Part1 Nachura - Constitutional Law

Constitutional Law

General Principles Political Law – branch of public law which deals with the organization and operation of the governmental organs of the State with the inhabitants of its territory. SCOPE 1. Constitutional Law – study of maintenance of the proper balance between authority as represented by the three inherent powers of the state and liberty as guaranteed by the Bill of Rights. 1. Administrative Law – branch of public law which fixes the organization of government, determines the competence of the administrative authorities who execute the law, and indicates to the individual remedies for the violation of his rights. 2. Law on Municipal corporations 3. Law of Public Officers

4. Election Laws BASIS 1. 1987 Constitution 2. 1973 and 1935 Constitution 3. Other organic Laws made to apply to the Philippines such as: a. Philippine Bill of 1902 b. Jones Law of 191 c. Tydings Mcduffie Law of 1934 4. Statutes, EO and Decrees and judicial decisions 5. U.S. Constitution 6. UN Charter 7. International Peace Treaties 8. Biak-na-Bato Constitution 9. Malolos Constitution 10. Japanese Occupation Constitution

Philippine Constitution Constitution - body of rules and maxims in accordance with which the powers of sovereignty are habitually exercised. (Cooley) 1. Written Instrument 2. Enacted by Direct Action of the People 3. Where Fundamental powers of the Government are established, limited and defined 4. Powers are distribute 5. For safe and useful exercise 6. For the benefit of the Body Politic (Malcolm) Purpose 1. Prescribe the Framework of a system of the Government 2. Assign respective powers and duties 3. Establish Certain First Principles on which the Government is Founded Classification Written Unwritten Precepts are embodied in one document Not integrated into a single, concrete form, scattered in various sources. Such as: 1. Statutes 2. Judicial Decisions 3. Commentaries Enacted (Conventional) Evolved (Cumulative) Formally struck off at a definite time and place Result of political Evolution, not inaugurated at following a conscious or deliberate effort any specific time, changes by accretion Rigid Amended only by a formal and usually difficult process

Flexible Changed by Ordinary Legislation

Qualities Broad – Not only that it covers all persons and things within the territory but comprehensive enough to provide for every contingency. Brief – Confine itself to basic principles. More adjustable to change Definite – Prevent ambiguity which could result in confusion and divisiveness Essential Parts 1. Constitution of Liberty – sets forth fundamental and political rights and imposing limitatios on the powers of government as means of securing enjoyment of those rights. (Bill of Rights) 2. Constitution of Government – Outlines organization of Government, Enumerating its Powers, laying down certain rules relative to its administration and defining the

electorate. (Arts. VI, VII, VIII and IX) 3. Constitution of Sovereignty – points out the mode or procedure in accordance with which formal changes in the fundamental law may be brought about. (Art. XVII) 4. Social Justice and human Rights – Economic, Social and Cultural. (Art. XIII) Interpretation/ Construction 1. Verba Legis – Words in the Constitution must be given their ordinary meaning except where technical terms are employed 2. Ratio legis et anima – where there is ambiguity, words must be interpreted in accordance with the intent of the Framers. Bear in mind object sought to be accomplished and evils sought to be prevented or remedied. 3. Ut magis valeat quam pereat – interpreted as a whole. •

In case of Doubt, Provisions should be considered self-executing, mandatory rather than directory, and prospective rather than retroactive.

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Self Executing Provisions – A provision which is complete in itself and becomes operative without the aid of supplementary or enabling legislation, or that which supplies a sufficient rule by means of which the right it grants may be enjoyed or protected, is self-executing. Example: Bill of Rights Non-self executing - Provision which lays down a general principle is usually not selfexecuting. Example: Art. 2. Declaration of Principles and State Policies Exception: Sec. 16, Art. 2- The state shall protect and advance the right of the peole to a balanced and healthful ecology in accord with the rhythm and harmony of nature. The SC coined this as an “Intergenerational Responsibility” (Oposa vs. FActoran) The provisions of the constitution are presumed to be SELF-EXECUTING rather than non-self executing as was held in the case of Manila Prince Hotel vs. GSIS. Thus Sec. 10(2), Art. 12 of the Constitution is Self-Executing.

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Amendment vs. Revision Amendment Adds, reduces, deletes, without altering the basic principle involved.

Specific Provision (Piecemeal)

Revision A change that alters a basic principle of the Constitution like altering the principle of separation of powers or system of checks and balances. Change alters the substantial entirety of the Constitution. Several Provisions (Overhaul)

Tests to determine amendment or revision (Lambino vs. COMELEC) Quantitative Qualitative Whether the proposed change is so extensive in Whether the change will accomplish such farits provisions as to change directly the reaching changes in the nature of our basic substance entirety governmental plan Steps in Amendatory Process 1. Proposal Art. XVII, Sec. 1-3- A proposed amendment may come from: a. Congress by a vote of ¾ of all its members. - Congress acts as a “constituent assembly” directly for the purpose of amendment or revision. - Not a legislative act b. Constitutional Convention – called into existence either by: i. 2/3 vote of all the members of the Congress; ii. Calling of People - Majority vote of all members of Congress with the question of whether or not to call a convention to be resolved by the people in a plebiscite; c. People, through the power of initiative-

1. 2. -

Petition; Signed by: At least 12% of the total number of registered voter Every legislative district must be represented by at least 3%

Sandoval: Not a Self-executing provision- Requires an Implementing Law. Defensor Santiago vs. COMELEC: RA 6735 provides for 3 types of People’s Initiative: 1. On the Constitution; 2. Statutes; 3. Ordinances The supposedly implementing law, RA 6735 was declared as unconstitutional as it covers BOTH amendment AND REVISIONS, contrary to the provision of Art. 17, Sec. 2. However, the law as found to be incomplete as regards amendment, so the constitutional provision remains non self-executing87 (But See Lambino vs. COMELEC where it was held that RA 6735 was constitutional). d. Constitutional Commission (Note that there is no mention of a Constitutional Commission in Art. XVII) * Brief Background: 1935 Constitutional Convention Members Elected by the people 1973 Constitutional Convention Members Elected by the people 1987 Constitutional Commission Members appointed by the President •

2. Ratification. (Art. XVII, Sec. 4). Proposed amendment shall become part of the Constitution when ratified by a majority if the votes cast in a plebiscite held not earlier than 60 nor later than 90 days after the approval of the proposal by congress or the Constitutional Convention. Or after the certification by the COMELEC of the Sufficiency of the petition or initiatie under Sec. 2, Art. XVII. Power of Judicial Review 1. Judicial Review – Power of the courts to test the validity of executive and legislative acts in light of their conformity with Constitution. This is not an assertion of superiority by the courts over the other departments but merely an expression of the supremacy of the Constitution 2. Judicial Power – includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable and determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality. Functions 1. Checking 2. Legitimating 3. Symbolic Requisites 1. Actual Case or controversy – conflict of legal rights, an assertion of opposite legal claims which can be resolved on the basis of existing law and jurisprudence. • A request for advisory opinion is not an actual case or controversy. • ICJ may render advisory opinions a. To resolve contention cases b. Directed to General Assembly, Security Council, other organs of the UN. • Must not be moot and academic - One that ceases to present a justiciable controversy by virtue of supervening events Exceptions to the rule on Mootness: a. Grave violation of the Constitution b. Exceptional Character of the situation and paramount public interest is involved c. Constitutional issues raised require formulation of principles to guide the bench, the bar and the public d. Case is capable of repetition yet evasive of review. 2. Question must be raised by a proper party – One who has sustained or is in imminent danger of sustaining an injury as a result of the act complained of. “Locus Standi” - Locus Standi – a right of appearance in a court of justice on a given question. - Direct Injury Test – a person who impugns the validity of a statute must have a personal and substantial interest in the case such that he has sustained or will

sustain direct injury as a result. Liberal Approach: a. Constitutional Issues b. Taxpayers – claim of illegal disbursement of public funds c. Voters – obvious interest in the validity of the election law d. Concerned citizens – transcendental importance e. Legislators – Official action complained of infringes their prerogatives as legislators - Facial Challenge – exception to the rule that a party can question the validity of a statute only if as applied to him is unconstitutional. May be invoked only to challenge a statue when it operates in the area of freedom of expression. - Overbreadth Doctrine – permits a party to challenge the validity of a statue even though, as applied to him, it is not unconstitutional but may be to others. - Void-for-Vagueness – a law is facially invalid if men of common intelligence must necessarily guess at its meaning and differ as to its application. 3. Raised at the earliest opportunity – Pleadings 4. Decision of Constitutional question is determinative of the case itself – on the basis of Separation of Powers. Effects of Declaration of unconstitutionality Orthodox Modern Unconstitutional Act is not a law, confers no Refuse to recognize the law and determine rights, imposes no duties, affords no the rights of the parties as if the statue had no protection, creates office, inoperative, as if it existence. Certain legal effects prior to its had not been passed at all declaration of unconstitutionality may be recognized. -

Partial Unconstitutionality 1. Legislature must be willing to retain the valid portions usually shown by the presence of a separability clause 2. Valid portion can stand independently

Philippines as a State State - a community of persons, more or less numerous permanently occupying a definite portion of territory, independent of external control and possessing a government to which a great body of inhabitants render habitual obedience. State Nation Government legal and juristic concept Ethnic or racial concept Instrumentality of the State through which the will of the State is implemented and realized

Elements of State: 1. People Inhabitants -

​ARTICLE III. Section 2. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized. ARTICLE XIII. Section 1. The Congress shall give highest priority to the enactment of measures that protect and enhance the right of all the people to human dignity, reduce social, economic, and political inequalities, and remove cultural inequities by equitably diffusing wealth and political power for the common good. Citizens ​PREAMBLE ​ARTICLE II. Section

2. The Philippine renounces war as an instrument of national

policy, adopts the generally accepted principles of international law as part of the law of the land and adheres too the policy of peace, equality, justice, freedom, cooperation, and amity with all nations. Section 4. The prime duty of the Government is to serve and protect the people. The Government may call upon the people to defend the State and, in the fulfillment thereof, all citizens may be required, under conditions provided by law, to render personally, military or civil service.

​ARTICLE III. Section 7. The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents, and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law. ELECTORS

​ARTICLE VII. Section 4. The President and the Vice-President shall be elected by the direct vote of the people for a terms of six years which shall begin at noon on the thirtieth day of June following the next day of the election and shall end at noon of the same six years thereafter. The President shall not be eligible for any reelection. No person who has succeeded as President and has served as such for more than four years shall be qualified for election for the same office at any time. 2. Territory Art. 1 RA 3046; RA 5446 a. The national territory comprises the Philippine archipelago with all the islands and waters embraced therein, and all opther territories over which the Philipoines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aeraila domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas” (sec. , Art II) b. Components: Terestrial, Fluvial, Maritime and Aerial domains c. The Philipine Archipelago: 1. Treaty of Paris – Cession of Philippine Islands by Spain to US 2. Treaty between Spain and US at Washington – Cagayan, Sulu and Sibuto 3. Treaty between US and Great Britain – Turtle and Mangsee Islands d. Other territoties: 1. 1935 Constitution – Batanes 2. 1973 Constitution, Art. 1 – Belonging to the Philippines by historic right or legal title e. Archipelago Doctrine – The waters around, between and connecting the islands of the archipelago, regardless of their breadth and dimension form part of the internal waterls of the Philippines. • Archipelago, which consists of a number of islands separated by bodies of water should be treated as one integral unit. • Straight baseline method

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UN Convention on the Law of the Sea –(April 30, 1982): a. Contiguous Zone of 12 miles and Exclusive Economic Zone of 200 miles -Not technically part of the territory of the State but coastal state enjoys preferential right over marine resources found within these

zones. 3. Government Government – The agency or instrumentality through which the will of the state is formulated, expressed and realized. Government of the Philippines - the corporate governemnt entity thorugh which the functions of the government are eof the government are ecised throughout the Philippines, including, save as the contrary appears from the context, the various arms thorugh which political authority is made effective in the Philippines, whether pertaining to the autonomous regions, the provincial, city, municipal or barangay subdivisions or other forms of local government.(Sec. 2 (1) Administrative Code of 1987) Functions

​Constituent – mandatory, constituting the very bonds of society such as maintenace of peace and order, regulation of property and property rights. ​Ministrant- discretionary, intended to promote the welfare, progress and prosperity of the people. Parens Patriae – the parent of the state. The government may act as guardian of the rightsof the people who may be disadvantaged or suffering from some disability or misfortune. Classification De jure vs. De Facto Kinds of De facto: 1. Takes possession or control of, or usurps by forcec or by the voice of the majority the rightful legal government and maintains itself against the will of the latter 2. Established by the inhabitants of a territory who rise in insurrection against the parent state 3. Which is established by invading forces of an enemy who occupy a territory in the course of war – de facto government of paramount force. Presidential Separation of powers

executive

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Parliamentary legislative Fusion of both executive and legislative powers in Parliament, although the actual exercise of the executive powers is vested in a Prime minister who is chosen by, and accountable to, Parliament

Unitary Federal Single, centralized government exercising Consists of autonomous state government units powers over both internal and external affairs merged into a single state, with the national of the State government exercising a limited degree of power over the domestic affairs but generally full direction of the external affairs of the State.

4. Sovereignty Sovereignty – the supreme and uncontrollable power inherent in the State by which the State is governed.

​Kinds: 1. 2. 3. 4.

Legal – power to issue final commands Political – Sum total of all the influences which lie behind the law Internal – Supreme power over everything within its territory External – Independence from external control

​Characteristics: 1. Permanence

2. 3. 4. 5. 6. 7.

Exclusiveness Comprehensiveness Absoluteness Indivisibility Inalienability Imprescriptibility

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Effects of Change in sovereignty – Political laws are abrogated. Effects of Belligerent Occupation – No Change in Sovereignty. Political laws except the law on treason are suspended (Laurel vs. Misa)

Dominium Imperium Capacity to own or acquire property including Authority possessed by the State embraced in lands held by the State in its proprietary the concept of sovereignty capacity Jurisdiction: 1. Territorial • Exempted are: a. Foreign states and head of States, dimplomatic representatives and consuls to a certain degree; b. Foreign State property including embassies, consulates and public vessels engaged in non- commercial activities; c. Acts of State; d. Foreign merchant vessels exercising: - Rights of innocent passage - Involuntary entry - Arrival under stress e. Foreign armies passing through or stationed; f. Such other persons including UN. 2. Personal – power of the state over its nationals which may be exercised even if the individual is outside the territory 3. Extraterritorial: a. Assertion of personal jurisdiction over its nationals abroad; punish certain offenses committed outside the territory against its national interests even if offenders are resident aliens; b. Relations with other states or territories when it establishes a colonial protectorate, condominium, or administers a trust territory or occupies enemy territory in the course of war; c. When local state waives its jurisdiction over persons and things within its territory as when a foreign army stationed therein remains under the jurisdiction of the sending state; d. Principle of extra-territoriality as illustrated by immunities of the head of state in a foreign country; e. Enjoyment of easements and servitudes; f. Jurisdiction in the high seas, pirates right to visit and search and doctrine of hot pursuit; g. Limited jurisdiction over the contiguous zone and patrimonial sea, to prevent infringement of its customs, fiscal, immigration or sanitary regulations.

State immunity from suit “The state cannot be sued without its consent” (Sec. 3, Art. XVII) • Even if the constitution provide no such provision, the state shall still be immune from suit by virtue of Sec. 2, Art. II. “xxx and adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation and amity with all nations. (US vs. Guinto) Justice Holmes: There can be no legal right against the authority which makes the law on which the right depends. However may be sued if it gives its consent whether express of implied. “Royal Prerogative of Dishonesty”

Immunity is enjoyed by other states – “par in parem non habet imperium” Head of state is a presonofication of the State and is inviolable and thus enjoys immunity from suit. Foreign Agent – immune if it can be established that he is acting within the directives of the sending state. It is removed once agent is sued in his individual capacity. Such as when act was done with malice or in bad faith or beyond his authority or jurisdiction.

Suits against the Government 1. Incorporated – If charter provides that agency can sue and be sued, the suit will lie, including one for tort. The provision in the charter constitutes express consent on the part of the State. 2. Unincorporated - Inquire into the principal functions of the agency a. Governmental – No suit without consent b. If Proprietary – Suit will lie. State descends to the level of an individual Test to determine if suit is against the State – If upon the decision, the enforcement of the same require an affirmative act from the State such as the appropriation of the needed amount to satisfy the judgment. Suit against Public Officers – doctrine of state immunity applies to complaints filed against officials of the State for acts performed by them in the discharge of their duties within the scope of their authority. Public Officers are PERSONALLY liable if act was unauthorized. As when Ultra Vires or attended by malice, bad faith or gross negligence. Need for Consent – Consent may be either express or implied.

​Express Consent – by an act of the legislative body, in a general or special law. 1. General Law a. Act 3083 – Money Claims of government arising from contract whether express or implied with the Philippine Government. b. PD 1445- General Auditing Law. Before suing the state, one must first file with the Commission on Audit 2. a. b. c. d.

Special law – embodied in a statue and cannot be given by a mere counsel Art. 1280, Civil Code- Damages when acting through a special agent Art. 2189, Civil Code – Defective roads, bridges, canals etc. Sec. 24, LGC – Death, Injury, damage caused by the government Charters of GOCC

​Implied Consent 1. When the State commences litigation, it becomes vulnerable to counterclaim • Speaks of a compulsory counterclaim only 2. When the State enters into a business contract, in Jus gestionis (Commercial/proprietary acts). If Jus Imperii (sovereign acts) no implied consent. •

USA vs. Ruiz - Not every contract is deemed to be a waiver. Only those falling under ACTA JURE GESTIONIS may subject the Sate to suits.

Scope of Consent - Consent to be sued does not include consent to execution of judgment against it. • Such execution will require another waiver since the government funds or properties may not be seized under writs of execution or garnishment unless such disbursement is covered by the corresponding appropriation as required by law. Suitability vs. Liability – Liability will have to be determined by the Court on the basis of the evidence and the applicable law. • Execution will require another waiver because the power of the courts end when the judgment is rendered (Republic vs. Villasor) • But funds belonging to GOCC whose charters provide that they can sue and be sued are not exempt from garnishment (PNB vs. Pabalan) • Municipality funds are public in character and even though the carter provides that it can sue and be sued, such funds may not be garnished unless by a corresponding appropriation ordinance duly passed by the Sanggunian Bayan. (Mun. Of San Miguel, Bulacam vs. Fernandez)

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Damnum Absque Injuria may be a lawful defense (Mun. Of La Union vs. Firme)

Fundamental Powers of the State Inherent powers of the State: 1. Police Power; 2. Eminent domain; 3. Taxation. Similarities 1. Inherent in the State, even without need of express grant 2. Necessary and indispensable, state cannot be effective without them 3. Methods by which the State interferes with private property 4. Presuppose equivalent compensation 5. Exercised primarily by the legislature Distinction Police Power Eminent Domain Taxation Regulation Both liberty and property Property Property Who Exercises? Government Government and Private Government entities Property taken Noxious or intended for Wholesome and devoted to Wholesome and devoted to noxious purpose public use or purpose public use or purpose Compensation Intangible, altruistic feeling Full and fair equivalent of Protection given and/or public property taken improvements instituted by the government

Limitation – Bill of rights. Courts may annul improvident exercise of Police Power (Quezon City vs. Ericta)

POLICE POWER The power of promoting public welfare by restraining and regulating the use of liberty and

property. Scope: The most pervasive, least limitable and most demanding of the three powers. “Salus Populi est suprema lex” “sic uteretuo ut aliuenum non laedas” • •

Cannot be bargained away through treaty or contract (Stone vs. Mississippi) Taxing power may be used as implement of police power

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Eminent domain may be used as an implement of police power. (Association of Small Landowners vs. Sec. Of Agrarian Reform) Retroactive application of Police power may reasonably impair vested rights or contracts. Applicable not only to future contracts but also to those already in existence. Like all rights and freedoms guaranteed by the Charter, their exercise may be so regulated pursuant to the police power of the State to safeguard health, morals, peace, education, order, safety and the general welfare of the people.

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Who exercises Police Power? • Inherently vested in the legislature. • May be delegated to: - President - Administrative Bodies - Law-making bodies of local Government units (Sec. 16, RA 7160) • RA 6939 and PD 269 do not authorize the President or any administrative body to take over the internal management of a cooperative. • Unlike legislative bodies of LGU, RA 7294 does not empower the MMDA to enact ordinances for the inhabitants of Manila.

Limitations (Test for Valid exercise) 1. Lawful Subject – Interest of public in general as distinguished from those of a particular class, require the exercise of the power. Activity or property sought to be regulated affects the general welfare. (Taxicab Operators vs. BOT) 2. Lawful means – Means employed are reasonably necessary to the accomplishment of the purpose and not duly oppressive on the individual. (Ynot vs. IAC) 3. Additional Limitations i. ii. iii.

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Express Grant by Law Within Territorial Limits Must not be contrary to law (act may be regulated not prohibited)

Requisites for a valid ordinance 1. Must not contravene the Constitution or any statute 2. Must not be unfair or oppressive 3. Must not be partial or discriminatory 4. Must not prohibit, rather regulate trade 5. Must not be unreasonable 6. Must be general in application and consistent with Public Policy

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POWER OF EMINENT DOMAIN Also known as the power of expropriation • •

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ART. III Sec. 9: Private property shall not be taken for public use without just compensation. ART. XII. Section 18. The State may, in the interest of national welfare or defense, establish and operate vital industries and, upon payment of just compensation, transfer to public ownership utilities and other private enterprises to be operated by the Government. ART. XIII. Sec. 4. The State shall, by law, undertake an agrarian reform program founded on the right of farmers and regular farmworkers, who are landless, to own directly or collectively the lands they till or, in the case of other farmworkers, to receive a just share of the fruits thereof. To this end, the State shall encourage and undertake the just distribution of all agricultural lands, subject to such priorities and reasonable retention limits as the Congress may prescribe, taking into account ecological, developmental, or equity considerations, and subject to the payment of just compensation. In determining retention limits, the State shall respect the right of small land owners. The State shall further provide incentives for voluntary landsharing. ART. XII. Sec. 9. The State shall, by law, and for the common good, undertake, in cooperation with the private sector, a continuing program of urban land reform and housing which will make available at affordable cost decent housing and basic services to underprivileged and homeless citizens in urban centers and resettlement areas. It shall also promote adequate employment opportunities to such citizens. In the implementation of such program the State shall respect the rights of small property owners.

