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CONSTITUTIONAL LAW ............................................................................................................................. 2 ARTICLE I THE NATIONAL TERRITORY ............................................................................................... 2 ARTICLE II DECLARATION OF PRINCIPLES AND STATE POLICIES................................................... 2 ARTICLE III BILL OF RIGHTS ................................................................................................................. 4 ARTICLE IV CITIZENSHIP .................................................................................................................. 23 ARTICLE V SUFFRAGE ......................................................................................................................24 ARTICLE VI THE LEGISLATIVE DEPARTMENT ............................................................................... 25 ARTICLE VII. THE EXECUTIVE DEPARTMENT .................................................................................. 35 ARTICLE VIII. THE JUDICIAL DEPARTMENT...................................................................................... 43 ARTICLE IX THE CONSTITUTIONAL COMMISSIONS ..................................................................... 46 THE CIVIL SERVICE COMMISSION................................................................................................. 47 THE COMMISSION ON ELECTIONS................................................................................................ 50 THE COMMISSION ON AUDIT ......................................................................................................... 53 ARTICLE X: LOCAL GOVERNMENT .................................................................................................... 54 ARTICLE XI: ACCOUNTABILITY OF PUBLIC OFFICERS ................................................................... 57 ARTICLE XII NATIONAL ECONOMY AND PATRIMONY ................................................................... 61 ARTICLE XIII SOCIAL JUSTICE AND HUMAN RIGHTS..................................................................... 65 ARTICLE XIV - EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE, AND SPORTS .... 67 ARTICLE XVI - GENERAL PROVISIONS .............................................................................................. 68 ARTICLE XVII- AMENDMENTS OR REVISIONS................................................................................... 69 ARTICLE XVIII - TRANSITORY PROVISIONS ...................................................................................... 71 PUBLIC INTERNATIONAL LAW ............................................................................................................... 72 THE NATURE OF INTERNATIONAL LAW............................................................................................ 72 SOURCES OF INTERNATIONAL LAW..................................................................................................72 TREATIES .............................................................................................................................................. 73 INTERNATIONAL LAW AND MUNICIPAL LAW..................................................................................... 74 SUBJECTS OF INTERNATIONAL LAW.................................................................................................74 STATE RESPONSIBILITY...................................................................................................................... 76 SETTLEMENT OF DISPUTES ............................................................................................................... 77 SPECIAL TOPICS .................................................................................................................................. 77 LAW ON HUMAN RIGHTS..................................................................................................................... 81 ADMINISTRATIVE LAW ............................................................................................................................ 84 LAW ON PUBLIC CORPORATION ........................................................................................................... 89 LAW ON PUBLIC OFFICERS .................................................................................................................... 98 ELECTION LAW....................................................................................................................................... 104
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Advisers: Atty. Sedfrey Candelaria; Head: Patricia Libo-on; Understudy: Grip Bueta Members: Felippe Closa, Juancho Hernandez, Immaculada Ylagan
TERRITORIAL SEA The belt of the sea located between the coast and internal waters of the coastal state on the one hand, and the high seas on the other, extending up to 12 nautical miles from the low water mark. CONTIGUOUS ZONE Extends up to 12 nautical miles from the territorial sea. Although not part of the territory, the coastal State may exercise jurisdiction to prevent infringement of customs, fiscal, immigration or sanitary laws. EXCLUSIVE ECONOMIC ZONE Body of water extending up to 200 nautical miles, within which the state may exercise sovereign rights to explore, exploit, conserve and manage the natural resources The state in the EEZ exercises jurisdiction with regard to: 1. the establishment and use of artificial islands, installations, and structures; 2. marine scientific research; 3. the protection and preservation of marine environment; Article II DECLARATION OF PRINCIPLES AND STATE POLICIES Selected principles Sec. 1. The Philippines is a democratic and republican state. Sovereignty resides in the people and all government authority emanates from them. Elements of a State (for municipal law purposes) 1) People A group of persons sufficiently numerous held together by a common bond 2) Territory A definite area over which the State exercises sovereign jurisdiction 3) Sovereignty Power of the State to regulate matters within its own territory. 4) Government Institution organized and run in order to manage the affairs of the State. Classification of governments 1) De jure Government which is placed in power following legal / constitutional processes. 2) De facto a government that actually exercises power or control but without legal title. Classification of de facto governments
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Examples of Generally Accepted Principles of International Law" cited in Philippine Jurisprudence: 1) The right of an alien to be released on bail while awaiting deportation when his failure to leave the country is due to the fact that no country will accept him (Mejoff v. Director of Prisons, 90 Phil. 70) 2) The right of a country toandestablish military QuickTime a TIFF (Uncompressed) decompressor needed to see criminals this picture. commissions to are try war (Kuroda v. Jalondoni, 83 Phil. 171) 3) The Vienna Convention on Road Signs and Signals and Pacta Sunt Servanda (Agustin v. Edu, 88 SCRA 195) 4) Duty to protect the premises of embassies and legations (Reyes v. Bagatsing, G.R. 65366)
Sec. 3. Civilian authority is, at all times, supreme over the military. The Armed Forces of the Philippines is the protector of the people and the State. Its goal is to secure the sovereignty of the State and the integrity of the national territory.
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Civilian authority/Supremacy clause (1 sentence) The Constitution provides that the head of the armed forces is a civilian president and the primary purpose of AFP is to serve and protect the people.
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Article III BILL OF RIGHTS Sec. 1. No person shall be deprived of life, liberty or property without due process of law, nor shall any person be denied the equal protection of the laws.
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VOID FOR VAGUENESS DOCTRINE When is a law VAGUE? When it lacks COMPREHENSIBLE STANDARDS That men of common intelligence must necessarily GUESS as to its meaning and differ as to its application. Why is a VAGUE law unconstitutional? 1) It VIOLATES DUE PROCESS for failure to accord persons fair notice of the conduct to avoid; and 2) It leaves law enforcers UNBRIDLED DISCRETION in carrying out its provisions. OVERBREADTH DOCTRINE: A government purpose may not be achieved by means, which sweep unnecessarily broadly and thereby invade the area of protected freedoms. NOTE: 1. Vagueness and overbreadth are distinct from each other; a vague law must lack clarity and precision, while an overbroad law need not. 2. Vagueness may be applied to cases involving speech and also criminal cases (although see contrary ruling that vagueness does not apply to criminal cases, as held in Estrada v. Sandiganbayan, G.R. No. 148560) 3. Overbreadth as an analytical tool is applicable only to cases involving speech. EQUAL PROTECTION OF THE LAW The equality that it guarantees is legal equality or the equality of all persons before the law. It does not demand absolute equality. It merely requires that all persons shall be treated alike, under like circumstances and conditions both as to privileges conferred and liabilities enforced. Requisites for valid classification for purposes of the equal protection clause The classification must: CODE: SGEE a. Rest on SUBSTANTIAL DISTINCTIONS b. Be GERMANE to the purposes of the law c. NOT LIMITED TO EXISTING CONDITIONS only d. APPLY EQUALLY to all members of the SAME CLASS.
Substantive due process prohibition against arbitrary laws. Requisites of SUBSTANTIVE due process: CODE: I M a. The INTERESTS of the public generally, as distinguished from those of a particular class, requires the interference by the government and b. The MEANS employed are reasonably necessary for the accomplishment of the purpose and not unduly oppressive upon individuals. QuickTime and a
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Requisites of a valid ordinance: CODE: Must NOT CUPPU, Must be GC a. Must not contravene the Constitution or any statute b. Must not be unfair or oppressive c. Must not be partial or discriminatory d. Must not prohibit, but may regulate trade e. Must not be unreasonable
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Sec. 2. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue QuickTime except upon probable cause and toa be determined TIFF (Uncompressed) decompressor are needed to see this picture. personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the person or things to be seized. General Rule: Search and seizures are unreasonable UNLESS authorized by a validly issued search warrant or warrant of arrest
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an alien in order to carry out a FINAL deportation order. INSTANCES WHEN WARRANTLESS ARRESTS ARE VALID: a. When the person to be arrested has committed, is actually committing, or is about to commit an offense in the presence of the arresting officer. b. When an offense has in fact just been committed and the arresting officer has probable cause to believe based on personal knowledge of facts and circumstances indicating that the person to be arrested has committed it. c. 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.
Waiver of an invalid arrest: When a person who is detained applies for bail, he is deemed to have waived any irregularity which may have occurred in relation to his arrest. However, when a person who is detained applies for bail, before he enters a plea, he is not barred from later questioning the legality of his arrest. Hot pursuit A. The pursuit of the offender by the arresting officer must be continuous from the time of the commission of the offense to the time of the arrest. B. There must be no supervening event which breaks the continuity of the chase. Stop and frisk When a policeman observes suspicious activity, which leads him to believe that a crime is about to be committed, he can investigate the suspicious looking person and may frisk him for weapons as a measure of self-protection. Should he find, however, a weapon on the suspect, which is unlicensed, he can arrest such person then and there for having committed an offense in the officers presence. NOTE: Probable cause is the minimal requirement for the validity of either a warrantless arrest or a warrantless search.
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R.A. 4200 (Anti-Wiretapping Act) Ramirez v. Ca The law does not distinguish between a party to the private communication or a third person. Hence, both a party and a third person could be held liable under R.A. 4200 if they commit any of the prohibited acts under R.A. 4200.
Gaanan v. IAC, 145 SCRA 112 The use of a telephone extension to overhear a private conversation is not a violation of R.A. 4200 because it is not similar to any of the prohibited devices under the law. Also, a telephone extension is not purposely installed for the purpose of secretly intercepting or recording private communication. Types of communication protected: Letters, messages, telephone calls, telegrams and the like. Exclusionary rule: People v. Marti, 193 SCRA 57 Any evidence obtained shall be inadmissible for any purpose in any proceeding. However, in the absence of governmental interference, the protection against unreasonable search and seizure cannot be extended to acts committed by private individuals. Constitutional Right to Privacy The right to privacy, the right to be left alone, is protected by the guarantee of due process over liberty, the right against unreasonable searches and seizures, the right to privacy of communications, liberty of abode, the right to form associations, and the right against self incrimination. (Ople v. Torres, 293 SCRA 141) Sec. 4. No law shall be passed abridging the freedom of speech, of expression, or of the press, or of the right of the people peaceably to assemble and petition the government for redress of grievances.
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punishing unlawful acts rather than prohibiting speech. The COMELEC can confiscate false survey results by virtue of its power under the Administrative Code of 1987 to stop false election propaganda. Standards for allowable subsequent punishment TEST 1. Dangerous Tendency Test CRITERION There should be a RATIONAL CONNECTION between the speech and the evil apprehended. (Focus on CONTENT) There should be a clear and present danger that the words when used under such circumstances are of such a nature as to create a CLEAR AND PRESENT DANGER that they will bring about the substantive evils that the State has a right to prevent. (Focus on CONTENT & CONTEXT) The courts should BALANCE the PUBLIC INTEREST served by legislation on one hand and the FREEDOM OF SPEECH (or any other constitutional right) on the other. The courts will then decide where the greater weight should be placed. (Focus on weighing Government and Private interest)
Social Weather Station v. COMELEC The prohibition of publication of election surveys shortly before elections does not meet the last two tests. The causal connection of expression to the asserted government interest makes such interest related to the suppression of free expression. The regulation can be more narrowly pursued by
Freedom of Speech The doctrine on freedom of speech was formulated primarily for the protection of core speech, i.e. speech, which communicates political, social or religious ideas. These enjoy the same degree of protection. Commercial speech, however, does not. Commercial Speech Communication which no more than proposes a commercial transaction.
