units possess corporate powers including the capacity to sue and be sued.
acts in the performance of his duties. (Philippine Agila Satellite v Licgauco,
GR 142362 (3 May 2006)) SUITS AGAINST FOREIGN STATES. One state cannot assert jurisdiction
over the other.
EXPRESS CONSENT. The state gives its consent to be sued with respect to
claims and accounts provided that the conditions and procedures prescribed Par in parem non habet imperium
are duly complied with. Equals have no sovereignty over each other
Once consent is secured, an action may be filed. However, there is nothing to SUITS AGAINST INTERNATIONAL AGENCIES. Certain basic
prevent the State to require that certain administrative proceedings be had and immunities are accorded to specialized agencies of the United Nations.
exhausted. (Sayson v Singson, 54 SCRA 282 (1973))
Suability is not liability; the State in only giving the plaintiff the chance to
a. SPECIAL LAW. Specific consent is given when a law is enacted prove, if it can, that the defendant is liable.
authorizing a particular person to bring a specified suit against the
government in respect to a particular claim or cause. Indirect suit against the government is prohibited.
b. TORTS COMMITTED BY SPECIAL AGENTS. ARTICLE Suits against Public Officers that are not Suits against the State
2180, NCC. State is responsible for quasi-delicts committed by 1. Compelling the performance of a ministerial function or a duty
government acting through special agents or those performing required by law
non-regular functions; if it was committed by a regular employee, 2. Action for prohibition against an agency or a public officer to
the injured party could only bring a suit for damages against the prevent the enforcement of an act claimed as illegal or
employee in his personal capacity unconstitutional
3. Against an officer in his private or personal capacity
Under the Civil Code, the state is liable when it acts through a 4. Against an officer claimed to have committed an ultra vires act or
special agent, but not when the damage should have been where there is a chowing of bad faith, malice or gross negligence
caused by the official to whom properly it pertained to do the
act performed. A special agent is one who receives a definite and Consent to Execution is required
fixed order or commission, foreign to the exercise of the duties of Where the state gives its consent to be sued, it may limit claimant’s action
his office if he is a special official. This concept does not apply to only up to the completion of proceedings anterior to execution. The power of
any executive agent who is an employee of the acting the court ends when judgment is rendered
administration and who on his own responsibility performs the IMMUNITY FROM SUIT
functions which are inherent in and naturally pertain to his office THE GOVERNMENT MAY NOT BE SUED WITHOUT ITS
and which are regulated by law and the regulations. The driver of CONSENT
the ambulance of the General Hospital was not a special agent; EXPRESS CONSENT
thus the Government is not liable. (Meritt v Government, 34 IMPLIED CONSENT. Government enters into a contract in its
PHIL 311 (1916)) proprietary capacity
CONTRACT INVOLVES SOVEREIGN
c. GOVERNMENT CORPORATIONS, if vested with separate GOVENMENTAL CAPACITY
juridical and corporate personalities and clothed with the express CRIME, TORTIOUS ACTS, UNOFFICIAL ACTS DONE IN
power to sue and be sued THE PERSONAL CAPACITY OF PUBLIC OFFICIALS
2. FOREIGN STATE
a. GOVERNMENT FUNCTION/ JUS IMPERII (IM)
b. PROPRIETORY FUNCTION/ JUS GESTIONIS (X)
c. CORPORATION (immunity should be proven as fact)
i. FXN INHERENT TO GOVERNMENT (IM)
ii. NO FXN INHERENT TO GOVERNMENR (X)
3. INTERNATIONAL ORGANIZATION
a. DEPENDS ON TREATY, CHARTER OR CONVENTION
The Constitution apportions the powers of government, but it does not make
any one of the three departments subordinate to another when exercising the
trust committed to it.
DELEGATION OF POWERS
Legislative power may only be exercised by the legislative branch, and may
not be delegated to the other branches of government.
Valid Delegation
1. By Direct Constitutional Grant
a. Tariff powers of the President
b. Emergency Powers to the President
Requisites:
i. There must be a war or other national emergency
ii. The delegation must be for a limited period only
iii. The delegation must be subject to restrictions as
Congress may provide
iv. Must be exercised to carry out a declared national
emergency
c. Rule Making Power to the Supreme Court
d. Delegated Power to Local Government
e. Rule Making Power to Constitutional Commissions
IF NO DIRECT INJURY
THE JUDICIAL DEPARTMENT
A) STRICT COMPLIANCE
1. With Paramount Public Interest; and
ARTICLE VIII. 1987 CONSTITUTION 2. With Alternate Standing (petition w standing)
SECTION1. The judicial power shall be vested in one Supreme Court
B) LIBERAL COMPLIANCE
and in such lower courts as may be established by law.
1. No Alternate Standing, but
2. With Paramount Public Interest (petition w standing)
Judicial power includes the duty of the courts of justice to settle
actual controversies involving rights which are legally demandable CITIZEN STANDING. When suing as a citizen, the interest of the
and enforceable, and to determine whether or not there has been a
petitioner assailing the constitutionality of a statute must be direct and
grave abuse of discretion amounting to lack or excess of jurisdiction
on the part of any branch or instrumentality of the Government. personal.
JUDICIAL REVIEW. It is the power of the courts, ultimately of the He must be able to show not only that the law or any government act is
Supreme Court, to interpret the Constitution, and to test the validity of invalid, but also that he sustained or in imminent danger of sustaining
executive and legislative acts in the light of their conformity with the some direct injury as a result of its enforcement.
fundamental law.
When the proceeding involves the assertion of a public right, the mere
It allows the Supreme Court fact that he is a citizen satisfies the requirement of personal interest.
1) to review, revise, reverse, modify or affirm on appeal or certiorari
final judgments and orders of lower courts, and Requisites for Citizen’s Suit Challenging Constitutionality
2) to determine whether or not there has been a grave abuse of 1. the petitioner must have suffered an “injury in fact” of an actual or
discretion amounting to lack or excess of jurisdiction on the part imminent nature (Direct Injury Test)
of any branch or instrumentality of the government 2. there must be a causal connection between the injury and the
conduct complained of
The Supreme Court has the power has the power to allocate constitutional 3. the injury is likely to be redressed by a favorable action by the
boundaries. court
Requisite of Judicial Review Two requisite for Assertion of Public Right/ Mandamus
1. There must be an Actual Case or Controversy 1. enforcement of a public right
2. Raised by a party with Standing/ Locus Standi 2. espoused by a Filipino citizen
(Exception: Transcendental Importance)
3. Raised at the Earliest Opportunity TAXPAYER’S STANDING. A taxpayer has sufficient interest in
4. There must be Necessity of deciding the constitutional question preventing the illegal expenditure of public funds and may therefore
question the constitutionality of statutes requiring expenditure of public
1. ACTUAL CASE OR CONTROVERSY. Means an existing case or money. Petitioner must prove that he has sufficient interest in preventing
controversy which is both ripe for resolution and susceptible of judicial the illegal expenditure and that he would sustain an injury.
determination, and that which is not conjectural or anticipatory, or that which
seeks to resolve hypothetical or feigned constitutional problems. LEGISLATIVE STANDING. An act of the Executive that injures the
institution of Congress causes a derivative but substantial injury that can
Controversy is the presence of opposing views of contentions. be questioned by any member of Congress.
An issue is not ripe for judicial determination if future events may render the PARAMOUNT PUBLIC INTEREST. Even as a party may not have
decision unnecessary. the legal standing to bring the suit, the Supreme Court has brushed aside
technicalities of procedure particularly when the Constitutional question
A request for advisory opinion is not allowed. raised are of paramount public interest or transcendental importance.
The petition must not be moot and academic. The court will decide cases Requisites/must be established:
otherwise moot and academic, if: 1. the character of the funds or other assets involved in the case
1. The exceptional character of the situation and the paramount 2. the presence of a clear case of a constitutional or statutory
public interest involved prohibition by the public respondent agency or instrumentality of
2. The issue raised requires formulation of controlling principles to government
guide the bench, bar and public 3. the lack of any other party with a more direct and specific interest
3. The case is capable of repetition yet evading review. Involve in raising the question being raised
disputes of short duration where the injury-in0fact will go away
before the lawsuit finds its way through the court system. FACIAL CHALLENGE. A party can question the validity of a statute
a) the life of the controversy is too short to be fully litigated only if, as applied to him, it is unconstitutional. Exception: Even though
prior to its termination as applied to him it not unconstitutional, but it might be if applied to
b) there is a reasonable expectation that the plaintiff will others not before the court whose activities are constitutionally protected
again be subjected to the same problem
FACIAL CHALLENGE. Applies only to fundamental rights
2. LEGAL STANDING. Means a personal and substantial interest in the (expression, press, religion, intellectual liberties) but not to penal laws
case such that the party has sustained or will sustain direct injury as a result of 1. VOID FOR VAGUENESS (vague words)
the governmental act that is being challenged. 2. OVERBREADTH (vague parameters)
Mandatory Notice. Trial court may not rule on the validity of a statute,
executive order or regulation without complying with Rule 64, Section 3 of
the Rules of Court
No law shall be passed reorganizing the Judiciary when it undermines LOWER COURTS. Presently governed by BP 129 as amended by RA 7691
the security of tenure of its Members. and 7902
SECTION 3. The Judiciary shall enjoy fiscal autonomy. QUALIFICATIONS OF SUPREME COURT JUSTICES
Appropriations for the Judiciary may not be reduced by the 1. Natural born Filipino
legislature below the amount appropriated for the previous year and, 2. At least 40 years of age
after approval, shall be automatically and regularly released. 3. At least 15 years of experience as judge or in the practice of law in
the Philippines
SECTION 4. 4. Proven competence, integrity, probity, and independence
1) The Supreme Court shall be composed of a Chief Justice
and fourteen Associate Justices. It may sit en banc or in its ARTICLE VIII, SECTION 12
discretion, in division of three, five, or seven Members. Any The members of the Supreme Court and of other courts established
vacancy shall be filled within ninety days from the by law shall not be designated to any agency performing quasi-
occurrence thereof. judicial or administrative function.
2) All cases involving the constitutionality of a treaty,
international or executive agreement, or law, which shall be
heard by the Supreme Court en banc, and all other cases
which under the Rules of Court are required to be heard en ARTICLE VIII, SECTION 9 PAR 1
banc, including those involving the constitutionality, The members of the Supreme Court and judges of the lower courts
application, or operation of presidential decrees, shall be appointed by the President from a list of at least three
proclamations, orders, instructions, ordinances, and other nominees prepared by the Judicial and Bar Council for every
regulations, shall be decided with the concurrence of a vacancy. Such appointments need no confirmation.
majority of the Members who actually took part in the
deliberations on the issues in the case and voted thereon.