Police Power Eminent Domain Promote Public welfare by restraining and Inherent right of the state to condemn regulating the use of liberty and property private property to public use upon payment of just compensation Property condemned is noxious or intended Private property to be used for some public for a noxious purpose purpose No compensation Just Compensation An ejectment suit should not ordinarily prevail over the State’s power of eminent Domain. (Republic vs. Tagle) • Jurisdiction over a complaint for eminent domain is with the RTC. Determination of amount of just Compensation is merely incidental to the expropriation suit. (Bgy. San Roque, Talisay, Cebu vs. Heirs of Francisco Pastor) • No such thing as Plaintiff’s matter of right to dismiss because landowner may have already suffered damages as of the time of the taking. Always subject to court approval. (NAPOCOR vs. Pobre) Who Exercises power of Eminent Domain? • Congress, may be delegated to: - President - Administrative Bodies - LGU - Private Enterprises performing public service • LGU have no inherent power of eminent domain; the can exercise only when expressly authorized by Legislature. (Sec. 19 of LGC confers such power to local governments but the power is not absolute; it is subject to statutory requirements (Masikip vs. City of Pasig) • RP vs. CA: Power of Eminent domain must by enabling law, be delegated to local governments by the national legislature and thus, can only be as broad or confined as the real authority would want to be. • Exercise of right of Eminent Domain, whether directly by the state or agents. Necessarily in derogation of private rights. STRICT CONSTRUCTION will be made against the agency exercising the power. Respondent failed to prove the written, definite and valid offer to acquire property under RA 7610. •

Requisites for Exercise: 1. Necessity • Munic. Of Meycauayan Bulacan vs. IAC: When power is exercised by the Legislature, the question of necessity is generally a political question. Republic vs. La Orden: When exercised by a delegate, the determination of whether

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there is genuine necessity for the exercise is a justiciable question. RTC has the power to inquire into the legality of the exercise of the right of eminent domain and determine whether there is a genuine necessity for it. (BARDILLON VS. LAGUNA)

2. Private Property • City of Manila

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vs. Chinese Community: Private property already devoted to public use cannot be expropriated by delegated of legislature acting under a general grant of authority. RP vs. PLDT: All private property capable of ownership may be expropriated except money and choses of action. Even services may be subject to eminent domain.

3. Taking • May include trespass without actual eviction; • Material impairment of the value of the property; • Prevention of the ordinary uses for which the property was intended

Requisites for valid taking (Republic vs. Castelvi): 1. Expropriator enters property; 2. Entry must not be for more than a momentary period; 3. Under warrant or color of authority; 4. Property devoted to public use or otherwise informally appropriated or injuriously affected; 5. Utilization must be in such a way as to oust the owner and deprive him of beneficial enjoyment of property.

​ 4. Public Use •• Public use is the general concept of meeting public need or public exigency. It is not confined to actual use by the public in its traditional sence. •• Public use includes broader notion of indirect public benefit or advantage, including, in particular, urban land reform and housing. (Filstream vs, CA) •• Condemnation of private lands in a piecemeal fashion, or the random expropriation of small lots to accommodate no more than a few tenants or squatters, is certainly not the condemnation for public use contemplated by the constitution. This results to deprivation without perceptible benefit to the public. Prior to passage of Ordinance 1843, there was no evidence of a valid and definite offer to buy petitioner’s property as required by RA 7160. (Lagcao vs. Judge Labra) 5. Just Compensation • The full and fair equivalent of the property taken; • Fair market value of property; • That sum of money which a person, desirous but not compelled to buy and an owner, willing but not compelled to sell, would agree on as a price to be given and received therefor. •• Just compensation means not only the correct amount to be paid to the owner of the land but also payment within a reasonable time from its taking. (Eslaban vs. De Onorio)

Judicial Prerogative – ascertainment of what constitutes just compensation is a judicial prerogative which fixes payment on the basis of the assessment by assessor or the

declared valuation by the owner is unconstitutional. Need to Appoint commissioners – Indispensable in order to give the parties the opportunity ot present evidence on the issue of just compensation. Trial with aid of commissioners is a substantial right.

​But courts are not bound by the commissioner’s findings, they may substitute their own estimate if: 1. Commissioners applied illegal principles to the evidence submitted to them 2. Disregarded a clear preponderance of evidence 3. Amount allowed is grossly inadequate or excessive ​Compensation may be in the form of: 1. Money 2. Bonds (ASLP vs. Sec. Of Agrarian Reform)

​Reckoning point of market value – either as of the date of the taking or filing of the complaint, whichever comes first. ​Who may be entitled to just Compensation: 1. 2. 3. 4.

Owner Mortgagee Lessee Vendee in possession of an executory contract

​When does title pass? After payment ​Right of landowner in case of non-payment of Just Compensation: -

Cannot recover land but only demand payment But in RP vs. Lim, 57 years has passed, it is a deliberate refusal to pay hence, owner has a right to recover possession. Writ of Possession – issuance is ministerial upon: 1. Filing of a complaint for expropriation sufficient in form and substance 2. Deposit made by the government of the amount equivalent to 15% o fair market value. - Determination of public purpose is not a condition precedent before the court may issue a writ of possession.

TAXATION The power by which the sovereign, through its law-making body to levy enforced proportional contributions from persons and properties to raise revenue to defray the necessary expenses of the government.

​Nature and Scope: Attribute of sovereignty. Inherent in the State. Power to tax is unlimited in its range, acknowledging in its very nature no limits, so that security against its abuse is to be found only in the responsibility of the legislature which imposes the tax on the constituency who are to pay it. Must onot be exercised arbitrarily. - Taxation is a power emanating from necessity. ​Who may exercise: 1. Legislature 2. Local Legislative Bodies 3. President when granted delegated tariff powers

​Limitations: 1. Due Process of law – Tax should not be confiscatory 2. Equal Protection – Uniform and equitable 3. Public Purpose -

Tax for special purpose is treated as a special fund so that when purpose it already fulfilled, any balance shall be transferred to the general funds of the Government

​Double Taxation 1. 2. 3. 4.

Same subject Same Jurisdiction Same Period Same Purpose

​Tax Exemptions – No law granting any tax exemptions shall be passed without the concurrence ​ f a majority of all the Members of the Congress o 1. Charitable institutions, churches, parsonages, convents, mosques non profit cemeteries and all lands and buildings and improvements ADE use for religious, charitable or educational purposes shall be exempt from taxation. 2. All revenues and assets of non-stock, non-profit educational institutions used ADE for educational purposes shall be exempt from taxes and duties. 3. Donations or contributions used ADE for educational purposes shall be exempt from tax 4. Where tax is granted gratuitously, it may be revoked at will but not if granted for a valuable consideration. Police Power Tax Regulation is primary purpose and revenue is Generation of revenue is primary purpose and incidental; regulation is merely incidental License fee Tax Police measure Revenue Measure Amount collected is limited to the cost of permit Unlimited provided it is not confiscatory and reasonable police regulation Kinds of License Fee: 1. Useful occupations or enterprises 2. Non-useful, as when license fee is imposed in order to discourage non-useful occupations or enterprises, amount may be exorbitant. Supremacy of national government over local government - When local government invoke the power to tax on national government, the exercise of the power is construed against local governments.

Principles and State Policies Preamble 1. Does not confer rights nor impose duties 2. Indicates authorship of the constitution ; enumerates the primary aims and aspirations of the framers; and serves as an aid in the construction o f the constitution. Republicanism

​“The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them” (Sec. 1, Art. II) 1. Essential Features: a. Representation b. Renovation 2. Manifestations: GRABIS a. Government of laws and not of men (Villavicencio vs. Lucban) b. Rule of Majority (Plurality in Elections) c. Accountability of public officials d. Bill of Rights e. Legislature cannot pass irrepealable laws f. Separation of powers g. Delegation of Powers h. Social Justice Separation of Powers • • •

Purpose: Prevent concentration of authority in one person or group of persons that might lead to an irreversible error or abuse in its exercise to the detriment of republican institutions. To secure action, forestall overaction, prevent despotism and to obtain efficiency. (Tuason vs. ROD) Application: Not doctrinaire not with pedantic rigor; independence but

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interdependence Witness protection law does not violate separation of powers. Exectuive power includes the power to enforce and prosecute the offenders giving the executive department the latitude. Pimentel vs. Exec. Secretary – President has not transmitted the treaty (Rome statute) Pimentel filed for mandamus against the president. Transmission is discretionary. President may not be compelled by mandamus.

Checks and balances

​Allows one department resist encroachments upon its prerogatives or to rectify mistakes or excesses committed by the other deparments – Veto power of the president as check on improvident legislation Principle of Blending Powers:

​Powers are not confined exclusively within one department but are assigned to or shared by several departments- Enactment of General Appropriations Law

Delegation of Powers “Potestas delegata non potest delegare” what has been delegated cannot be further delegated.

​Permissible Delegation 1. President a. Tariff powers b. Emergency Powers Declaration of Emergency No legitimate constitutional objection can be made

Exercise of Emergency Power Constitutional Issue Arises

2. People a. Referendum b. Plebiscite ​Referendum Power of the electorate to approve or reject legislation through an election called for the purpose.

Plebiscite Electoral process by which an initiative on the Constitution is approved or rejected by the people

2 Classes: a. Referendum on statutes – petition to approve or reject an act or law passed by Congress. b. Referendum on local law – petition to approve or reject a law, resolution or ordinance enacted by regional assemblies and local legislative bodies.

3. Delegation to local government units – not regarded as a transfer of general legislative power but a grant of authority to prescribe local regulations according to immemorial practice subject to interposition of the superior in cases of necessity. Local legislature are more knowledgeable on matters of local concern. 4. Delegation to Administrative Bodies – Power of Subordinate legislation - Must conform to a the sufficient and valid standard of fair and equitable employment practices. Tests for Valid Delegation – must concur 1. Completeness Test – law must be complete in all its essential terms when it leaves the legislature so that there will be nothing left for the delegate to do when it reaches him except to enforce it.

2. Sufficient Standard Test – Map out boundaries of the delegate’s authority by defining legislative police and indicate circumstances under which it is to be pursued and effected. - To prevent total transference of legislative power.

Role of the Judiciary:

​Art. VIII- includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable and to determine whether or not there has been a grave abuse of discretion amounting to lack or exces of jurisdiction on the part of any branch or instrumentality of the Government.” When courts mediate to allocate constitutional boundaries or invalidates the acts of a coordinate body, what it upholds is not its own superiority but the supremacy of the Constitution. (Angara vs. Electoral Commission) Tests to determine valid exercise of given power: •

1. Whether or not the power has been constitutionally conferred upon the department claiming its exercise. (Expressed) 2. Doctrine of necessary implication- grant of express power carries with it all powers that may be reasonable inferred from it. 3. Inherent or Incidental – not expressly conferred nor implied. Ex. President’s power to deport undesirable aliens which may be exercised independently of constitutional or statutory authority. “Act of State” (Marcos vs. Manglapus) Justiciable Question Political question Implies: Question of Policy. 1. A given right, legally demandable and enforceable Questions which under the constitution are to 2. An act or omission violative of such right be decided by the people in their sovereign 3. Remedy granted by law for such breach capacity, or in regard to which full discretionary authority has been delegated to the legislative or executive branch of government. Concerned with legality Concerned with wisdom

The Incorporation Clause The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the aw of the land, and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations. Renunciation of War

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​Historical Development a. Covenant of the League of Nations – provided the right to go to war. b. Kellogg-Briand Pact of 1928 – General Treaty for the Renunciation of War. Ratified by 62 States c. Charter of UN – Prohibits threat or use of force against the territorial integrity or political independence of State. Doctrine of Incorporation

​Applies rules of international law in a number of cases even if such rules had not previously been subject of statutory enactments because these generally accepted principles of international law are automatically part of our own laws. - Renunciation of war - Sovereign immunity - Person’s right to life, liberty and due process - Pacta Sunt Servanda- agreements must be kept

​ Transformation International law principle be transformed into domestic law through a constitutional mechanism such as local legislation •

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Incorporation By mere constitutional declaration, international law is deemed to have the force of domestic law

The doctrine of incorporation is applied whenever municipal tribunals or courts are conformed with situations in which there appears to be a conflict between a rule of international law and the provisions of the constitution or statute of the local state. 1. Efforts must be exerted to harmonize them 2. If irreconcilable, and a choice has to be made between International law and municipal law, MUNICIPAL law should be upheld. In cases were international law is given an equal footing to municipal law, the doctrine of Lex posterior derogate priori takes effect.

Civilian Supremacy- At all times supreme over the military. The AFP is the protector of the people and the state its goal is to secure the sovereignty of the State and the integrity of the national territory. Duty of Government to defend the State – The prime duty of the government is to serve and protect the people. The government may call upon the people to defend the state and in the fulfilment thereof all citizens may be required, under conditions provided by law to render personal, military or civil service. Separation of Church and State - Inviolable Independent foreign policy and nuclear-free Philippines – Consistent with national interest, adopts and pursues a policy of freedom from nuclear weapons in its territory. • Prohibition applies only to NUCLEAR WEAPONS, does not extend to Nuclear plants. Just and dynamic social order- that will ensure the prosperity and independence of the nation and free the people from poverty through policies that will provide adequate social service, promote full employment, a rising standard of living and an improved quality of life for all Promotion of Social justice – in all phases of national development. Respect for human dignity and human rights Family and Youth Fundamental equality of men and women Promotion of health and ecology – The state shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. Priority to education, Science, technology Protection to Labor- The state affirms labor as a pimary social economic force. It shall protect the rights of workers and promote their welfare. Self-Reliant and independent economic order Land Reform Indigenous cultural communites Independent people’s organizations Communication and information in nation-building Autonomy of local governments Equal access of opportunities for public service – guarantee equal access to opportunities for public service and prohibit political dynasties as may be defined by law. Honest public service and full public disclosure – Subject to reasonable conditions prescribed by law, the state adopts and implements a policy of full public disclosure of all its transactions involving public interest.

Bill of Rights The set of presecriptions setting forth the fundamental civil and political rights of the individual and imposing limitations on the powers of government as a means of securing the enjoyment of those rights. - Designed to preserve the ideals of liberty, equality and security against the assaults of opportunism, expediency of the passing hour, the erosion of small encroachments, and the scorn and derision of those who have no patience with general principles. - Any governmental action in violation of the Bill of rights is void - Self-executing Civil Rights

Political Rights

Rights that belong to every citizen of the state Right to participate directly or indirectly in the or country and are not connected with the establishment or administration of the organization or administration of the government. government. Rights appertaining to a person by virtue of his citizenship in a state or community. Rights capable of being enforced or redressed in a civil action. - Property - Right of Suffrage - Marriage - Right to hold public office - Equal Protection - Right to petition - Freedom of Contract - Rights appurtenant to citizenship vis-avis the management of government Due Process of Law Origin Book of Susana, Old Testament th By the 39 chapter of Magna Carta wrung by the barons from King John, the despot promised that “no man shall be take or imprisoned or disseized or outlawed or in any manner destroyed; nor shall we go upon him, nor send upon him, but by the lawful judgment of his peers or by the law of the land. Definition 1. A law that hears before it condemns, which proceeds upon inquiry and renders judgment only after trial. 2. Responsiveness to the supremacy of reason, obedience to the dictates of justice. 3. The embodiment of the sporting idea of fair play Protects: 1. All persons 2. Artificial persons only insofar as their property is concerned Life – right of the individual to his body in its completeness, free from dismemberment and extends to the use of god-given faculties which make life enjoyable Liberty – right to exist and the right to be free from arbitrary personal restraint or servitude. Includes the right of the citizens to be free to use his faculties in all lawful ways Property – anything that can come under the right of ownership and be the subject of contract. Represents more than the things a person owns. It includes the right to secure, use and dispose of them - Public office is not property, but one unlawfully ousted from it may institute an action to recover the same - Mining license is a privilege that may be revoked by the one giving it - License to carry firearm is neither a property nor a property right

Aspects Substantive – this serves as a restriction on government’s law and rule-making powers.

​Requisites: 1. Interests of public in general as distinguished from those of a particular class 2. Means employed are reasonably necessary for the accomplishment of the purpose and not unduly oppressive on individuals Procedural – restriction on actions of judicial and quasi judicial bodies.

​ Requisites: 1. Impartial court or tribunal clothed with judicial power to hear and deternine the matter before it. 2. Jurisdiction must be lawfully acquired over the person - Summons - Voluntary appearance 3. Defendant must be given an opportunity to be heard - Not all cases require a trial-type hearing. Due process in labor cases before a labor arbiter is satisfied when the parties are given the opportunity to submit their position papers (Mariveles vs. CA) 4. Judgment must be rendered upon lawful hearing

Publication as part of due process 1. Publication is imperative to the validity of laws, PDs and Eos, administrative rules and regulations and is an indispensable part of due process. Appeal is not a constitutional right it is but a mere statutory right allowed or denied by the legislature in its discretion. Preliminary investigation is not a constitutional right, but is merely a right conferred by statute. The absence of a preliminary investigation does not impair the validity of the information or otherwise render the same defective. - But when there is a statutory grant of P.I., denial of the same is an infringement of the due process clause. In such case, the right to preliminary investigation is substantive, not merely formal or technical. Denial of the same is denial of due process. Preliminary investigation

​ Held before an accused is placed on trial to secure the innocent against hasty, malicious and oppressive prosecution and to protect him from the trouble, expenses and anxiety of a public trial. It is also intended to protect the state from having to conduct useless and expensive trials. ​Preliminary investigation is required to be conducted before the filing of a complaint or information for an offense where the penalty prescribed by law is at least 4 years, 2 months and 1 day, without regard to the fine. ​If an accused is lawfully arrested WITHOUT A WARRANT involving an offense which requires a preliminary investigation, the complaint or information may be filed by a prosecutor without need of such investigation provided an inquest has been conducted in accordance with existing rules. ​Lack of preliminary investigation is not a ground for a motion to quash. The case must be suspended with respect to the petitioner even if the case is already undergoing trial. The right is not waived by the filing of the motion to be admitted to bail. But the right is waived when the accused fails to invoke it before or at the time of entering a plea at arraignment. ​Preliminary investigation conducted by the DOJ is merely inquisitorial, it is not a trial on the merits, and its sole purpose is to determine whether a crime has been committed and whether the respondent therein is probably guilty of the crime. It is not the occasion for the full and exhaustive display of the parties’ evidence. ​Preliminary investigation is an inquiry whether: 1. A crime has been committed 2. Whether there is probable cause that the accused is guilty thereof

Administrative due process Ang Tibay vs. CIR

1. Right to a hearing which includes the right to present one’s case and submit evidence in support thereof; 2. The tribunal must consider the evidence presented; 3. The decision must have something to support itself 4. The evidence must be substantial 5. Decision must be rendered on the evidence presented at the hearing or at least contained in the record and disclosed to the parties 6. The tribunal or any of its judges must act on its own independent consideration of the facts and the law of the controversy and not simply accept the views of a subordinate in arriving at a decision 7. The board or body should, in all controversial questions, render its decision in such a manner that the parties to the proceeding will know the various issues involved and the reasons for the decision. Due process in quasi-judicial proceedings before the COMELEC requires notice and hearing.

Equal Protection of the laws “ x x x nor shall any person be denied the equal protection of the laws”. Persons protected: All persons or things similarly situated should be treated alike both as to rights conferred and responsibilities imposed. 1. Natural Persons 2. Juridical persons only insofar as their property is concerned. Scope of Equality 1. Economic 2. Political 3. Social Valid Classification – persons or things ostensibly similarly situated may nonetheless be treated differently if there is a basis for valid classification.

​Requisites: 1. 2. 3. 4.

Substantial distinction Germane to the purpose of the law Not limited to existing conditions only Must apply to all members of the same class

Searches and seizures Scope Applies to all persons including aliens whether accused of a crime or not. The right is personal, it may be invoked only by the person entitled to it. The right applies as a distraint directed only against the government and its agencies tasked with the enforcement of the law. The protection cannot extend to acts committed by private individuals so as to bring them within the ambit of alleged unlawful intrusion by the government. What constitutes a reasonable or unreasonable search is purely a judicial question. Objections to the warrant of arrest must be made before the accused enters his plea The issuance of the warrant of arrest against the person invalidly detained will cure the defect of that detention or at least deny him the right to be released. The conspicuous illegality of the arrest cannot affect the jurisdiction of the trial court, because even in instances not allowed by law, a warrantless arrest is not a jurisdictional defect and any objection thereto is waived when the person arrested submits to arraignment without any objection. 1. Where a criminal case is pending, the court wherein it is filed or the assigned branch thereof has primary jurisdiction to issue the search warrant 2. Where no such criminal case has been filed, the executive judge or their lawful substitutes, in the areas and for the offense contemplated in Circular 1-91, shall have primary jurisdiction. -

This does not mean that a Court whose territorial jurisdiction does not embrace the place to be searched cannot issue a search warrant therefor, where the obtention of such search warrant is necessitated and justified by compelling consideration of

urgency, subject, time and place. 3. Only a judge may validly issue a warrant. Exception: Orders of arrest may be issued by administrative authoritites, but only for the purpose of carrying out final finding of a violation of law, for example a order of deportation or an order of contempt but not for the sole purpose of investigation or prosecution. See also Harvey vs. Santiago where the court upheld the validity of the arrest of pedophiles on orders by then Immigration Commissioner Miriam Santiago. Requisites of a Valid Warrant 1. Probable cause - Such facts and circumstances antecedent to the issuance of the warrant that in themselves are sufficient to induce a cautious man to rely on them and act in pursuance thereof. a. Must refer to one specific offense 2. Determination of probable cause personally by a judge

​Warrant of arrest -

It is sufficient that the judge personally determine the probable cause. It is not necessary that he should personally examine the complainant and his witnesses. Hearing is not necessary for the determination of the existence of probable cause for the issuance of a warrant of arrest. - Need not conduct a de novo hearing, it is sufficient that the judge should personally evaluate the report and supporting documents submitted by the prosecution. i. The judge personally evaluates the report and supporting documents submitted byt he fiscal regarding the existence of probable cause and, on the basis thereof issue a warrant of arrest; ii. If on the basis thereof, he finds no probable cause, he may disregard the prosecutor’s report and require the submission of supporting affidavits of witnesses to aid him in arriving at a conclusion as to the existence of probable cause.