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OPINIONS. With respect to public personalities (politicians, actors, anyone with a connection to a newsworthy event), opinions can be aired regarding their public actuations. QuickTime Comment and a on their private TIFF (Uncompressed) decompressor lives, if not germane to theirtopublic personae, are not are needed see this picture. protected. 2. OBSCENITY A. Test for obscenity (Miller v. California) Whether the average person, applying contemporary community standards would find that the work, taken as a whole, appeals to the prurient interest.
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Ratio: The Court held that although people have the right to peaceably assemble and stage mass actions (1987 Constitution, Art.3, Sec.4), such right is not absolute (Primicias v. Fugoso and Reyes v. Bagatsing). B.P. 880 is a codification of the ruling in Reyes v. Bagatsing, setting forth the requirements and
procedure which are necessary to regulate the time, place and manner of public assemblies. B.P. 880 was also held to be a content-neutral legislation. A fair and impartial reading of B.P. No. 880 thus readily shows that it refers to all kinds of public assemblies that would use public places. The reference to lawful cause does not make it contentbased because assemblies really have to be for lawful causes; otherwise they would not be peaceable and entitled to protection. Neither are the words opinion, protesting and influencing in the definition of public assembly content based, since they can refer to any subject. The words petitioning the government for redress of grievances come from the wording of the Constitution, so its use cannot be avoided. Finally, maximum tolerance is for the protection and benefit of all rallyists and is independent of the content of the expressions in the rally. Furthermore, the permit can only be denied on the ground of clear and present danger to public order, public safety, public convenience, public morals or public health. This is a recognized exception to the exercise of the right even under the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. Considering that the existence of such freedom parks is an essential part of the laws system of regulation of the peoples exercise of their right to peacefully assemble and petition, the Court is constrained to rule that after thirty (30) days from the finality of this Decision, no prior permit may be required for the exercise of such right in any public park or plaza of a city or municipality until that city or municipality shall have complied with Section 15 of the law. For without such alternative forum, to deny the permit would in effect be to deny the right. Advance notices should, however, be given to the authorities to ensure proper coordination and orderly proceeding. On the matter of the CPR, the Solicitor General has conceded that the use of the term should now be discontinued, since it does not mean anything other than the maximum tolerance policy set forth in B.P. No. 880.
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Clauses under Section 5 QuickTime and a TIFF (Uncompressed) decompressor needed to see this picture. 1. Non-establishmentare clause 2. Free exercise of Religion School District v. Schempp, 374 US 203 Distinction between the clauses 1. The non-establishment clause does not depend upon any showing of direct governmental compulsion. It is violated by the enactment of laws
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Rights guaranteed under Section 6: 1. Freedom to choose and change ones place of abode. 2. Freedom to travel within the country and outside. Curtailment of rights: RIGHT 1. Liberty of abode MANNER OF CURTAILMENT Lawful order of the court and within the limits prescribed by law. May be curtailed even by administrative officers (ex. passport officers) in the interest of national security, public safety, or public health, as may be provided by law.
2. Right to travel
NOTE: The right to travel and the liberty of abode are distinct from the right to return to ones country, as shown by the fact that the Declaration of Human Rights and the Covenant on Human Rights have separate guarantees for these. Hence, the right to return to ones country is not covered by the specific right to travel and liberty of abode. (Marcos v. Manglapus, 177 SCRA 668) Sec. 7. The right of the people to information on matters of public concern shall be recognized. Rights guaranteed under Section 7 1. Right to information on matters of public concern 2. Right of access to official records and documents Persons entitled to the above rights: citizens.
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Sec. 9. Private property shall not be taken for public use without just compensation. Who can exercise the power of eminent domain: a. The national government b. Congress c. Executive, pursuant to legislation enacted by Congress d. Local government units, pursuant to an ordinance enacted by their respective legislative bodies (under LGC) e. Public utilities, as may be delegated by law. When is the exercise of the power of eminent domain necessary? It is only necessary when the owner does not want or opposes the sale of his property. Thus, if a valid contract exists between the government and the owner, the government cannot exercise the power of eminent domain as a substitute to the enforcement of the contract.
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Only Filipino
are needed to see this picture. Discretion of government The government has discretion with respect to the authority to determine what matters are of public concern and the authority to determine the manner of access to them.
TAKING Just compensation Title is transferred Property taken for public use
Commissioner of Internal Revenue v. Central Luzon Drug Corporation (456 SCRA 414) (April 15, 2005) Ratio: The tax benefit granted to the establishments can be deemed as their just compensation for private property taken by the State for public use. The taxation power can also be used as an implement for the exercise of the power of eminent domain.
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When rights are available: 1) AFTER a person has been taken into custody or 2) When a person is otherwise deprived of his freedom of action in any significant way 3) When a person is merely invited for questioning (R.A. No. 7438) 4) When the investigation is being conducted by the government (police, DOJ, NBI) with respect to a criminal offense. 5) Signing of arrest reports and booking sheets. When rights are not available: 1) During a police line-up. Exception: Once there is a move among the investigators to elicit admissions or confessions from the suspect. 2) During administrative investigations. 3) Confessions made by an accused at the time he voluntarily surrendered to the police or outside the context of a formal investigation. 4) Statements made to a private person. Exclusionary rule Any confession or admission obtained in violation of this section shall be inadmissible in evidence against him (the accused). Therefore, any evidence obtained by virtue of an illegally obtained confession is also inadmissible, being the fruit of a poisonous tree. Requisites of valid waiver of these rights: 1) Made voluntarily, knowingly, and intelligently 2) Waiver should be made in WRITING 3) Waiver should be made in the PRESENCE OF COUNSEL. Requisites for a valid extra-judicial confession: CODE: WAVES 1) voluntary 2) made with the assistance of competent and independent counsel 3) must be express 4) made in writing
Sec. 10. No law impairing the obligation of contracts shall be passed. When does a law impair the obligation of contracts: 1. If it changes the terms and conditions of a legal contract either as to the time or mode of performance 2. If it imposes new conditions or dispenses with those expressed 3 If it authorizes for its satisfaction something different from that provided in its terms. A mere change in PROCEDURAL REMEDIES which does not change the substance of the contract, and which still leaves an efficacious remedy for enforcement does NOT impair the obligation of contracts. A valid exercise of police power isand superior to QuickTime a TIFF (Uncompressed) decompressor are needed to see this picture. obligation of contracts. Sec. 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty. Sec. 12. Rights of person under investigation for the commission of an offense.
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Sec. 14. Rights of an accused 1) Rights of a person charged with a criminal offense 2) Right to due process of law 3) Right to be presumed innocent 4) Right to be heard by himself and counsel 5) Right to be informed of the nature and cause of the accusation against him 6) Right to have a speedy, impartial and public trial 7) Right to meet the witnesses face to face 8) Right to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf DUE PROCESS This means that the accused can only be convicted by a tribunal which is required to comply with the stringent requirements of the rules of criminal procedure. PRESUMPTION OF INNOCENCE The Constitution does not prohibit the legislature from providing that proof of certain facts leads to a prima facie presumption of guilt, provided that the facts proved have a reasonable connection to the ultimate fact presumed. Presumption of guilt should not be conclusive.
Factors considered in setting the amount of bail: 1) Ability to post bail 2) Nature of the offense 3) Penalty imposed by law 4) Character and reputation of the accused 5) Health of the accused 6) Strength of the evidence 7) Probability of appearing at the trial 8) Forfeiture of previous bail bonds 9) Whether accused wasQuickTime a fugitive and afrom justice TIFF (Uncompressed) decompressor when arrested are needed to see this picture. 10) If accused is under bond in other cases Implicit limitations on the right to bail: a. The person claiming the right must be in actual detention or custody of the law. b. The constitutional right is available only in criminal cases, not, e.g. in deportation proceedings.
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Sec. 16. All persons shall have the right to a speedy disposition of their cases before all judicial, quasijudicial, or administrative bodies.
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Sec. 18. Right against involuntary servitude INVOLUNTARY SERVITUDE It is every condition of enforced or compulsory service of one to another no matter under what form such servitude may be disguised. Exceptions: 1. Punishment for a crime for which the party has been duly convicted 2. Personal military or civil service in the interest of national defense 3. In naval enlistment: a person who enlists in a merchant ship may be compelled to remain in service until the end of the voyage 4. Posse comitatus for the apprehension of criminals 5. Return to work order issued by the DOLE Secretary or the President 6. Minors under patria potestas are obliged to obey their parents. Sec. 19. Prohibition against cruel, degrading and inhuman punishment
Sec. 20. No person shall be imprisoned for debt or non-payment of a poll tax. Definition of DEBT under Section 20. Debt refers to a CONTRACTUAL obligation, whether express or implied, resulting in any liability to pay money. Thus, all other types of obligations are not within the scope of this prohibition. Thus, if an accused fails to pay the fine imposed upon him, this may result in his subsidiary imprisonment because his liability is ex delicto and not ex contractu. A FRAUDULENT debt may result in the imprisonment of the debtor if: 1. The fraudulent debt constitutes a crime such as estafa; and 2. The accused has been duly convicted.
Sec. 21. No person shall be twice put in jeopardy of punishment for the same offense. If an act is punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act.
When is a penalty cruel, degrading and inhuman? A penalty is cruel and inhuman if it involves torture or QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture. lingering suffering. (Ex. Being drawn and quartered.) A penalty is degrading if it exposes a person to public humiliation. (Ex. Being tarred and feathered, then paraded throughout town.) Standards used: 1. The punishment must not be so severe as to be degrading to the dignity of human beings. 2. It must not be applied arbitrarily.