3) Cases or matters heard by a division shall be decided or ARTICLE VIII, SECTION 4
resolved with the concurrence of a majority of the Any vacancy shall be filled within ninety (90) days from the
Members who actually took part in the deliberations on the occurrence of the vacancy.
issues in the case and voted thereon, and in no case without
the concurrence of at least three of such Members. When
the required number is not obtained, the case shall be For the lower courts, the President shall issue the appointments
decided en banc: Provided, that no doctrine or principle of within 90 days from the submission of the list.
law laid down by the court in a decision rendered en banc
or in division may be modified or reversed except by the
court sitting en banc. ARTICLE VIII SECTION 10
The salary of the Chief Justice and of the Associate Justice of the
SUPREME COURT Supreme Court, and of judges of lower courts shall be fixed by law.
The Supreme Court was created by the Constitution and cannot be abolished During their continuance in office, their salary shall not be decreased.
by Congress. Lower Courts were created by statutes and can be abolished by
Congress. ARTICLE XVIII SECTION 17
Until the Congress provides otherwise the Chief Justice shall receive
COMPOSITION OF SUPREME COURT (Article VII, Section 4(1)) an annual salary of P240,000 and the Associate Justices shall receive
1. Chief Justice P204,000 each.
2. 14 Associate Justices
MODE OF SITTING Perfecto v Meer: SC ruled that salaries of judges were not subject of income
1. EN BANC. Decided with the concurrence of a majority of the tax for such would be a diminution of their salary.
Members who actually took part in the deliberations on the issues
in the case and voted thereon. Endencia v David: Congress passed a law providing that the constitutional
2. DIVISION (3, 5, or 7 members). Decided by a majority, at least provision on diminution of salaries of Members of the Judiciary should not
three member concurred, otherwise will be for En Banc decision interpreted to mean an exemption from income tax. SC invalidated the stature
on the ground that the legislature had no power to interpret the Constitution.
EN BANC CASE
1. Constitutionality 1973 Constitution: “No salary or any form of emolument of any public
2. Death Penalty office or employee, including constitutional officers, shall be exempt from
3. Novel Questions of Law payment of income tax.”
4. Ambassadors, other public ministers and consuls
5. Division 1987 Constitution: The framers intended to make the salaries of the
a. required number of votes not met members of the Judiciary taxable.
b. in the opinion of at least three members merits attention of
En Banc, and acceptable to majority of En Banc members ARTICLE VIII SECTION 11
6. Modify or reverse a doctrine The members of the Supreme Court and judges of lower courts shall
7. Administrative or disciplinary cases hold officer during good behavior until (i) they reach 70 years, or
a. Dismissal of judges earlier if (ii) they become incapacitated to discharge the duties of their
b. Disbarment of lawyers office.
c. Suspension more than one year, fine exceeding Php
10,000.00, or both ARTICLE VILLL SECTION 2 PAR 2
8. Validity of proclamation of martial law or suspension of the No law shall be passed reorganizing the Judiciary when it undermines
privilege of writ of habeas corpus the security of tenure of its Members.
9. As Presidential Electoral Tribunal
Only the lower courts may be reorganized by Congress.
ATICLE XI SECTION 2
The President, Vice-President, the Members of the Supreme Court,
the Members of the Constitutional Commissions, and the
Ombudsman may be removed from office, on impeachment for, and
conviction of, culpable violation of the Constitution, treason, bribery,
graft and corruption, other high crimes, or betrayal of public trust.
All other public officers and employees may be removed from office
as provided by law, but not by impeachment.
A Supreme Court Justice cannot be removed except by impeachment. A
Supreme Court Justice cannot be charged in a criminal case or a disbarment
proceeding, because the ultimate effect is to remove him from office and thus,
circumvent the provision on impeachment.
Members of the Supreme Court must first be removed from office through
impeachment, before he may be held criminally or administratively
(disbarment) liable.
JURISDICTION is the authority of a court to hear and decide a case. Consing v Court of Appeals: Lack of certification would not invalidate the
decision. It may however be a basis for holding the official responsible for the
The Congress shall have the power to define, prescribe, and apportion the omission to account.
jurisdiction of the various courts.
RULES ON FAILURE TO GET MAJORITY b. Promulgate rules concerning the protection and enforcement
If the necessary majority cannot be had, the case is again REHEARD. If of constitutional rights and legal assistance to the
upon rehearing, no majority is still had: underprivileged
1. If case is on appeal, judgement appealed from is deemed c. Promulgate rules concerning pleading, practice, and
AFFIRMED, except procedure in all courts
a. Criminal cases where the judgment is conviction,
ACCUSED IS ACQUITED, CONVICTION IS Limitations:
REVERSED 1. Such rules provide a simplified and inexpensive procedure
b. Lower Court declares law UNCONSTITUTIONA, the for the speedy disposition of cases
decision is REVERSED 2. They shall be uniform for all courts of the same grade
2. If the case is an original petition, DISMISSED 3. They should not diminish, increase or modify substantive
rights
ARTICLE VIII SECTION 14 d. Admission to the practice of law
No Decision shall be rendered by any court without expressing 1. Pass the bar exam
therein clearly and distinctly the facts and the law on which it is 2. Take the Lawyer’s Oath
based. 3. Sign in the Roll of Attorneys
e. Integration of the Bar
Rule is applicable only to in cases submitted for decision. It is applicable to ADMINISTRATIVE FUNCTIONS
an Order or Resolution. ARTICLE VIII SECTION 6
The Supreme Court shall have administrative supervision over all
Sin perjuico””judgments is a judgment without a statement of facts in courts and the personnel thereof.
support of its conclusion to be later supplemented by the final judgment
ARTICLE VIII SECTION 14 PAR 2 1. Detailing of lower court judges; shall not exceed six months
No petition or motion for reconsideration of a decision of the court without the consent of the judge concerned
shall be refused due course or denied, without stating the legal basis 2. Discipline of lower court judges
therefor. 3. Appointment of officials and employees of judiciary
OTHER PROHIBITIONS:
“Full term” means the term of all members who voted to increase the salaries 1. Personally appearing as a counsel before any court of justice,
of members of Senate and Congress. The term of senators elected in the Electoral Tribunals, quasi-judicial bodies
last preceding election is controlling. 2. Being interested financially in any contract with or franchise or
special privilege granted by the Government, or any subdivision,
Law to increase salary was passed in 2015. Last elected senators were in agency, or instrumentality, government-owned or controlled
2013. The law will take effect in 2019, after the six-year term of the senators. corporations, or its subsidiaries
3. Intervening in any matter before any office of the Government for
SECTION 11. A Senator or Member of the House of Representatives his pecuniary benefit
shall, in all offenses punishable by not more than six years 4. Intervening in any matter where he may be called upon to act on
imprisonment, be privileged from arrest while the Congress is in account of his office
session. No Member shall be questioned nor be held liable in any
other place for any speech or debate in the Congress or in any SECTION 15. The Congress shall convene once every year on the
committee thereof. fourth Monday of July for its regular session, unless a different date is
fixed by law, and shall continue to be in session for such number of
Article 145 of RPC extended the privilege from arrest to also include days as it may determine until thirty days before the opening of its
privilege from search. next regular session, exclusive of Saturdays, Sundays, and legal
holidays. The President may call a special session at any time.
The speech and debate clause does not exempt the member of Congress from
any possible disciplinary measures that his colleagues in Congress may
impose upon him. SESSIONS.
1. Regular sessions. Commences every 4th Monday of July unless a
SECTION 12. All Members of the Senate and the House of different day is set by law, until thirty days before the opening of
Representatives shall, upon assumption of office, make a full its next regular session.
disclosure of their financial and business interests. They shall notify 2. Special Sessions called by the president to consider such
the House concerned of a potential conflict of interest that may arise subjects of legislation as he may determine. Congress determines
from the filing of a proposed legislation of which they are authors. number of days for such session.
3. Special Sessions without need of call
a. To pass a bill calling for the holding of a special
DISCLOSURE OF INFORMATION election when there is a vacancy in the offices of the
1. Assets, liabilities and net worth President and Vice President;
2. Financial and business interests - the bill is certified and becomes a law
3. Conflict of interest upon third reading of Congress;
b. To determine 2/3 vote whether the President is unable
SECTION 13. No Senator or Member of the House of Representatives to discharge the powers and duties of his office
may hold any other office or employment in the Government, or any - Cabinet sends a written declaration to the
subdivision, agency, or instrumentality thereof, including Senate President and Speaker notifying
government-owned or controlled corporations or their subsidiaries, them of the President’s disability
during his term without forfeiting his seat. Neither shall he be - The president disputes the mater but the
appointed to any office which may have been created or the
Cabinet stands by its findings
emoluments thereof increased during the term for which he was
c. To extend or revoke the proclamation of martial law or ENROLLED BILL. A bill approved by both Houses is engrossed or
the suspension of the privilege of the writ of habeas enrolled, and this enrolled copy of the bill bears the certification of the Senate
corpus President and the Speaker that the bill as enrolled is the version passed by
each house. The enrolled bill is the one sent to the President for action.
JOINT SESSIONS AND SEPARATE VOTING.
When both Houses meet jointly, they vote separately, except for one instance The lawmaking process in Congress ends when the bill is approved by both
when they convene to revoke or extend the proclamation of martial law or the Houses, and the certification does not add to the validity of the bill or cure
suspension of the privilege of the writ of habeas corpus. any defect already present upon its passage. In other words it is the approval
by Congress and not the signatures of the presiding officers that is essential.
a. When Congress, acting as Board of Canvassers, breaks the tie for (Astorga v Villegas, GR L-23475)
President or Vice-President;
b. When Congress decides on the question of the President’s inability JOURNAL ENTRY RULE v ENROLLED BILL THEORY. When there
to discharge the powers and functions of his office; is a conflict between the enrolled bill and the journal, the Enrolled Bill
c. When Congress declares the existence of a state of war; prevails, except with respect to matters required to be entered into the
d. When there is a vacancy in the Office of the Vice-President, and journals.
Congress has to confirm the nomination made by the President
SECTION 17. The Senate and the House of Representatives shall each
SECTION 16. have an Electoral Tribunal which shall be the sole judge of all
1) The Senate shall elect its President and the House of contests relating to the election, returns, and qualifications of their
Representatives, its Speaker, by a majority vote of all its respective Members. Each Electoral Tribunal shall be composed of
respective Members. Each House shall choose such other nine Members, three of whom shall be Justices of the Supreme Court
officers as it may deem necessary. to be designated by the Chief Justice, and the remaining six shall be
Members of the Senate or the House of Representatives, as the case
may be, who shall be chosen on the basis of proportional
2) A majority of each House shall constitute a quorum to do
representation from the political parties and the parties or
business, but a smaller number may adjourn from day to
organizations registered under the party-list system represented
day and may compel the attendance of absent Members in
therein. The senior Justice in the Electoral Tribunal shall be its
such manner, and under such penalties, as such House may
Chairman.
provide.