​Search warrant ​Sec. 4, Rule 126. The judge must personally examine in the form of searching questions and answers in writing and under oath, the complainants and nay witnesses he may produce on facts personally known to them, and attach to the record their sworn statements together with any affidavits submitted. 3. After examination under oath or affirmation of the complainant and the witnesses he may produce. 4. Particularity of description a. Readily identify the properties to be seized and thus prevent them from seizing the wrong items b. Leave said peace officers with no discretion regarding the articles to be seized • General warrants or scatter-shot warrant is void Warrant of Arrest Search Warrant If it contains the names of the persons to be - Description is as specific as the circumstances arrested. will ordinarily allow; - Description expresses a conclusion of fact not of law; - Things described are limited to those which bear direct relation to the offense for which the warrant is being issued A John Doe warrant will satisfy the No general warrant constitutional requirement of particularity of description if there is some description persona which will enable the officer to identify the accused Properties subject to seizure ​ 1. Subject of the offense 2. Stolen or embezzled property and other proceeds or fruits of the offense 3. Property used or intended to be used as means for the commission of an offense

Conduct of the search 1. In the presence of the lawful occupant thereof or any member of his family; or in the absence 2. In the presence of two witnesses of sufficient age and discretion, residing in the same locality. 3. The officers may use force in entering the premises provided it is justified. Warrantless Arrests 1. When the person to be arrested has committed, is actually committing or is attempting to commit an offense in his presence i. Continuing offense ii. Sees/hears is equivalent to presence iii. Hot pursuit

​Requisites of Flagrante Delicto a. The person to be arrested must execute an overt act indicating that he had just committed, is actually committing, or is attempting to commit a crime; and b. Such overt act is done in the presence or within the view of the arresting officer

2. When the offense had just been committed and there is probable cause to believe, based on his personal knowledge of facts or of other circumstances, that the person to be arrested has committed the offense a. Immediacy - Offense has just been committed b. Personal knowledge - Person making the arrest has probable cause to believe, based on his personal knowledge of facts or of other circumstances that the person to be arrested had committed it. 3. When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or temporarily confined while his case is pending or has escaped while being transferred from one confinement to another. 4. When the right is voluntarily waived. - Appellant is stopped from questioning the illegality of his arrest when he voluntarily submitted himself to the jurisdiction of the court by entering a plea of not guilty and by participating in the trial - But the waiver extends only to the illegal arrest and not to the search made incident thereto. - But, when the arrest is incipiently illegal. Any subsequent search is similarly illegal. Warrantless Searches 1. Voluntarily waived. a. The right exists b. Person involved had knowledge either actual or constructive of the existence of such right c. Said person had an actual intention to relinquish the right.

​Consent must be unequivocal, specific and intelligently given, uncontaminated by any duress or coercion. - Mere silence and failure to object is not a waiver ​Waiver must be given by the person whose right is violated. 2. Stop-and-frisk ​Must precede the arrest for the principle to apply -

Apprehending officer must have a genuine reason in accordance withhis experience and the surrounding conditions to warrant the belief that the person searched has weapons or contraband concealed about him.

3. When the search is an incident to a lawful arrest

​The arrest must precede the search. The process cannot be reversed. -

Officer must have been spurred by probable cause in effecting the arrest

​But take note of the case of People vs. Sucro, where the search not preceded by an arrest was held valid because said search was effected on the basis of probable cause. And also the case of People vs. Tangliben where the court held the warrantless search valid because the officers, faced with on-the-spot information, had to act quickly.

​Search must be made only within the area where he has immediate control. 4. Search of vessels and aircraft

​Why? 1. Equipped with powerful motors that enable them to elude pursuit 2. Seizure would be an incident to a lawful arrest

5. Moving vehicles

​Why? ​Not practical to secure a warrant because vehicle can be moved quickly out of the locality or jurisdiction in which the warrant may be sought. ​Checkpoint may either be: a. Routine inspection- permissible when it is limited to a mere visual search where the occupants are not subjected to a physical or body searcg. b. Extensive search –constitutionally permissible only if the officers conducting the search had reasonable or probable cause to believe that the motorist is an offender or they will filnd the instrumentality or evidence pertaining to a crime in the vehicle to be searched. 6. Inspection of buildings and other premises for the enforcement of fire, sanitary and building regulations 7. When prohibited articles are in plain view Requisites (People vs. Musa) a. Prior valid intrusion based on the valid warrantless arrest in which the police are legally present in the pursuit of their official duties b. Evidence was inadvertently discovered by the police who have the right to be where they are c. Evidence must be immediate and apparent d. Plain view justified the seizure

​Plain view – if the object itself is plainly exposed to sight. ​Where the object seized is inside a closed package, the object is not in plain view and, therefore, cannot be seized without a warrant. However, if the package proclaims its contents, whether by its distinctive configuration, its transparency, or if its contents are obvious to an observer, then the contents are in plain view and may be seized. If the package is such that an experienced observer could infer from its appearance that it contains prohibited articles, then the article is deemed in plain view. ​People vs. Slanguit – When the valid portion of the search warrant has been executed, the palin view doctrine can no longer provide any basis for admitting the other items subsequently found. “Immediately apparent” – does not require an unduy high degree of certainty as to the incriminating character of evidence. It requires merely that the seizure be presumptively reasonable assuming that there is probable cause to associate the property with criminal activity. That a NEXUS exists between the viewed object and criminal activity 8. Search under exigent and emergency circumstances Guanzon vs. De Villa upheld the validity of “areal target oning” or “saturation drives” as valid exercise of the military powers of the President. Exclusionary rule: Evidence obtained in violation of Sec. 2, Article III shall be inadmissible for any purpose in any proceeding because it is the fruit of the poisonous tree. (Sec. 3 (2), Art. III)

Privacy of Communication and Correspondence The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise as prescribed by law. Any

evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose or proceeding. Exceptions: 1. Lawful order of the court 2. When public safety or order requires otherwise

Freedom of Expression No law shall be passed abridging the freedom of speech, of expression or of the press, or the right of the people peaceably to assemble and petition the government for redress of greievances. Aspects: . Freedom from censorship or prior restraint – need not be total suppression. Even restriction of circulation constitutes censorship. . Freedom from subsequent punishment – individual would hesitate to speak for fear that he might be held to account for his speech. a. Libel – Public and malicious imputation of a crime, vice or defect, real or imaginary, or any act, omission, condition, status or circumstance tending to cause the dishonour, discredit, or contempt of a natural or juridical person. b. Obscenity – guidelines: 1. Whether the average person, applying contemporary standards, would find that the work, taken as a whole, appeals to the prurient interest 2. Whether the work depicts or describes in a patently offensive way, sexual conduct specifically defined by the applicable state law 3. Whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value. Tests of Valid Government Interference . Clear and Present Danger Rule – Whether the words are used in such circumstances and of such a nature as to create a clear and present danger that they will bring about substantive evils that the State has the right to prevent. . Dangerous Tendency Rule – If the words uttered create a dangerous tendency of a n evil which the State has the right to prevent, then such words are punishable. It is sufficient if the natural tendency and the probable effects of the utterance were to bring about the substantive evil that the legislative body seeks to prevent. . Balancing of Interests Test – When particular conduct is regulated in the interest of public order, and the regulation results in an indirect, conditional or partial abridgement of speech, the duty of the courts is to determine which of the two conflicting interests demands the greater protection under the particular circumstances presented. Assemble and Petition – The right to assemble is not subject to prior restraint. It may not be conditioned upon the prior issuance of a permit or authorization from government authorities. Such right must be exercised in such a way as will not prejudice the public welfare.

Freedom of Religion No law shall be made respecting an establishment of religion or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights. Two guarantees: 1. Non-establishment Clause – reinforces separation of Church and State. 2. Freedom of religious profession and worship Free Exercise Clause

​Aspects of freedom of religious profession and worship 1. Right to Believe – Absolute 2. Right to act on one’s belief – subject to regulation 3. Compelling State interest test a. First inquiry – Whether respondent’s right to religious freedom has been burdened b. Second Inquiry – Ascertain respondent’s sincerity in her religious belief Liberty of Abode and Travel

The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in the interest of national security, public safety or public health, as may be provided by law. Limitations 1. Abode: Lawful order of the court 2. Travel: Interest of national security, public safety and public health; lawful order of the court

Right to Information The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents and papers pertaining to official acts, transactions or decisions, as well as to government research data used as basis for policy development shall be afforded the citizen, subject to such limitations as may be provided by law.

​Scope transaction.

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inclusions of negotiations leading to the consummation of the

​Exceptions – does not extend to: a. b. c. d.

Matters recognized as privileged information rooted in separation of powers Information on military and diplomatic secrets Information affecting national security Information of investigations of crimes by law enforcement agencies before the prosecution of the accused e. Trade and Industrial Secrets

Right to form associations The right of the people including those employed in the public and private sectors, to form unions, associations or societies for purposes not contrary to law shall not be abridged.

​Scope – Includes right not to join or, to disaffiliate from the association. ​The right to strike – Even if the right expressly guarantees the right to form unions in public and private sectors, members of the civil service may not declare a strike to enforce economic demands. Non-Impairment Clause No law impairing the obligation of contracts shall be passed

​Impairment – anything that diminishes the efficacy of the contract. There is substantial impairment when the law charges the terms of a legal contract between the parties, either in the time or mode of performance, or imposes new conditions, or dispenses with those expressed, or authorizes for its satisfaction something different from that provided in its terms Limitations: 1. Police Power – Public Welfare is superior to private rights. 2. Eminent Domain 3. Taxation Free access to Courts Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty.

Miranda Doctrine First institutionalized in the 1973 constitution Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one. These Rights cannot be waive except in writing and in the presence of counsel. No torture, force, violence, threat, intimidation, or any other means which vitiates the free will shall be used against him. Secret detention places, solitary incommunicado or other similar forms of detention are prohibited. Any confession or admission obtained in violation of this or Seciton 17 hereof shall be inadmissible in evidence against him. The law shall provide for penal and civil sanctions for violations of this section as well as compensation to and rehabilitation of victims of torture or similar practice, and their families. Rights are available only during custodial investigation Custodial Investigation – Any questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way. The rule begins to operate as soon as the investigation ceases to be a general inquiry into an unsolved crime and direction is then aimed upon a particular suspect who has been taken into custody and to whom the police would then direct interrogatory questions which tend to elicit incriminating statements. • RA 7438 – Custodial Investigation shall include the practice of issuing an “invitation” to a person who is investigated in connection with an offense he is suspected to have committed, without prejudice to the liability of the inviting officer for any violation of the law. • Police Line-up – not considered a part of custodial inquest (Subject to some exceptions laid by the court) because it is conducted before the state of investigation. Not considered as custodial investigation: 1. Normal audit investigation 2. Inestigation conducted by Court Administrator 3. Investigation conducted by an employer 4. Investigation conducted by civil service commission 5. Counter affidavit submitted during preliminary investigation 6. A person signs a booking sheet and an arrest report Rights guaranteed by this provision refer to testimonial compulsion only. Rights Available: 1. Right to Remain Silent 2. Competent and independent counsel – must be willing to safeguard the constitutional rights of the accused, as distinguished from one who would merely be giving a routine, preremptory and meaningless recital of the individual constitutional rights (PP vs. Bagnate)

​ ​The mere pro forma appointment of a counsel de officio who fails to genuinely protect the interests of the accused merits disapprobation. ​Critical Pre-trial stages – custodial investigation before or after charges have been filed, and non-custodial interrogation after the accused has been formally charged are considered critical pre-trial stages in the criminal process which would require the assistance of a counsel 3. To be informed of such rights - transmission of meaningful information than just the ceremonial and perfunctory recitation of an abstract constitutional principle. 4. Rights cannot be waived except in writing and signed by his counsel Sec.. 2 (d), RA 7438 provides that any extra-judicial confession made by a person arrested, detained or under custodial investigation shall be: a. In writing b. Signed by such person in the presence of his counsel or in the latter’s absence, upon a valid waiver, and in the presence of any of the parents, older brothers and sisters, his spouse, the municipal mayor, the municipal judge, district school supervisor, priest/minister as chosen by him. 5. No torture, force, etc. Which vitiates the free will shall be used 6. Secret detention places etc. Are prohibited 7. Confessions/admissions obtained in violation of rights are inadmissible in evidence Two kinds: a. Coerced confessions, the product of third degree methods such as torture, force, violence, threat and intimidation

b. Uncounselled statements given without the benefit of Miranda warning The alleged constitutional infringement during the custodial investigation is relevant and material only where an extrajudicial confession or admission from the accused becomes the basis of conviction. People vs. Samolde – Even as the extrajudicial confession was in writing and signed by counsel, because the accused was not given the Miranda warnings, the confession was held inadmissible in evidence. People vs. Andan – Voluntary but uncounselled confession of accused to the Mayor and to the media was admissible in evidence. Constitutional procedures on custodial investigation do not apply to the spontaneous statements not elicited through questioning by the authorities, but given in an ordinary manner whereby the accused orally admitted having committed the crime. Waiver: 1. Must be writing and made in the presence of counsel 2. No retroactive effect 3. Burden of proof – on the prosecution. The presumption that official duty has been regularly performed cannot prevail over the presumption of innocence 4. What may be waived: 1. Right to remain silent 2. Right to counsel - But not the right to be informed of these rights. Exclusionary rule – confession or admission obtained in violation of Sec. 12 and Sec. 17, Art. III shall be inadmissible in evidence. Confession – declaration made voluntarily and without compulsion or inducement by a person acknowledging that he has committed or participated in the commission of a crime. But before it can be admitted in evidence, the constitution demands strict compliance with the requirements of the Bill of rights. a. Fruit of the Poisonous tree – once the primary source is shown to have been unlawfully obtained, any secondary or derivative evidence derived from it is inadmissible. Evidence illegally obtained by the state should not be used to gain other evidence. b. Receipt of seized property inadmissible c. Re-enactment d. Res Gestae – declaration of the accused acknowledging guilt made to the police desk officer after the crime was committed may be given in evidence against him by the police officer to whom the admission was made as part of res gestae e. Waiver of the exclusionary rule - for failure of the accused to object to the offer in evidence, the uncounselled confession was admitted in evidence.

Right to Bail All persons except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required. Bail – security given for the release of a person in custody of the law, furnished by him or a bondsman, conditioned upon his appearance before the court as may be required. The right to bail emanates form the right to be presumed innocent. Who may invoke – a person in custody of the law who may by reason of the presumption of innocence he enjoys, be allowed provisional liberty upon filing a security to guarantee his appearance before any court, as required have yet been filed. - May be invoked by a person under detention, even if no formal charges have yet been filed. Exceptions: 1. When charged with an offense punishable by reclusion perpetua and evidence of guilt is strong. 2. Not available to military Duty of the Court

​When the accused is charged with an offense punished by reclusion perpetua, a hearing on the motion for bail shall be conducted by the judge to determine whther or not the evidence of quilt is strong, Bail as a matter of right – All persons in custody shall:

1. Before conviction by the MeTC, MTC, MCTC and 2. Before conviction by RTC of an offense not punishable by death, RP or Life Imprisonment

​Be admitted to bail as a matter of right with sufficient sureties or be released on recognizance as prescribed by law. Bail when discretionary 1. Upon conviction by the RTC of an offense not punishable by death, RP or life imprisonment, the court , on application, may admit the accused to bail. 2. The court, in its discretion, may allow the accused to continue on provisional liberty under the same bail bond during the period to appeal subject to the consent of the bondsman. 3. If the court imposed a penalty of imprisonment exceeding six years but not more than 20 years, the accused shall be denied bail. Or bail previously granted be cancelled, upon a showing by the prosecution, with notice to the accused, of the following or similar circumstances: a. Accused is a recidivist, quasi recidivist or habitual delinquent, hanituality b. Accused is found to have previously escaped from legal confinement, evaded sentence or has violated the conditions of his bail without valid justification c. Accused committed the offense while on probation, parole, or under conditional pardon d. Circumstances of the accused or his case indicate the probability of flight if released on bail e. Undue risk that during the pendency of the appeal, the accused may commit another crime •

Whether as a matter of right or discretion, a hearing has to be made because, in fixing the amount, the judge is required to take into account a number of factors such as: 1. Character and reputation 2. Forfeiture of other bonds.

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When bail shall be denied: 1. Accused is charged with a capital offense or offense punishable by reclusion perpetua or higher when evidence of guilt is strong.

Standards for fixing bail: a. Financial ability of the accused b. Nature and circumstances of the offense c. Penalty for the offense charged d. Character and reputation of the accused e. Age and health f. Weight of the evidence against him g. Probability of his appearing at the trial h. Forfeiture of the bonds by him i. Fact that he was a fugitive from justice when arrested j. Pendency of other cases in which he is under bond

Constitutional rights of the accused 1. No person shall be held to answer for a criminal offense without due process of law 2. In all criminal prosecutions, the accused shal: a. Be presumed innocent until the contrary is proved b. Shall enjoy the right to be heard by himself and counsel c. To be informed of the nature and cause of the accusation against him d. To have a speedy impartial and public trial e. To meet the witnesses face to face f. To have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf. g. However, after arraignment, trial may proceed notwithstanding the absence of the accused, provided that he has been duly notified and his failure to appear is unjustifiable. Criminal Due process 1. Accused has been heard in a court of competent jurisdiction

2. Accused is proceeded against under the orderly process of law 3. Accused has been given notice and the opportunity to be heard and 4. Judgment rendered was within the authority of a constitutional law. Habeas Corpus The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion when public safety requires it. Writ of Habeas Corpus – A writ issued by a court directed to a person detaining another, commanding him to produce the body of the prisoner at a designated time and place with the day and cause of his caption and detention, to do, to submit to, and to receive whatever the court or judge awarding the writ shall consider in his behalf. • Available to restore an individual subjected to physical Restraint. 60 Duration 48 Submit a Report in person and in writing to Congress 24 Convene, voting jointly by vote of at least majority may revoke such proclamation or suspension 30 Supreme court may review in appropriate proceeding filed by any citizen the sufficiency of the factual basis for the proclamation of martial law or the suspension of the privilege of the writ and promulgate thirty days from filing 3 Any person arrested during the suspension of the writ shall be judicially charged other wise released.

Speedy Disposition of Cases All persons shall have the right to a speedy disposition of cases before all judicial, quasi-judicial, or administrative bodies.

Self Incrimination No person shall be compelled to be a witness against himself. Availability – not only in criminal prosecution but also in all other government proceedings including civil actions and administrative or legislative investigations. Claimed not only by the accused but also by any witness to whom a question calling for an incriminating answer is addressed. Rule

​Ordinary witness –may be invoked only when incriminating question is asked ​Accused/Respondent – may not be compelled to take the witness stand altogether Scope – only testimonial compulsion. Does not apply where the evidence sought to be excluded is not an incriminating statement but an object evidence.

Non-detention by reason of political beliefs or aspirations No person shall be detained solely by reason of his political or religious beliefs.

Involuntary Servitude No involuntary servitude in any from shall exist axcept as punishment for a crim whereof the party shall have been duly convicted.

​Exceptions: 1. Punishement for a crime whereof one has been duly convicted 2. Service in defense of State 3. Naval Enlistment

4. Posse Comitatus 5. Return to work order in industries affected with public interest 6. Patria potestas

Prohibited Punishments 1. Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. Neither shall the death penalty be imposed, unless for compelling reasons involving heinous crimes, the Congress hereafter provides for it. Any death penalty already imposed shall be reduced to RP 2. The employment of physical, psychological, or degrading punishment against any prisoner or detainee, or the use of substandard or inadequate penal facilities under subhuman conditions shall be dealt with by law. Non-Imprisonment for debt No person shall be imprisoned for debt or non-payment of a poll tax

Double Jeopardy No person shall be twice put in jeopardy of punishment for the same offense. If an act is punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act. Requisites: 1. Valid complaint or information 2. Filed before a competent court 3. To which he had pleaded 4. Defendant was previously acquitted or convicted or the cases dismissed or otherwise terminated without his express consent SC: Filing of an MR after acquittal is a violation of Double Jeopardy. Galman case is Pro Hac Vice

Ex Post Facto Law and Bill of Attainder No ex post facto law or bill of attainder shall be enacted Kinds of Ex post facto laws: 1. Every law that makes criminal an action done before the passage of the law and which was innocent when done and punishes such action 2. Every law that aggravates a crime, or makes it greater than it was when committed 3. Every law that changes punishment and inflicts a greater punishment than the law annexed to the crime when committed 4. Every law that alters the legal rules of evidence and receives less or different testimony than the law required at the time of the commission of the offense in order to convict the offender 5. Every law which, assuming to regulate civil rights and remedies only, in effect imposes a penalty or the deprivation of a right for something which when done was lawful 6. Every law which deprives persons accused of a crime of some lawful protection to which they have become entitled, such as the protection of a former conviction or acquittal or of a proclamation of amnesty Characteristics 1. Refers to criminal matters 2. Retroactive 3. Prejudicial to the accused Bill of Attainder - A legislative act that inflicts punishment without trial - Substitutes legislative fiat for a judicial determination of guilt

Citizenship What is Citizenship?