What are the TWO KINDS OF JEOPARDY? a. First Sentence of Sec. 21: No person shall be twice put in jeopardy of punishment for the same offense. b. Second Sentence: When 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. Under the first kind of jeopardy, conviction, acquittal, or dismissal of the case without the express consent
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When can the PROSECUTION appeal from an order of dismissal: 1. If dismissal is on motion of the accused. Exception: If motion is based on violation of the right to a speedy trial or on a demurrer to evidence. 2. If dismissal does NOT amount to an acquittal or dismissal on the merits. 3. If the question to be passed upon is purely legal. 4. If the dismissal violates the right of due process of the prosecution. 5. If the dismissal was made with grave abuse of discretion. What are considered to be the SAME OFFENSE: st (under the 1 sentence of Sec. 21) 1. Exact identity between the offenses charged in the first and second cases. 2. One offense is an attempt to commit or a frustration of the other offense. 3. One offense is necessarily included or necessary includes the other. NOTE: Where a single act results in the violation of different laws or different provisions of the same law, the prosecution for one will not bar the other so long as none of the exceptions apply. Definition of double jeopardy (2 sentence of Sec. 21) Double jeopardy will result if the act punishable under the law and the ordinance are the same. For there to be double jeopardy, it is not necessary that the offense be the same. SUPERVENING FACTS Under the Rules of Court, a conviction for an offense will not bar a prosecution for an offense which necessarily includes the offense charged in the former information where: a. The graver offense developed due to a supervening fact arising from the same act or omission constituting the former charge. b. The facts constituting the graver offense became known or were discovered only after the filing of the former information. c. The plea of guilty to the lesser offense was made without the consent of the prosecutor and the offended party. d. Under (1)(b), if the facts could have been discovered by the prosecution but were not discovered because of the prosecutions incompetence, it would not be considered a supervening event.
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nd
When does first jeopardy TERMINATE: (2 REQUISITE) 1. Acquittal 2. Conviction 3. Dismissal W/O the EXPRESS consent of the accused 4. Dismissal on the merits. Examples of termination of jeopardy: QuickTime and a TIFF (Uncompressed) decompressor 1. Dismissal based on to violation of the right to a are needed see this picture. speedy trial. This amounts to an acquittal. 2. Dismissal based on a demurrer to evidence. This is a dismissal on the merits. 3. Dismissal on motion of the prosecution, subsequent to a motion for reinvestigation filed by the accused. 4. Discharge of an accused to be a state witness. This amounts to an acquittal.
EX-POST FACTO LAW One which makes an action done before the passing of the law, and which was innocent when done, criminal, and punishes such action. One which aggravates the crime or makes it greater than when it was committed. One which changes the punishment and inflicts a greater punishment than that which the law annexed to the crime when it was committed. One which alters the legal rules of evidence and receives less testimony than the law required at the time of the commission of the offense in order to convict the accused. One which assumes to regulate civil rights and remedies only BUT, in effect, imposes a penalty or deprivation of a right, which, when done, was lawful. One which deprives a person accused of a crime of some lawful protection to which he has become entitled such as the protection of a former conviction or acquittal, or a proclamation of amnesty. NOTE: The prohibition on ex post facto laws only applies to retrospective PENAL laws. Characteristics of an Ex Post Facto Law 1. Refers to criminal matters 2. Retrospective 3. Causes prejudice to the accused BILL OF ATTAINDER A bill of attainder is a LEGISLATIVE act which inflicts punishment W/O JUDICIAL trial. The bill of attainder does not need to QuickTime and a be directed at a TIFF (Uncompressed) decompressor specifically named person. may also refer to easily are needed It to see this picture. ascertainable members of a group in such a way as to inflict punishment on them without judicial trial. Elements of the bill of attainder: 1. There must be a LAW. 2. The law imposes a PENAL burden, on; 3. a NAMED INDIVIDUAL or EASILY ASCERTAINABLE MEMBERS of a GROUP.
Election of citizenship under the 1987 Constitution: Prior to the 1973 Constitution, if a Filipina married an alien, she lost her Filipino citizenship. Hence, her child would have to elect Filipino citizenship upon reaching the age of majority. Under the 1973 Constitution, however, children born of Filipino mothers were already considered Filipinos. Therefore, the provision on election of citizenship under the 1987 Constitution only applies to those persons who were born under the 1935 Constitution. In order for the children to elect Filipino citizenship, the mothers must have been Filipinos at the time of their marriage. So, if your mother was a Filipina who married an alien under the 1935 constitution and you were born before January 17, 1973, you can elect Filipino citizenship upon reaching the age of majority. When must election be made: The election must be made within a reasonable period after reaching the age of majority. Effects of naturalization: 1. The legitimate minor children of the naturalized father become Filipinos as well. 2. The wife also becomes a Filipino citizen, provided that she does not have any
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ARTICLE V SUFFRAGE Qualifications: CODE: CD18RR 1. Citizen of the Philippines 2. Not Disqualified by law 3. At least 18 years old 4. Resident of the Philippines for at least 1 year 5. Resident of the place wherein he/she proposes to vote for at least 6 months immediately preceding the election. NOTE: NO literacy, property or other substantive requirement can be imposed on the exercise of suffrage. Residency requirement Residency, under Article V has 2 senses: 1. DOMICILE This is in reference to the 1 year residency requirement in the Philippines. The principal elements of domicile physical presence in the country and intention to adopt it as ones domicile must concur. 2. TEMPORARY RESIDENCE This is in reference to the 6 month residency requirement in the place where one wants to vote. In this case, residence can either mean domicile or temporary residence. Disqualifications: 1. Any person sentenced by final judgment to imprisonment of not less than 1 year, which disability has not been removed by plenary pardon, provided, however, That such a person shall automatically reacquire the right 2. to vote upon expiration of 5 years after service of sentence. 3. Any person adjudged by final judgment of having violated his allegiance to the Republic of the Philippines. 4. Insane or incompetent persons as declared by competent authority.
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Representative Not more than 250 members 35 yrs. old 25 yrs. old Natural- born citizen of the Philippines Able to read and write Registered voter Registered voter in the district in which he shall be elected n/a to party-list Resident of the Resident of the said Philippines for at least district for at least 1 2 years immediately year immediately preceding the election preceding election n/a to party-list Term of 6 yrs. Term of 3 yrs. Unless otherwise provided by law, term of office commence at noon of June 30 next following the lection Term limit of not more Term limit of not more than 2 consecutive than 3 consecutive years years NOTE: The qualifications of both Senators and Members of the House are limited to those provided by the Constitution. Congress cannot, by law, add or subtract from these qualifications. Voluntary renunciation For any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected.
Senator 24 senators
District Representatives: 1. Elected from legislative districts which are apportioned in accordance with the number of inhabitants of each area and on the basis of a uniform and progressive ratio. 2. Each district shall comprise, as far as practicable, contiguous, compact and adjacent territory;
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MAY, by limited
law,
be
Party-List Representatives Constitute 20% of the total number of representatives or a maximum of 50 party-list members. However, for 3 consecutive terms from February 2, 1987 (i.e., the 1987-92, 92-95 and 95-98 terms), 25 seats shall be allotted to sectoral representatives. Under Art. XVIII, Sec. 7, the sectoral representatives are to be appointed by the President until legislation otherwise provides. Mechanics of the party-list system 1. Registered organizations submit a list of candidates in order of priority. 2. During the elections, these organizations are voted for at large. 3. Those parties getting at least 2% of the total votes cast for the party-list system shall be entitled to one seat each. Those obtaining more than 2% shall be given additional seats in proportion to their total number of votes, but a none of them shallQuickTime have and more than 3 seats TIFF (Uncompressed) decompressor are needed to see this picture. each. Qualifications of Party-List Representative 1. Natural born citizen of the Philippines 2. At least 25 years of age on the day of the election (Youth sector nominee must be at least 25 years but not more than 30 years old on day of election) 3. Able to read and write
Special Election (R.A. 6645) 1. No special election will be called if vacancy occurs: a. at least eighteen (18) months before the next regular election for the members of the Senate; b. at least one (1) year before the next regular election members of Congress 2. The particular House of Congress where vacancy occurs must pass either a resolution if Congress is in session or the Senate President or the Speaker must sign a certification, if Congress is not in session, a. declaring the existence of vacancy; b. calling for a special election to be held within 45 to 90 days from the date of the resolution or certification.
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Sections 13-14: DISQUALIFICATIONS: Disqualifications: DISQUALIFICATION 1) Cannot hold any other office or employment in the Government or any subdivision, agency or instrumentality thereof, including GOCCS or their subsidiaries. 2) Legislators cannot be appointed to any office.
CONGRESSIONAL
WHEN APPLICABLE During his term. If he does so, he forfeits his seat.
3) Legislators cannot personally appear as counsel before any court of justice, electoral tribunal, quasi-judicial and administrative bodies. 4) Legislators cannot be financially interested directly or indirectly in any contract with or in any franchise, or special privilege granted by the Government, or any subdivision, agency or instrumentality thereof, including any GOCC or its subsidiary. 5) Legislators cannot intervene in any matter before any office of the government.
IF the office was created or the emoluments thereof increased during the term for which he was elected. During his term of office.
When it is for his pecuniary benefit or where he may be called upon to act on account of his office.
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Regular Sessions: Congress convenes once every year on the 4th Monday of July (unless otherwise provided for by law). Continues in session for as long as it sees fit, until 30 days before the opening of the next regular session, excluding Saturdays, Sundays, and legal holidays. Special Sessions: Called by the President at any time when Congress is not in session.
it
may
deem
Election of Officers By a majority vote of all respective members. Quorum to do business: 1. Majority of each House shall constitute a quorum. 2. A smaller number may adjourn from day to day and may compel the attendance of absent members. 3. In computing a quorum, members who are outside the country and thus outside of each Houses coercive jurisdiction are not included. Internal Rules: As part of their inherent power, they can determine their own rules. Hence, the courts cannot intervene in the implementation of these rules insofar as they affect the members of Congress. Discipline: 1. Suspension needs concurrence of 2/3 of ALL its members and shall not exceed 60 days. Or, QuickTime and a TIFF (Uncompressed) decompressor 2. Expulsion - Concurrence of 2/3 of ALL its are needed to see this picture. members. Congressional Journals and Records: General rule, the Journal is conclusive upon the courts but an enrolled bill prevails over the contents of the Journal.
Sec. 18: THE COMMISSION ON APPOINTMENTS Composition: 1. Senate President as ex-officio chairman; 2. 12 Senators; and 3. 12 Members of the House.