ELECTORAL TRIBUNAL is the sole judge of all contests relating to the
3) Each House may determine the rules of its proceedings, election, returns, and qualifications of their respective members.
punish its Members for disorderly behavior, and, with the
concurrence of two-thirds of all its Members, suspend or
Membership (9 members)
expel a Member. A penalty of suspension, when imposed,
shall not exceed sixty days. a. Three justices of the Supreme Court designated by the Chief
Justice; Senior Justice is the Chairman
b. Six member of the HOR/Senate as the case maybe, chosen on
4) Each House shall keep a Journal of its proceedings, and
the basis of proportional representation from the political parties
from time to time publish the same, excepting such parts as
may, in its judgment, affect national security; and the yeas
and nays on any question shall, at the request of one-fifth The politician members of the Electoral Tribunal may not be forcibly
of the Members present, be entered in the Journal. Each removed by their House, ratio:
House shall also keep a Record of its proceedings. a. Impairs the independence of the Electoral Tribunal
b. Violates the security of tenure of the Member
5) Neither House during the sessions of the Congress shall,
without the consent of the other, adjourn for more than He may be replaced only upon expiration of term, death, permanent disability,
three days, nor to any other place than that in which the resignation from the political party he represents, formal affiliation with
two Houses shall be sitting. another political party or removal for other valid reason.
BILLS OF LOCAL APPLICATION pertain to purely local government GENERAL RULE: A bill has to undergo three reading in each House for
matters. separate days.
EXCEPTION 1: When the President certified the necessity of the
PRIVATE BILLS pertain to those that serve a private interest or concern immediate enactment of a bill to meet a public calamity or
like granting some form of recognition or honor to private individuals. emergency
EXCEPTION 2: When Congress convenes to call for a special
election to elect the President and Vice-President
GENERAL APPROPRIATIONS ACT, limitations
a. May not increase the appropriations recommended by the
BICAMERAL CONFERENCE COMMITTEE
President
- Composed of equal number of members from the Senate and HOR
b. No provision that does not relate specifically to particular
to made reccomendations to their respective chambers on how to
appropriations; no riders
reconcile the two versions if the bill
c. Same procedure od approval for Legislative budget
- Granted blanket authority to negotiate and reconcile the bill
d. Transfer of funds from one department to the other is not allowed;
- Conference Committee Report is submitted to plenary for
violates separation of powers
approval
e. Unused balance/surplus reverts back to general fund; may not be
spent unless reappropriated
ENGROSSMENT OR ENROLLMENT
f. Reenactment of previous GAA in case of failure to pass a GAA
- Enrolled bill bears the certification of the Senate President and
for ensuing year
House Speaker that the enrolled copy is the version passed by each
House
SPECIAL APPROPRIATIONS BILL is one that meets a new need or is
designed for a specific purposed; must specify purpose and supported by
APPROVAL BY THE PRESIDENT
funds actually available or to be raised by a revenue proposal
Ways a bill becomes a law with respect to presidential action
1. Upon approval of the President
In case of appropriations, revenue or tariff bills, the President may veto
2. Vetoed, but the veto is overridden by 2/3 vote of all members in
any particular item or items, without vetoing the other item or items to
both Houses
which he does not object.
3. Upon failure of the President to act on the bill within 30 days from
the day of receipt
He may disapprove an item without rejecting the entire budget.
With respect to each item, he may not approve one part and
VETO POWER OF THE PRESIDENT
disapprove the other part.
- No pocket veto. POCKET VETO is one by which the President
secures the disapproval of a bill of Congress by mere inaction after
DELEGATION OF TAX POWERS
the adjournment of Congress
GENERAL RULE: The power to tax is inherently legislative and non-
- No Selective Veto. Only applicable for appropriations, revenue or
delegable.
tariff bills.
Tariff powers to the President
Taxing powers to Local Legislatures
NO LEGISLATIVE VETO
Legislative veto exists when Congress purports to give power to an executive
Section 26.
agency or official, but keeps for itself the power to control or invalidate the
1. Every bill passed by the Congress shall embrace only one
subject which shall be expressed in the title thereof. ensuing executive action
Section 27.
2. No bill passed by either House shall become a law unless it 1. Every bill passed by the Congress shall, before it becomes a
has passed three readings on separate days, and printed law, be presented to the President. If he approves the same
copies thereof in its final form have been distributed to its he shall sign it; otherwise, he shall veto it and return the
Members three days before its passage, except when the same with his objections to the House where it originated,
President certifies to the necessity of its immediate which shall enter the objections at large in its Journal and
enactment to meet a public calamity or emergency. Upon proceed to reconsider it. If, after such reconsideration, two-
the last reading of a bill, no amendment thereto shall be thirds of all the Members of such House shall agree to pass
allowed, and the vote thereon shall be taken immediately the bill, it shall be sent, together with the objections, to the
thereafter, and the yeas and nays entered in the Journal. other House by which it shall likewise be reconsidered, and
if approved by two-thirds of all the Members of that House,
The title must fairly indicate the general subject and reasonably cover all the it shall become a law. In all such cases, the votes of each
provisions of the act so as not to mislead the legislature or the people. House shall be determined by yeas or nays, and the names
of the Members voting for or against shall be entered in its
Journal. The President shall communicate his veto of any
bill to the House where it originated within thirty days
after the date of receipt thereof, otherwise, it shall become system of initiative and referendum, and the exceptions therefrom,
a law as if he had signed it. whereby the people can directly propose and enact laws or approve or
reject any act or law or part thereof passed by the Congress or local
2. The President shall have the power to veto any particular legislative body after the registration of a petition therefor signed by
item or items in an appropriation, revenue, or tariff bill, at least ten per centum of the total number of registered voters, of
but the veto shall not affect the item or items to which he which every legislative district must be represented by at least three
does not object. per centum of the registered voters thereof.
The Congress shall promulgate its rules for the canvassing of the
No Vice-President shall serve for more than two successive terms.
certificates.
Voluntary renunciation of the office for any length of time shall not
be considered as an interruption in the continuity of the service for
the full term for which he was elected. The Supreme Court, sitting en banc, shall be the sole judge of all
contests relating to the election, returns, and qualifications of the
President or Vice-President, and may promulgate its rules for the
Unless otherwise provided by law, the regular election for President
purpose.
and Vice-President shall be held on the second Monday of May.
TERM OF OFFICE
a. The President and Vice President shall be elected by direct vote of
OATH OF OFFICE
the people for a term of 6 years.
Before they enter on the execution of their office, the President, Vice
President or the Acting President shall take oath or affirmation.
b. The President shall NOT be eligible for any re-election. No person
who succeeds as President and has served for more than 4 years
a. OATH. An outward pledge made under an immediate sense of
shall be qualified to reelection to the same office at any time.
responsibility to God; not a source of substantive power but is
merely intended to deepen the sense of responsibility of the
c. No Vice President shall serve for more than two (2) consecutive
President and ensure a mere conscientious discharge of his office
terms.
b. AFFIRMATION. A solemn declaration in place of an oath, if the
President, Vice President or Acting president does not believe in
ELECTION
God.
a. REGULAR – 2nd Monday of May, every 6 years
b. SPECIAL; Requisites
1987 CONSTITUTION, ARTICLE VII
1. Death, permanent disability, removal from officer, or SECTION 7. The President-elect and the Vice President-elect shall
resignation of both the President and Vice President; assume office at the beginning of their terms.
2. If he vacancies occur more than 18 months before the next
regular presidential election
If the President-elect fails to qualify, the Vice President-elect shall act
as President until the President-elect shall have qualified. declaration that no inability exists, he shall reassume the powers and
duties of his office. Meanwhile, should a majority of all the Members
If a President shall not have been chosen, the Vice President-elect of the Cabinet transmit within five days to the President of the Senate
shall act as President until a President shall have been chosen and and to the Speaker of the House of Representatives, their written
qualified. declaration that the President is unable to discharge the powers and
duties of his office, the Congress shall decide the issue. For that
purpose, the Congress shall convene, if it is not in session, within
If at the beginning of the term of the President, the President-elect forty-eight hours, in accordance with its rules and without need of
shall have died or shall have become permanently disabled, the Vice call.
President-elect shall become President.
Where no President and Vice-President shall have been chosen or
shall have qualified, or where both shall have died or become If the Congress, within ten days after receipt of the last written
permanently disabled, the President of the Senate or, in case of his declaration, or, if not in session, within twelve days after it is required
inability, the Speaker of the House of Representatives, shall act as to assemble, determines by a two-thirds vote of both Houses, voting
President until a President or a Vice-President shall have been chosen separately, that the President is unable to discharge the powers and
and qualified. duties of his office, the Vice-President shall act as President;
otherwise, the President shall continue exercising the powers and
duties of his office.
The Congress shall, by law, provide for the manner in which one who
is to act as President shall be selected until a President or a Vice-
President shall have qualified, in case of death, permanent disability, SECTION 12. In case of serious illness of the President, the public
or inability of the officials mentioned in the next preceding shall be informed of the state of his health. The members of the
paragraph. Cabinet in charge of national security and foreign relations and the
Chief of Staff of the Armed Forces of the Philippines, shall not be
denied access to the President during such illness.