​Membership in a political community which is personal and more or less permanent in character. What is Nationality? ​ embership in any class or form of political community. Does not include right or M privilege of exercising political and civil rights. ​Nationals – democratic ​Subject – monarchical What are the Modes of Acquiring citizenship? 1. By Birth a. Jus sanguinis b. Jus Soli 2. Naturalization 3. Marriage Before adoption of 1935 Constitution

​Jus Sanguinis – all inhabitants who were Spanish subjects on Aprill 11, 1899, residing in the islands who did not declare intention of preserving Spanish nationality ​Jus Soli – Res judicata After Adoption of 1935 Constitution

​Only jus sanguinis Natural Born citizens – Those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine Citizenship. Those who elect Philippine Citizenship shall be deemed natural-born citizens. (Sec. 2, Art. IV) Types of Natural Born Citizens: 1. Those without having to perform any act 2. Born before January 17, 1973 of Filipino Mothers who elect Phiippine Citizenship Marriage – Citizens of the Philippines who marry aliens shall retain their citizenship, unless by their act or omission they are deemed under the law, to have renounced it. (Sec. 4. Art. IV) Dual Allegiance – Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law. (Sec. 5 Article IV) - Not a self-executing provision Attack on citizenship must be made through a direct and not collateral proceeding. Res judicata does not ordinarily apply to questions of citizenship. Except: 1. Resolved by the court or administrative body as a material issue in the controversy after a full-blown hearing 2. Active participation of Sol-Gen or representative 3. Finding of citizenship is affirmed by the SC. Citizens of the Philippines 1. Those citizens of the Philippines at the time of the adoption of the 1987 Constitution 2. Those whose fathers or mothers are citizens of the Philippines 3. Those born before January 17, 1973 of Filipino mothers who elect Philippine citizenship upon reaching the age of majority 4. Those who are naturalized in accordance with law.

Naturalization

​Act of Formally adopting a foreigner into the political body of a nation by clothing him with privileges of a citizen. . Modes of naturalization 1. Direct: a. Individual through administrative proceedings b. Special Act of legislature c. Collective nationality as a result of cession or subjugation d. Adoption of orphan minors as nationals of the State where they are born 2. Derivative: a. Wife of naturalized husband b. Minor children of naturalized person c. Alien women upon marriage to Filipino . Doctrine of indelible Allegiance – individual is compelled to retain original nationality even if he has already renounced or forfeited it under the laws of the state whose nationality he has acquired . Direct Naturalization under Philippine Laws: 1. Judicial (CA 473) 2. Administrative (RA 9139) 3. Legislative

De Guzman De Guzman is a dual citizen by virue of RA 9225 on Naturalization Therefore de Guzman must perform a separate act of renounciation by a Personal and Sworn Renounciation

Manzano Manzano is a dual citizen by virtue of the interplay of Jus Soli and Jus Sanguinis It is enough that MAnzano files his C.O.C.

CA 473 Qualifications: 1. Not less than 21 years old on the date of the hearing of the petition 2. Resided in the Philippines for a continuous period of not less than 10 years. May be reduced to 5 if: a. Honorably held office in the Government b. Established new industry or introduced new invention c. Married to a Filipino woman d. Been engaged as a teacher in the Philippines public or private not established for particular nationality or race or any of the branches of education or industry for a period of not less than two years e. Good moral character, believes in the principle underlying the Philippine Constitution, conducted himself in a proper and irreproachable manner in relation with the government and community f. Own real estate worth not less than P5,000.00 or must have some known lucrative trade, profession or lawful occupation g. Speak and write English or Spanish and any of the principal Philippine languages h. Enrolled minor children of school age in any public or private schools where phlippine history, government and civics are taight

​ Disqualifications 1. Opposed to organized government or affiliated with those opposed 2. Defending or teaching necessity or propriety of violence, personal assault or assassination for the success or predominance of their ideas 3. Polygamists or believers in polygamy 4. Convicted of a crime involving moral turpitude 5. Suffering from mental alienation or incurable contagious disease 6. Not mingled socially with Filipinos, who have not envinced a sincere desire to learn and embrace the customs, traditions and ideals of the Filipinos 7. Citizens or subjects or nations at war with Philippines, during such war 8. Home country does not grant the same right to Filipinos to become naturalized Procedure 1. File a declaration of intention 1 year before petition. Except:

2. 3.

4. 5. 6. 7.

8.

1. Born in Philippines AND received primary and secondary education in public or private schools 2. Resided in the Philippines for 30 years or more before filing the petition and enrolled children in elementary and high schools recognized by the Government 3. Widow and minor children of an alien who has declared his intention but dies before naturalization File petition. - Accompanied by affidavit of 2 credible, citizens of the Philippines who personally know the petitioner as character witnesses. Publication of Petition a. Petition and Notice of hearing b. Once a week for 3 consecutive weeks in the O.G. and in a newspaper of general circulation in the province where the applicant resides c. Copies posted in the office of Clerk of Court or in the building where the same is located d. Indicate names of witnesses - Publication is a jurisdictional requirement. Non-compliance whether it be the fault of the applicant or clerk of court is fatal. - Contents of notice of hearing and petition must be complete, copied verbatim. Incompleteness is no publication at all. Actual residence during proceedings Hearing of Petition Promulgation of decision Hearing after two years proving: a. Applicant has not left the Philippines b. Dedicated himself continuously to a lawful calling or profession c. Not convicted of any offense or violation of rules d. Not committed an act prejudicial to the interest of the nation or contrary to any Government announced policies Oath taking and issuance of Certificate of Naturalization

What are the Effects of Naturalization? 1. Vests citizenship on wife if she may be lawfully naturalized 2. Minor children born IN the Philippines before naturalization are considered citizens of the Philippines 3. Minor child born OUTSIDE the Philippines who as RESIDING in the Philippines at the time of naturalization is considered a Filipino Citizen 4. Minor child born OUTSIDE the Philippines before naturalization shall be considered Filipino ONLY during minority unless he begins to reside permanently in the Philippines 5. Child born OUTSIDE the Philippines after naturalization shall be considered a Filipino provided that he registers as such before any Philippine consulate within one year after attaining majority age and takes his oath of allegiance. What are the grounds for denaturalization? 1. Naturalization certificate is obtained fraudulently or illegally 2. If within 5 years, he returns to his native country or to some foreign country and establishes residence there. - 1 year stay in the native country, or 2 year stay in a foreign country shall be prima facie evidence of intent to take up residence in the same 3. Invalid declaration of intent 4. Minor children failed to graduate through the fault of parent either by neglecting to support or transferring them 5. Allowed himself to be used as a dummy What are the effects of denaturalization? 1. If the ground affects the intrinsic validity of proceedings – divests wife and children of their derivative naturalization 2. If personal to denaturalized – wife and children shall retain When is there naturalization by direct legislative action?

​It is discretionary and usually conferred on an alien who has made outstanding contributions to the country. What is Administrative Naturalization?

​It is a law granting Philippine Citizenship by administrative proceedings to aliens BORN and RESIDING in the Philippines.

CA 473 Judicial Cognized by Courts Aliens of any class Lived in Philippines continuously for 10/5 years

RA 9139 Administrative Cognized by Special Committee on Naturalization Native-born aliens who lived in the Philippines all their lives Lived in the Philippines all throughout their lives

Intention of the legislature was to make the process of acquiring Philippine Citizenship less tedious, less technical and more encouraging. Nonetheless, native-born aliens have the choice to apply for judicial or administrative naturalization. What is the Special Committee on naturalization?

​It is the committee which has the power to approve, deny or reject applications for naturalization under RA 9139. It is composed of: ​

Qualifications vis-a-vis CA 475 RA 9139 CA 473 Born in the Philippines and residing since birth Need not be born here, resided continuously for 10/5 years Not less than 18 years of age at the time of Not less than 21 years at the time of HEARING FILING petition of the petition Good moral Character, believes in constitution, Same conducted himself in proper and irreproachable manner in relation with government and community Have received primary or secondary education Same in any public or private institution which teaches history, government and civics. As well as minor childred Known lucrative business, profession or Same occupation Able to read, write and speak Filipino AND Able to read, write and speak English or any of the dialects of the Philippines Spanish and any principal Filipino languages Mingled with Filipinos and envinced a desire to Same learn and embrace the customs and traditions and ideals of the Filipino people Disqualifications

​Same as CA 473 Procedure 1. File petition with Special Committee 2. Publication of pertinent portions of petition once a week for 3 consecutive weeks in a newspaper of general circulation. 3. Copies posted in any public or conspicuous area 4. Copies furnished to DFA, Bureau of Immigration and Deportation and Civil registrar, NBI who shall post copies of petition in any public or conspicuous areas. 5. Within 30 days from posting, submit to Committee a report stating whether applicant has derogatory record on file or any information adverse to petitioner’s application 6. Within 60 days, committee shall review information and allow applicant to explain,

answer or refute the information 7. Committee approves or denies the 0petition 8. Within 30 days, applicant shall pay P100,000 to committee 9. Applicant takes the oath of allegiance and a certificate of naturalization shall issue 10. Within 5 days after the applicant has taken the oath, Bureau of Immigration shall forward a copy of the oath to the proper local civil registrar and thereafter cancel the petitioner’s alien certificate of registration Status of Alien wife and Children

​They may file a petition for cancellation of their alien certificates of registration with the Committee subject to payment of fees. ​But if the applicant is a married WOMAN, her husband does not benefit from naturalization. But her minor children may still file a petition for cancellation of their alien registration certificate. Cancellation of Certificate of Naturalization

​Special Committee may cancel certificates of naturalization in the following cases: 1. False statement or misrepresentation or any violation of law, rules and regulations in connection with the petition or if he obtains Philippine citizenship fraudulently or illegally 2. If within 5 years, he shall establish permanent residence in foreign country. - Remaining for 1 year in his country of origin or 2 years in any foreign country is prima facie evidence of intent to permanently reside therein 3. If allowed himself or his wife or child to be used as a dummy 4. If he, wife, child, commits any act inimical to national security Loss and Reacquisition of Philippine Citizenship Loss of Citizenship 1. Naturalization in foreign country. - Take note of RA 9225 which declares that all Philippine citizens who become citizens of another country shall not be deemed to have lost their Philippine Citizenship - Natural-born citizens who lost citizenship may re-acquire citizenship upon taking an oath of allegiance. 2. Express renunciation of citizenship - Must be expressly made 3. Subscribing to an oath of allegiance to support the constitution of a foreign country upon attaining the age of 21. Except when the Philippines is at war with that country. (Principle of indelible allegiance) 4. Rendering service to or accepting commission in the armed forces of a foreign country. Except: a. Philippines has a defensive or offensive pact of alliance with the said foreign country; OR b. Said foreign country maintains armed forces in Philippines with the consent of Philippines 5. Cancellation of certificate of naturalization 6. Having been declared by competent authority as a deserter of the Armed forces in time of war.

Legislative Department The Legislative Power 1. The Power to propose, enact, amend and repeal laws 2. Vested in the Congress, except to the extent reserved to the people by the provision on initiative and referendum. “Reserved to the People” - is not a self-executing provision, but is a mandate by the constitution. • In this light, Congress has enacted RA 6735 which is limited only to Initiatives on Statutes. (Defensor-Santiago vs. COMELEC) Initiative Referendum Propose amendments to Constitution or to Power of the electorate to approve or reject propose and enact legislation through an legislation through an election called for the election called for the purpose purpose - Initiative on Statute - Referendum on Statutes - Initiative on Local Legislation - Referendum on Local Laws - Indirect initiative – exercise of initiative by the people through a proposition sent to Congress or local legislative body for action Cannot be subject to both I and R: 1. Petition embracing more than one subject 2. Statutes involving emergency measures

Local Initiative: 1. Not less than 2,000 registered voters in case of autonomous regions 2. Not less than 1,000 in case of provinces and cities 3. 100 in municipalities 4. 50 in case of barangays • File a petition with the Regional Assembly or local legislative body, respectively, proposing the adoption, enactment, repeal, or amendment of any law, ordinance or resolution. Limitations 1. Shall not be exercised more than once a year 2. Shall extend only to subjects or matters which are within the legal powers of the local legislative bodies to enact 3. At any time, before initiative is held, the local legislative body shall adopt in toto the proposition presented.

Congress

​The legislative power shall be vested in the Congress of the Philippines which shall consist of a senate and a house of representatives, except to the extent reserved to the people by the provision on initiative and referendum. (Section 1. Article VI) •

Shows a Bi-cameral Congress. Bi-Cameral Conference Committee – Compromises differences between the senate and the HR. Members of which come from both houses. As such, it can go beyond the mandate of both houses. (Philippine Judges Assoc. Vs. Prado)

House of Rep. Natural Born Citizen At least 25 years old

Senate Qualifications Natural Born Citizen At least 35 years old

Read and Write (except party list Read and Write representative) Registered voter in the district in Registered Voter which he shall be elected

Party-List Nominees Natural Born citizen At least 25 years old Youth sector: cannot be older than 30

Bona fide member of the party or organization which he seeks to represent for at least 90 days preceding the day of the election

Resident in the district for a Resident of the Philippines for period of not less than one year not less than 2 years preceding the day of the election immediately preceding the day of the election. Term Three years commencing at noon Six years, commencing at noon 3 years on the 30th day of June next on the 30th day of June next following their election following their elections Limitation Shall not serve for more than 3 No senator shall serve for more consecutive terms. than 2 consecutive terms. Voluntary renunciation of office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which elected.

Composition Senate

​The Senate shall be composed of twenty-four Senators who shall be elected at the large by the qualified voters of the Philippines, as may be provided by law. (Section 2. Article VI) House of Representatives

​Not more than 250 members, unless otherwise provided by law consisting of: District Representatives

Party-list representatives

Sectoral Representatives

Elected from legislative Shall constitute 20% of the districts apportioned among the total number of provinces, cities, and representatives, elected metropolitan Manila area through a party-list system of registered national, regional, and sectoral parties or organizations •

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(For 3 consecutive terms after the ratification of the Constitution) One hald of the seats allocated to party-list representatives shall be filled as provided by law, by selection or election from labor, peasant, urban poor, 20% of the total indigenous cultural number of communities, women, youth representatives – and such other sectors as may INCLUDING THOSE be provided by law. Except the UNDER THE PARTY religious sector. LIST. So: District HR = 200 Party-List = 20 = 220 220 x 20% = 44.1 Simply put: 4:1

Veteran’s Federation vs. COMELEC – NO ROUNDOFF • If will violate 20% threshold.

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“unless otherwise provided by law” – taken in relation with Sec. 5 (4) Art. VI on Reapportionment of Legislative districts. So strictly speaking, may be less may be more.

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The creation of a new province by a Regional Assembly of ARMM is unconstitutional as it is not within its powers. Its power to create government units extends only to Barangays and Municipalities. Only congress has the power to create provinces., and consequently another position for a representative. (SEMA vs. COMELEC) Requisites: 1. In accordance with the LGC 2. Plebiscite 3. Not contrary to the Constitution

Apportionment of legislative districts

​A justiciable question. ​Apportionment shall be made in accordance with the number of respective inhabitants, on the basisi of a uniform and progressive ratio: i. Each city with not less than 250,000 inhabitants shall be entitled to at least one representative ii. Each province, irrespective or number of inhabitants is entitled to at least one representative iii. Each legis. District shall comprise contiguous, compact and adjacent territory. To prevent Gerrymandering • Gerrymandering- is a practice that attempts to establish a political advantage for a particular party or group by manipulating geographic boundaries to create partisan, incumbent-protected districts. The Party-list System (RA 7941)

​A mechanism of proportional representation in the election of representatives to the HR from national, regional and sectoral parties or organizations or coalitions thereof registered with the COMELEC.

​Definition of Terms

• • •

• •

•

1. Party – either a political party or a sectoral party or a coalition of parties 2. Political party – organized group of citizens advocating an ideology or platform, principles and policies for the general conduct of government and which, as the most immediate means of securing their adoption, regularly nominates and supports certain of its leaders and members as candidates for public office. National – constituency is spread over the geographical territory of at least a majority of the regions Regional – Its constituency is spread over the geographical territory of at least a majority of the cities and provinces comprising the region Sectoral – organized group of citizens belonging to any of the following sectors: a. Labor b. Peasant c. Fisherfolk d. Urban poor e. Indigenous cultural communities f. Elderly g. Handicapped h. Women i. Youth j. Veterans k. Overseas workers and professionals Sectoral organization – group of citizens or a coalition of groups of citizens who share similar physical attributes or characteristics, employment, interests or concerns Coalition – an aggrupation of duly registered national, regional, sectoral parties or organizations for political and/or election purposes. ANG BAGONG BAYANI vs. COMELEC – Party-list system is a borrowed concept from the Parliamentary form of government. It opens up our political system to those not yet part of the system. It is a Social justice tool to give more law to those who have less in life. “SO that Justice may at least be approximated.”

Registration; Manifestation to Participate in the Party-List System

​Any organized group of persons may register as a party, organization or coalition for purposes of the party-list system by: 1. Filing a petition with the COMELEC 2. Not later than 90 days before the election 3. Petition must be verified by its president or secretary stating its desire to participate in the party-list system as a national, regional or sectoral party, organization or coalition • Any party already registered, need not register anew, but must file within 90 days before the election a manifestation of its desire to participate in the party-list system. Refusal and/or Cancellation 1. Motu proprio or upon verified complaint. 2. Refuse, cancel after due notice and hearing, the registration of any national, regional or sectoral party on the ff. Grounds: a. Religious sect/ denomination b. Advocates violence or unlawful means to seek its goal c. Foreign party or organization d. Receiving support from any foreign gov’t, foreign political party whether directly or indirectly for partisan election purposes e. Violates or fails to comply with election rules and regulations f. Declares untruthful statements in its petition g. Ceased to exist for at least one year h. Fails to participate in the last two preceding elections or fails to obtain at least 2% of the votes cast under the party-list system in the two preceding elections for the constituency in which it has registered. Nomination of party-list representatives 1. Each party shall submit to COMELEC not later than 45 days before the election 2. List of names, not less than 5 from which party-list representatives shall be chosen in case it obtains the required number of votes. Limitations: a. Person may be nominated in one list only b. Consent of such person must be obtained

c. No candidate for elective office or a person who has lost his bid for an elective office d. No change allowed unless submitted to COMELEC except: - Nominee dies - Withdraws in writing his nomination - Incapacitated - In which case, the name of the substitute nominee shall be replaced Manner of Voting 1. Every voter entitled to two votes i. Candidate for HR in his legislative district ii. Vote for the party, organization or coalition he wants represented in HR Number

​Party-list representatives shall constitute 20% of the total number of the members of HR including those under party-list. ​Procedure for allocating votes: a. Parties, organizations and coalitions shall be ranked from the highest to the lowest based on the number of votes they garnered during the elections b. Parties, organizations and coalitions receiving at least 2% of the total votes cast for the party-list system shall be entitled to one-seat each - Provided that those garnering more than 2% of the votes shall be entitled to additional seats in proportion to their total number of votes - Provided further that each party, organization or coalitions shall be entitled to not more than 3 seats. Four Inviolable parameters (Veterans Federation Party vs. COMELEC) a. The 20% allocation – the combined number of all party-list congressmen shall not exceed 20% of the total membership of the HR (INCLUDING THE PARTY LIST) b. The 2% threshold – Only those parties garnering at least 2% of total valid votes cast for the party-list system are qualified to have a seat in the house o Example: • 10M votes cast • 2% x 10M = 200k • For every 200k = 1 seat • But only to the extent of 3 seats. o What do you do with remaining seats: COMELEC: Give it to unqualified, as is expected in a democratic society. SC: NO! The issue of democracy lies with congress, not with COMELEC. The 20 % allocation is merely a ceiling, not mandatory. c. The 3-seat limit – each qualified party, regardless of the number of votes it actually obtained, is entitled to a maximum of 3 seats - 1 qualifying - 2 additional o To avoid one party-list getting all the seats d. Proportional representation – Additional seats which a qualified party is entitled to shall be computed in “proportion to their total number of votes” o Formula for additional seats= Votes cast for Qualified Party x Alloted seats for First P ​ ​ Votes cast for First Party

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2 ANG BAGONG BAYANI CASE vs. COMELEC Issue: What do you do with the votes cast for the unqualified party, are the VALID or STRAY VOTES? HELD: STRAY VOTES. 1. RA 7941 expressly provides that votes cast for an Unqualified Party shall NOT be counted. 2. The Labo Doctrine is not applicable on disenfranchisement is not applicable because

the doctrine involves SINGLE elective positions.

Guidelines for entitlement of seats 1. Represent marginalized and under-represented sectors 2. Major political parties must comply with this statutory policy 3. Party must be subject to the express constitutional prohibition against religious sects o Religious denominations cannot be registered as a political party. But, a religious individual may run in an elective position. 4. Party must not be disqualified under RA 7491 5. Party must not be an adjunct of an entity or project funded by the government 6. Party and nominees must comply with the requirements of the law 7. Nominee must also represent a marginalized or under-represented sector 8. Nominee must be able to contribute to the formulation and enactment of appropriate legislation that will benefit the nation (Ang Bagong Bayani – OFW Labor Party vs. COMELEC) Choosing Party-list Representatives

​Proclaimed by the COMELEC based on the list of names submitted by the respective parties, according to their raking Effect of change of affiliation ​Forfeit his seat. Provided that if changes political party or sectoral affiliation within 6 months before an election, he shall not be eligible for nomination as party-list representative under his new party or organization. Vacancy

​Shall be automatically filled by the next representative from the list of nominees in the order submitted to the COMELEC by the same party who shall serve the unexpired term. If list is exhausted, the party shall submit additional nominees. Election 1. 2. Salaries 1. 2.