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Question Hour -- Appearance of department heads before Congress: Under the principle of separation of powers, department heads cannot be compelled to appear before Congress. Neither may the department heads impose their appearance upon Congress. Department heads may appear before Congress in the following instances: 1. Upon their own initiative, with the consent of the President (and that of the House concerned); or 2. Upon the request of either House (which cannot compel them to attend) And, their appearance will be conducted in EXECUTIVE SESSION when: 1. Required by the security of state or required by public interest; and 2. When the President so states in writing Question Hour (Sec. 22, Article VI) Only a department head Entire body Legislative Investigation (Sec. 21, Article VI) Any person
As to persons who may appear As to who conducts the investigation As to the subject matter
Committees
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Limitations: 1. Powers will be exercised for a limited period only; and 2. Powers will be subject to restrictions prescribed by Congress Sections 24-27, 30-31 LEGISLATION Bills that must originate from the House of Representatives (Sec. 24) (CODE: A R T Pu Lo P) 1. Appropriation bills 2. Revenue bills 3. Tariff bills 4. Bills authorizing the increase of public debt 5. Bills of local application 6. Private bills NOTE: The Senate may, however, propose or concur with amendments. Appropriation bills The primary and specific aim of an appropriation bill is to appropriate a sum of money from the public treasury. E.g. Budget BUT: A bill creating a new office, and appropriating funds therefor is NOT an appropriation bill. Revenue Bill A revenue bill is one specifically designed to raise money or revenue through imposition or levy. But a provision in, for instance, the Videogram Regulatory Board law imposing a tax on video rentals does not make the law a revenue bill. Bills of local application A bill of local application, such as one asking for the conversion of a municipality into a city, is deemed to have originated from the House provided that the bill of the House was filed prior to the filing of the bill in the Senate even if, in the end, the Senate approved its own version. Limitations: A. For appropriation bills: 1. Cannot increase the appropriations recommended by the President for the
OF
QuickTime and a Vote requirement:TIFF (to declare the existence of a (Uncompressed) decompressor are needed to see this picture. state of war) 1. 2/3 of both Houses, 2. in joint session 3. Voting separately
Emergency powers: During times of war or other national emergency, Congress may, BY LAW, authorize the President to
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Readings Each bill must pass three (3) readings in both Houses which shall be held on separate days & printed copies thereof in its final form shall be distributed to its Members three (3) days before its passage. Exception: If a bill is certified as urgent by the President as to the necessity of its immediate enactment to meet a public calamity or emergency, the 3 readings can be held on the same day. First reading only the title is read; the bill is passed to the proper committee Second reading Entire text is read and debates are held, and amendments introduced. Third reading only the title is read, no amendments are allowed. Vote shall be taken immediately thereafter and the yeas and nays entered in the journal. Veto power of President: 1. Must be presented to and signed by the President. 2. May veto the same and return it with his objections to the House from which it originated. The House shall enter the objections in the Journal and proceed to reconsider it. 3. The President must communicate his decision to veto within 30 days from the date of receipt thereof. If he fails to do so, the bill shall become a law as if he signed it. 4. This rule eliminates the pocket veto whereby the President would simply refuse to act on the bill. 5. To OVERRIDE the veto, at least 2/3 of ALL the members of each House must agree to pass the bill. In such case, the veto is overridden and becomes a law without need of presidential approval. General Rule: If the president disapproves a bill enacted by Congress, he should veto the entire bill. He is not allowed to veto separate items of a bill. Exception: Item veto in the case of appropriation, revenue, and tariff bills
2. Appropriations bill
Exceptions to the Exception: 1. Doctrine of Inappropriate Provisions- a provision that is constitutionally inappropriate for an appropriation bill may be singled for veto even if it is not an appropriation or revenue item (Gonzales vs. Macaraig, 191 SCRA 452) 2. Executive Impoundment- refusal of the President to spend funds already allocated by Congress for specific purpose. It is the failure to spend or obligate budget authority of any type (Philconsa vs. Enriquez, G.R. No. 113105. August 19, 1994) Veto of RIDER A rider is a provision which does not relate to a particular appropriation stated in the bill. Since it is an invalid provision under Section 25(2), the President may veto it as an item.
Sec. 2 Qualifications
Initiative: The power of the people to propose amendments to the Constitution or to propose and enact legislation called for the purpose. Referendum: Power of the electorate to approve or reject legislation through an election called for the purpose. Required Petition 1. Should be signed by at least 10% of the total number of registered voters 2. Every legislative district should be represented by at least 3% of the registered voters 3. Petition should be registered ARTICLE VII. THE EXECUTIVE DEPARTMENT Sec. 1. Executive Power Scope: 1. Executive power is vested in the President of the Philippines. 2. Such is not limited to those set forth in the constitution. The SC, in Marcos v. Manglapus, referred to the RESIDUAL powers of the President as the Chief Executive of the country, which powers include others QuickTime not set forth in the and a TIFF (Uncompressed) decompressor Constitution. areEXAMPLE: The President is needed to see this picture. immune from suit and criminal prosecution while he is in office. 3. Privilege of immunity from suit is personal to the President and may be invoked by him alone. It may also be waived by the President, as when he himself files suit. 4. BUT The President CANNOT dispose of state property unless authorized by law.
Sec. 4. OFFICE
Manner of Election 1. The President and Vice-President shall be elected by direct vote of the people. 2. Election returns for President and VicePresident, as duly certified by the proper Board of Canvassers shall be forwarded to Congress, directed to the Senate President. 3. Not later than 30 days after the day of the election, the certificates shall be opened in
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4.
5. 6.
7.
Sec. 6. SALARIES AND EMOLUMENTS 1. Official salaries are determined by law. 2. Salaries cannot be decreased during the TENURE of the President and the VicePresident. 3. Increases take effect only after the expiration of the TERM of the incumbent during which the increase was approved. 4. Prohibited from receiving any other emolument from the government or any other source during their TENURE
2. Vacancies after the office is initially filled: VACANCY SUCCESSOR President dies, is Vice-President permanently becomes President for disabled, is the unexpired term. impeached, or resigns. Both President and 1. Senate President Vice-President die, or become permanently 2. In case of his disabled, are inability, the impeached, or Speaker of the resign. House shall act as President until the President or VP shall have been elected and qualified. 3. Vacancy in office of Vice-President during the term for which he was elected: a) President will nominate new VP from any member of either House of Congress. b) Nominee shall assume office upon confirmation by majority vote of ALL members of both Houses, voting separately. (Nominee forfeits seat in Congress) 4. Election of President and Vice-President after vacancy during term a) Congress shall convene 3 days after the vacancy in the office of both the President and the VP, without need of a call. The convening of Congress cannot be suspended. b) Within 7 days after convening, Congress shall enact a law calling for a special election to elect a President and a VP. The special election cannot be postponed. c) The special election shall be held not earlier than 45 days not later than 60 days from the time of the enactment of the law. d) The 3 readings for the special law need not be held on separate days. e) The law shall be deemed enacted upon its approval on third reading.
1. Vacancies at the beginning of the term VACANCY SUCCESSOR President-elect VP-elect will be Acting fails to qualify or to President until someone be chosen is qualified/chosen as President. President-elect VP becomes President. QuickTime and a dies or is TIFF (Uncompressed) decompressor are needed to see this picture. permanently disabled. Both President 1) Senate President or and VP-elect are 2) In case of his not chosen or do inability, the Speaker not qualify or both of the House shall act die, or both as President until a become President or a VP permanently shall have been
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Constitution (e.g. VP can be appointed a Cabinet Member, Sec. of Justice sits on Judicial and Bar Council); or the positions are ex-officio and they do not receive any salary or other emoluments therefor (e.g. Sec. of Finance is head of Monetary Board).
2) Practicing, directly or indirectly, any other profession during their tenure; 3) Participating business; in any
SOURCE OF DISQUALIFICATION Prohibited from: 1) Holding any office or employment during their tenure, UNLESS: otherwise provided in the
4) Being financially interested in any contract with, or in any franchise, or special privilege granted by the government or any subdivision, agency or instrumentality thereof, including GOCC's or their subsidiaries. N.B. The rule on disqualifications for the President and his Cabinet are stricter than the normal rules applicable to appointive and elective officers under Art. IX-B, Sec. 7. Cannot be appointed during Presidents tenure as: 1) Members of the Constitutional Commissions; 2) Office of the Ombudsman; 3) Department Secretaries; 4) Department undersecretaries; 5) Chairman or heads of
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a. This includes the Chairman and members of the Commission on Human Rights, whose appointments are provided for by law NOT by the Constitution. b. Congress may, by law, vest the appointment of other officers lower in rank in the President alone or in the courts, or in the heads of departments, agencies, boards or commissions. c. BUT: Congress cannot, by law, require CA confirmation of the appointment of other officers for offices created subsequent to the 1987 Constitution (e.g. NLRC Commissioners, Bangko Sentral Governor). d. ALSO: Voluntary submission by the President to the CA for confirmation of an appointment which is not required to be confirmed does not vest the CA with jurisdiction. The President cannot extend the scope of the CAs power as provided for in the Constitution. Procedure: 1. CA confirmation needed: a) Nomination by President b) Confirmation by CA c) Appointment by President; and d) Acceptance by appointee. NOTE: At any time before all four steps have been complied with, the President can withdraw the nomination/appointment. 2. No CA confirmation: a) Appointment; and b) Acceptance. NOTE: Once appointee accepts, President can no longer withdraw the appointment. Ad-interim appointments: 1. When Congress is in recess, the President may still appoint officers to positions subject to CA confirmation. 2. These appointments are effective immediately, but are only effective until they are disapproved by the CA or until the next adjournment of Congress. 3. Appointments to fill an office in an acting capacity are NOT ad-interim in nature and need no CA approval. Appointments by an Acting President:
N.B. President also appoints members of the Supreme Court and judges of the lower courts, but these appointments do not need CA confirmation. 5. All other officers whose appointments are not otherwise provided for by law; and those whom he may be authorized by law to appoint.
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Scope: Being the Commander-in-Chief of the Armed Forces, whenever necessary, the President may call out the AFP 1. to PREVENT or SUPPRESS: a. Lawless violence; b. Invasion; or c. Rebellion. 2. May also: a. Suspend the privilege of the writ of habeas corpus; and b. Proclaim a state of martial law. Suspension of the privilege of the writ of habeas corpus and declaring martial law; 1. Grounds a. Invasion or b. Rebellion; and c. Public safety requires it. 2. The invasion or rebellion must be ACTUAL and not merely imminent. 3. Limitations: a. Suspension or proclamation is effective for only 60 days. b. Within 48 hours from the declaration or suspension, the President must submit a report to Congress. c. Congress, by majority vote and voting jointly, may revoke the same, and the President cannot set aside the revocation.
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G.R.
No.
President Arroyo issued Presidential Proclamation No. 1017 declaring a state of national emergency, stating that the proximate cause behind the executive issuances was the conspiracy among members of the political opposition in a plot to unseat or assassinate President Arroyo. By virtue of PP1017, political rallies were cancelled, rallyists were violently dispersed, and warrantless arrests and take-over of facilities, including media, were implemented. On March 3, 2006, PGMA issued PP1021 declaring that the state of national emergency has ceased to exist. Issues: A. PROCEDURAL 1. W/N the issuance of PP 1021 renders the petitions moot and academic 2. W/N the petitioners in 171485 (Escudero, et.al), 171400 (Alternative Law Groups, Inc.), 171483 (Kilusang Mayo Uno, et al.), 171489 (Cadiz, et.al.), and 171424 (Legarda) have legal standing. B. SUBSTANTIVE 1. W/N the SC can review the factual bases of PP 1017 2. W/N PP 1017 and G.O. 5 are unconstitutional a. Facial Challenge b. Constitutional Basis c. As Applied Challenge Held: A. Procedural 1. PGMAs issuance of PP 1021 did not render the present petitions moot and academic. Courts will decide cases, otherwise moot and academic, if: first, there is a grave violation of the Constitution; second, the exceptional character of the situation and the paramount public interest is involved; third, when constitutional issue raised requires formulation of controlling principles to guide the bench, the bar, and the public; and fourth, the case is capable of repetition yet evading review. 2. All petitioners have locus standi. Even if the plaintiff who asserts a public right, fails to prove that he has a personal and substantial interest in the case such that he has sustained, or will sustain direct injury as a result, the requirement of locus standi may
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IBP v. Zamora, G.R. 141284 The factual necessity of calling out the armed forces is something that is for the President to decide, but the Court may look into the factual basis of the declaration to determine if it was done with grave abuse of discretion amounting to lack of jurisdiction.