SECTION 8. In case of death, permanent disability, removal from
office, or resignation of the President, the Vice-President shall become
the President to serve the unexpired term. In case of death,
permanent disability, removal from office, or resignation of both the SUCCESSION (VACANCY IN THE PRESIDENT)
President and Vice-President, the President of the Senate or, in case 1. VACANCY AT THE BEGINNING OF THE TERM
of his inability, the Speaker of the House of Representatives, shall a. In case of death or permanent disability of the President:
then act as President until the President or Vice-President shall have The Vice President elect shall become President
been elected and qualified. b. If the President-elect fails to qualify: Vice President-elect
shall act as President until a President shall have been chosen
The Congress shall, by law, provide who shall serve as President in and qualified
case of death, permanent disability, or resignation of the Acting c. If a President shall not have been chosen: The Vice
President. He shall serve until the President or the Vice-President President-elect shall act as President until a President shall
shall have been elected and qualified, and be subject to the same have been chosen and qualified
restrictions of powers and disqualifications as the Acting President.
d. Both President and Vice President were not chosen or
SECTION 9. Whenever there is a vacancy in the Office of the Vice- qualified, or both shall have died or become permanently
President during the term for which he was elected, the President disabled: Senate President or in case of disability, Speaker
shall nominate a Vice-President from among the Members of the of the House shall act as President until a President or Vice
Senate and the House of Representatives who shall assume office President shall have been chosen or qualified
upon confirmation by a majority vote of all the Members of both e. Inability of Senate President and House Speaker:
Houses of the Congress, voting separately. Congress shall, by law, provide for a manner in which one
who is to act as President shall be selected until a President
SECTION 10. The Congress shall, at ten o'clock in the morning of the or a Vice President shall have qualified
third day after the vacancy in the offices of the President and Vice-
President occurs, convene in accordance with its rules without need of 2. VACANCY DURING THE TERM
a call and within seven days, enact a law calling for a special election INSTANCES on Presidential Succession (where the President
to elect a President and a Vice-President to be held not earlier than is NOT merely Acting President)
forty-five days nor later than sixty days from the time of such call.
a. Death
The bill calling such special election shall be deemed certified under
b. Permanent Disability
paragraph 2, Section 26, Article V1 of this Constitution and shall
become law upon its approval on third reading by the Congress. c. Removal from Office
Appropriations for the special election shall be charged against any d. Resignation
current appropriations and shall be exempt from the requirements of
paragraph 4, Section 25, Article V1 of this Constitution. The The validity of Resignation is not governed by any formal
convening of the Congress cannot be suspended nor the special requirement as to form. It can be oral. It can be written. It can be
election postponed. No special election shall be called if the vacancy express. It can be implied. As long as the resignation is clear, it
occurs within eighteen months before the date of the next presidential must be given legal effect.
election.
ELEMENTS (Estrada v Desierto, GR 146710-15, (2001))
SECTION 11. Whenever the President transmits to the President of a. There must be intent to resign
the Senate and the Speaker of the House of Representatives his b. It must be coupled with acts if relinquishment
written declaration that he is unable to discharge the powers and
duties of his office, and until he transmits to them a written 3. TEMPORARY DISABILITY: The President takes a “leave of
declaration to the contrary, such powers and duties shall be absence” and the Vice President temporarily acts as President
discharged by the Vice-President as Acting President.
Whenever a majority of all the Members of the Cabinet transmit to May be established:
the President of the Senate and to the Speaker of the House of
a. By a written declaration made by the President himself as to
Representatives their written declaration that the President is unable
his inability
to discharge the powers and duties of his office, the Vice-President
shall immediately assume the powers and duties of the office as Acting b. By a written declaration by the Cabinet that the President is
President. unable to discharge the functions of his office
c. In the event of disagreement between the President and the
Cabinet, by a finding of Congress by 2/3 vote that the
Thereafter, when the President transmits to the President of the
President is disabled
Senate and to the Speaker of the House of Representatives his written
an ex-officio capacity, as provided by law and as
Check discussions in Legislative. required by the primary functions of he said official’s
office
4. SERIOUS ILLNESS OF THE PRESIDENT: Does not result to
vacancy because the Cabinet members in charge of national 1987 CONSTITUTION, ARTICLE VII
security and foreign relations can still access of the President. SECTION13. The President, Vice-President, the Members of the
Cabinet, and their deputies or assistants shall not, unless otherwise
The public shall be informed of the state of his health. provided in this Constitution, hold any other office or employment
during their tenure. They shall not, during said tenure, directly or
indirectly, practice any other profession, participate in any business,
VACANCY IN THE VICE PRESIDENT or be financially interested in any contract with, or in any franchise,
or special privilege granted by the Government or any subdivision,
1. There is NO ACTING VICE PRESIDENT because the VP has
agency, or instrumentality thereof, including government-owned or
no real functions under the Constitution
controlled corporations or their subsidiaries. They shall strictly avoid
2. If the VP assumes as President, there is vacancy in the VP conflict of interest in the conduct of their office.
position. The President nominates a member of Senate or HOR
as VP who shall assume office upon confirmation of all members
of both Houses, voting separately.
THE CABINET
1987 CONSTITUTION, ARTICLE VII
SECTION 6. The President shall have an official residence. The - It is not a constitutional body; mere creation of the President
salaries of the President and Vice-President shall be determined by although its existence is recognized by the Constitution
law and shall not be decreased during their tenure. No increase in - Being a creation of the President, the Cabinet acts under the
said compensation shall take effect until after the expiration of the direction and authority of the President in the latter’s exercise of
term of the incumbent during which such increase was approved. his constitutional power of control
They shall not receive during their tenure any other emolument from
the Government or any other source. Incompatible Office are public offices which cannot be held by one person at
the same time.
PRIVILEGES, INHIBITIONS, AND DISQUALIFICATIONS Forbidden Office. Even if a member of Congress is willing to forfeit his seat
1. Presidential Immunity therein, he may not be appointed to any civil office in the government that has
- Rationale for the immunity is to assure exercise of been created or the emoluments thereof have been increased while he was
presidential duties and functions free from any hindrance or incumbent in the legislature.
distraction considering that it is a job that requires the Chief
Executive’s time as well as undivided attention.
- While the President is immune from suit, she may not be POWERS AND FUNCTIONS
prevented from instituting it. However, such privilege may 1. Execution of Laws
be waived solely on the President’s prerogative. 2. Control of Executive Departments
- A non-seating President cannot enjoy immunity from suit for 3. Ordinance Power
criminal acts committed during incumbency. 4. General Supervision of Local Governments and Autonomous
- Acts of alter-ego is not the act of the President. Regions
- Presidential actions may be questioned maybe questioned 5. Power of Appointments
before the courts where there is grave abuse discretion 6. Removal Power
amounting to lack or excess in jurisdiction. 7. Pardoning Power
8. Power as Commander-in-Chief
2. Presidential Privilege a. Call-out the AFP to prevent or suppress lawless violence,
- Executive Privilege is properly invoked in relation to invasion or rebellion
specific categories of information and not to categories of b. Suspend the privilege of the writ of habeas corpus
persons. Only the President (and the Executive Secretary by c. Proclaim martial law over the entire Philippines or any
order of the President) can invoke the privilege. part thereof
- Requisites for Validity of Claim for Executive Privilege 9. Emergency Powers
1. Quintessential and non-delegable presidential power; the 10. Power to Contract and Guarantee Foreign Loans
power subject of legislative inquiry must be expressly 11. Power over Foreign Affairs
granted by the Constitution to the President a. Treaty Making Power
2. Operational Proximity Test. It must be authored, solicited, b. Deportation of Undesirable Aliens
and received by a close advisor of the President or the 12. Executive Privilege
President himself 13. Power over Legislation
3. No adequate need. The privilege may be overcome by a a. Address Congress
showing of adequate need, such that the information sought b. Prepare and Submit Budget
“likely contains important evidence” and by the c. Veto Power
unavailability of the information elsewhere by an appropriate d. Fixing of Tariff Rates
investigating authority 14. Immunity from Suit
2. CONTROL OF EXECUTIVE DEPARTMENTS The President shall have the power to make appointments during the
Each department is headed by a Secretary who shall assume the burden and recess of the Congress, whether voluntary or compulsory, but such
appointments shall be effective only until disapproved by the
responsibility of all the activities of the Government under his control and
Commission on Appointments or until the next adjournment of the
supervision.
Congress.
CONTROL is the power to substitute one’s own judgment for that of a
5. POWER TO APPOINT
subordinate for that of a subordinate
APPOINTMENT is the act of designation by the executive officer, board or
body to whom that power has been delegated, of the individual who is to
DOCTRINE OF QUALIFIED POLITICAL AGENCY. The different
exercise the functions of a given office
executive departments are mere adjunct of the President. The secretaries are
the designated alter egos of the President whom he has designated to assist
Appointment is intrinsically an executive prerogative upon which Congress
him in his otherwise physically impossible multifarious functions
may impose no limitations, except those resulting from the need of securing
The President may substitute his will over those of the Secretaries, and they
the concurrence of the Commission on Appointments
cannot complain. They hold their office subject to the discretion of the
President who can replace them anytime once he loses his confidence in them.
PRESIDENTIAL APPOINTMENTS SUBJECT TO CONFIRMATION
BY THE COMMISSION ON APPOINTMENTS
3. ORDINANCE POWERS
1. Head of Executive Departments
EO 292 or the Administrative Code of 1987 provides for the power of the
2. Ambassadors, other public ministers, and consuls
President to issue administrative acts and commands:
3. Officers of the AFP with the rank of colonel or naval captain
4. Other officers whose appointments are vested in the President
a. Executive Orders which are acts of the President providing for
under the Constitutions
rules of a general or permanent character in implementation or
a. Chairman and Members of Constitutional Commissions
execution of constitutional or statutory powers
b. Regular Members of the JBC
b. Administrative Orders relate to particular aspects of government
operations in pursuance of his duties as administrative head
REGULAR APPOINTMENT is made while Congress is in
c. Proclamations fix a date or declare a status or condition of public
Session, and is not complete unless confirmed by the Commission
moment or interest, upon the existence of which the operation of a
on Appointments. Confirmation is needed before the appointee
specific law or regulation is made to depend
can take his post.
d. Memorandum Orders concern matters of administrative detail or
of subordinate or temporary interest which only concern a
AD-INTERIM APPOINTMENT (aka RECESS
particular officer or office of the Government
APPOINTMENT) is made during the recess of Congress. The
e. Memorandum Circulars relate to internal administration which
appointee can take his post right away, it is complete and
the President desires to bring to the attention of all or some
permanent appointment that lasts until it is disapproved by the
departments, agencies, bureaus or offices of the Government, for
Commission on Appointments, or until the next adjournment of
information and compliance
Congress, unless in the meantime the Commission confirms it.
f. General or Special Orders are acts and commands of the
President in his capacity as Commander-in-Chief of the AFP
THE APPOINTING PROCESS
1. Nomination. Sole and voluntary act of the President; no one
1987 CONSTITUTION, ARTICLE X can compel the President to make an appointment or appoint
a particular person
SECTION 4. The President of the Philippines shall exercise general
supervision over local governments. 2. Confirmation. Nomination is submitted to and approved by
the Commission on Appointments. Commission on
SECTION 16. The President shall exercise general supervision over Appointments meets only while Congress is in session. It
autonomous regions to ensure that laws are faithfully executed. may confirm, reject, or bypass a nomination.
4. GENERAL SUPERVISION OF LOCAL GOVERNMENTS AND 3. Commission. The issuance of the commission is done by the
AUTONOMOUS REGIONS President alone. Serves as a conclusive evidence of the
appointment.