Regular Special – elected member shall serve only for the unexpired portion of the term Determined by law No increase until after the expiration of the full term of all member of Congress.

Privileges 1. Freedom from arrest - In all offenses punishable by not more that 6 years imprisonment - While Congress is in Session

​Under the RPC- VIOLATION OF PARLIAMENTARY IMMUNITY ​Penalty of Prision mayor shall be imposed upon any person who shall use force, intimidation, threats or fraud to prevent any member of National Assembly from attending the meetings of the Assembly or of any of its committees... from expressing his opinions or casting his vote. ​Penalty of Prision correccional shall be imposed upon any public officer or employee who shall, while the Assembly is in regular or special session: a. Arrest or search any member thereof except: - Such member has committed a crime punished by a penalty higher than prision mayor. (6 years and 1 day to 12 years) •• To reconcile, it must be “a penalty of prision mayor or Higher” 2. Privilege of Speech and of debate No member shall be questioned nor be held liable in any other place for any speech or debate in the congress or in any committee thereof. • Any other place – Even in Courts • But if delivered in the Senate or HR, he may be subject to Disciplinary actions. (Osmena vs. Pendaton) • Member of Congress may be held to account for such speech or debate by the HR to which it belongs

Disqualifications 1. Incompatible Office “ No Senator or Member of the HR may hold any other office or employment in the Government or any subdivision, agency, or instrumentality thereof including GOCC or their subsidiaries during his term without forfeiting his seat.” • Forfeiture of the seat shall be automatic • Except when member holds office in ex-officio capacity. 2. Forbidden Office “Neither shall he be appointed to any office which may have been created or the emoluments thereof increased during the term for which he was elected.” • The ban shall last only for the duration of the term for which the member of Congress was elected. Incompatible Seat Forbidden Office Member of Congress may be validly Even if he is willing to forfeit his office, he appointed to an incompatible office. But if he may NOT be appointed. accepts, he automatically forfeits his seat. Other Inhibitions 1. Cannot appear as counsel before any: a. Court of justice b. Electoral Tribunal c. Quasi-judicial or administrative Bodies 2. Directly or Indirectly be interested financially in any: a. Contract b. Franchise c. Privilege Granted by the Government, during his term of office • He shall not intervene in any matter before any office of the Government for his pecuniary benefit or where he may be called upon to act on account of his office. • What is prohibited is PERSONALLY appearing as counsel • Upon assumption of Office, must make a full disclosure of financial and business interest. • Notify the house of any potential conflict of interest that may arise from the filing of a proposed legislation of which they are authors. Sessions Regular

Special Once a year on the 4 Monday of July, unless Called by the President at any time, usually to consider legislative measures which the a different date is fixed by law, and shall continue for such number of days as it may president may designate in his call determine until 30 days before the opening of its next regular session, exclusive of Saturdays, Sundays and legal Holidays. th

Joint Sessions Voting Separately Voting Jointly 1. Choosing the president Revoke or extend proclamation suspending the 2. Determine President’s disability privilege of the Writ of Habeas Corpus or placing 3. Confirming nomination of the VP the Philippines under martial Law 4. Declaring the existence of state of war 5. Proposing constitutional amendments

Adjournment

​Neither House during the sessions of Congress shall, without the consent of the other

adjourn for more than 3 days, nor to any other place than that in which the 2 Houses shall be Sitting. Officers 1. Senate President 2. Speaker of the House • Majority vote of all its respective members • Each house shall choose such other officers as it may deem necessary Quorum

​Majority of each House, but a smaller number may adjourn from day to day and may compel the attendance of absent members in such manner and under such penalties as such House may determine. • The basis in determining the existence of a quorum in the Senate shall be the total number of senators who are in the country and within the coercive jurisdiction of the Senate. Discipline of members ​House may punish members for disorderly behaviour. ​Suspend a member with concurrence of 2/3 of all its members for not more than 60 days or expel a member. • Grounds for disorderly behaviour is a Political question. Records and books of account

​Preserved and open to the public in accordance with law. ​ udited by COA which shall publish annually an itemized list of amounts paid to and A expenses incurred for each member. Legislative journal and Congressional Record Matters which, under the constitution are to be entered into the journal 1. Yeas and nays on 3rd and final reading of a bill 2. Veto message of the President 3. Yeas and Nays on the repassing of a bill vetoed by the President 4. Yeas and Nays on any question at the request of 1/5 of members present •

These will prevail over enrolled Bill

Enrolled Bill Theory 1. Duly introduced and finally passed by both Houses 2. Authenticated by the proper officers of each 3. Approved by the President •• Conclusive upon the courts as regards tenor of measure passed by Congress and approved by the President. •• No nee d to look into whether the bill was duly or regularly enacted, by virtue of Separation of Powers. • Court is bound under the doctrine of Sep. Of powers by the contents of a duly authenticated measure of the legislature •• Enrolled Bill prevails over Journal Entry, except to matters which, under the Constitution are required to be entered in the Journal-such as those enumerated above. (Arroyo vs. De Venecia) Congressional Record – Each House shall also keep a Record of its proceedings. Bodies Attached to Congress 1. Electoral Tribunals •• 2 Electoral Tribunals, SET and HRET – 9 members each

​Composition -

3 SC justices – designated by the Chief Justice ( Judicial Component) 6 members of House concerned- chosen on the basis of proportional representation from political parties registered under the party-list system represented therein. (Legislative Component) Senior justice – Chairman

HRET is a non partisan-court – independent of Congress and devoid of partisan influence and consideration. Disloyalty to the party and breach of party discipline are not valid grounds for expulsion Members of HRET enjoy security of tenure

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​Power ​ ​Sole judge of all contests relating to the election, returns and qualifications of their respective members. • HRET may assume jurisdiction only after the winning candidate shall have been duly proclaimed, taken his oath, and assumed functions of office •• Decision of HRET reviewable by Certiorari under Rule 65 2. Commission on Appointments 25 Members

​Composition • • •

- Senate president – ex officio Chairman - 12 senators - 12 members of HR Only LEGISLATIVE COMPONENTS A tool for CHECKS and BALANCES

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Elected ​by each house on the basis or proportional representation from the political parties registered under the party-list system represented therein. Chairman shall not vote except in case of a tie

​ ​Powers Act on all appointments submitted to it within 30 days of Congress from their submission. Commission shall rule by a majority vote of its members Shall meet only while congress is in session at the call of chairman or a majority of all its members

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The COA is independent of the two Houses of Congress. Its employuees are not technically employees of Congress.

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Has the power to promulgate its own rules and regulations

Powers of Congress . General Legislative Power – power to propose, enact, amend and repeal laws. a. Limitations Substantive Express - Bill of Rights - On Taxation - Constitutional appellate jurisdiction of the SC - No law granting a title of royalty or nobility shall be passé

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​Implied -

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Non-delegation of powers Prohibition against passage of irrepealable laws.

​Procedural 1. Only one subject to be expressed in the title thereof Liberal Interpretation on Titles- Need not be an Index, otherwise a Kilometric Title will result. Purpose of Titles: o Prevents Riders o Prevents Hodge podge or Log Rolling o Apprise People of Subject of Legislation

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2. Three readings on separate days – except when president certifies to its immediate enactment to meet a public calamity or emergency b. Legislative Process . Requirements as to bills 1. Only one subject to be expressed in the title thereof 2. The following shall always originate from HR - Appropriation - Revenue/ Tariff Bills - Bills authorizing increase of public debt - Bills of local application - Private Bills Tolentiono vs. Secretary of Finance – Senate has the power to concur with amendments. Even Amendments by substitution. Only the BILL must originate from the HR. . 3 readings - No Bill shall become a law unless it has passed 3 readings on separate days and printed copies thereof in its final form have been distributed to its members 3 days before its passage. Except when president certifies to its immediate eneactment to meet a public calamity or emergency. • Bi-Cameral Conference Committee o Results may go beyond its mandate. o From the Bi-Cameral Committee, send the bill back to Both Houses. o No need to undergo 3 readings o Subject to votation o If Yeas Prevail • Signed by: o Senate President o Speaker of the House o Certified o Transmitted to the President which then becomes an Enrolled Bill •• If Nays Prevail o Bill is not Killed o Another Bi-cameral Committee is convened to come up with the version applicable to Both Houses.

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Approval of Bills - Bill becomes a law in any of the following cases: 1. President approves and signs the Bill 2. President Vetoes the Bill • 2 Kinds of Veto a. General Veto b. Line Veto – line veto or partial veto is invalid. It is allowed only for particular items in an appropriation, revenue or tariff bill. (Bengzon vs. Drilon) • Effects of Veto a. Does not Become a Law b. Send Back to original House with Objections • Veto is Overriden by vote of 2/3 of all its Members. • Doctrine of Inappropriate Provision • Concerns General Appropriation Bill • This is a result of vetoing an appropriate provision otherwise, the doctrine applies. • Such vetoed Inappropriate provision does not affect those which the President does not veto or object to. Such provision then becomes an “ITEM” 3. President fails to act upon the Bill 30 days from receipt • The Bill automatically becomes a Law • There is no Pocket Veto • Pocket Veto- Available in American Government where the President does not act and congress adjourns, in which case the bill does not become a law.

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Power of Appropriation - The power of the purse belongs to congress, subject only to the veto power of the president. - Power of appropriation carries with it the power to specify the project or activity to be funded under the appropriation law. It can be as broad as Congress wants it to be. . Need for appropriation No money shall be paid out of the Treasure except in pursuance of an appropriation made by law. . Appropriation Law Statute, the primary and specific purpose of which is to authorize the release of public funds from the Treasury . Classification a. General Appropriation Law – Passed annually to provide for the financial operations of the entire government during one fiscal period b. Special appropriation law – designed for a specific purpose . Implied limitations on appropriation measures a. Devoted to Public Purpose b. Sum must be determinate or at least determinable . Constitutional limitations on Special Appropriation measures a. Specify public purpose b. Supported by funds actually available as certified by National Treasurer . Constitutional Rules on General Appropriations Law a. Congress may not increase the appropriations recommended by the President b. The form, content and manner of preparation of the budget shall be prescribed by law c. No provision or enactment shall be embraced unless it relates specifically to some particular appropriation d. Strictly follow the procedure for approving appropriations for other departments and agencies e. Prohibition against transfer of appropriation f. Prohibition against appropriation for sectarian benefit g. Automatic appropriation . Impoundment – refusal by the president for whatever reason to spend funds made available by congress. Failure to spend or obligate budget authority of any type.

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Power of Taxation Limitations 1. Uniform and equitable. Progressive system of Taxation. 2. Charitable institutions etc. All lands, buildings ADE used for religious, charitable, or educational purposes exempt from taxation 3. All revenues, assets on non-stock, non-profit educational institutions used ADE for educational purposes exempt from taxes and duties 4. Law granting tax exemption shall be passed only with the concurrence of the majority of all the members of congress.

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Congressional Oversight Power 1. Legislative Scrutiny a. Budget Hearing b. Question Hour • Heads of department may upon their own initiative, with the consent of the President or upon request of either House, appear before and be heard by such House on any matter pertaining to their departments. o Own initiative – Borrowed from the Parliamentary form of Government • Executive Officers or Cabinet Members may validly refuse to appear if called without the consent of the president. This is not Mandatory.

c. Confirmation of Appointments • Nomination made by the President in the event of a vacancy in the office of VP, from among the members of Congress confirmed by a majority vote of all the members of both houses of Congress, separately. 2. Power of Legislative investigation. - Congress may conduct inquiries in aid of legislation, in accordance with duly published rules of procedure. - Rights of persons appearing therein or affected by such inquiry shall be respected. - You cannot expect congress to enact good laws if you deny it the power to investigate. - Even if this is not found in the Constitution, the power still exists as it is Inherent (Arnault vs. Nazareno)

​Limitations: ​ a. In aid of legislation b. In accordance with duly published rules of procedure c. Rights of persons appearing in or affected by such, inquiry shall be respected 3. Legislative Supervision - Scrutinize exercise of delegated law-making and permits the congress to retain such power. - Excercised through: o Legislative Veto – the legislature can block or modify administrative action taken under a statute. May be negative or affirmative. Subject to serious questions involving the principle of separation of powers. • Power to Punish contempt • May include imprisonment, for the duration of the session. Senate being a continuing body, may order imprisonment for an indefinite period. But always consider due process. • Cannot be pardoned – by virtue of separation of powers

​ 4. War Powers Vote of 2/3 of both Houses in joint session assembled, voting separately, may declare existence of a state of war. 5. Board of Canvassers in election of President - Congress may validly delegate the initial determination of the authenticity and due execution of the certificates of canvass to a joint Congressional Committee composed of The HR and of the Senate. 6. Power to call special election for President and Vice president 7. Power to judge President’s physical fitness to discharge the functions of the presidency 8. Power to revoke or extend suspension of the privilege of the Writ of Habeas Corpus or declaration of martial law 9. Power to concur in presidential amnesties. Concurrence of majority of all the members of congress. 10. Power to concur in treaties or international agreements. Concurrence of at least 2/3 of all the members of the Senate 11. Power of Impeachment 12. Power relative to natural resources

13. Power to propose amendments to the constitution

Executive Department ​“Section 1. The executive power shall be vested in the President of the Philippines.” Sec. 1 is the most powerful provision because: • It is a source of all inherent powers

• Political Authority of the president is the People U.S. Biak-na-Bato Malolos 1935 1973 1987 A

The

The

A The The (Commonwealth government eh)

The President Qualifications: 1. Natural-born citizen of the Philippines 2. Registered voter 3. Able to read and write 4. At least 40 years old on the day of the election 5. Resident of the Philippines for at least ten years immediately preceding such election Election a. Regular Election- Second Monday of May b. Congress as canvassing board c. Supreme court as Presidential Electoral Tribunal Term of Office a. No re-election- No person who has succeeded as President and has served as such for more than four years shall be qualified for election to the same office at any time. b. The 6 year term of President and Vice President is for purposes of synchronization of elections. Oath of Office

​“ I do solemnly swear 9or affirm) that I will faithfully and conscientiously fulfil my duties as President (or Vice President or Acting President) of the Philippines, preserve and defend its Constitution, execute its laws, do justice to every man, and consecrate myself to the service of the Nation. So help me GOD.” (In case of affirmation, last sentence will be omitted) • Borrowed from the US • “So help me God” – was introduced by George Washington • Clinton vs. Jones – A suit can be filed against the president if the conduct is not related to the office’s official functions • Benjamin Franklin introduced prayer in Congress in the 1787 Constitutional Convention. Privileges a. Official residence b. Salary – determined by law, shall not be decreased during tenure. No increase until after the expiration of the term of the incumbent during which such increase was approved. c. Immunity from suit – while immune from suit, president may still institute suit • Immune from civil liability • After tenure, President cannot invoke immunity from suit fro civil damages arising out of acts done by him while he was president which were not performed in the exervcise of official duties • Alter ego of president cannot invoke immunity from suit because the questioned acts are not the acts of the President but merely those of a department secretary d. Executive Privilege- the right of the president and high-level executive branch officials to withhold information from Congress, the courts and ultimately the public. • Does not Attach to the Person, but to the Act or Information

​What it covers: 1. State Secrets - Disclosure would subvert military affairs 2. Informer - Non-disclosure of identities of persons who give information 3. Generic Principles for Internal Deliberation - Recommendations, deliberations, intra-government documents, advisory opinions

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Cannot be pried open by a co-equal branch of the government Being an exemption from the obligation to disclose information, the necessity for withholding the information must be of such a high degree as to outweigh public interest – an indication of a DEMOCRATIC AND REPUBLICAN STATE

Prohibitions/Inhibitions a. Shall not receive any other emoluments from the government or any other source b. Unless otherwise provided in this Constitution, shall not hold any other office or employment • The VP may be appointed to the Cabinet without the need of confirmation by the Commission on Appointments • EO 284 which allowed cabinet members to hold two other offices in government is unconstitutional , in direct contravention of Sec. 13, Art. VII. • Executive official s may occupy posts in an ex-officio capacity without additional compensation and as required by the primary functions of the said official’s office. c. Shall not directly or indirectly: - Practice any other profession - Participate in any business - Be financially interested in any contract with or in any franchise or special privilege granted by the government d. Strictly avoid conflict of interest in the conduct of their office e. May not appoint spouse or relatives by consanguinity or affinity within the 4th civil degree as members of: - Constitutional Commissions - Office of the Ombudsman - Secretaries - Under Secretaries - Chairmen or heads of bureaus or offices, including GOCC and their subsidiaries Succession a. Vacancy at the beginning of the term: Cause Succession Death or permanent disability Vice President elect • Not merely ACTING but AS president Fails to qualify Vice President elect shall act as president until President-elect shall have qualified Not chosen Vice President elect shall act as president until a president shall have been chosen and qualified No President and vice president chosen nor President of the Senate, or in case of his shall have qualified or both shall have died inability, the Speaker of the HR shall act as or become permanently disabled president until a president and vice president shall have been chosen and qualified. In the event of inability of the officials mentioned, congress by law shall provide for a manner in which one who is to act president shall be selected until a president or VP shall have qualified. b. Vacancy during the term Cause Succession Death, permanent disability, removal from Vice President shall become the president office, resignation Death, permanent disability, removal from Senate President, in case o inability, office, or resignation of P and VP Speaker of HR shall act as President until a P or VP shall be elected and qualified. Congress by law, shall provide for the manner in which one is to act as President in the event of inability of the officials mentioned above. c. Temporary disability • President transmits to the Senate President and the Speaker his WRITTEN

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DECLARATION that he is unable to discharge the powers and duties of his office. Until he transmits to them written declaration to the contrary, such powers and duties shall be discharged by the VP as acting President

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Majority of all the members of the Cabinet transmits to the Senate president and the Speaker their written declaration that the president is unable to discharge the powers and duties of his office, VP shall immediately assume powers and duties of the office as ACTING PRESIDENT

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When president transmits to the Senate President and Speaker his written declaration that no inability exists, he shall reassume the powers and duties of his office.

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Within 5 days, majority of the members of the Cabinet transmit to the Senate president and Speaker their written declaration that the president is unable to discharge the powers and duties of his office, Congress shall decide the issue.

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For this purpose, the Congress shall convene, if not in session, within 48 hours.

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If within 10 days from receipt of the last written declaration or;

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If not in session, within 12 days after it is required to assemble, Congress determines by a 2/3 vote of both Houses, voting separately that the president is unable to discharge the powers and duties of his office, the VP shall act as President.

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Otherwise the president shall continue exercising the powers and duties of his office

d. Constitutional duty of Congress in case of vacancy in the offices of President and VP 1. At 10:00 AM of the 3rd day after the vacancy occurs 2. Congress shall convene without the need of a call 3. Within 7 days enact a law calling for a special election to elect a president and VP 4. To be held not earlier than 45 nor later than 60 days from the time of such call 5. The Bill shall be deemed certified and shall become law upon its approval on third reading by Congress 6. Convening of Congress cannot be suspended nor the special election postponed 7. No special election shall be called if the vacancy occyrs within 18 month before the date of the next presidential election. Removal of the President

​Impeachment Article XI Sec. 2 Who may be impeached? 1. President 2. VP 3. Members of SC 4. Members of Constitutional Commissions 5. Ombudsman On what ground? 1. Culpable violation of the Constitution 2. Treason 3. Bribery 4. Graft and Corruption 5. Other high crimes 6. Betrayal of public trust Sec. 3 Who may initiate case of impeachment?

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Only the House of Representatives/citizen upon resolution or endorsement by any member of the HR What is the process of impeachment?

Inquiry of Resolution

Impeachment

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​Direct

​Resolution Any member of the HR or Citizen of the Philippines upon resolution or endorsement by any member of the HR Include inFILES the A order VERIFIED of COMPLAINT business of HR within 10to Referred session days JUDICIARY COMMITTEE within 3 session days Judiciary committee HOLDS HEARINGS and INVESTIGATE S CHARGES

COMMITTEE after hearing and MAJORITY VOTE of all its members SUBMITS REPORT to HR within 60 session days

At least 1/3 of all members of the HR file a VERIFIED COMPLAINT OR RESOLUTION

CALENDARED with resolution for CONSIDERATI ON by HR within 10 session daysof At least 1/3 all members of HR AFFIRMS or OVERRIDES Article of ARTICLES OF IMPEACHMENT is SENT to the SENATE which have Impeachment the sole power to try and decide all cases of impeachment. Prosecutors: Fixed number of members of HR Jurors: FULL SENATE When the President of the Philippines is on trial, the Chief Justice of the Supreme Court shall preside, but shall not vote.

SENATE VOTES in OPEN SESSION on each Articles of Impeachment

CONVICTION upon concurrence of 2/3 vote of ALL the MEMBERS OF THE SENATE

Powers of the President • Not limited merely to the provisions of the Constitution.

1.