2. However, the provisions of PP 1017 commanding the AFP to enforce laws not related to lawless violence, as well as decrees promulgated by the President, are declared UNCONSTITUTIONAL. The assailed PP 1017 is unconstitutional insofar as it grants PGMA the authority to promulgate decrees. Legislative power is peculiarly within the province of the Legislature. She can only order the military, under PP 1017, to enforce laws pertinent to its duty to suppress lawless violence. 3. In addition, the provision in PP 1017 declaring national emergency under Section 17, Article VII of the Constitution is CONSTITUTIONAL, but such declaration does not authorize the President to take over privately-owned public utility or business affected with public interest without prior legislation. 4. G.O. No. 5 is CONSTITUTIONAL since it provides a standard by which the AFP and the PNP should implement PP 1017, i.e. whatever is necessary and appropriate actions and measures to suppress and prevent acts of lawless violence. Considering that acts of terrorism have not yet been defined and made punishable by the Legislature, such portion of G.O. No. 5 is declared UNCONSTITUTIONAL. Hence, the various warrantless arrest; the imposition of standards on media or any form of prior restraint on the press, as well as the warrantless search of the Tribune offices and whimsical seizure of its articles for publication and other materials, are declared UNCONSTITUTIONAL for PP 1017 is merely an invocation of the Presidents calling-out power; there is nothing in it allowing the police, expressly or impliedle, to conduct illegal arrest, search, or violate the citizens constitutional rights.
Sec. 19: EXECUTIVE CLEMENCY Scope: After conviction by final judgment, the President may grant the following: [ Pa R C Re] 1. Pardons (conditional or plenary) 2. Reprieves 3. Commutations 4. Remittance of fines and forfeitures NOTE: The power to grant clemency includes cases involving administrative penalties. Where a conditional pardon is granted, the determination of whether it has been violated rests with the President. Limitations: A. Cannot be granted: 1. Before conviction In cases of impeachment
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1. The Court rules that PP 1017 is CONSTITUTIONAL insofar as it constitutes a call by President Gloria Macapagal-Arroyo on the AFP to prevent or suppress lawless violence, which pertains to a spectrum of conduct, and not free speech, which is manifestly subject to state regulation.
2.
2. Subject to such limitations as may be provided by law. a. Monetary Board shall submit to Congress report on loans within 30 days from the end of every quarter. Section 21. Foreign Relations Powers include: 1. Power to negotiate treaties and other international agreements BUT: Such treaty or international agreement needs to pass to the Senate which has the following options: a. Approve with 2/3 majority; b. Disapprove outright; or c. Approve conditionally, with suggested amendments which if re-negotiated and the Senates suggestions are incorporated, the treaty will go into effect without need of further Senate approval However, if re-negotiated, there is no treaty. If theres conflict between treaty and municipal law, then under; a. Philippine Courts: The later enactment will prevail, be it treaty or law, as it is the latest expression of the States will. b. International tribunal: Treaty will always prevail. A State cannot plead its municipal law to justify noncompliance with an international obligation. NOTE: While our municipal law makes a distinction between international agreements and executive agreements, with the former requiring Senate approval and the latter not needing the same, under international law, there is no such distinction. NOTE: The President cannot, by executive agreement, undertake an obligation which indirectly circumvents a legal prohibition. 2. Power to appoint ambassadors, other public ministers, and consuls. Power to receive ambassadors and other public ministers accredited to the Philippines. Power to contract and guarantee foreign loans on behalf of the Republic Power to deport aliens a. This power is vested in the President by virtue of his office, subject only to restrictions as may be provided by
3.
Sec. 20. Power to Contract or Guarantee Foreign Loans Limitations: 1. The President may contract or guarantee foreign loans on behalf of the Republic of the Philippines with the prior concurrence of the Monetary Board; and
4.
5.
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judges of lower noncollegiate courts Citizen of the Philippines (may be a naturalized citizen)
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Under the supervision of the SC. A. Composition 1. Chief Justice, as ex-officio chairman 2. Secretary of Justice, as an ex-officio member 3. Representative of Congress, as an ex-officio member 4. Representative of the Integrated Bar 5. A professor of law 6. A retired member of the SC; and 7. Private sector representative NOTE: The last four are the regular members of the JBC. Regular members are appointed by the President with CA approval. Regular members serve for 4 years, with staggered terms. B. Functions of JBC Principal function: recommend appointees to the Judiciary Exercise such other functions as the SC may assign to it. C. Appointments to the Judiciary President shall appoint from a list of at least 3 nominees for each vacancy, as prepared by the JBC. No CA confirmation is needed for appointments to the Judiciary. Vacancies in SC should be filled within 90 days from the occurrence of the vacancy. Vacancies in lower courts should be filled within 90 QuickTime and a days from submission to the President of the JBC list. TIFF (Uncompressed) decompressor
are needed to see this picture.
Sec. 10. SALARIES Salaries of SC Justices and judges of lower courts shall be fixed by law. Cannot be decreased during their continuance in office, but can be increased. Members of the Judiciary are NOT exempt from payment of income tax.
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APPELLATE jurisdiction over final judgments and orders in the following: 1) All cases involving the constitutionality or validity of any: treaty, international or executive agreement, law, decree, presidential order, proclamation, instruction, ordinance, or, regulation; 2) All cases involving the legality of any: tax, impost, toll, assessment or any penalty imposed in relation thereto; 3) All cases in which the jurisdiction of any lower court is in issue 4) Criminal cases where the penalty imposed is reclusion perpetua or higher; and 5) All cases where ONLY errors or questions of law are involved.
3. Temporarily assign lower court judges to other stations in the public interest. Note: Temporary assignment shall not exceed 6 months without the consent of the judge concerned.
needed to see this picture. 4. Order a change of are venue or place of trial to avoid a miscarriage of justice. QuickTime and a TIFF (Uncompressed) decompressor
5. Promulgate rules concerning: i. The protection and enforcement of constitutional rights; ii. Pleading, practice and procedure in all courts; iii. Admission to the practice of law;
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NOTE: The Ombudsman and his deputies are subject to the same qualifications. Sec. 3. SALARIES 1. Salaries are fixed by law and shall not be decreased during their TENURE. 2. Decreases in salaries only affect those members appointed AFTER increase. 3. Incumbent members do not lose any salary. 4. Increases take effect IMMEDIATELY. Sec. 6. RULES OF PROCEDURE Procedures: 1. Rules: The Commissions may promulgate their own rules EN BANC. 2. Limitation: The rules shall not: a. Diminish, b. Increase, or c. Modify substantive rights. 3. Power of SC a. The SC may not, under Art. VIII Sec. 5(5), exercise the power to disapprove rules of "special courts and quasi-judicial bodies." b. In proceedings before the Commissions, the rules of the Commission prevail. c. In proceedings before a court, the Rules of Court prevail. d. The SC may, however, in appropriate cases, exercise JUDICIAL REVIEW Sec. 7. DECISION MAKING/APPEAL Decision-Making: 1. Each commission shall decide matter or cases by a majority vote of all the members within 60 days from submission. a. COMELEC may sit en banc or in 2 divisions. b. Election cases, including pre-proclamation controversies are decided in division, with motions for reconsideration filed to the COMELEC en banc . QuickTime and a TIFF (Uncompressed) decompressor c. The SC has are held that a majority decision needed to see this picture. decided by a division of the COMELEC is a valid decision. 2. As COLLEGIAL BODIES, each commission must act as one, and no one member can decide a case for the entire commission. (i.e. The Chairman cannot ratify a decision which would otherwise have been void).
B. Non-competitive positions 1. No need for competitive examinations. 2. 3 kinds a. Policy-determining - formulate a method of action for the government b. Primarily confidential - more than ordinary confidence; close intimacy insures freedom of intercourse without betrayals of personal trust. c. Highly technical - requires technical skill to a superior degree. C. The TEST to determine whether non-competitive is the nature of the responsibilities, NOT the administrative or legislative description given to it. D. Both types of positions are entitled to security of tenure. They only differ in the MANNER in which they are filled. E. Who may be appointed: 1. RULE: Whoever fulfills all the qualifications prescribed by law for a particular position may be appointed therein. 2. The CSC cannot disapprove an appointment just because another person is better qualified, as long as the appointee is himself qualified. QuickTime and a TIFF (Uncompressed) decompressor 3. The CSC CANNOT add qualifications other are needed to see this picture. than those provided by law. F. Next-In-Rank Rule While a person next in rank is entitled to preferential consideration, it does not follow that only he, and no one else, can be appointed. Such person has no vested right to the position and the appointing
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8.
Recommend to the President the removal of any officer or employee it has deputized, or the imposition of any other disciplinary action, for violation or disregard of, or disobedience to its directive, order, or decision.
9. Submit to the President and the congress a comprehensive report on the conduct of each election, plebiscite, initiative, referendum, or recall. Sec. 3. MAKING RULES OF PROCEDURE/ DECISION-
Rules of Procedure 1. COMELEC can sit en banc or in two divisions 2. It has the power to promulgate its own rules of procedure in order to expedite disposition of election cases, including pre-election controversies. Decision-Making 1. Election cases should be heard and decided in division. 2. However, motions for reconsideration of decisions should be decided by COMELEC en banc. a. Decisions mean resolutions on substantive issues. b. If a division dismisses a case for failure of counsel to appear, the Motion for Reconsideration here may be heard by the division. c. EXCEPTION: COMELEC en banc may directly assume jurisdiction over a petition to correct manifest errors in the tallying of results by Board of Canvassers. NOTE: In Balajonda v. COMELEC (GR No. 166032), the COMELEC CAN ORDER IMMEDIATE EXECUTION OF ITS OWN JUDGMENTS. Sec. 4. SUPERVISION/REGULATION OF FRANCHISES / PERMITS / GRANTS / SPECIAL PRIVILEGES / CONCESSIONS Regulation of franchises 1. What can COMELEC supervise or regulate a. The enjoyment or utilization of all franchises or permits for the operation of transportation and other public utilities, media of communication or information. b. Grants, special privileges or concessions granted by the Government or any
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7.
Recommend to the Congress effective measures to minimize election spending, including limitation of places where propaganda materials shall be posted, and to prevent and penalize all forms of election frauds, offenses, malpractices, and nuisance candidacies.
Sec. 6. A free and open PARTY SYSTEM Definition of POLITICAL PARTY Organized group of persons pursuing the same political ideals in a government and includes its branches, and divisions. Importance of registration of political party are needed to seea this picture. 1. Registration confers juridical personality on the party. 2. It informs the public of the party's existence and ideals. 3. It identifies the party and its officers for purposes of regulation by the COMELEC.
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c.