GENERAL SUPERVISION means the overseeing of subordinates to make 4. Acceptance. It is necessary that the appointment be
sure that they do their duties under the law. accepted. Made by taking steps required by law to qualify for
Does not include the power to overrule their acts, if these acts are an office, e g., taking an oath of office, entering upon the
within their discretion exercise of the duties of the office
Supervisory only, not control: There can be no real autonomy while the PRESIDENTIAL APPOINTMENTS REQUIRING NOMINATION BY
national government controls the local governments THE JUDICIAL AND BAR COUNCIL
1. Members of the Supreme Court and all judges of all lower courts
2. Ombudsman and his five deputies (Luzon, Visayas, Mindanao,
1987 CONSTITUTION, ARTICLE VII Over-all, and Military)
conviction by final judgment.
President appoints from a list of at least three nominees prepared
by the JBC for every vacancy. No confirmation required. He shall also have the power to grant amnesty with the concurrence
of a majority of all the Members of the Congress.
Period to fill-up/appoint:
a. Supreme Court: 90 days from the date of vacancy
7. PARDONING POWER
b. Lower Courts: 90 days from the date of receipt of nominees
c. Ombudsman and deputies: within three months after they
PARDON is an act of grace, proceeding from the power intrusted with the
occur
execution of the laws which exempts the individual on whom it is bestowed
from the punishment the law inflicts for a crime he has committed; It is a
PRESIDENTIAL APPOINTMENTS MADE BY THE PRESIDENT
remission of guilt, a forgiveness of the offense
ALONE
1. Those vested by the Constitution on the President alone; e.g., the
Can be granted at any time after the conviction, even before service. The
appointment of the VP to the Cabinet
sentence and its effects including the accessory penalties are abolished upon
2. Those whose appointments are not otherwise provided by law
the grant of pardon.
3. Those whom he may be authorized by law to appoint
4. Those other officers lower in rank whose appointment is vested by
a. ABSOLUTE PARDON wipes out all penalties imposed upon the
law in the President
offender including all accessory disabilities. This may not be
rejected by the pardonee.
LIMITATIONS ON THE APPOINTING POWER OF THE
PRESIDENT
b. CONDITIONAL PARDON imposes upon the convict faithful
1. NEPOTISM. The President may not appoint the spouse and
compliance with certain requirements. The convicted person may
relatives by consanguinity or affinity within the fourth civil
reject this if he feels that the conditions imposed are more
degree during his tenure as:
burdensome to him.
a. members of Constitutional Commissions,
b. members of Office of the Ombudsman, or
Violation of the conditions would bring back the offender to the
c. as Secretaries, Undersecretaries, Chairmen or heads of
exact situation he was in before the pardon. Mere commission (not
bureaus, including GOCC and their subsidiaries
necessarily conviction) of any other crime is enough to constitute
violation of the conditions.
2. MIDNIGHT APPOINTMENTS. Within two months
immediately before the next Presidential Election up to the end of
COMMUTATION is the substitution of a less for a greater punishments, by
his term, President shall not make appointments
authority of law, and may be imposed on the convict without his acceptance
EXCEPTION: except temporary appointments to
and against his consent
executive positions when continued vacancies therein
will prejudice public service or endanger public safety
REPRIEVE or RESPITE is the withholding of a sentence for an interval of
time, a postponement of execution
LIMITATIONS ON THE APPOINTING POWER OF ACTING
(Note: The SC can also suspend the execution of their judgments, a valid
PRESIDENT
exercise of judicial power)
1. REVOKED BY PRESIDENT. Appointments extended by an
Acting President shall remain effective unless revoked by the
AMNESTY is a sovereign act granting oblivion or general pardon for past
elected President within 90 days from his assumption of re-
acts, granted by a government generally to a class of persons who are subject
assumption of office
to trial and have not been convicted, usually for political offenses
2. MIDNIGHT APPOINTMENTS.
PROBATION involves a disposition under which a defendant, after
conviction and before serving sentence, is released subject to conditions
6. REMOVAL POWER imposed by the court and to the supervision of a probation officer
Possessed by the President by virtue of the following:
a. His power to appoint The restoration of the probationer to his civil rights takes place only after his
b. Constitutional provision vesting the executive power to the final discharge after the period of his probation.
President
c. His function to take care that the laws be faithfully executed PAROLE is the suspension of a sentence of a convict granted by the Board
d. His control over the administrative of Pardons and Parole after serving the minimum term of the intermediate
sentence penalty, without granting a pardon, prescribing the terms upon
Not all officials appointed by the President may be removed by him. which the sentence shall be suspended and convict temporarily released
a. members of the Supreme Court, Ombudsman and deputies,
Members of Constitutional Commission have fixed tenure and The power to grant pardon (subject to conditions and restrictions)
removable only by impeachment includes the power to revoke it.
b. judges of inferior courts are subject to the disciplinary authority of
the Supreme Court LIMITATIONS
1. A person removed from office by way of impeachment cannot be
When the power of removal is lodged in the President, the same may be granted pardon
exercised only for cause provided by law and in accordance with the EXCEPTION: After the officer impeached is
prescribed administrative procedure subjected to prosecution and convicted for an ordinary
EXCEPTION: members of the Cabinet and other executive criminal action, he can still be given a pardon for that
officials whose term of office is determined at the pleasure of the conviction
President
2. No pardon, amnesty, parole, or suspension of sentence for
violation of election laws, rules, and regulations shall be granted
1987 CONSTITUTION, ARTICLE VII
by the President without the favorable recommendation of
COMELEC
SECTION 19. Except in cases of impeachment, or as otherwise 3. The President shall have the power to grant amnesty with the
provided in this Constitution, the President may grant reprieves,
concurrence of a majority of the members of Congress
commutations, and pardons, and remit fines and forfeitures, after
4. Pardoning power can only be exercised after conviction by final
judgment. SUSPEND THE PRIVILEGE OF THE WRIT OF HABEAS CORPUS
5. A person convicted by legislative contempt cannot be granted - WRIT OF HABEAS CORPUS is an order from the court
pardon. (Violation of separation of powers) directed to a person detaining another commanding him to
Person convicted under the RPC for disturbing produce the body of the detained person in his custody at the
parliamentary proceedings may be pardoned by the designated date, time and place, and to explain the cause of
President. detention
6. The civil liability of the convicted person may not be the subject - Only the privilege, not the writ is suspended, so when the court
of pardon or remission. These pertain to the private offended receives an application for the writ in proper form, it will issue the
parties and not to the state. writ as a matter of course. If it finds the that the cause of
7. Pardon does not work to restore offices forfeited. apprehension or detention are included in the suspension, the
8. Pardon may be given in administrative cases. proceedings will be suspended
9. President may pardon criminal contempt. - REQUISITES FOR VALID EXERCISE
Criminal Contempt is a conduct that is directed against the 1. There must be invasion or rebellion, and
authority and dignity of a court or of a judge acting judicially, as 2. The public safety requires the suspension
in unlawfully assailing or discrediting the authority and dignity of - EFFECTS OF THE SUSPENSION OF THE PRIVILEGE
the court or judge, or in doing a duly forbidden act Applies only to persons “judicially charged” for
10. President cannot pardon civil contempt. rebellion or offenses inherent in or directly connected
11. Pardoning power is not subject to judicial review. to invasion or rebellion
12. Pardoning power is not subject to legislative control. Person detained without being charged should be
charged within 3 days
GENERAL RULE: No person can be arrested without
1987 CONSTITUTION ARTICLE VII a warrant of arrest issued by a court of law
EXCEPTION: 1) if arrest was made in
SECTION 18. The President shall be the Commander-in-Chief of all connection with a crime committed in the
armed forces of the Philippines and whenever it becomes necessary, presence of the detaining officer, 2) if the
he may call out such armed forces to prevent or suppress lawless privilege of the writ of habeas corpus were
violence, invasion or rebellion. In case of invasion or rebellion, when suspended
the public safety requires it, he may, for a period not exceeding sixty Suspension of the Writ extends the period by which a
days, suspend the privilege of the writ of habeas corpus or place the public officer may detain a person without warrant
Philippines or any part thereof under martial law. Within forty-eight from 12, 18, or 36 (depending on the offense) to 72
hours from the proclamation of martial law or the suspension of the
hours
privilege of the writ of habeas corpus, the President shall submit a
report in person or in writing to the Congress. The Congress, voting If the person is not judicially charged or released after
jointly, by a vote of at least a majority of all its Members in regular or 72 hours, the officer may become liable under Art 125
special session, may revoke such proclamation or suspension, which RPC for delay of delivery of detained persons
revocation shall not be set aside by the President. Upon the initiative The right to bail is not suspended
of the President, the Congress may, in the same manner, extend such
proclamation or suspension for a period to be determined by the PROCLAIM MARTIAL LAW
Congress, if the invasion or rebellion shall persist and public safety - No new powers are given to the President and no civil rights are
requires it. suspended
- REQUISITES
The Congress, if not in session, shall, within twenty-four hours 1. There must be invasion or rebellion, and
following such proclamation or suspension, convene in accordance 2. Public safety requires the proclamation of martial law all
with its rules without need of a call. over the Philippines or any part thereof
- Declaration of STATE OF REBELLION is an utter superfluity
The Supreme Court may review, in an appropriate proceeding filed devoid of any legal significance which, at most, only gives notice
by any citizen, the sufficiency of the factual basis of the proclamation to the naton that such a state exists and that the ADP may be called
of martial law or the suspension of the privilege of the writ or the to prevent or suppress it
extension thereof, and must promulgate its decision thereon within - EFFECTS OF PROCLAMATION OF MARIAL LAW
thirty days from its filing. The operation of the Constitution, functioning of civil
courts and legislative assemblies cannot be suspended
A state of martial law does not suspend the operation of the Cannot shut down civil institutions
Constitution, nor supplant the functioning of the civil courts or Military courts cannot try cases against civilians where
legislative assemblies, nor authorize the conferment of jurisdiction on civil courts are open and functioning
military courts and agencies over civilians where civil courts are able
Proclamation of Martial Law does not automatically
to function, nor automatically suspend the privilege of the writ.
suspend the privilege of the Writ of Habeas Corpus
President may both proclaim martial law and suspend
The suspension of the privilege of the writ shall apply only to persons
the privilege but he must do them expressly and
judicially charged for rebellion or offenses inherent in or directly
separately
connected with invasion.
ROLE OF CONGRESS
During the suspension of the privilege of the writ, any person thus a. When the President proclaims martial law or suspends the
arrested or detained shall be judicially charged within three days,
privilege of the writ, such proclamation or suspension shall be
otherwise he shall be released.
valid for 60 days unless sooner revoked by Congress.