Executive Power a. Power to enforce and administer the laws. b. As the administrative head of the Government, the President is vested with the power to execute, administer and carry out laws into practical operation. c. Power of carrying out the laws into practical operation and enforcing their due observance • Authority to reorganize the Office of the President by virtue of Administrative Code of 1987 (EO 292). Sec. 31 (1) ​ President Proper Sec. 31 (2) (3) Outside of the Office of President Proper Abolishing, consolidating or merging units Limited to merely transferring functions or or by transferring functions from one unit agencies from the Office of the President to to another Departments or Agencies and vice versa

2. Appointments Appointment – selection, by authority vested with the power, of an individual who is to exercise the functions of a given office. Designation – the imposition of additional duties, usually by law, on a person already in the public service. Commission – written evidence of appointment Classifications of Appointments Permanent Temporary Extended to persons possessing the Given to persons without such eligibility, qualifications and requisite eligibility and are revocable at will and without the necessity of thus protected by Security of Tenure just cause or a valid investigation made on the understanding that the appointing power has not yet decided on a permanent appointee and that the temporary appointee maybe replaced at any time a permanent choice is made. Regular Ad Interim “In the mean time” One made by the president while Congress is in One made by the president while congress is session takes effect only after confirmation by not in session, takes effect immediately, but the Commission on Appointments. Once ceases to be valid if disapproved by the approved continues until the end of term of the Commission on Appointments or upon the next appointee adjournment of Congress. NOMINATES not appoint Appoints Appointment is not immediately executory- Appointment is Immediately executory- but awaits the confirmation of the Commission on RESOLUTORY. Appointments. • Summers vs. Ozaeta – Ad interim appointments are permanent. But conditional, subject to disapproval. • Matibag vs. Benipayo – appointment cannot be withdrawn once qualified. Ad interim appointments are permanent until disapproved during the next session of congress. APPLICABLE ONLY WHEN APPOINTMENT REQUIRES CONFIRMATION

Such as: 1. Provided by Constitution: a. Heads of Executive Departments • Except Vice President b. Ambassadors or other public ministers and consuls c. Officers of the armed forces from the rank or colonel or naval captain • Not applicable to PNP, as the same is under the DILG d. Those other officers whose appointments are vested in him in the Constitution. (Sarmiento vs. Mison)- Such as: i. Members of the Constitutional Commission ii. 4 regular members of the JBC • Calderon vs. Carale – The enumeration is exclusive, congress may not amend to add/ reduce. 2. Officers whose appointments are not provided by law 3. Vested by Congress Steps in appointing process 1. Nomination by the President 2. Confirmation by the Commission on Appointments 3. Issuance of the commission 4. Acceptance by the appointee Discretion of Appointing Authority

​Appointment is essentially a discretionary power and must be performed by the officer in which it is vested according to his best lights, the only condition being that the appointee should possess the minimum qualifications. ​Discretion also includes determination of the nature or character of the appointment. Special Constitutional Limitations on the President’s appointing power: 1. Nepotism - May not appoint his spouse and relatives by consanguinity or affinity within the fourth civil degree as Members of the Constitutional Commissions, as ombudsman, or as Secretaries, undersecretaries, chairmen or heads or bureaus or offices, including GOCC 2. Appointments by ACTING president shall remain effective unless revoked by the ELECTED president within 90 days from his assumption of office 3. 2 months immediately before the next presidential elections, and up to the end of his term, a President or acting President shall NOT make appointments except temporary appointments to executive positions when continued vacancies will prejudice public service or endanger public safety • IN RE: Valenzuela/ Vallerta – The prohibition is directed against 2 appointments: 1. Buying Votes – The so-called Midnight Appointments 2. Partisan Consideration - pre-empting the president of prerogative of incoming president • De Castro vs. JBC – Will not apply to Judicial Appointments. BUT take note, this does not fall under the EXCEPTIONS. 3.

The power of removal

​General Rule: Implied from the power of appointment. For cause and in accordance with prescribed administrative procedure. ​Exception: When constitution prescribes certain methods for separation of such officers from public service. 4.

The power of control

​Control – power of an officer to alter or modify or nullify or set aside what a subordinate officer had done in the performance of his duties and to substitute his judgement for that of the latter’s. ​Supervision – overseeing, or the power or authority of an officer to see that subordinate officers perform their duties and if the latter fail or neglect to fulfil them, then the former may take such action or steps as prescribed by law to make them perform these duties. Power of General Supervision over local governments - Can only interfere in the affairs and activities of a local government unit if he or she finds that the latter had acted contrary to law. • Ganzon vs. CA – Investigation s not inconsistent with General Supervision Alter Ego Principle

•• Headed by Cabinet Secretaries

​“Doctrine of qualified political agency” ​Recognizes: 1. The establishment of a single executive and administrative organizations are adjuncts of the Executive Department; 2. The heads of the various executive departments are assistants and agents of the Chief Executive 3. Except in cases where Chief executive is required by the constitution or law to act in person or the exigencies of the situation demand that he act personally, the administrative functions are performed by and through the executive departments and the acts of the Secretaries of such departments performed and promulgated in the regular course of business are, unless disapproved or reprobated by the Chief Executive presumptively the acts of the Chief executive. Administrative Code of 1987 Executive Department Bureau Office Any Executive Departments Principal Subdivision of Major Functional Unit of created by Law Department Department/ Bureau Ex. DILG Ex. PNP Ex. Regional Offices of PNP Appeal

​Decisions of subordinate executive officers are appealable to the President. This completes the exhaustion of administrative remedies. ​Except when the doctrine of qualified political agency applies in which case the decision of the cabinet secretary carries the presumptive approval of the president then there is no need to appeal the decision to the president in order to complete exhaustion of administrative remedies. 5.

Military Powers

​The President shall be the commander in chief of all armed forces of the Philippines and whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion. In cases of invasion or rebellion, when the public safety requires is, he may, for a period not exceeding 60 days, suspend the privilege of the writ of habeas corpus or palce the Philippines or any part thereof under martial law. Calling-out powers Suspension of the Privilege of Martial Law the Writ of Habeas Corpus Grounds: Grounds: Grounds: a. Lawless violence b. Invasion a. Invasion, when public a. Invasion, when c. rebellion safety requires it public safety • IBP vs. Zamora – b. Rebellion, when public requires it The calling out safety requires it b. Rebellion, when power is a political public safety question. The Duration: 60 days, following requires it discretion solely which, it shall be lifted by vested in the congress. Duration: 60 days, following President. which, it shall be lifted by Procedure: congress. 1. President Reports action to congress Procedure: PERSONALLY or in 1. President Reports WRITING within 48 action to congress hours. PERSONALLY or in 2. Congress may revoke or WRITING within 48 extend effectivity of hours. proclamation by a 2. Congress may revoke or MAJORITY VOTE of extend effectivity of ALL its members proclamation by a VOTING JOINTLY. MAJORITY VOTE of 3. SC may review in an ALL its members appropriate proceeding VOTING JOINTLY. filed by ANY citizen 3. SC may review in an the sufficiency of the appropriate proceeding factual basis of the filed by ANY citizen

suspension. 4. SC must promulgate decision within 30 days from filing. 5. Does not impair the right to bail 6. Suspension applies to those JUDICIALLY charged for rebellion or offenses inherent in or directly connected with invasion. 7. Any person arrested shall be judicially charged within 3 days, otherwise released.

Political Question

Justiciable Question

the sufficiency of the factual basis of the proclamation 4. SC must promulgate decision within 30 days from filing. 5. Does not impair the right to bail 6. Suspension applies to those JUDICIALLY charged for rebellion or offenses inherent in or directly connected with invasion. 7. Any person arrested shall be judicially charged within 3 days, otherwise released. Justiciable Question

•• Olaguer Doctrine – Even during Martial Law, military courts cannot try civilians when civil courts are able to function. Commander-in chief Clause

a. The president shall be the commander in chief of the Philippines. • Ability of the President to require a military official to secure prior consent before appearing in congress • Most crucial to the democratic way of life, to civil supremacy over the military, and to the general stability of our representative system of government. b. To call out such armed forces to prevent or suppress lawless violence, invasion or rebellion c. The power to organize courts martial for the discipline of the members of the armed forces, create military commissions for the punishment of war criminals.

6.

Pardoning Power

​Except in cases of impeachment, or as otherwise provided in the constitution, the president may grant reprieves, commutations, and pardons, and remit fines and forfeitures, after conviction by final judgment. He shall also have the power to grant amnesty with the concurrence of a majority of all the members of the Congress. ​ Pardon Commutation Act of grace Reduction or which exempts the Mitigation of the individual on penalty whom it is bestowed from punishments President cannot grant pardon on disciplined judges as this is an encroachment on the power of the SC.

Reprieve Parole Amnesty Postponement of Release from Act of grace execution of the imprisonment, but concurred in by DEATH penalty. without full the legislature, restoration of usually extended liberty. to groups of persons who Remit FInes committed political offenses, which puts into oblivion the offense itself No need for Conviction by Final Juedgment

​ Discretionary upon the president and may not be controlled by the legislature, reversed by the courts unless there is a constitutional violation. Limitations on Exercise 1. Cannot be granted in cases of impeachment ​ •

2. Cannot be granted in cases of violation of election laws without the favourable

recommendation of the COMELEC Can be granted only after conviction by final judgment Cannot be granted in cases of legislative contempt or civil contemot Cannot absolve the convict of civil liability Cannot restore public offices forfeited

3. 4. 5. 6.

Classifications of Pardon 1. Plenary or Partial 2. Absolute or Conditional Amnesty • Totally extinguishes criminal liability • One must admit his guilt of the offense covered by the proclamation Amnesty Pardon Political Offenses Infractions of peace of the State Classes of Persons Individuals No need for distinct acts of acceptance Acceptance necessary Requires concurrence of Congress Does Not Public Act which the courts may take judicial Private Act which must be pleaded and proved notice of – because this is the official act of the president Looks backward and puts into oblivion the Looks forward and relieves the pardonee of the offense consequences of the offense Monsanto vs. Factoran: Pardonee is not Llamas vs. Orbos: Pardon is also available to entitled to reinstatement/ backwages because one guilty of administrative offense, there is no the pardon only extinguishes the penalty, but distinction by the constitution. she is still a convict.

7.

Borrowing Power

​The president may contract or guarantee foreign loans on behalf of the Republic. 1. Prior concurrence of Monetary Board 2. Subject to limitations under the law 3. MB shall within 30 days from the end of every quarter, submit to the congress a complete report of its decisions on applications for loans which would have the effect of increasing the foreign debt. 8. Diplomatic Power •• Treaty-making power.

​No treaty or international agreement shall be valid and effective unless concurred in by at least 2/3 of all the members of the SENATE. Treaty International Agreement Involves political issues or changes of national Adjustment of details carrying out well policy established national policies and traditions Involving international agreements of a Involving international agreements of a more or permanent character less temporary nature Formal documents require ratification Binding through executive action Ratified by the SENATE Not subject to concurrence of the SENATE Same Binding Effects (BAYAN vs. ZAMORA)

•• Exchange of Notes – Form of Executive agreement. So it is binding without the need of the vote of senate. •• BAYAN vs. Zamora – VFA is a treaty not a mere executive agreement A quagmire was faced as to which constitutional provision should govern: Art. XVIII, Sec. 25 – “ After the expiraration in 1991 of the Agreement between the RP and the US concerning military bases, foreign military troops, bases, facilities shall not be allowed in the Philippines except under a treaty duly concurred in by the senate and when the congress so requires, ratified by a majority of the votes cast by the people in a national referendum held for that purpose, and recognized as treaty by the other contracting state. Art. VII, Sec. 21 – “No treaty or international agreement shall be valid and effective unless concurred in by at least 2/3 of all the members of the SENATE.” Art. XVIII, Sec. 25 is applicable as it is a special provision applicable to treaties involving military bases. 9. Budgetary Power 1. President shall submit to congress within 30 days from the opening of every regular session as the basis of General Appropriations Act 2. A budget expenditures and sources of financing, including receipts from existing and proposed revenue measures •• Congress cannot increase, only reduce budget. 10. Informing Powers

​The president shall address the congress at the opening of its regular session. He may also appear before it at any other time. • SONA – 4th Monday of July •• Instances when the congress may convene without the call of the president: 1. Martial Law 2. Suspension of privilege of writ of Habeas Corpus 3. Impeachment cases 4. Canvassing elections for President and Vice President 5. Schedule Special elections for President and Vice President. Other Powers 1. Call congress to a special session 2. 3. 4. 5. 6. 7. 8.

Power to approve or veto bills Consent to deputation of government personnel by the COMELEC Discipline such deputies Emergency powers, tariff powers delegated by the Congress Genereal supervision over LGU and autonomous regional governments Unstated Residual Powers (Marcos vs. Manglapus) Power of Impoundment – refusal of the president for whatever reason to spend funds appropriated by congress.

Vice President Qualifications: 1. Natural-born citizen of the Philippines 2. Registered voter 3. Able to read and write 4. At least 40 years old on the day of the election 5. Resident of the Philippines for at least ten years immediately preceding such election Election a. Regular Election- Second Monday of May b. Congress as canvassing board c. Supreme court as Presidential Electoral Tribunal Term of Office

​6 years. But no VP shall server for more than 2 successive terms. •

In case of vacancy, President shall nominate a Vice president from among the members of the Senate and the HR who shall assume office upon confirmation by a majority vote of all the members of both Houses of Congress voting separately.

Judicial Department • •

The Least Dangerous Branch of the Government – because it possesses neither the power of purse nor the sword. Yet, is important because of the power of Education and Judgment. Sec. 1 – Judicial Power shall be vested in ONE supreme court and in such lower courts as may be established by law. Constitutional Court – Supreme Court Statutory Courts: 1. CA 2. RTC 3. MTC, MeTC, MCTC 4. Sandiganbayan 5. Sharia

Judicial Power

​Includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the government. (Introduced by Robert Concepcion) • 2 types of Judicial Power 1. Traditional – settle actual controversies involving rights which are legally demandable and enforceable 2. Expanded- determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the government. • Powers to amend and control its processes and orders includes the right to reverse itself. • SC can look into factual basis Where Vested

​In one Supreme Court and in such lower courts as may be established by law • •

SC was called “Supreme Council of Grace and Justice in the Bia-na-Bato Constitution Called the “Supreme Court” in Malolos Constitution

Jurisdiction

​The power to hear and decide a case Congress has the power to define, prescribe and apportion the jurisdiction of the various courts, but may not deprive the SC of its jurisdictions over cases Section 5. The Supreme Court shall have the following powers: 1. Exercise original jurisdiction over cases affecting ambassadors other public ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus. •

​2. Review, revise, reverse, modify, or affirm on appeal or certiorari as the law of the Rules of Court may provide, final judgments and orders of lower courts in: a. All cases in which the constitutionality or validity of any treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation is in question. b. All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto. c. All cases in which the jurisdiction of any lower court is

in issue. d. All criminal cases in which the penalty imposed is reclusion perpetua or higher. e. All cases in which only an error or question of law is involved. 3. Assign temporarily judges of lower courts to other stations as public interest may require. Such temporary assignment shall not exceed six months without the consent of the judge concerned. 4. Order a change of venue or place of trial to avoid a miscarriage of justice. 5. Promulgate rules concerning the protection and enforcement of constitutional rights, pleading practice, and procedure in all courts, the admission to the practice of law, the Integrated Bar, the legal assistance to the underprivileged. Such rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts of the same grade, and shall not diminish, increase, or modify substantive rights. Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court. 6. Appoint all officials and employees of the Judiciary in accordance with the Civil Service Law. •

No law shall be passed increasing the appellate jurisdiction of the SC as provided in the Constitution without its advice and concurrence

Constitutional Safeguards 1. SC is a constitutional body, it may not be abolished by the legislature 2. Members of the SC are removable only by impeachment 3. SC may not be deprived of its minimum original and appellate jurisdiction. While appellate jurisdiction may not be increased without its advice and concurrence. 4. Supreme Court has administrative supervision over all inferior courts and personnel 5. SC has the exclusive power to discipline judges/justices of inferior courts 6. Members of the Judiciary have security of tenure 7. Members of the Judiciary may not be designated to any agency performing quasi-judicial or administrative functions 8. Salaries of judges may not be reduced, the judiciary enjoys fiscal autonomy • Fiscal Autonomy – Full flexibility to allocate and utilize their resources with the wisdom and dispatch that their needs require. 9. The SC alone may initiate and promulgate the Rules of Court 10. The SC alone may order temporary detail of judges 11. The SC can appoint all officials and employees of the judiciary Power of Judicial Review 1. Judicial Review – Power of the courts to test the validity of executive and legislative acts in light of their conformity with Constitution. This is not an assertion of superiority by the courts over the other departments but merely an expression of the supremacy of the Constitution 2. Judicial Power – includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable and determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality. Functions 1. Checking 2. Legitimating 3. Symbolic Requisites 1. Actual Case or controversy – conflict of legal rights, an assertion of opposite legal claims which can be resolved on the basis of existing law and jurisprudence. • A request for advisory opinion is not an actual case or controversy. • ICJ may render advisory opinions a. To resolve contention cases b. Directed to General Assembly, Security Council, other organs of the UN. • Must not be moot and academic - One that ceases to present a justiciable controversy by virtue of supervening events

Exceptions to the rule on Mootness: a. Grave violation of the Constitution b. Exceptional Character of the situation and paramount public interest is involved c. Constitutional issues raised require formulation of principles to guide the bench, the bar and the public d. Case is capable of repetition yet evasive of review. 2. Question must be raised by a proper party – One who has sustained or is in imminent danger of sustaining an injury as a result of the act complained of. “Locus Standi” - Locus Standi – a right of appearance in a court of justice on a given question. - Direct Injury Test – a person who impugns the validity of a statute must have a personal and substantial interest in the case such that he has sustained or will sustain direct injury as a result. - Liberal Approach: a. Constitutional Issues b. Taxpayers – claim of illegal disbursement of public funds c. Voters – obvious interest in the validity of the election law d. Concerned citizens – transcendental importance e. Legislators – Official action complained of infringes their prerogatives as legislators - Facial Challenge – exception to the rule that a party can question the validity of a statute only if as applied to him is unconstitutional. May be invoked only to challenge a statue when it operates in the area of freedom of expression. - Overbreadth Doctrine – permits a party to challenge the validity of a statue even though, as applied to him, it is not unconstitutional but may be to others. - Void-for-Vagueness – a law is facially invalid if men of common intelligence must necessarily guess at its meaning and differ as to its application. 3. Raised at the earliest opportunity – Pleadings 4. Decision of Constitutional question is determinative of the case itself – on the basis of Separation of Powers.

Political Questions Types 1. Decided by the People in their Sovereign Capacity a. LGC, the power of Recall – Political question of the first type. (Evardone vs. COMELEC) b. People’s Revolution – • Lawyer’s League of the Philippines vs. Cory Aquino – SC no longer has the power to inquire into the motives of the people in going to EDSA as the international community has already given it a de jure status and Cory government took control of the government without resistance • Estrada vs. Desierto – Lawyer’s league ruling is not applicable because: Lawyer’s league vs. Cory Aquino Estrada vs. Desierto Cory Government was established in GMA took her oath under the 1987 defiance of 1973 constitution constitution Revolutionary Government- it orbits out of Not a revolutionary government the constitutional loop EDSA 1 was extra-constitutional EDSA 2 was intra-constitutional Political Question Legal Question Not subject to judicial review Subject to judicial review 2. Full discretion is delegated to the Executive/Congress a. Calling-out power – unclouded intent of the constitution to delegate such power to the president. 1. Does not tie the hands of the president 2. Unless it can be shown that such power was gravely abused, it shall not be subject to judicial review. • Randy David vs. GMA – GMA used the “calling out power” to suppress lawless violence. Now generally, this should remain as a Political question. However it fell into the ambit of expanded jurisdiction of the Supreme Court because the acts prohibited by GMA clearly showed grave abuse of discretion. HOWEVER, the blunder of the petitioners is that the FAILED to show such grave abuse of discretion.

Appointment to Judiciary Qualifications 1. Of proven competence, integrity, probity and independence 2. SC a. Natural Born citizen b. At least 40 years of age c. 15 years or more a judge of a lower court or engaged in the practice of law in the Philippines 3. Lower Collegiate Courts a. Natural Born citizen b. Member of the Philippine Bar c. Congress may prescribe other qualifications 4. Lower Courts a. Citizen of the Philippines b. Member of Philippine Bar c. Congress may prescribe other qualifications Procedure for Appointment 1. Appointed by the President of the Philippines from among a list of at least three nominees prepared by the Judicial Bar Council for every vacancy the appointment shall need no confirmation 2. Any vacancy in the SC shall be filled within 90 days from the occurrence thereof 3. For lower courts, the President shall issue the appointment within 90 days from submission by the JBS of such list Judicial and Bar Council • Recommend and Screen Judges • In 1935 and 1973 constitutions, the role belonged to Commission on Appointments Composition 1. Ex-officio members a. Chief justice – Chairman b. Secretary of Justice c. Representative of Congress •

Does not require confirmation 2. Regular members

a. Representative of the IBP b. Professor of Law c. Retired Justice of SC d. Representative of private Sector • Requires confirmation Appointment

​Regular members – appointed by the President for a term of 4 years with the consent of Commission on Appointments. Powers/Functions 1. Principal function of recommending appointees to the judiciary 2. May exercise such other functions and duties as the SC may assign it The Supreme Court Composition 1. A chief justice 2. 14 Associate Justices • May sit en banc or in its discretion, in divisions of 3, 5 or 7 members • Any vacancy shall be filled within 90 days from occurrence thereof En banc/division cases En banc 1. All cases involving the constitutionality of treaty, international or executive agreement or law 2. Constitutionality, application or operation of presidential decrees, proclamations, orders, instructions,, ordinances and other egulations Division

•

Other cases or matters may be heard in division and decided or resolved with the concurrence of a majority of the members who actually took part in the deliberations on the issues and voted thereon, but in no case without the concurrence of at least 3 such members.