GOCCs and their subsidiaries incorporated under the Corporation Code. d. Non-governmental entities receiving subsidies or equity, directly or indirectly, from or through the government, which are required by law of the granting of institution to submit to such audit. 3. If COA finds internal control system of audited agencies as inadequate, COA may adopt measures, including temporary or special pre-audit, as may be necessary. 4. Keep the general accounts of the government, preserving vouchers and other supporting papers pertaining thereto. 5. Exclusive authority to define the scope of COAs audit and examination and to establish the techniques and methods required therefor. 6. Promulgate accounting and auditing rules and regulations. a. Including those for the prevention or disallowance of irregular, unnecessary, excessive, extravagant, or unconscionable expenditures or uses of government funds and properties. b. Failure to comply with these rules can be a ground for disapproving the payment of a proposed expenditure. NOTE: 1. The functions of COA can be classified as: a. Examine and audit all forms of government revenues; b. Examine and audit all forms of govt expenditures c. Settle govt accounts d. Promulgate accounting and auditing rules (including those for the prevention of irregularexpenditures). e. To decide administrative cases involving expenditures of public funds. 2. COA can settle only LIQUIDATED ACCOUNTS or those accounts, which may be adjusted simply by arithmetic process. 3. COA has authority not just over accountable officers but also over other officers who perform functions related to accounting such as verification of evaluations and computation of fees collectible, and the adoption of internal rules of control. 4. COA does not have the power to fix the amount of an unfixed or undetermined debt.
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2. Conduct post-audit with respect to the following: a. Constitutional bodies, commissions, and offices granted fiscal autonomy; b. Autonomous state colleges and universities;
Supervision of President 1. The President exercises GENERAL supervision over all LGUs 2. The President exercises DIRECT supervision over a. Provinces b. Autonomous regions and c. Independent cities. 3. This power is limited to ensuring that lower officers exercise their functions in accordance with law. 4. The President cannot substitute his judgment for that of an LGU official unless the latter is acting contrary to law. 5. The President may, however, impose administrative sanctions against LGU officials, such as suspension for 120 days, and may even remove them from their posts, in accordance with law. 6. Provinces exercise DIRECT supervision over component cities and municipalities. 7. Cities and municipalities exercise DIRECT supervision over component barangays. Sec. 5. EACH LOCAL GOVERNMENT SHALL HAVE THE POWER TO CREATE OWN SOURCES
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1. Requisites a. Compliance with the requirements of the Local Government Code; and
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LGC, Section 33 Consolidation and coordination may be done through appropriate ordinance wherein a PUBLIC HEARING should be conducted and the approval of the sanggunian obtained. An LGU can: 1. Contribute funds, real estate, equipment and other kinds of property 2. Appoint/assign personnel under such terms and conditions as may be agreed upon by the participating LGUs through MEMORANDA OF AGREEMENT. Sec. 14. REGIONAL DEVELOPMENT COUNCILS Who can provide for RDC The President shall provide for RDC or other similar bodies composed of: Composition 1. Local government officials 2. Regional heads of departments and other government offices 3. Representatives of NGOS within the regions For Purpose of: 1. Administrative decentralization 2. To strengthen local autonomy 3. To accelerate the economic and social growth and development of the units in the region Sec. 15. AUTONOMOUS REGIONS Where: Muslim Mindanao and the Cordillera region Factors: 1. Historical heritage 2. Cultural heritage 3. Economic and social structures, 4. Other relevant characteristics within: 5. The framework of the constitution 6. National sovereignty 7. Territorial integrity. Creation: Provided BY LAW. EFFECTIVITY of such creation occurs only when it is approved by a majority of the votes cast in a plebiscite held among the constituent units. Only those Provinces, Cities, and Geographical Areas voting favorably in such plebiscite shall form part of the autonomous region.
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Sec. 13. Coordination among LGUS Consolidation and Coordination of Efforts, Services and Resources It is optional on the part of LGUs as shown by the use of the word may. It can be done for purposes commonly beneficial to them in accordance with the law.
of
the
national
ACCOUNTABILITY
OF
PUBLIC
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451
SCRA
413,
2. 3. 4. 5.
6. 7. 8.
Ratio: The fact that legislature. in mandating the inclusion of presidents, directors or trustees, or managers of government-owned and controlled corporations within the jurisdiction of the Sandiganbayan, has consistently refrained form making any distinction with respect to the manner of their creation clearly reveals its intention to include such officials of GOCCs with original charters and those organized and incorporated under the Corporation Code within the jurisdiction of the Sandiganbayan whenever they are involved in graft and corruption.
8-14:
OFFICE
OF
THE
NOTE: If the verified complaint or resolution of impeachment was filed by at least 1/3 of all the Members of the House, it shall constitute the Articles of Impeachment. Trial in the Senate shall proceed. Trial in the Senate Senate has the sole power to try and decide all cases of impeachment. For this purpose, the Senators shall be under oath or affirmation. When the President of the Philippines is on trial, the CJ of the Supreme Court presides. However, he/she will not vote. Judgment of Conviction This requires the concurrence of 2/3 of all the Members of the Senate Effect of the Impeachment 1. Removal from office of the official concerned QuickTime and a TIFF (Uncompressed) decompressor 2. Disqualification to hold any office under the are needed to see this picture. Republic of the Philippines 3. Officer still liable to prosecution, trial, and punishment if the impeachable offense committed also constitutes a felony or crime.
Composition: 1. Ombudsman/Tanodbayan 2. Overall deputy - at least one Deputy each for Luzon, Visayas and Mindanao. Deputy for military establishment may be appointed
Qualifications: (Ombudsman and his deputies) 1. Natural born citizen of the Philippines 2. At least 40 years old at time of appointment 3. Of recognized probity and independence 4. Member of the Philippine bar 5. Must not have been candidate for any elective office in the immediately preceding election 6. For Ombudsman: He must have been for ten years or more a. A judge or b. Engaged in the practice of law in the Philippines Disqualifications/Prohibitions (under Article IX, Section 2) 1. Cannot hold any other office or employment during his tenure 2. Cannot engage in the practice of any profession or in the active management or control of any business which may be affected by the functions of his office 3. Cannot be financially interested, directly or indirectly, in any contract with or in any
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Coverage: This prohibition applies to: 1. President 2. Vice-President 3. Members of the Cabinet 4. Members of Congress 5. Members of Supreme Court 6. Members of Constitutional Commissions Ombudsman 7. Any firm or entity in which they have controlling interest When prohibition applies: during their TENURE. Scope of prohibition: 1. The above mentioned officials cannot obtain, directly or indirectly for BUSINESS PURPOSES: a. Loans b. Guarantees c. Other forms of financial accommodation from: i. Government owned or controlled banks; or ii. Government owned or controlled financial institutions. 2. If the loan, etc, is NOT for business purpose, e.g. a housing loan, the prohibition does not apply. Section 17: Statements of assets, liabilities and net worth When submitted: Public officer and employee shall submit a declaration under oath of his assets, liabilities and net worth upon assumption of office and as often as required under the law. When declaration shall be disclosed to the public:
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Under the 1987 Constitution, the existing Tanodbayan became the Office of the Special Prosecutor Powers It will continue to function and exercise its powers as now or hereafter may be provided by law Exception: Powers conferred on the Office of the Ombudsman NOTE: The Office of the Special Prosecutor is subordinate to and acts QuickTime under and the orders of the a TIFF (Uncompressed) decompressor Ombudsman are needed to see this picture. NOTE: According to Jack, the SC was wrong because the ConCom intended that the SP was to prosecute anti-graft cases.
Three-fold goal: 2. More equitable distribution of opportunities, income and wealth; 3. Sustained increase in the amount of goods and services produced by the nation for the benefit of the people; and 4. Expanding productivity, as the key to raising the quality of life for all. The State shall promote industrialization and full employment 1. It should be based on sound agricultural development and agrarian reform 2. It should be through industries that make full and efficient use of human and natural resources. Industries should also be competitive in both domestic and foreign markets. Protection of Filipino enterprises The State shall protect Filipino enterprises against unfair foreign competition and trade practices. Role of Private Enterprises Private enterprises, including corporations, cooperatives, and similar collective organizations, shall be encouraged to broaden the base of their ownership. Section 2. REGALIAN DOCTRINE Distinction between Imperium and Dominium Imperium: Government authority possessed by the State which is appropriately embraced in sovereignty. Dominium: a. The capacity of the State to own and acquire property. b. It refers to lands held by the government in a proprietary character: can provide for the exploitation and use of lands and other natural resources. Scope:
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2.
3.
4.
resources
5.
Exploration, Development and Utilization of Natural Resources 1. Shall be under the full control and supervision of the State 2. Means a. The state may DIRECTLY UNDERTAKE such activities b. The state may enter into COPRODUCTION, JOINT VENTURE OR PRODUCTION-SHARING arrangements with Filipino citizen or Corporation or association at least 60% of whose capital is owned by such citizens 3. Limitations: a. Period: It should not exceed 25 years, renewable for not more than 25 years b. Under terms and conditions as may be provided by law. 5. In case of water rights/water supply/fisheries/industrial uses other than the development of water power 6. The beneficial use may be the measure and limit of the grant. Small-scale Utilization of Natural Resources 1. Congress may, by law, authorize small-scale utilization of natural resources by Filipino citizens 2. Congress may also authorize cooperative fish farming with priority given to subsistence QuickTime and a TIFF (Uncompressed) decompressor fishermen and fishworkers the rivers, are needed to see this picture. in lakes, bays and lagoons. Large-Scale Exploration, Development and Utilization of Minerals/Petroleum/Other Mineral Oils 1. The President may enter into agreements with foreign owned corporations involving technical or financial assistance for large-
Protection of Marine Wealth 1. The State shall protect its marine wealth in its archipelagic waters, territorial sea & EEZ 2. The State shall reserve its use and enjoyment exclusively to Filipino citizens. Sec. 3. LANDS OF THE PUBLIC DOMAIN ARE CLASSIFIED INTO: 1. 2. 3. 4. Agricultural Forest/timber Mineral lands & National Parks
NOTE: 1. Reclassification of PUBLIC (MINERAL AND AGRICULTURAL) lands exclusive prerogative of the Executive Department through the Office of the President, upon recommendation by the DENR. But as to FOREST AND NATIONAL PARKS, it is the Congress which has the sole power to reclassify. 2. Classification is descriptive of the legal nature of the land and NOT what it looks like. Thus, the fact that forest land is denuded does not mean it is no longer forest land. Alienable lands of public domain 1. Only agricultural lands are alienable. 2. Agricultural lands may be further classified by law according to the uses to which they may be devoted. Limitations regarding Alienable Lands of the Public Domain 1. For private corporations or associations a. They can only hold alienable lands of the public domain BY LEASE
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2. In determining ownership and extent of ancestral domain, Congress may use customary laws on property rights and relations. 3. ANCESTRAL DOMAIN a. It refers to lands which are considered as pertaining to a cultural region b. This includes lands not yet occupied, such as deep forests. Section 7. PRIVATE LANDS General rule 1. Private lands CAN only be transferred or conveyed to: a. Filipino citizens b. Corporations or associations incorporated in the Philippines, at least 60% of whose capital is owned by Filipino citizens Exceptions i. In intestate succession, where an alien heir of a Filipino is the transferee of private land. ii. A natural born citizen of the Philippines who has lost his Philippine citizenship may be a transferee of PRIVATE LAND, subject to limitation provided by law. Hence, land can be used only for residential purposes. In this case, he only acquires derivative title. iii. Foreign states may acquire land but only for embassy and staff residence purposes. 3. Filipino citizenship is only required at the time the land is acquired. Thus, loss of citizenship after acquiring the land does not deprive ownership. 4. Restriction against aliens only applies to acquisition of ownership. Therefore: a. Aliens may be lessees or usufructuaries of private lands b. Aliens may be mortgagees of land, as long as they do not obtain possession thereof and do not bid in the foreclosure sale. 5. Land tenure is not indispensable to the free exercise of religious profession and worship. A religious corporation controlled by nonFilipinos cannot acquire and own land, even for religious purposes. Remedies to recover private disqualified aliens: 1. Escheat proceedings lands from
Protection of Indigenous Cultural Communities 1. The State protects the rights of indigenous cultural communities to their ancestral lands a. Subject to Constitutional provisions b. Subject to national development policies and programs
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Power of Congress 1. Congress, upon the recommendation of NEDA, can reserve to Filipino citizens or to corporations or associations at least 60% of whose capital is owned by such citizens, or such higher percentage as Congress may prescribe, certain areas of investment. This may be done when the national interest dictates. 2. Congress shall also enact measures to encourage the formation and operation of enterprises whose capital is wholly owned by Filipinos. National Economy and Patrimony In the grant of rights, privileges and concessions QuickTime and a TIFF (Uncompressed) decompressor covering the national are economy needed to see this and picture. patrimony, the State shall give preference to QUALIFIED Filipinos. Sec. 11. FRANCHISES FOR PUBLIC UTILITIES Power to grant: 1. Congress may directly grant a legislative franchise; or
Participation of Foreign Investors 1. The participation of foreign investors in the governing body of any public utility enterprise shall be limited to their proportionate share in its capital. 2. Foreigners cannot be appointed as the executive and managing officers because these positions are reserved for Filipino citizens. Sec.16.FORMATION/ORGANIZATION/ REGULATION OF CORPORATIONS 1. Private corporations Congress can only provide for the formation, etc of private corporations through a general law. 2. GOCCs They may be created by: a. Special charters in the interest of the common good and subject to the test of economic viability. b. By incorporation under the general corporation law.