CALL-OUT THE ARMED FORCES TO PREVENT OR SUPPRESS, c. Within 48 hours, the President shall submit a report in person or in
LAWLESS VIOLENCE, INVASION OR REBELLION writing on the action he has taken.
- Factual basis may not be reviewed by the Judiciary
- Judicial review applies only if the power was exercised due to d. Congress shall vote jointly by absolute majority to either
grave abuse of discretion 1. Revoke such proclamation or suspension
2. Extend it beyond the 60-day period, based upon the effective unless concurred in by at least two-thirds of all the Members
request/initiative of the President of the Senate.
SECTION 23 (2) In times of war or other national emergency, the TREATIES are normal documents involving political issues
Congress may, by law, authorize the President, for a limited period or questions of national policy which are of a more
and subject to such restrictions as it may prescribe, to exercise powers permanent character which require the ratification or
necessary and proper to carry out a declared national policy. Unless approval of Senate
sooner withdrawn by resolution of the Congress, such powers shall
cease upon the next adjournment thereof.
Concurrence of 2/3 of Senate is required so that a treaty
entered into by the President becomes binding.
9. EMERGENCY POWERS
EXCEPTION: Executive Agreements do not
Includes grant of power to issue rules and regulations to carry-out a declared
require concurrence of Senate.
national policy for a limited period of time.
b. Deportation of Undesirable Aliens
The power ceases either
The President is the sole judge of the facts and circumstances
a. Upon the next adjournment of Congress
which require the deportation of aliens and cannot be
b. If Congress, by Resolution, withdraws such power
required to show reasonable grounds for his belief to a court
of justice.
To grant the powers, Congress needs to pass a law. To withdraw it, only a
resolution is required.
Preventive not penal in nature.
CONDITIONS FOR A VALID EXERCISE
12. EXECUTIVE PRIVILEGE
1. There must be a war or other national emergency
It is the right of the President and high-level executive branch officers to
2. Congress, by law, grants emergency powers for a limited period of
withhold information from Congress, the courts, and ultimately the public.
time. Ceases upon withdrawal or adjournment of Congress
See notes above
3. Subject to restrictions as Congress may prescribe
4. For the purpose of carrying out a declared national policy
13. POWER OVER LEGISLATION
a. Address Congress
1987 CONSTITUTION
1987 CONSTITUTION ARTICLE VII
Section 24. All appropriation, revenue or tariff bills, bills authorizing BUDGET is the plan indicating the expenditures of government,
increase of the public debt, bills of local application, and private bills, sources of financing, and receipts for revenue-raising measures. It
shall originate exclusively in the House of Representatives, but the
sets the upper limit of the appropriations bill to be passed by
Senate may propose or concur with amendments.
Congress.
QUALIFICATION a. Natural born citizens a. Natural born citizens a. Natural born citizens
b. At least 34 years at the time of the b. At least 34 years at the time of the b. At least 34 years at the time of the
appointment appointment appointment
c. Not candidates for any elective c. Not candidates for any elective c. Not candidates for any elective
position in the election immediately position in the election immediately position in the election immediately
preceding appointment preceding appointment preceding appointment
d. With proven capacity for public d. Holders of college degrees d. Certified Public Accountant with at
administration least 10 years of auditing experience
or a lawyer who practiced law for at
least 10 years
Majority, including the Chairman, must be At no time shall all Members of the
members of the Philippine Bar and Commission belong to the same
practiced law for at least 10 years profession
TERM Seven years without reappointment Seven years without reappointment Seven years without reappointment
APPOINTMENT Appointed by the President and needs the Appointed by the President and needs the Appointed by the President and needs the
confirmation of the Committee on confirmation of the Committee on confirmation of the Committee on
Appointments Appointments Appointments
Appointment to any vacancy shall be only Appointment to any vacancy shall be only Appointment to any vacancy shall be only
for the unexpired portion of the term of for the unexpired portion of the term of the for the unexpired portion of the term of
the predecessor predecessor the predecessor
DISQUALIFICATI Same as President and VP and members Same as President and VP and members of Same as President and VP and members
ON of Congress Congress of Congress
Hold any other office or employment Hold any other office or employment Hold any other office or employment
Engage in the practice of any profession Engage in the practice of any profession Engage in the practice of any profession
Enaage in the active management or Enaage in the active management or control Enaage in the active management or
control of any business which in any way of any business which in any way may be control of any business which in any way
may be affected by functions of his office affected by functions of his office may be affected by functions of his office
FISCAL Enjoy fiscal autonomy, subject to past- Enjoy fiscal autonomy, subject to past-audit Enjoy fiscal autonomy, subject to past-
AUTONOMY audit by COA; Approved annual by COA; Approved annual appropriations audit by COA; Approved annual
appropriations shall be automatically and shall be automatically and regularly appropriations shall be automatically and
regularly released released regularly released
RULE MAKING En banc may promulgate its own En banc may promulgate its own En banc may promulgate its own
procedural rules, provided they do not procedural rules, provided they do not procedural rules, provided they do not
diminish, increase or modify substantive diminish, increase or modify substantive diminish, increase or modify substantive
rights rights rights
Subject to the disapproval of the Supreme Subject to the disapproval of the Supreme Subject to the disapproval of the Supreme
Court Court Court
DECISIONS Decide by majority vote of all members Decide by majority vote of all members Decide by majority vote of all members
within 60 days from the date of its within 60 days from the date of its within 60 days from the date of its
submission submission submission
APPEALS Petition for review on certiorari to the Petition for review on certiorari to the Petition for review on certiorari to the
Supreme Court within 30 days from Supreme Court within 30 days from receipt Supreme Court within 30 days from
receipt receipt
CSC has the power to hear and decide administrative cases instituted Termination can be justified on the ground of loss of
before it directly or on appeal including contested appointments. (Admin confidence because their cessation from office involves no
Code) removal but merely the expiration of the term of office.
The power of CSC includes the authority to recall an appointment initially 3. HIGHLY TECHNICAL. When the office requires the
approved in disregard of applicable provisions in the Civil Service rules and possession of highly technical skill or training in the supreme
regulations. or superior degree, a skill that is not ordinarily possessed by
a common man
SECURITY OF TENURE. No officer or employee of the civil service
shall be removed or suspended, except for cases provided by law. Loss of confidence is not ground for dismissing a person in
such highly technical position
1987 CONSTITUTION
CAREER SERVICE LEVELS
1. FIRST LEVEL shall include clerical, trades, crafts, and custodial
ARTICLE IX (B) SECTION 2.
service positions which involve non-professional or sub-
1. The civil service embraces all branches, subdivisions,
instrumentalities, and agencies of the Government, professional work requiring less than four years of collegiate
including government-owned or controlled corporations studies
with original charters. 2. SECOND LEVEL shall include professional, technical, and
scientific positions which involve professional, technical or
scientific work requiring at least four years of college work up to
ARTICLE XII SECTION 16. The Congress shall not, except by
general law, provide for the formation, organization, or regulation of Division Chief level; and
private corporations. Government-owned or controlled corporations 3. THIRD LEVEL shall cover positions in the CAREER
may be created or established by special charters in the interest of the EXECUTIVE SERVICE
common good and subject to the test of economic viability. a. QUALIFICATIONS
1. Pass the CES Examination
2. Be conferred CES Eligibility
Civil Service covers all branches, instrumentalities, subdivisions and 3. Comply with other requirements prescribed by the CES
agencies of government including GOCCs created under a special Board
charter. 4. Be appointed to a CES rank by the President
EXCLUDED: GOCCs created under the Corporation Code. b. WON position belongs to CES
1. Position belongs to the Career Service
RULES ON GOCCs 2. Position is higher than Division Chief
3. Position entails performance of executive or
GOCCs with Original Charter GOCCs created under
Corporation Code managerial functions
Employees covered by Civil Employees covered by Labor Code
Service Law NON-CAREER SERVICE is characterized by entrance other than usual
tests and their tenure is limited by law or coterminous to the appointing
Employees CANNOT go on strike Employees can go on strike authority or subject to his pleasure
1. Elective officials and their personal or confidential staff
2. Secretaries and other officials and Cabinet rank who hold their
Ombudsman has jurisdiction over Ombudsman has jurisdiction over positions at the pleasure of the President and their personal or
offenses committed by officers and offenses committed by officers and confidential staffs
employees employees 3. Chairman and members of commissions and boards with fixed
terms of office and their personal or confidential staff
Ombudsman may order to perform May NOT be ordered by 4. Contractual personnel
and expedite an act or duty Ombudsman 5. Emergency and seasonal personnel
required by law or to stop, prevent
and correct any abuse or CONDITIONS OF EMPLOYMENT IN THE CIVIL SERVICE
1. Oath of Allegiance to the Constitution
2. Merit System EXCEPTION TO EXCEPTION: It shall be unlawful for them
to solicit contributions from their subordinates or subject them to
On Oath of Allegiance any of the acts involving subordinates prohibited in the Election
1987 CONSTITUTION Code.
SECTION 8. The State shall, from time to time, review to increase the
PROHIBITION AND LIMITATIONS pensions and other benefits due to retirees of both the government
1. No candidates who lost in any election within one year after such and the private sectors.
election be appointed to any office in the Governments
2. No elective official shall be eligible for appointment or
designation to any public office or position during his tenure
3. No appointive official shall hold any other office or employment
in the government
EXCEPTION: Unless otherwise allowed by law or the
primary functions of his position
4. Congress shall provide for the standardization of compensation of
government officials and employees
SECTION 2.
1. The Commission on Audit shall have the power, authority,
and duty to examine, audit, and settle all accounts
pertaining to the revenue and receipts of, and expenditures
or uses of funds and property, owned or held in trust by, or
pertaining to, the Government, or any of its subdivisions,
agencies, or instrumentalities, including government-
owned or controlled corporations with original charters,
and on a post- audit basis:
- 5 Divisions, 3 Members each - The Ombudsman and his Deputies shall not be qualified to run for
any office in the election immediately succeeding their cessation
- Office of the Ombudsman through its Special Prosecutor shall from office
represent the People of the Philippines
- APPOINTMENT. Appointed by the President from a list of at
- Decisions and final orders are appealable to the Supreme Court by least 6 nominees prepared by the JBC, and from a list of 3
petition for review on certiorari raising pure questions of law nominees for every vacancy thereafter; vacancies shall be filled
(Rule 45) within 3 months after they occur
- JURISDICTION. The Sandiganbayan shall exercise exclusive - TERM. 7 years without reappointment
original jurisdiction in all cases involving:
a. Violations of Republic Act No. 3019, as amended, otherwise - REMOVAL. The Ombudsman may be removed from office on
known as the Anti-graft and Corrupt Practices Act, Republic impeachment. His deputies may be removed by ____________ but
Act No. 1379, and Chapter II, Section 2, Title VII, Book II on the same grounds as that of impeachment
of the Revised Penal Code, where one or more of the accused
are officials occupying positions in the government whether - JURISDICTION
in a permanent, acting or interim capacity, at the time of the 1987 CONSTITUTION ARTICLE XI
commission of the offense
SECTION 12. The Ombudsman and his Deputies, as protectors of the
b. Other offenses orfelonies whether simple or complexed with people, shall act promptly on complaints filed in any form or manner
other crimes committed by the public officials and against public officials or employees of the Government, or any
employees mentioned in subsection a of this section in subdivision, agency or instrumentality thereof, including government-
relation to their office. owned or controlled corporations, and shall, in appropriate cases,
notify the complainants of the action taken and the result thereof.
c. Civil and criminal cases filed pursuant to and in connection
with Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986.