Powers 1. Adjudicative Power Original Jurisdiction 1. Cases affecting ambassadors, other public ministers and consuls 2. Petitions for certiorari, prohibition, mandamus, quo warranto and habeas corpus

​Appellate Jurisdiction 1. All cases in which the constitutionality or validity of any treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance or regulation is in question 2. All cases involving the legality of any tax, impost, assessment or toll, or any penalty imposed in relation thereto 3. All cases in which the jurisdiction of any lower court is in issue 4. All criminal cases in which the penalty imposed is reclusion perpetua or higher 5. All cases in which only an error or question of law is involved 2. Temporary assignment of judges

​Assignment shall not exceed six months without the consent of the judge concerned Order change of venue ​To avoid miscarriage of justice 3. Rule Making Power

​Promulgate rules concerning the protection and enforcement of constitutional rights pleading, practice and procedure in all courts, the admission to the practice of law the IBP and legal assistance to the underprivileged • Rules of Court • Legal Ethics • Writs • MCLE ​Limitations 1. Provide a simplified and inexpensive procedure for the speedy disposition of cases 2. Must be uniform for all courts of the same grade 3. Must not diminish, increase or modify substantial rights

​Integrated Bar – State-organized Bar, to which every lawyer must belong as distinguished from a bar association organized by individual lawyers themselves, membership In which is voluntary. 4. Writ of Amparo

​Effective and inexpensive instrument for the protection of constitutional rights. Of Mexican Origin and spread throughout the Western Hemisphere where it gradually evolved into various forms, depending on the particular needs of each country. ​Available to any person whose right to life, liberty and security is violated or threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity. ​Sec. 14 of the Rule allows the grant by the court of interim reliefs, which may either be a temporary protection order, inspection order, production order or a witness protection order ​No writ of amparo may be issued unless there is a clear allegation of the supposed factual and legal basis of the right sought to be protected. ​Shall not issue when applied for as a substitute for the appeal or certiorari process or when it will inordinately interfere with these processes. 5. Writ of Habeas Data I​ ndependent remedy to protect the right to privacy, especially the right to informational privacy.

​Remedy available to any person whose right to privacy in life, liberty or security is

violated or threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity engaged in the gathering, collecting, or storing of data or information regarding the person, family, honor and correspondence of the aggrieved party.

6. Power of Appointment

​SC appoints all officials and employees of the Judiciary in accordance with the Civil Service Law 7. Power of Administrative Supervision ​SC shall have administrative supervision over all courts and the personnel thereof 8. Annual Report

​SC shall submit within 30 days from the opening of each regular session of Congress, to the President and to Congress an annual report on the operations and activities of the Judiciary Consultations/Decisions of SC a. Conclusion is any case submitted to it for decision shall be reached in consultation before the case is assigned to a member for the writing of the opinion of the court.

​A certification to this effect signed by the Chief Justice shall be issued. ​This requirement is also applicable to lower collegiate courts •

Not applicable to administrative cases

•

b. Decision shall state clearly and distinctly the facts and the law on which it is based Not applicable to minute resolution dismissing a petition for habeas corpus, certiori or mandamus, provided a legal basis is given Not applicable to administrative cases.

•

Memorandum decisions

•

​Valid as it adopts by reference the findings of fact and conclusions of law contained in the decisions of inferior tribunals. ​On the ground of expediency, practicality, convenience and docket status of the courts.

​It cannot incorporate findings of fact and the conclusions of the law by lower courts only by means of remote reference which is to say that the challenged decision is not easily and immediately available to the person reading the memo decision. ​Memorandum should actually embody the findings of facts and conclusions of law of the lower court in an annex attached to and made an indispensable part of the decision. c. No petition for review or motion for reconsideration shall be refused due course or denied without stating the legal basis therefor. Tenure of Judges/ Justices 1. SC justices may be removed only be impeachment 2. Lower court judges shall hold office during good behaviour until they reach the age of 70 years or become incapacitated to discharge the duties of their office. a. SC en banc shall have the power to discipline judges of lower courts, or order their dismissal by a vote of a majority of the members who actually took part in the deliberations on the issues and voted thereon. b. No law shall be passed reorganizing the judiciary when it undermines the security of tenure of its members. Salaries

​Fixed by law, may not be decreased during their continuance in office. Periods for Decision 1. All cases filed after the effectivity of the Constitution must be decided or resolved from date of submission within: - SC: 24 months

- Lower Collegiate Courts 12 months - All lover courts: 3 months 2. Despite expiration of the mandatory period, the court, without prejudice to such responsibility as may have been incurred in consequence thereof, shall decide or resolve the case or matter submitted to it without further delay. - The court does not lose jurisdiction over the case despite the lapse of the mandatory period, but the erring judge or justice may be subjected to administrative sanctions for the delay

Constitutional Commissions 1935 • •

COMELEC General Auditing Office

1973 • • •

COMELEC COA CSC

1987 • COMELEC • COA • CSC

General Provisions The independent constitutional commissions are: 1.

Civil Service Comm 2. COMELEC ​ 3. Commission on Audit

​

Safeguards ensuring the independence of Commissions: 1. 2. 3. 4. 5. 6. 7. 8. 9.

They are constitutionally created; may not be abolished by statute Independent Conferred w/ powers which cannot be reduced by statute Chairmen & mem. may not be removed (except by impeachment) Fairly long term- 7 yrs Chairmen and mem. May not be reappointed or appointed in an acting capacity Salaries- relatively high, may not be decreased during continuance in office Fiscal autonomy May promulgate its own procedural rules, provided they do not diminish, increase, modify substantive rights (though subject to disapproval by SC) 10. Chairmen & mem- subject to certain disqualifications 11. May appoint their own officials/ employees in accordance w/ Civil Service Laws INHIBITIONS/ DISQUALIFICATIONS Shall not, during tenure: 1. Hold any other office/ employment 2. Engage in practice of any profession 3. Engage in active management/ ctrl of any business w/c in any way may be affected by the functions of his office 4. Be financially interested in any contract w/, or in any franchise/ privilege granted by the gov’t/ subdivisions/agencies

Rotational scheme of Appointments:

​First appointees shall serve terms of 7, 5, and 3 years. After 1

st

commish are appointed, the rotational scheme is intended to prevent the possibility of 1 President appointing all the Commissioners

Decisions a. Shall be by majority vote of ALL its members & decided w/in 60 days from the date of submission for decision (if it’s a case) or resolution (if it’s a matter) b. Any decision, order or ruling of each Commission may be brought to SC on certiorari by the aggrieved party w/in 30 days from receipt of a copy thereof. Enforcement Of Decision

​Final decisions of the CSC are enforceable by a writ of execution that the CSC may itself issue

CIVIL SERVICE COMMISSION Composition: Chairman + 2 Commissioners1. Natural born citizens 2. At least 35 y/o at the time of appointment 3. Proven capacity for public administration 4. Must not have been candidates for any elective position in the election immediately preceding appointment 5. Appointed by the President w/ consent of Commission on Appointments for a term of 7 yrs w/o reappointment 6. In no case shall any member be appointed or designated ina temporary or acting capacity Constitutional Objectives/ Functions

​As the central personnel agency of the Gov’t: 1. To establish a career service & adopt measures to promote morale, efficiency, integrity, responsiveness, progressiveness, and courtesy in the civil service. 2. To strengthen the merit & rewards system, integrate all human resources development programs for all levels and ranks and to institutionalize a management climate conducive to public accountability [Sec. 3, Art. IX- B] •

Enjoys a wide latitude of Discretion and may not be compelled by mandamus to issue such eligibility.

•

Under the Administrative Code of 1987, the CSC has the power to hear & decide administrative cases instituted before it directly or on appeal, including contested appointments. The Omnibus Rules implementing the Administrative Code provides, among others, that notwithstanding the initial approval of an appointment, the same may be recalled for violation of other existing Civil Service laws, rules and regulations. The power of CSC includes the authority to recall an appointment initially approved in disregard of applicable provisions of the CS law & regulations [Mathay v. CSC] Commission has orig jurisdiction to hear & decide a complaint for cheating in the Civil Service examinations committed by gov’t employees. The fact that the complaint was filed by the CSC itself does not mean that it cannot be an impartial judge. [Cruz v. CSC] No appellate jurisdiction incase of separation from government service

• •

Scope Of Civil Service

​All branches, subdivisions, instrumentalities and agencies of the Gov’t including GOCC w/ original charters. [Sec. 2 (1) Art. IX B] Classes Of Service .

Career Service

•

Characterized by entrance based on merit and fitness to be determined, as far as practicable by competitive examinations, or based on highly technical qualifications; Opportunity for advancement to higher career positions; and security of tenure.

•

​

Positions Included in Career Service: a. Open career positions where prior qualification in an appropriate examination is required b. Closed career positions, e.g., scientific or highly technical in nature c. Career Executive Service, e.g., undersecretaries, bureau directors, etc d. Career Officers (other than those belonging to the Career Executive Service) who are appointed by the President, e.g., those in foreign office e. Positions in the AFP, although governed by separate merit system f. Personnel of GOCC w/ orig charters g. Permanent laborers whether skilled, semi-skilled, or unskilled Security of Tenure in the Career Executive Service, requisites: 1. Career executive service eligibility 2. Appointment to the appropriate career executive service rank •

It must be stressed that the security of tenure of employees in the career executive service (except first & second level employees in the civil service) pertains only to rank and not to the office or to the position to which they may be appointed. Thus, a career executive officer may be transferred or reassigned from 1 position to another w/out losing his rank w/c follows him wherever he is transferred or reassigned.

B. Non-Career Service (NCS) Characterized by 1. Entrance on bases other than those of the usual tests utilized for the career service 2. Tenure limited to that specified by law or which is coterminous with that of the appointing authority or subject to his pleasure, or 3. Which is limited to duration of a project for w/c purpose the employment was made. Officers & Employees Embraced in NCS: 1. Elective officials 2. Department heads and officials of Cabinet rank who hold office at the pleasure of the President, & their personal & confidential stuff 3. Chair & mem. Of commissions and boards w/ fixed terms of office 4. Contractual personnel or those whose employment in the government is in accordance w/ a special contract to undertake a specific work or job requiring special or technical skills not available in the employing agency, to be accomplished w/in a specific period not exceeding 1 year, under their own responsibility, w/ the minimum direction & supervision 5. Emergency & seasonal personnel

Appointments In The Civil Service

​Made only according to merit & fitness to be determined as far as practicable, and except to positions w/c are policy determining, primarily confidential, or highly technical, by competitive examination [Sec. 2 (2) Art. IX-B] •

Permanent appointment can issue only to a person who possesses all the requirements for the position to which he is appointed. An exception to this rule is where, in the absence of appropriate eligibles, he or she may be appointed temporarily for a period of 12 months.

​Exempt from competitive examination 1. Policy determining ​ where

officer lays down principal or fundamental guidelines or rules or formulates method of action for gov’t or any of its subdivisions e.g. department head 2. Primarily Confidential denoting not only confidence in the aptitude of the appointee for the duties of the office but primarily close intimacy w/c ensures freedom of intercourse w/out embarrassment or freedom from misgivings or betrayals on confidential matters of the state; or one declared to be so by the President upon recommendation of CSC 3. Highly Technical- requires possession of technical skills or training in a superior degree. e.g. PNB legal counsel Discretion Of Appointing Authority

​Appointing authority has the right of choice w/c he may exercise freely according to his best judgment, deciding for himself who is best qualified among those “eligibles”. Final choice of appointing authority should be respected and left undisturbed. Role of Csc

​Check if the appointee possesses the qualifications and appropriate eligibility. If he does, his appointment is approved; it is not, if disapproved. The committees work is recommendatory and does not fix a stringent formula regarding the mode of choosing from among thee candidates. Disqualifications a. No candidate who has lost in any election shall, w/in 1 yr after such, be appointed to any office in the GOV’T/ gocc [Sec 6, Art IX B] b. No elective official shall be eligible for appointment or designation in any capacity to any public office or position during his tenure [Sec 7 (1) Art. IX B] c. Unless otherwise allowed by law or by the primary functions of his position, no appointive official shall hold any other office or employment in the Gov’t or any subdivision, agency, instrumentality, including GOCC/ subsidiary [Sec 7 (2) Art IX-B] Security Of Tenure • No officer or employee of the CS shall be removed or suspended except for cause provided by law [Sec 2 (3) Art IX B] • Unconsented transfer of the officer, resulting in demolition in rank or salary, is a violation of the security of tenure clause in the Constitution. • When an employee is illegally dismissed, & his reinstatement is later ordered by the Court, for all legal intents & purposes he is considered as not having left his office, and notwithstanding the silence of the decision, he is entitled to backwages [Del Castillo v. CSC] • Security of tenure in Career Executive Service pertains to rank, not to the position to which the employee may be appointed [General v. Roco] • Reorganization of office does not necessarily result in abolition of the office, and does not justify the replacement of permanent officers & employees. But where, as a result of the reorganization, employees were effectively demoted by their assignment to positions lower than those they previously held, there is violation of security of tenure, and CSC may order reinstatement. • Under ROC, a career service officer or ee unlawfully ousted from his office has 1 yr to file an action in court to recover his office, otherwise it prescribes.

Partisan political Activity

​No officer or employee in the CS shall engage, in any electioneering or partisan political campaign [Sec 2 (4) Art IX B] • The CS Law prohibits engaging directly or indirectly in any partisan political activity or taking part in any election except to vote, or use official authority to coerce the political activity of any person or body. But this does not prevent expression of views on current political issues, or mention the names of candidates for public office whom the public officer supports. • Military is covered by this provision • Exempt from this provision are the mem of the Cabinet and public officers & employees holding political offices (who are allowed to take part in political & electoral activities, except to solicit contributions from their subordinates or commit acts prohibited under Election Code) Right To Self- Organization

​This right shall not be denied to gov’t employees [Sec. 2 (5) Art IX B] •

But they may not engage in strikes to demand changes in the terms & conditions of their employment

Protection to temporary employees (TE)

•

TE shall be given such protection as may be provided by the law [Sec 2 (6) Art IX B]

Standardization Of Compensation

​Congress shall provide for standardization of compensation of government official & employees, including those in GOCC w/ orig charters, taking into account the nature of responsibilities pertaining to and the qualifications required for their positions. [Sec 5 Art IX B] DOUBLE COMPENSATION

​No elective or appointive public officer or employee shall receive additional, double, or indirect compensation unless specifically authorized by law, nor accept w/out the consent of Congress, any present emoluments, office or title of any kind from any foreign government. Pensions and gratuities shall not be considered as additional, double or indirect compensation. [Sec 8 Art 9B] Oath Of Allegiance

​All pub. Off/ ee shall take an oath or affirmation to uphold & defend the Constitution

COMELEC Composition a. Chairman + 6 Commisioners: 1. Natural born Fil cit. 2. At least 35 yo 3. Holders of college degree 4. Have not been candidates in the immediately preceding election 5. Majority, including the Chairmen, must be mem. Of the Phil Bar who have been engaged in the practice of law for at least 10 yrs. 6. They shall be appointed by the Pres. w/ the consent of the CoA for a term of 7yrs w/o reappointment. No member shall be appointed or designated in a temporary or acting capacity. En Banc & Division Cases

​It may sit en banc or in 2 divisions, & shall promulgate its rules of procedure in order to expedite disposition of election cases, including pre proclamation controversies. All such election cases shall be heard & decided in division, provided that motions for reconsideration shall be decided en banc ​Division Cases (Quasi-Judicial or adjudicatory functions) a. All election cases including pre- proclamation contests, originally cognizable by the Commission in the exercise of its powers under sec. 2 (2) Art IX C of the Constitution. b. Over petition to cancel a certificate of candidacy c. Cases appealed from RTC or MTC d. Petition for certiorari filed w/ the commission from a decision of the RTC or MTC

​EN BANC (Administrative) 1. Promulgation of rules concerning pleadings & practice before it but they must not diminish, increase or modify substantive rights. 2. Petition for correction of manifest errors since it alleges an erroneous copying of

figures from the election return to the Statement of Votes by precinct. Such error which merely requires a clerical correction without opening the ballot boxes or examining the ballots demands only the exercise of administrative power of the COMELEC 3. Manifest errors in tabulation or tallying of results. 4. Prosecution of violation of election laws 5. Power to declare Failure of Elections •

Only decisions of COMELEC en banc are reviewable by the SC - File motion for Reconsideration first- Doctrine of Exhaustive Administrative Remedies

Constitutional Powers And Functions . Enforce and administer all laws & regulations relative to the conduct of an election, plebiscite, initiative, referendum or recall Initiative- power of people to propose amendments to the Constitution or to propose and enact legislation through an election. 1. Initiative on the Constitution 2. Initiative on Statutes 3. Initiative on local legislation Referendum- power of electorate to approve or reject legislation through an election called for the purpose (referendum on statutes & ref. on local laws) Recall- termination of official relationship of a local elective official for loss of confidence prior to the expiration of his term through the will of the electorate. Plebiscite- submission of Constitutional amendments or impt legislative measures to the people for ratification .

Exclusive Original jurisdiction over all contests relating to the election, returns & qualifications of all elective regional, provincial and city officials. Exclusive appellate jurisdiction over all contests involving elective barangay officials decided by the MTC, and decisions therein shall be final, executor and unappealable.

.

Decide, save those involving the right to vote, all questions affecting elections, including determination of the number & location of polling places, appointment of election officials and inspectors, & registration of voters.

.

Deputize, w/ concurrence of President, law enforcement agencies & instrumentalities for the exclusive purpose of ensuring free, orderly, honest, peaceful and credible elections.

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Register, after sufficient publication, political parties, organizations, or coalitions w/c must present their platform or program of govt; accredited citizen’s arms

.

File, upon a verified complaint, or on its own initiative, petitions in court for the inclusion or exclusion of voters; investigate, and where appropriate, prosecute cases of violations of election laws

.

Recommend to Congress effective measures to minimize election spending, including limitation of places where propaganda materials shall be posted, and to prevent and penalize all forms of election frauds, offenses, malpractice, and nuisance candidates.

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Submit to the President and Congress a comprehensive report on the conduct of each election, plebiscite, ref., initiative or recall

Statutory Powers

​BP 881- Exercise supervision & ctrl over officials required to perform duties relative to the conduct of elections, promulgate rules & regulations, punish contempt inquire into financial records of candidates, groups, etc., prescribe forms to be used in elections, procure supplies and materials needed for the election, enlist non- partisan groups to assist it, fix period for preelection requirements, etc. a. Power to declare failure of election; call for special elections b. Exclusive orig juris over all pre- proclamation controversies Party List System

​A free and open party list system shall be allowed to evolve according to the free choice of the people. Election Period

​Unless otherwise fixed by the Commission in special cases, shall commence 90 days before the day of the election & shall end 30 days thereafter. Judicial Review Of Comelec Decisions

​

​A petition for certiorari under Rule 65 of the RoC, filed w/ the SC w/in 30 days from receipt of a copy of final order, or decision of the Commission en banc.

COMMISSION ON AUDIT Composition, Appointment Chairman & 2 Commissioners, who shall be a. Natural born Filipino citizens b. At least 35 c. CPAs w/ not less than 10 yrs of auditing experience OR mem of the Phil bar w/ at least 10 yr practice of law d. Must not have been candidates in the election immediately preceding the appointment e. At no time shall all mem belong to the same profession f. Appointed by the Pres w/ CoA consent for a term of 7 yrs w/o reappointment Powers, Duties a. Examine, audit, & settle all accounts pertaining to the revenue and receipts of, & expenditures or uses of funds and property owned or held in trust or pertaining to, the Gov’t b. Keep the gen. accts of the govt and preserve vouchers and supporting papers for such period as provided by law c. Authority to define the scope of its audit and examination, establish techniques and methods required therefor. d. Promulgate accounting and auditing rules & regulations including those for the prevention & disallowance of irregular, unnecessary, expensive, extravagant, or unscionable expenditures or uses of government funds or property. Jurisdiction of the commission

​No law shall be passed exempting any entity of Gov’t, or any investment of public funds, from the jurisdiction of the CoA. • CoA has the authority to investigate whether directors, officials or employees of government-owned and contro0lled corporations, receiving additional allowances and bonuses are entitled to such benefits under applicable laws.

Accountability of Public Officers 1935

1973

1987

None

• • • •

Grounds: • Culpable violation of the constitution • Treason • Bribery • Other High crimes Who: • President • Chief Justice • Auditor General

None

VIRTUES Highest Degree of Responsibility Integrity Loyalty Efficiency

• • • • • • •

Utmost Responsibility Integrity Loyalty Efficiency Patriotism Justice Modest lives

IMPEACHMENT Grounds: Grounds: • Culpable violation of • Culpable violation of the constitution the constitution • Treason • Treason • Bribery • Bribery • Other High crimes • Graft and Corruption • Graft and Corruption • Other High Crimes • Betrayal of Public trust Who: • President Who: • Chief Justice and • President • Vice President associate justices of SC • Chief justice and (am not sure) • Chair and members of associate justices of the Con-Com SC • Chair and members of: - Con-Com - Ombudsman TANOD BAYAN Yes Yes

Statement of Policy

​Public office is public trust. Public Officers and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty, and efficiency, act w/ patriotism and justice and lead modest lives Impeachment

​A national inquest into the conduct of public men Impeachable officers: 1. Pres 2. VP 3. CJ and assoc justices of SC 4. Chair & mem of: a. ConCom b. Ombudsman •

Exclusive

Grounds for impeachment (exclusive enumeration) 1. Culpable violation of the Consti 2. Treason 3. Bribery 4. Graft & corruption 5. Other high crimes 6. Betrayal of pub. Trust Who may initiate case of impeachment?

​ nly the House of Representatives/citizen upon resolution or endorsement by any O member of the HR.

What is the process of impeachment? Inquiry of Impeachment Resolution

​

​

​

​

​

​

​Direct

​Resolution Any member of the HR or Citizen of the Philippines upon resolution or endorsement by any member of the HR A Include FILES in VERIFIED the order of COMPLAINT business of HR within 10 session days Referred to JUDICIARY COMMITTEE withinJudiciary 3 session days committee HOLDS HEARINGS and INVESTIGATE S CHARGES

COMMITT EE after hearing and MAJORITY VOTE of all its members SUBMITS REPORT to HR within 60 session days CALENDA withRED resolution for

At least 1/3 of all members of the HR file a VERIFIED COMPLAINT OR RESOLUTION

CONSIDERATI ON by HR within 10 session days At least 1/3 of all members of HR AFFIRMS or OVERRIDES Article of Impeachment ARTICLES OF IMPEACHMENT is SENT to the SENATE which have the sole power to try and decide all cases of impeachment. Prosecutors: Fixed number of members of HR Jurors: FULL SENATE When the President of the Philippines is on trial, the Chief Justice of the Supreme Court shall preside, but shall not vote.