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Mass media
Advertising
Educational Institution
1. The Constitution does NOT prohibit the existence of monopolies. 2. The State may either regulate or prohibit monopolies, when public interest so requires. 3. Combinations in restraint of trade or unfair competition are prohibited. Filipino citizenship or equity requirements: ACTIVITY CITIZENSHIP AND/OR EQUITY REQUIREMENTS Exploitation of natural 1. Filipino citizens; or resources 2. Corporations incorporated in RP, with 60% Filipino ownership QuickTime and a Operation of Public TIFF (Uncompressed) 1. Filipino citizens; or decompressor are needed see this picture. Utilities 2.toCorporations incorporated in RP, with 60% Filipino ownership Acquisition of alienable 1. Filipino citizens; or lands of the public 2. Corporations domain incorporated in RP, with 60% Filipino ownership 3. Former natural-born citizens of RP, as
ARTICLE XIII SOCIAL JUSTICE AND HUMAN RIGHTS Social Justice 1. Social justice in the Constitution is principally the embodiment of the principle that those who have less in life should have more in law. 2. The 1987 Constitution advances beyond what was in previous Constitutions in that it seeks not only economic social justice but also political social justice. Principal activities in order to achieve social justice 1. Creation of more economic opportunities and more wealth; and 2. Closer regulation of the acquisition, ownership, use and disposition of property in
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2. 4 members Qualifications: 1. Natural-born citizens of the Philippines; 2. Majority of the Commission must be members of the Philippine Bar; 3. Term of office, other qualifications and disabilities shall be provided by law; 4. The appointment of the CHR members is NOT subject to CA confirmation; and 5. The CHR is not of the same level as the COMELEC, CSC, or COA. Powers: 1. INVESTIGATE all forms of human rights violations involving civil or political rights a. Violations may be committed by public officers or by civilians or rebels. b. CHR cannot investigate violations of social rights. c. CHR has NO adjudicatory powers over cases involving human rights violations. d. They cannot investigate cases where no rights are violated. e. Example: There is no right to occupy government land, i.e. squat thereon. Therefore, eviction therefrom is NOT a human rights violation. 2. ADOPT operational guidelines and rules of procedure. 3. CITE FOR CONTEMPT for violations of its rules, in accordance with the Rules of Court. 4. PROVIDE APPROPRIATE LEGAL MEASURES for the protection of the human rights of all persons, within the Philippines, as well as Filipinos residing abroad, and provide for preventive measures and legal aid services to the underprivileged whose human rights have been violated or need protection. a. CHR can INITIATE COURT PROCEEDINGS on behalf of victims of human rights violations. b. They can RECOMMEND THE PROSECUTION of human rights violators, but it cannot itself prosecute these cases. c. BUT: The CHR CANNOT ISSUE RESTRAINING ORDERS OR INJUNCTIONS against alleged human rights violators. These must be obtained from the regular courts. 5. EXERCISE VISITORIAL POWERS over jails, prisons and other detention facilities. 6. ESTABLISH CONTINUING PROGRAMS FOR RESEARCH, education and information
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8.
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11. 12.
ARTICLE XIV - EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE, AND SPORTS Education Goals of the State: The State shall promote and protect: 1. The right to quality education at all levels; 2. The right to affordable and accessible education; and 3. Education that is relevant to the needs of people and society. Right to Education and Academic Freedom The right to education must be read in conjunction with the academic freedom of schools to require fair, reasonable, and equitable admission requirements. Power to Dismiss Students 1. Schools have the power to dismiss students, after due process, for disciplinary reasons. 2. Acts committed outside the school may also be a ground for disciplinary action if: a. It involves violations of school policies connected to school-sponsored activities; or QuickTime and a TIFF (Uncompressed) decompressor b. The misconduct the students are needed toaffects see this picture. status, or the good name or reputation of the school. Regulation of Right to Education The right to education in particular fields may be regulated by the State in the exercise of its police power, e.g. the State may limit the right to enter
ARTICLE XVI - GENERAL PROVISIONS Sections 1-2. Symbols of Nationality 1. FLAG a. Red, white, and blue. b. With a sun and 3 stars c. The design may be changed constitutional amendment. 2. Congress may, by law, adopt a new: A. NAME FOR THE COUNTRY, b. NATIONAL ANTHEM, or C. NATIONAL SEAL.
by
NOTE: Law will take effect upon ratification by the people in a NATIONAL REFERENDUM. Section 3. State Immunity Suability of State 1. The State cannot be sued without its consent. 2. When considered a suit against the State a. The Republic is sued by name; b. Suits against an un-incorporated government agency; c. Suit is against a government official, but is such that ultimate liability shall devolve on the government i. When a public officer acts in bad faith, or beyond the scope of his authority, he can be held personally liable for damages. ii. BUT: If he acted pursuant to his official duties, without malice, negligence, or bad faith, he is not personally liable, and the suit is really one against the State. 3. This rule applies not only in favor of the Philippines but also in favor of foreign states. 4. The rule likewise prohibits a person from filing for interpleader, with the State as one of the defendants being compelled to interplead.
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GENERAL RULE: Government cannot be made to pay interests; EXCEPTIONS: 1. Eminent domain; 2. Erroneous collection of taxes; or 3. Where government agrees to pay interest pursuant to law. Section 4. THE ARMED FORCES OF THE PHILIPPINES Composition: A citizen armed force Prohibitions and disqualifications: 1. Military men cannot engage, directly or indirectly, in any partisan political activity, except to vote. 2. Members of the AFP in active service cannot be appointed to a civilian position in the government, including GOCCs or their subsidiaries. The Chief of Staff: GENERAL RULE: Tour of duty: Not to exceed three years EXCEPTION: In times of war or other national emergency as declared by Congress, the President may extend such tour of duty. ARTICLE XVII- AMENDMENTS OR REVISIONS DEFINITIONS:
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the exercise of legislative power ordinarily needs the approval of the Chief Executive, except when done by people through initiative and referendum.
Three (3) steps necessary to give effect to amendments and revisions: 1. Proposal of amendments or revisions by the proper constituent assembly; 2. Submission of the proposed amendments or revisions; and 3. Ratification. Proposal of amendments:
QuickTime and a Amendments may be proposed by: TIFF (Uncompressed) decompressor are needed to see this picture. 1. Congress, acting as a constituent assembly, by a 3/4 vote of all its members. a. The power of Congress to propose amendments is NOT part of its ordinary legislative power. b. The only reason Congress can exercise such power is that the Constitution has granted it such power. 2. Constitutional Convention:
Effectivity of the 1987 Constitution The 1987 Constitution took effect immediately upon its ratification. According to the SC, this took place on February 2, 1987, which was the day the
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ii.
c.
General Principles Of Law - Principles common to most national systems of law; rules based on natural justice. Ex. good faith, estoppel, exhaustion of local remedies
2. Secondary a. Judicial Decisions - a subsidiary means for the determination of rules of law (e.g., determining what rules of customary IL exist) that is acceptable so long as they correctly interpret and apply int'l law. NOTE: Even decisions of national courts, when applying int'l law, are acceptable. Ex. Principles on diplomatic immunity have been developed by judgments of national courts. b. Teachings Of The Most Highly Qualified Publicists -- The word 'Publicist' means 'learned writer.' Learned writings, like judicial decisions, can be evidence of customary law, and can also play a subsidiary role in developing new rules of law. Requisites for Highly Qualified Publicist 1. Fair and impartial representation of law. 2. By an acknowledged authority in the field. Q: What is 'INSTANT' CUSTOM? A: Customary law may emerge even within a relatively short period of time, if within that period, State Practice has been uniform and extensive. It comes about as a spontaneous activity of a great number of states supporting a specific line of action.
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are needed see this picture. 2. Principal Rules of toInternational Connection to Treaties
Law
in
a. Pacta Sunt Servanda All parties to a Treaty must comply with their Treaty Obligation in Good Faith. NOTE: A state can avoid PERFORMANCE if the treaty obligation collides with its Constitution, but it CANNOT escape LIABILITY it may incur as a result of such non-performance.