In cases where none of the accused are occupying positions - POWERS AND FUNCTIONS
corresponding to salary grade '27' or higher, exclusive original 1987 CONSTITUTION ARTICLE XI
jurisdiction thereof shall be vested in the proper trial court.
SECTION 13. The Office of the Ombudsman shall have the following
The Sandiganbayan shall exercise exclusive appellate jurisdiction powers, functions, and duties:
over final judgments, resolutions or orders or regional trial courts
whether in the exercise of their own original jurisdiction or of their 1. Investigate on its own, or on complaint by any person, any
appellate jurisdiction as herein provided. act or omission of any public official, employee, office or
agency, when such act or omission appears to be illegal,
The Sandiganbayan shall have exclusive original jurisdiction over unjust, improper, or inefficient.
petitions for the issuance of the writs of mandamus, prohibition,
certiorari, habeas corpus, injunctions, and other ancillary writs and 2. Direct, upon complaint or at its own instance, any public
processes in aid of its appellate jurisdiction and over petitions of official or employee of the Government, or any subdivision,
similar nature, including quo warranto, arising or that may arise in agency or instrumentality thereof, as well as of any
cases filed or which may be filed under Executive Order Nos. government-owned or controlled corporation with original
charter, to perform and expedite any act or duty required
by law, or to stop, prevent, and correct any abuse or
impropriety in the performance of duties.
- FUNCTIONS
1. provide policy direction in the areas of money, banking, and
credit.
2. have supervision over the operations of banks
3. exercise such regulatory powers as may be provided by law
over the operations of finance companies and other
institutions performing similar functions.
4. Pass regulations concerning the incurring of foreign loans
5. Concur with the President, through the Monetary Board, on
all foreign loans subject to such limitations as may be
provided by law
6. within thirty days from the end of every quarter of the
calendar year, submit to the Congress a complete report of its
decision on applications for loans to be contracted or
guaranteed by the Government or government-owned and
controlled corporations which would have the effect of
increasing the foreign debt, and containing other matters as
may be provided by law.
- FUNCTIONS
1. after consultations with the appropriate public agencies,
various private sectors, and local government units,
NATIONAL COMMISSIONS 7. Monitor the Philippine Government's compliance with
international treaty obligations on human rights;
COMMISSION ON HUMAN RIGHTS
1987 CONSTITUTION ARTICLE XIIi 8. Grant immunity from prosecution to any person whose
testimony or whose possession of documents or other
SECTION 17. evidence is necessary or convenient to determine the truth in
1. There is hereby created an independent office called the any investigation conducted by it or under its authority;
Commission on Human Rights.
9. Request the assistance of any department, bureau, office, or
2. The Commission shall be composed of a Chairman and agency in the performance of its functions;
four Members who must be natural-born citizens of the
Philippines and a majority of whom shall be members of 10. Appoint its officers and employees in accordance with law;
the Bar. The term of office and other qualifications and and
disabilities of the Members of the Commission shall be
provided by law. 11. Perform such other duties and functions as may be provided
by law.
3. Until this Commission is constituted, the existing
Presidential Committee on Human Rights shall continue to
exercise its present functions and powers. NATIONAL LANGUAGE COMMISSION
1987 CONSTITUTION ARTICLE XIV
4. The approved annual appropriations of the Commission
shall be automatically and regularly released. SECTION 9. The Congress shall establish a national language
commission composed of representatives of various regions and
disciplines which shall undertake, coordinate, and promote researches
for the development, propagation, and preservation of Filipino and
other languages.
- COMPOSITION
1. Chairman
2. 4 Members
1. Investigate, on its own or on complaint by any party, all COMMISSION ON INDIGENOUS CULTURAL COMMUNITIES
forms of human rights violations involving civil and political 1987 CONSTITUTION ARTICLE XVI
rights;
SECTION 12. The Congress may create a consultative body to advise
2. Adopt its operational guidelines and rules of procedure, and the President on policies affecting indigenous cultural communities,
cite for contempt for violations thereof in accordance with the majority of the members of which shall come from such
the Rules of Court; communities.
SOVEREIGN POWER. The people are the possessors of sovereign power SECTION 3. Civilian authority is, at all times, supreme over the
and the source of all government authority, military. The Armed Forces of the Philippines is the protector of the
people and the State. Its goal is to secure the sovereignty of the State
People’s DIRECT exercise of sovereign power: and the integrity of the national territory.
1. When they elect officials to whom they delegate the right of
government
2. Participating in plebiscites
SUPREMACY OF CIVILIAN AUTHORITY
3. Initiative and referendum
Mechanisms to Civilian Supremacy over Military
People’s INDIRECT exercise of sovereign power: through the medium of
1. Installation of the President who is the highest civilian authority as
the duly elected and appointed public officials
the Commander-in-Chief of the Military
2. AFP members are required to swear to uphold and defend the
RULE OF MAJORITY
Constitution, which is the fundamental law of the civil government
1. Absolute majority = 50% + 1
3. AFP is required to have respect for people’s rights in the
2. Qualified majority = provided by constitution or law (e.g. 2/3 vote
performance of their duty
of senate to concur treaty)
4. Professionalism in the AFP
3. Plurality = highest number of votes (e.g. elections)
5. Insulation of the AFP from partisan politics sectarian institution, or system of religion, or of any priest, preacher,
6. Prohibition against the appointment of an AFP member in active minister, other religious teacher, or dignitary as such, except when
service to a civilian position such priest, preacher, minister, or dignitary is assigned to the armed
7. Compulsory retirement of officers without extension of service forces, or to any penal institution, or government orphanage or
8. Requirement of proportional recruitment from all provinces and leprosarium.
cities, so as to avoid any regional cliques from forming within
AFP ARTICLE XIV SECTION 3 (3). At the option expressed in writing by
9. A 3-year limitation on the tour of duty of the Chief of Staff; the parents or guardians, religion shall be allowed to be taught to
Extendible by the President in case of emergency but depends on their children or wards in public elementary and high schools within
Congressional declaration of emergency the regular class hours by instructors designated or approved by the
10. Establishment of a police force that is not only civilian in religious authorities of the religion to which the children or wards
character but also under the local executives belong, without additional cost to the Government
1987 CONSTITUTION ARTICLE XIV SECTION 4(2). Educational institutions, other than
those established by religious groups and mission boards, shall be
owned solely by citizens of the Philippines or corporations or
ARTICLE II associations at least sixty per centum of the capital of which is owned
SECTION 4. The prime duty of the Government is to serve and by such citizens. The Congress may, however, require increased
protect the people. The Government may call upon the people to Filipino equity participation in all educational institutions. The
defend the State and, in the fulfillment thereof, all citizens may be control and administration of educational institutions shall be vested
required, under conditions provided by law, to render personal, in citizens of the Philippines.
military or civil service.
3.
THIRD: “Has the state in achieving its legitimate purposes
used the least intrusive means possible so that the free exercise
is not infringed any more than necessary to achieve the
legitimate goal of the state?"
- The analysis requires the state to show that the means
in which it is achieving its legitimate state objective is
the least intrusive means
GENERAL RULE: Separation of State and Church
EXCEPTIONS
1. Exemption of religious institutions from taxation
2. When priests or chaplains assigned to the Armed Forces, or to any
penal institution or government orphanage or leprosarium
3. Optional religious instruction during regular class hour in public
elementary and high schools with the written request of parents;
no cost to government
4. Exemption of sectarian schools from 60% Filipino ownership
EDUCATIONAL INSTITUTIONS
1. Educational institutions shall be at least 60% Filipino owned;
Congress may increase Filipino equity
EXCEPTION: other than those established by
religious groups and mission boards
ARTICLE II SECTION 8. The Philippines, consistent with the WELFARE STATE CONCEPT. The government shall actively involve
national interest, adopts and pursues a policy of freedom from itself in providing for measures that will ensure the greatest good for the
nuclear weapons in its territory. greatest number. State is responsible in coping with the social and economic
problems by exercising the powers necessary to promote general welfare. The
ARTICLE XVII. Section 25. After the expiration in 1991 of the classical laissez faire concept of a state has been replaced concept of welfare
Agreement between the Republic of the Philippines and the United state.
States of America concerning military bases, foreign military bases,
troops, or facilities shall not be allowed in the Philippines except The owner has the obligation to use his property not only to benefit
under a treaty duly concurred in by the Senate and, when the himself but society as well.
Congress so requires, ratified by a majority of the votes cast by the
people in a national referendum held for that purpose, and recognized 1987 CONSTITUTION ARTICLE II
as a treaty by the other contracting State.
SECTION 26. The State shall guarantee equal access to opportunities
for public service and prohibit political dynasties as may be defined
INDEPENDENT FOREIGN POLICY & by law.
A NUCLEAR-FREE PHILIPPINES
The issue of whether or not to allow nuclear weapons depends on Congress. B. EQUALITY IN OPPORTUNITIES FOR PUBLIC SERVICE
(consistent with national interest) - Property qualifications are inconsistent with the nature and
essence of the Republican system ordained in our constitution and
All foreign military bases had been eradicated in 1991. The Constitution, the principle of social justice
however, allows their establishment. - no person shall be denied the chance to be elected to public office
1. Treaty duly concurred by Senate by reason of poverty
2. When Congress so requires, ratified by a majority of votes cast by - to run for and hold public office is merely a privilege subject to
the people in a national referendum limitations imposed by law; equal access clause neither bestows
3. Recognized by treaty by other contracting State such a right nor elevates the privilege to the level of an
enforceable right
1987 CONSTITUTION
ARTICLE II SECTION 9. The State shall promote a just and 1987 CONSTITUTION
dynamic social order that will ensure the prosperity and
independence of the nation and free the people from poverty through ARTICLE II SECTION 11. The State values the dignity of every
policies that provide adequate social services, promote full human person and guarantees full respect for human rights.
employment, a rising standard of living, and an improved quality of
life for all.