SENATE VOTES in OPEN SESSION on each Articles of Impeachment

CONVICTION upon concurrence of 2/3 vote of ALL the MEMBERS OF THE SENATE

LIMITATION ON INITIATING OF IMPEACHMENT CASE

​Not more than once w/in a period of 1 yr against the same official TRIAL & DECISION ​ • Senate- sole power to try & decide all cases of impeachment • When sitting for that purpose, the Senators shall be on oath or affirmation. When Pres of the Phil is on trial, the CJ of the SC shall preside, but shall not vote. A decision of conviction must be concurred by at least 2/3 of all the members of the Senate EFFECT OF CONVICTION • Removal from office & disqualification to hold any office under Republic of the Philippines. But the party convicted shall be liable & subject to prosecution, trial & punishment accdg to law

SANDIGANBAYAN

​The present anti- graft court known as the sandiganbayan shall continue to function and exercise its jurisdiction as now or hereafter may be provided by law Composition Presiding justice + 14 Assoc Justices, w/ the rank of Justice of CA. it sits in 3 divisions of 3 mem each

Jurisdiction a. Offense committed is violation of RA 3019, RA 1379, Chap 2 Sec 2 Title 7 Book 2 of RPC, EO 1, 2, 14 and 14 A issued in 1986, or other offenses or felonies whether simple or complexed w/ other crimes b. Offender committing abovementioned offenses is a public official or employee holding any of the positions enumerated in par. A sec 4 RA 8249 c. Offense committed is in relation to the office Decisions/ Review

​Unanimous vote of all the 3 mem shall be required. Reviewable by SC by certiorari OMBUDSMAN a. Composition 1. Ombudsman to be known as Tanodbayan 2. One overall deputy and; 3. At least 1 deputy each for Luzon, Visayas and Mindanao. 4. A separate deputy for the military establishment may likewise be appointed b. Qualifications: Ombudsman and Deputies must be : 1. Natural born citizens of the RP 2. At least 40 years old 3. Of recognized probity and independence 4. Member of Philippine Bar 5. Must not have been candidates for any elective office in the immediately preceding election 6. Ombudsman must have been a judge or engaged in the practice of law for at least 10 yrs c. Appointment of the Ombudsman & his deputies

​By the President from a list of at least 6 nominees prepared by the JBC, & from a list of at least 3 nominees for every vacancy thereafter. All vacancies to be filled in 3 mos. d. Term of Office • 7 yrs w/o reappointment e. Rank & Salary • That of Chair & mem of the ConCom. Salary- not be decreased during their term of office f. W/Fiscal Autonomy g. Disqualifications/ Inhibitions

​During tenure, 1. Shall not hold any other office or employment;

2. Shall not engage in the practice of any profession or in the active management or ctrl of any business w/c in any way may be affected by the functions of his office; 3. Shall not be financially interested in any contract w/ or in any franchise or privilege granted by the government 4. Not be qualified to run for any office in the election immediately succeeding their cessation from office h. Powers and duties

​Section 12 The Ombudsman and his Deputies, as protectors of the people, shall act promptly on complaints filed in any form or manner against public officials or employees of the Government, or any subdivision, agency or instrumentality thereof, including government owned or controlled corporation, and shall, in appropriate cases, notify the complainants of the action taken and the result thereof. ​Section 13 The office of the Ombudsman shall have the following powers, functions and duties: 1. Investigate on its own, or on complaint by any p erson, any act or omission of any public official, employee, office or agency, when such action or omission appears to be illegal, unjust, improper, or inefficient. 2. Direct, upon complaint or at its own instance, any public official or employee of the government, or any subdivisions agency or instrumentality thereof, as well as of any 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. 3. Direct the officer concerned to take appropriate action against a public official or employee at fault, and recommend his removal, suspension, demotion, fine censure, or prosecution, and ensure compliance therewith. 4. Direct the officer concerned, in any appropriate case, and subject to such limitations as may be provided by law, to furnish it with copies of documents relating to contracts or transactions entered into by his office involving the disbursement or use of public funds or properties, and report any irregularity to the Commission on Audit for appropriate action. 5. Request any government agency for assistance and information necessary in the discharge of its responsibilities and to examine, if necessary, pertinent records and documents. 6. Publicize matters covered by its investigation when circumstances so warrant and with due prudence. 7. Determine the causes of inefficiency, red tape, mismanagement, fraud and corruption in the Government and make recommendations for their elimination and the observance of high standards of ethics and efficiency. 8. Promulgate its rules of procedure and exercise such other powers or perform such functions or duties as may be provided by law. Ill-Gotten Wealth

​The Right of the state to recover properties unlawfully acquired by Public officials or employees, from them or from their nominees or transferees, shall not be barred by prescription, laches or estoppel. •

Applies only to civil actions for recovery and not to criminal cases

Restriction on Loans

​No loan, quaranty or other form of financial accommodation for any business purpose may be granted directly or indirectly by any government-owned or controlled bank or financial institution to the P, VP, members of the Cabinet, Congress, SC and Con-Com, Ombudsman or to any firm or entity in which they have controlling interest during their tenure

Statement of assets, liabilities and net worth

​A public officer or employee shall upon assumption of office and as often as thereafter as may be required by law, submit a declaration of oath of his assets, liabilities and net worth. ​In the case of P, VP, Cabinet, Con-Com, SC Congress, and other constitutional offices and officers of AFP of general or flag rank, the declaration shall be disclosed to the public in the manner provided by law. Allegiance to the State and to the Constitution

​Public officers and employees owe the State and this Constitution allegiance at all times, and any public officer or employee who seeks to change citizenship or acquire the status of an immigrant of another country during his tenure shall be dealt with by law.

National Economy and Patrimony Goals 1. More equitable distribution of opportunities, income and wealth 2. Sustained increase in amount of goods and services produced by the nation for the benefit of the people 3. Expanding production as the key to raising the quality of life for all, especially the under privileged. • Full industrialization Natural resources 1. Regalian Doctrine – “The universal feudal theory that all lands were held from the crown.” Ownership is vested in the State as such rather than in the head thereof. a. Sec. 2 All lands of the public domain, waters, minerals, coal, petroleum and other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora or fauna, and other natural resources are owned by the state. With the exception of agricultural lands, all other natural resources shall not be alienated. 2. Imperium and Dominium Imperium Dominium Government authority possessed by the State Capacity to own or acquire property. With which is appropriately embraced in sovereignty reference to lands held by the state in its proprietary character. May provide for the exploitation and use of lands and other natural resources including

their disposition, except as limited by the constitution. 3. Citizenship requirements Nature 1. Co-production, joint venture or production sharing agreements for exploration, development and utilization of natural resources 2. Use and enjoyment of the nation’s marine wealth in its archipelagic waters, territorial sea and EEZ Alienable lands of the public domain (agricultural lands)

Citizenship Filipino Citizens or Corporations or Associations at least 60% of whose capital is Filipino owned.

Other Requirements Agreements shall not exceed a period of 25 years, renewable for another 25 years

Exclusively for Filipino Citizens

Filipino Citizens, Private Corporations

Certain Areas of investment (determined by the Congress)

Filipino citizens or corporations 60% of whose capital is Filipino owned Franchise, certificate or Filipino Citizens or corporations authorization for the operation of at least 60% of whose capital is public utility Filipino-owned

FC: not more than 12 hectares by purchase, homestead or grant or lease not more than 500 hectares. PC: lease not more than 1,000 hectares for 25 years, renewable for another 25 years. Congress may prescribe a higher percentage of Filipino ownership Franchise shall not be exclusive for a period more than 50 years and shall hbe subject to amendment, alteration or repeal by Congress.

4. Classification of lands of the Public Domain. a. Agricultural b. Forest c. Timber d. Mineral e. National Parks • Classification is a function of the executive branch of government, specifically the Director of Land Management Bureau. The decision, when approved by the Secretary of DENR as to questions of fact is conclusive upon the courts. • Congress shall determine the specific limits of forest lands and national parks, marking clearly their boundaries on the ground. 1935 1973 1987 - Agricultural - Agricultural - Agricultural - Timber - Timber - Forest - Mineral - Mineral - Timber - Industrial/ Commercial - Mineral - Residential - National Parks Resettlement Grazing Lands

5. Stewardship Concept – The use of property bears a social function, and all economic agents shall contribute to the common good. Individuals and private groups, shall have the right ot own, establish and operate economic enterprises subject to the duty of the State to promote distributive justice and to intervene when the common good so demands. Private Lands

​Rule: No private lands shall be transferred or conveyed except to individuals,

corporations or associations qualified to acquire or hold lands of the public domain.

​Reason for the rule: Conservation of the national economy and patrimony •

Any sale in violation of such provision is null and void

Two exceptions 1. Hereditary Succession – Does not apply to testamentary succession 2. Natural Born citizen of the Philippines who has lost his Philippine citizenship may be a transferee of private lands, subject to limitations provided by law. • RA8179. Former natural born Filipino Citizens may acquire 5,000 sq. m. For urban land and 3 hectares for rural land. Such land may now be used for business and for other purposes - The previous law was BP 185 which granted: 1000 sq. m for urban and 1 hectare for Rural which can be used for residential purposes only Remedies to recover private land from disqualified alien 1. Escheat proceedings 2. Action for reversion 3. Action for recovery filed by the former Filipino owner, the pari delicto doctrine having been abandoned, unless the land is sold to an American citizen prior to July 3, 1974 and the amreican citizen obtained title thereto. Preference for Filipino Labor

​The state shall promote the preferential use of Filipino labor, domestic materials and locally produced goods, and adopt measures that help make them competitive. Practice of Profession

​The practice of all professions in the Philippines shall be limited to Filipino Citizens, save in cases prescribed by law. Cooperatives

​The congress shall create an agency to promote the viability and growth of cooperatives as instruments for social justice and economic development. Monopolies

​ olicy: the state shall regulate or prohibit monopolies when the public interest so P requires. No combinations in restraint of trade or unfair competition shall be allowed. ​Monopoly- privilege or peculiar advantage vested in one or more persons or companies, consisting in the exclusive right to carry on a particular business or trade, manufacture a particular article, or control the sale of a particular commodity. • Not per se prohibited by only regulated with a higher level of State regulation. Central Monetary Authority ​CENTRAL BANK OF THE PHILIPPINES ​The congress shall establish an independent central monetary authority, the members of whose governing board must be: 1. Natural-born Filipino citizens; 2. Known probity, integrity and patriotism; 3. Majority of whom shall come from the private sector. ​Authority/Power: 1. Provide direction in the areas of money, banking and credit 2. Supervision over the operations of banks and exercise such regulatory powers

Education, Science And Technology, Arts, Culture And Sports •

What is education: Not merely knowledge but development of: - Critical - Artistic - Moral Sensitivity to the needs of others

State Policy

​The state shall give priority to education, science and technology, arts, culture and sports to foster patriotism and nationalism, accelerate social progress, and promote total human liberation and development. 1. The State shall protect and promote the right of all citizens to quality education at all levels and shall take appropriate steps to make such education accessible to all. • Includes: NMAT examinations, licensure examinations and other regulations. Also, Government authorization for school operation. 2. Constitutional mandate for the State to esteablish adequate and relevant education, free public elementary and high school education, scholarship grants and loan programs, out-of-school study programs, and adult education. 3. Constitutional objectives of Education: a. Inculcate patriotism and nationalism b. Foster love for humanity

c. Respect for human rights d. Appreciation of the role of national heroes in the historical development of the country e. Teach the rights and duties of Citizenshio f. Strengthen ethical and spiritual values g. Develop moral character and personal discipline h. Encourage critical and creative thinking i. Broaden scientific and technological knowledge j. Promote Vocational Efficiency 4. Optional Religious instruction a. Expressed in writing by parent or guardian b. Public elementary and high Schools c. Within regular class hours d. Instructors designated or approved by religious authorities e. Without additional cost to the government 5. Educational Institutions Ownership Control and Administration Solely by Filipino Citizens of the Citizens or Philippines. corporations 60% Filipino owned. Except those established by religious groups or mission boards, but Congress may increase required Filipino equity participation

Alien Schools

Tax Exemptions

None shall be established exclusively for aliens, and no group of aliens shall comprise more than 1/3 of the enrolment in any school. Except schools for foreign diplomatic personnel and their dependents and for other foreign temporary residents

All revenue and asses of - Non stock - Non-profit As well as grants, endowments, donations and contributions. Used ADE for educational purposes

6. Highest budgetary priority to education – Merely directory.

Academic Freedom

​Enjoyed in all institutions of higher learning. ​2 views: Educational Institution Members of Academe Freedom of the university to determine: Freedom of the teacher to investigate and discuss - Who may teach the problems of his science and to express his - What to teach conclusions whether through publication or in the - How to teach instruction of students without interference from - Who may be admitted political or ecclesiastical authority or from admin. Officials of the institution in which he is employed unless methods are found by qualified bodies to be completely incompetent or contrary to professional ethics.

​Limitation a. Police Power b. Social interests of the community -

The school may not be forced to reopen at the instance of the striking students. (Capitol Medical Center vs. cA UP Baguio was setup as tertiary institution and the High School was set up only as an incident to its tertiary functions. (UP vs. Judge Ayson) Termination of contract can no longer be used as a valid ground to deny readmission or re-enrolment to students who had led or participated in student mass actions against the school. (Non vs. Dames)

-

-

Minimum standards of procedural due process in schools: a. Students informed in writing of the nature and cause of the accusation against them; b. Right to answer the charges with the assistance of counsel if desired; c. Informed of the evidence; d. Right to adduce evidence in their own behalf; e. Evidence duly considered by investigating committee or official designated by the school authorities. (Ateneo vs. Capulong) PRC cannot interfere with the conduct of review that review schools and centers believe would best enable their enrolees to meet the standards required before becoming fullfledged public accountants. (Lupangco vs. CA) While DECS regulations prescribe a maximum of three years probation period for teachers, the termination of the three-year period does not result in the automatic permanent status for the teacher. It must be conditioned on a showing that the teacher’s services during the probationary period was satisfactory in accordance with the employer’s standards. (Cagayan Capitol College vs. NLRC)

Language 1. Filipino 2. For purposes of communication and instruction: Filipino and English (unless otherwise provided by law). 3. Regional languages: auxiliary official languages in the regions and shall serve as ancillary media of instruction 4. Spanish and Arabic: voluntary and optional 5. Constitution shall be promulgated in Filipino and English and shall be translated into major regional languages. Science and Technology

​Section 10. Science and technology are essential for national development and progress. The State shall give priority to research and development, invention, innovation, and their utilization; and to support indigenous, appropriate and self-reliant scientific and technological capabilities, and their application to the country’s productive systems and national life. ​Section 11. The Congress may provide for incentives, including tax deductions, to encourage private participation in programs of basic and applied scientific research. Scholarships, grants-in-aid or other forms of incentives shall be provided to deserving science students, researchers, scientists, inventors, technologists, and specially gifted citizens. ​Section 12. The State shall regulate the transfer and promote the adaptation of technology from all sources for the national bebefit. It shall encourage the widest participation of private groups, local governments, and community based organizations in the generation and utilization of science and technology. ​Section 13. The State shall protect and secure the exclusive rights of scientists, inventors, artists, and other gifted citizens to their intellectual property and creations, particularly when beneficial to the people, for such period as may be provided by law.

Arts and Culture

​Section 14] The State shall foster the preservation, enrichment, and dynamic evolution of a Filipino national culture based on the principle of unity in diversity in a climate for free artistic and intellectual expression. ​Section 15. Arts and letters shall enjoy the patronage of the State. The State shall conserve, promote and popularize the nations historical and cultural heritage and resources, as well as artistic creations. ​Section

16. All country’s artistic and historic wealth constitutes the cultural

treasure of the nation and shall be under the protection of the State, which may regulate its disposition.

​Section 17. The State shall recognize, respect, and protect the rights of indigenous cultural communities to preserve and develop their cultures, traditions, and institutions. It shall consider these rights in the formulation of national plans and policies.

​Section 18. The State shall ensure equal access to cultural opportunities through the educational system, public or private cultural entities, scholarships, grants and other incentives, and community cultural centers, and other public venues.

Sports

​Section 19. The State shall promote physical education and encourage sports programs, leagues, competitions, to foster self-discipline, teamwork, and excellence for the development of a healthy and alert citizenry. ​All educational institutions shall undertake regular sports activities throughout the country in cooperation with athletic clubs and other sectors.

The Family ​Section 1. The State recognizes the Filipino family a the foundation of the nation. Accordingly, it shall strengthen its solidarity and actively promote its total development. ​Section 2. Marriage, as an inviolable social institution, is the foundation of the family and shall be protected by the State. ​Section 3. The State shall defend: 1. The right of spouses to found a family in accordance with their religious convictions and the demands of responsible parenthood;

2. The right of children to assistance, including proper care and nutrition, and special protection from all forms of neglect, abuse, cruelty, exploitation, and other conditions prejudicial to their development; The right of the family to a family living wage and income; and 3. 4. The right of families or family association to participate in the planning and implementation of policies and programs that affect them.

​Section 4. The family has the duty to care for its elderly members but the State may also do so through just programs of social security.

General Provisions Flag

​Red white and Blue, with a sun and three stars as consecrated and honoured by the people and recognized by law. Name ​Congress may, by law, adopt a new name for the country, a national anthem or a national seal which shall be truly reflective and symbolic of the ideals history and traditions of the people. ​Such law shall take effect only upon its ratification by the people in a national referendum. AFP ​The AFP shall be composed of a citizen armed force which shall undergo military training and serve as may be provided by law. 1. Oath or affirmation to uphold and defend Constitution 2. Professionalism and adequate remuneration shall be a prime concern of the State. 3. Shall not at any time be appointed or designated in any capacity to any civilian position in the government including GOCC 4. Laws on retirement shall not allow extension of their services 5. Officers and men of the regular force of the armed forces shall be recruited proportionately from all provinces and cities as far as practicable. National Police Force ​One Police Force which shall be national in scope and civilian in character. ​Administered and controlled by National Police Commission.. ​Authority of local executives over the police units in their jurisdiction shall be provided by law. Mass Media and Advertising Industry 1. Mass media – Ownership limited to citizens of the Philippines. Or corporations wholly-owned and managed by citizens. Congress shall regulate or prohibit monopolies. 2. Advertising Industry – Filipino citizens or corporations or associations at least 70% Filipino-owned shall be allowed to engage in the advertising industry. All executives and managing officers of such entities must be citizens of the Philippines.

Transitory Provisions Elections

​First elections of Congress: Second Monday of May 1987 ​First Local Elections: Determined by President ​Synchronization: Members of Congress and Local Officials first elected shall serve until noon June 30, 1982. The six year term of incumbent President and VP in the Feb. 7, 1986 elections is extended until noon of June 30, 1992. Existing Laws and Treaties 1. If not inconsistent with the Constitution, shall remain operative until amended, repealed or revoked. 2. All treaties or international agreements which have not been ratified shall not be renewed or extended without the concurrence of at least 2/3 of all the members of the Senate. Reserved Executive Powers ​President may fill by appointment from a list of nominees by the repective sectors, the seats reserved for sectoral representatives. ​President may constitute the Metropolitan authority to be composed of the heads of all local government units comprising the Metropolitan Manila Area. Career Civil Service 1. Those separated from service not for cause but as a result of the reorganization pursuant to Proclamation No. 3 dated March 25, 1986 and the reorganization following the ratification of the Constitution shall be entitled to appropriate separation pay and to retirement and other benefits. Sequestration 1. Sequestration or freeze orders relative to the recovery of ill-gotten wealth shall remain operative for not more than 18 months after the ratification of this Constitution. Congress may extend such period. - Issued upon showing of prima facie case. - Filed within 6 months from ratification or if issued after ratification, within 6 months from such issue - Order deemed automatically lifter if no judicial action or proceeding is commenced as provided herein. •

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Failure of PCGG to commence the proper judicial action or to implead respondents therein within the period prescribed by the Constitution, the sequestration orders issued were deemed automatically lifter. But the lifting of sequestration orders does not ipso facto mean that sequestered property are not illgotten. The effect of the lifting will merely ne the termination of the role of government as conservator of the property. (PCGG vs. Sandiganbayan). PCGG cannot perform acts of strict ownership of sequestered property. It is a mere conservator. It may not vote the shares in a corporation and elect the

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members of the BOD. The only conceivable exception is in a case of take-over of a business belonging to the government or whose capitalization comes from public funds but which landed in private hands. (Cojuangco vs. Roxas) Two tiered test: a. Whether there is a prima facie evidence showing that the said shares are illgotten and thus belong to the state b. Immediate danger of dissipation thus necessitating their continued sequestration (PCGG vs. Cojuangco) Exceptions to two-tiered test: a. Government shares are taken over by private persons or entities which registered them in their own names. b. Capitalization or shares that were acquired by public funds somehow landed in private hands (Republic vs. Sandiganbayan)

2. In the absence of express prohibition, the rule on amicable settlements or compromise agreements in the Civil Code is applicable to PCGG cases pending before Sandiganbayan. 3. PCGG may investigate and file corresponding information provided: a. It must relate to ill-gotten wealth b. Of the late President Marcos, immediate family, relatives, subordinates and close associates c. Who took advantage of their public office or power. (Romualdez vs. Sandiganbayan) • An invalid P.I. does not impair validity of criminal information. It merely suspends. 4. While Philippine Casino Operators Corporation was sequestered, the fact of sequestration alone did not automatically oust RTC of its jurisdiction to decide the question of ownership to be recovered by PAGCOR. In order to invoke Sandiganbayan, the PCGG must be a party to the suit. The instant case involves only PAGCOR, PCOC and Marcelo. (PAGCOR vs. CA) 5. The office of the Sol-Gen may validly call the PCGG for assistance and ask it to respond to a motion for a bill of particulars, considering that PCGG has the complete records of the case and in being charge of the investigation, is more knowledgeable and better informed of the facts of the case. (Virata vs. Sandiganbayan)