ARTICLE XVI SECTION 5 (2). The State shall strengthen the
patriotic spirit and nationalist consciousness of the military, and
respect for people's rights in the performance of their duty.
A JUST AND DYNAMIC SOCIAL ORDER
ARTICLE XIII.
1987 CONSTITUTION
SECTION 17.
1. There is hereby created an independent office called the
ARTICLE II SECTION 10. The State shall promote social justice in Commission on Human Rights.
all phases of national development.
2. The Commission shall be composed of a Chairman and
ARTICLE XIII four Members who must be natural-born citizens of the
SECTION 1. The Congress shall give highest priority to the Philippines and a majority of whom shall be members of
enactment of measures that protect and enhance the right of all the the Bar. The term of office and other qualifications and
people to human dignity, reduce social, economic, and political disabilities of the Members of the Commission shall be
inequalities, and remove cultural inequities by equitably diffusing provided by law.
wealth and political power for the common good.
3. Until this Commission is constituted, the existing
To this end, the State shall regulate the acquisition, ownership, use, Presidential Committee on Human Rights shall continue to
and disposition of property and its increments. exercise its present functions and powers.
SECTION 2. The promotion of social justice shall include the 4. The approved annual appropriations of the Commission
commitment to create economic opportunities based on freedom of shall be automatically and regularly released.
initiative and self-reliance.
SECTION 18. The Commission on Human Rights shall have the
following powers and functions:
11. Perform such other duties and functions as may be ARTICLE II. SECTION 23. 23. The State shall encourage non-
provided by law. governmental, community-based, or sectoral organizations that
promote the welfare of the nation.
SECTION 19. The Congress may provide for other cases of violations
of human rights that should fall within the authority of the ARTICLE XIII.
Commission, taking into account its recommendations. SECTION15. The State shall respect the role of independent people's
organizations to enable the people to pursue and protect, within the
democratic framework, their legitimate and collective interests and
RESPECT FOR HUMAN DIGNITY AND HUMAN RIGHTS aspirations through peaceful and lawful means.
SCOPE OF HUMAN RIGHTS includes those that relate to an individual’s People's organizations are bona fide associations of citizens with
social, economic, cultural, political and civil relations along with what is demonstrated capacity to promote the public interest and with
generally considered to be his inherent and inalienable rights, encompassing identifiable leadership, membership, and structure.
almost all aspect of life.
SECTION 16. The right of the people and their organizations to
COMMISSION ON HUMAN RIGHTS effective and reasonable participation at all levels of social, political,
- COMPOSITION and economic decision-making shall not be abridged. The State shall,
a. Chairman by law, facilitate the establishment of adequate consultation
b. 4 Members mechanisms.
- QUALIFICATIONS
a. Natural-born citizens
b. Majority should be members of the Bar INDEPENDENT PEOPLE’S ORGANIZATION
c. Term, other qualifications and disabilities shall be provided
by law PEOPLE’S ORGANIZATIONS are bona fide associations of citizens with
- was first constituted in 1987 through EO 163 demonstrated capacity to promote the public interest and with identifiable
- has to power to promulgate its rules of procedure and cite for leadership, membership and structure.
contempt for violations thereof in accordance with the Rules of
Court 1987 CONSTITUTION
- it has NOT jurisdiction to issue a writ of preliminary injunction as
it may only be issued by a judge or justice ARTICLE II SECTION 17. The State shall give priority to education,
science and technology, arts, culture, and sports to foster patriotism
1987 CONSTITUTION and nationalism, accelerate social progress, and promote total human
liberation and development.
ARTICLE II SECTION 14. The State recognizes the role of women in
nation-building, and shall ensure the fundamental equality before the ARTICLE XIV
law of women and men. SECTION 1. The State shall protect and promote the right of all
citizens to quality education at all levels, and shall take appropriate in the case of other farmworkers, to receive a just share of the fruits
steps to make such education accessible to all. thereof. To this end, the State shall encourage and undertake the just
distribution of all agricultural lands, subject to such priorities and
SECTION 2 (2). The State shall establish and maintain, a system of reasonable retention limits as the Congress may prescribe, taking into
free public education in the elementary and high school levels. account ecological, developmental, or equity considerations, and
Without limiting the natural rights of parents to rear their children, subject to the payment of just compensation. In determining retention
elementary education is compulsory for all children of school age limits, the State shall respect the right of small landowners. The State
shall further provide incentives for voluntary land-sharing.
1987 CONSTITUTION - “inviolable social institution” was lifted from Article 52 of the
New Civil Code
ARTICLE II - Divorce was initially included in draft NCC but was disapproved
SECTION 15. The privilege of the writ of habeas corpus shall not be due to inconsistency with Article 52
suspended except in cases of invasion or rebellion, when the public
safety requires it. 1987 CONSTITUTION
SECTION 16. All persons shall have the right to a speedy disposition SECTION 13. he State recognizes the vital role of the youth in nation-
of their cases before all judicial, quasi-judicial, or administrative building and shall promote and protect their physical, moral,
bodies. spiritual, intellectual, and social well-being. It shall inculcate in the
youth patriotism and nationalism, and encourage their involvement in
public and civic affairs.
ARTICLE XIII
Section 12. The State shall establish and maintain an effective food
and drug regulatory system and undertake appropriate health,
manpower development, and research, responsive to the country's VITAL ROLE OF THE YOUTH
health needs and problems.
- First included in 1973 Constitution as a reaction to rising student
Section 13. The State shall establish a special agency for disabled activism
person for their rehabilitation, self-development, and self-reliance,
and their integration into the mainstream of society.
1987 CONSTITUTION
PROMOTION OF BALANCE HEALTH AND ECOLOGY SECTION 19. The State shall develop a self-reliant and independent
national economy effectively controlled by Filipinos.
- Held to be a basic right concerning no less than self-preservation
and self-perpetuation SECTION 20. The State recognizes the indispensable role of the
private sector, encourages private enterprise, and provides incentives
1987 CONSTITUTION to needed investments.
THE FAMILY AS BASIC AUTONOMOUS SOCIAL INSTITUTION While the Constitution mandates a bias for Filipino goods, services, labor and
enterprises, it also recognizes the need for business exchange with the rest of
- The family may be regulated by the State for public interest. the world on the basis of reciprocity and equality. The protection is limited
- Equally protect the life of the child and the mother; does not only against foreign competition and trade practices that are unfair.
expressly prohibit abortion
- Recognizes the natural right and duty of parents in the rearing of 1987 CONSTITUTION
their children
EXCEPTION: The state may intervene if the means or
ARTICLE II SECTION 24. The State recognizes the vital role of
modes adopted by the parents are inimical to the child
communication and information in nation-building
- GENERAL RULE: The authority of the school is co-extensive
with its territorial jurisdiction, or its school grounds. Any action
taken outside the school premised=s should be left to the police, ARTICLE XVI SECTION 10. The State shall provide the policy
the courts and the family. environment for the full development of Filipino capability and the
emergence of communication structures suitable to the needs and
EXCEPTION: The school may exercise its authority
aspirations of the nation and the balanced flow of information into,
for acts committed outside the school or beyond school
out of, and across the country, in accordance with a policy that
hours respects the freedom of speech and of the press.
COMMUNICATIONA ND INFORMATION IN NATION-BUILDING shall protect the rights of indigenous cultural communities to their
ancestral lands to ensure their economic, social, and cultural well-
1987 CONSTITUTION ARTICLE XVI being.
SECTION 11 The Congress may provide for the applicability of customary laws
1. The ownership and management of mass media shall be governing property rights or relations in determining the ownership
limited to citizens of the Philippines, or to corporations, and extent of ancestral domain.
cooperatives or associations, wholly-owned and managed
by such citizens. ARTICLE XIII SECTION 6. The State shall apply the principles of
agrarian reform or stewardship, whenever applicable in accordance
The Congress shall regulate or prohibit monopolies in with law, in the disposition or utilization of other natural resources,
commercial mass media when the public interest so including lands of the public domain under lease or concession
requires. No combinations in restraint of trade or unfair suitable to agriculture, subject to prior rights, homestead rights of
competition therein shall be allowed. small settlers, and the rights of indigenous communities to their
ancestral lands. The State may resettle landless farmers and
farmworkers in its own agricultural estates which shall be distributed
2. The advertising industry is impressed with public interest,
to them in the manner provided by law.
and shall be regulated by law for the protection of
consumers and the promotion of the general welfare.
ARTICLE XIV SECTION 17. The State shall recognize, respect, and
protect the rights of indigenous cultural communities to preserve and
Only Filipino citizens or corporations or associations at
develop their cultures, traditions, and institutions. It shall consider
least seventy per centum of the capital of which is owned by
these rights in the formulation of national plans and policies.
such citizens shall be allowed to engage in the advertising
industry.
ARTICLE XVI SECTION 12. The Congress may create a
consultative body to advise the President on policies affecting
The participation of foreign investors in the governing
indigenous cultural communities, the majority of the members of
body of entities in such industry shall be limited to their
which shall come from such communities.
proportionate share in the capital thereof, and all the
executive and managing officers of such entities must be
citizens of the Philippines.
RECOGNITION OF RIGHTS OF INDIGENOUS CULTURAL
COMMUNITIES
MASS MEDIA AND ADVERTISING
RA 8371 or the Indigenous Peoples Rights
- The ownership of mass media are required to be in the hands of - Grants IPs/ICCs the ownership and possession of their ancestral
Filipinos domains and ancestral lands, and defines the extent of these lands
- Commercial advertising should be owned only by companies that and domains
are at least 70% Filipino owned - The ownership given is the indigenous concept of ownership
- Monopolies in mass media may be regulated or prohibited under customary laws
- combinations in restraint of trade and unfair competition in - Created the National Commission on Indigenous Peoples (see
information matters is prohibited discussion above)
1987 CONSTITUTION ARTICLE III SECTION 7. The right of the people to information on
matters of public concern shall be recognized. Access to official
ARTICLE II SECTION 22. The State recognizes and promotes the records, and to documents and papers pertaining to official acts,
rights of indigenous cultural communities within the framework of transactions, or decisions, as well as to government research data
national unity and development used as basis for policy development, shall be afforded the citizen,
subject to such limitations as may be provided by law.
ARTICLE XII SECTION 5. The State, subject to the provisions of
this Constitution and national development policies and programs,
HONEST PUBLIC SERVICE &
FULL PUBLIC DISCLOSURE