STATE RESPONSIBILITY 1. It is the doctrine which holds a state responsible for any injury sustained by an alien within its jurisdiction. Because of an international wrong imputable to it, the state will be responsible if it is shown that it participated in the act or omission complained of or was remiss in redressing the resultant wrong. 2. Elements of State Responsibility a, breach of an international obligation b, attributability 3. Types of State responsibility a, Direct responsibility-attaches to the state if the wrongful act/omission was effected through any of its superior organs acting on its behalf
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Ex.: cutting off economic aid (this is lawful because there is no legal obligation to provide economic aid). 2. REPRISAL - an act which would normally be illegal but which is rendered legal by a prior illegal act committed by the State against which the reprisal is directed; it is a form of retaliation against the prior illegal act. 3. Reprisals may be used only when other means of redress (e.g. protests and warnings) have failed. 4. SEVERANCE (OF DIPLOMATIC RELATIONS)- One country cuts of all diplomatic ties with another, as a sign of protest/hostility. 5. NAVAL BLOCKADE- Blocking the ports of a country with naval forces. 6. EMBARGO- Preventing the ingress to and egress from a country of commercial and other goods; refusal by a state to undertake commercial transactions with another state. SPECIAL TOPICS Extradition 1. EXTRADITION is the surrender of a person by one state to another state where he is wanted for prosecution or, if already convicted, for punishment. 2. Basis of Extradition: a treaty. Outside of treaty, there is no rule in international law compelling a State to extradite anyone. Such may be done, however, as a gesture of comity. 3. Principles: a. Principle of Specialty - a fugitive who is extradited may be tried only for the crime specified in the request for extradition and such crime is included in the list of extraditable offenses in the treaty. b. Under the Political offense exception, most extradition treaties provide that political and religious offenders are not subject to extradition. Attentant Clause- assassination of head of state or any member of his family is not regarded as political offense for purposes of extradition. Also for the crime of genocide. c. There can only be extradition if there is a treaty between the states.
by the Bill of Rights. The process of extradition does not involve the determination of the guilt or innocence of an accused. His guilt or innocence will be adjudged in the court of the state where he will be extradited. There is NO deprivation of the right to due process. Dissent (original decision): Under the extradition treaty, the prospective extraditee may be provisionally arrested pending the submission of the request. Because of this possible consequence, the evaluation process is akin to an administrative agency conducting an investigative proceeding, and partakes of the nature of a criminal investigation. Thus, the basic due process rights of notice and hearing are indispensable. Assuming that the extradition treaty does not allow for such rights, the Constitutional right to procedural due process must override treaty obligations. When there is a conflict between international law obligations and the Constitution, the Constitution must prevail. United Nations Organs 1. GENERAL ASSEMBLY Composition: All members of the UN (as of 1996: 185 member States) Function: The GA may discuss any question or matter within the scope of the Charter or relating to the powers and functions of any other organ. It is also vested with jurisdiction over matters concerning internal machinery and operations of the UN. 2. SECURITY COUNCIL Composition: 15 members: a. 5 Permanent Members (China, France, UK, US, Russia) b. 10 non-permanent: elected for 2 year terms by the General Assembly. Function: the maintenance of international peace and security. Q: What is the "double veto"? A: In all non-procedural matters, each permanent member is given a 'veto' - a Security Council decision is ineffective if even one permanent member votes against it. The veto does not ordinarily apply to Procedural matters. However, a permanent member may exercise a 'double veto' when it vetoes any attempt to treat a question as procedural, and then proceed to veto any draft resolution dealing with that question. 1. SECRETARIAT - CHIEF ADMINISTRATIVE ORGAN OF THE UN 2. ECONOMIC AND SOCIAL COUNCIL - organ charged with promoting social progress and better standards of life in larger freedom
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ISSUE: During the evaluation stage of the extradition proceedings, is private respondent entitled to the two basic due process rights of notice and hearing? HELD: Private respondent is bereft of the right to notice and hearing during the evaluation stage of the extradition process. Extradition is a proceeding sui generis. It is not a criminal proceeding which will call into operation all the rights of an accused guaranteed
Use Of Force 1. Under Article 2(4) of the UN Charter, all member States are bound to refrain from the threat or use of force against the territorial integrity or political independence of a State. Recognized exceptions: a) self-defense b) military action taken or authorized by the UN or competent Regional organizations (such as NATO).- collective self- defense 2. Requirement of proportionality in the use of force 3. Aggression- as used in international law means the use of armed force by a state against the sovereignty, territorial integrity or political independence of another state, or in army other manner inconsistent with the charter of the UN. Types: direct indirect- ideological agression Calvo Clause It is a provision inserted in contracts, in which the foreigner agrees in advance not to seek the diplomatic protection of his national State. In general, International Courts have disregarded such clauses, as the right to diplomatic protection is a right which belongs to a State, and waiver from an individual does not bind his State. State Immunity (Jure Imperii And Jure Gestionis) Originally, under customary international law the doctrine of absolute state immunity applied, covering all areas of State activity and recognizing only very narrow exceptions. Nowadays, the rule is to adopt a doctrine of QuickTime and a TIFF (Uncompressed) decompressoris granted to qualified immunity -that is, immunity are needed to see this picture. foreign States only in respect of their governmental acts (acts jure imperii), not in respect of their commercial acts (acts jure gestionis). Diplomatic Immunity Diplomatic Immunity is a principle of customary international law that grants immunity to diplomatic representatives, in order to uphold their dignity as representatives of their respective states and to allow them free and unhampered exercise of their
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2. Three General duties/ obligations of states: Just like the ICCPR and other human rights conventions, ESCR imposes three different types of obligations: a. To respect- requires to refrain from interfering with enjoyment of rights. Thus, there is violation if it engages in forced eviction; b. To protect- requires states to prevent violations by third parties. Thus, failure to ensure compliance by private employers with basic labor standards violates the right to work; c. To fulfill- requires states to take appropriate measures (legislative, judicial etc.) towards the full realization of the rights. Thus, the states failure to provide essential primary health care to the needy amounts to a violation.
International Covenant on Civil and Political Rights (ICCPR) What are some of the civil and political rights recognized under the ICCPR? 1. Right of the peoples to self-determination (art. 1) 2. Right to an effective remedy (art. 2) 3. Equal rights of men and women in the enjoyment of civil and political rights/ nopndiscrimination on the basis of sex (Art. 3) 4. Right to life (art. 6) 5. Freedom from torture or cruel, inhuman or degrading punishment (art. 7) 6. Freedom from slavery (art. 8) 7. Right to liberty and security of person (art. 9) 8. Right to be treated with humanity in cases of deprivation of liberty (art. 10) 9. Freedom from imprisonment for failure to fulfill a contractual obligation (art. 11) 10. Freedom of movement and the right to travel (art. 12) 11. Right to a fair, impartial and public trial (art. 14) 12. Freedom from ex post fact laws (art. 15) 13. Right of recognition everywhere as a person before the law (art. 16) 14. Right to privacy (art. 17) 15. Freedom of thought, conscience, and religion (art. 18) 16. Freedom of expression (art. 19) 17. Freedom of peaceful assembly (art. 21) 18. Freedom of association (art. 22) 19. Right to marry and found a family (art. 23)
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It supplements the statute by filling in the details Legislative regulations have the force and effect of law immediately upon going into effect. Such is accorded by the courts or by express provision of statute.
It says what the statute means Merely persuasive/ Received by the courts with much respect but not accorded with finality
Requisites of a Valid Administrative Regulation 1. Its promulgation must be authorized by the legislature. 2. It must be within the scope of the authority given by the legislature. 3. It must be promulgated in accordance with the prescribed procedure. 4. It must be reasonable. Need for Previous Notice and Hearing 1. General Rule: Administrative rules of GENERAL application do NOT require previous notice and hearing. 2. Exceptions: a. When the legislature itself requires it and mandates that the regulation shall be based on certain facts as determined at an appropriate investigation. b. And, if the regulation is in effect a settlement of a controversy between specific parties, it is considered an administrative adjudication, requiring notice and hearing.
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Tudtud v. Caayon ,454 SCRA 10 (March 28, 2005) Ratio: Civil Service Commission Resolution No. 99-1936 classifies simple neglect of duty as a less grave offense and imposes the penalty of suspension of 1 month and 1 day to 6 months for the first offense.
(Uncompressed) decompressor Lim v.Dumlao, 454TIFF SCRA 196 (March 31, are needed to see this picture. 2005) Ratio: Unjustified failure to comment on an administrative complaint constitutes gross misconduct and insubordination. QuickTime and a
Bagano v. Hontanosas, 458 SCRA 59 (May 6, 2005) Ratio: When the law or rule is so elementary, as that which written motions to be heard, not knowing about it constitutes gross ignorance of the law even in the absence of malicious intent. Mendoza v National Police Commission ,460 SCRA 399 (June 21, 2005) Ratio: In cases where the decision rendered by a bureau or office is appealable to the Civil Service Commission, the same may initially be appealed to the Department and finally to the Commission. Concerned Taxpayer v Doblada*, 470 SCRA 218 (September 20, 2005) Ratio: The prescription provided for in RA 3019 does not apply in administrative cases administrative offenses do not prescribe.
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as long as they act within the scope of their authority. Under the LGC (25), the President exercises direct supervision over provinces, highly urbanized cities and independent component cities. He exercises indirect supervision over component cities and municipalities through the provinces. He also exercises indirect supervision over barangays through the city or municipality concerned. Control It means the power of an officer to alter or modify or nullify or set aside what a subordinate officer has done in the performance of his/her duties and to substitute the judgment of the former for that of the latter. In relation to LGUs, it is Congress which exercises control over them. Police Power Police power is not inherent in municipal corporations. Under the LGC, LGUs exercise police power under the general welfare clause (See 16) Branches of the general welfare clause One branch relates to such ordinances and regulations as may be necessary to carry into effect and discharge the powers and duties conferred upon the municipal council by law. The second branch is more independent of the specific functions of the council. It authorizes ordinances as are necessary and proper to provide for the health and safety, promote prosperity, improve morals, peace, good order etc. Eminent Domain and Reclassification of Land Requisites for Valid Exercise [CODE: OPJO] 1. ORDINANCE authorizing the local chief executive to subject a certain property to expropriation 2. Expropriation should be for a PUBLIC USE/PURPOSE or for the WELFARE of the POOR/LANDLESS. 3. Payment of JUST COMPENSATION 4. Valid and definite OFFER TO PAY which was NOT accepted. Role of Supervising Local Government Unit It can only declare the ordinance invalid on the sole ground that it is beyond the power of the
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Disqualifications for Local Elective Officials ( 40) 1. Those sentenced by final judgment for an offense involving moral turpitude, or QuickTime and a TIFF (Uncompressed) decompressor for an offense punishable by 1 year or are needed to see this picture. more of imprisonment within 2 years after serving sentence 2. Those removed from office as a result of an administrative case. 3. Those convicted by final judgment for violating the oath of allegiance to the Republic 4. Those with dual citizenship
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b. by appointment VACANCY 1. Sanggunian Panlalawigan or Panlungsod of highly urbanized cities and independent component cities 2. Sangguniang Panlungsod of Component Cities, Sangguniang Bayan 3. Sangguniang Barangay
Governor
City/Municipal QuickTime and a Mayor upon TIFF (Uncompressed) decompressor are needed to see this picture. Recommendation of the Sanggunian barangay concerned
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2. Governor
3. Mayor
3. Duration of preventive suspension Single preventive suspension should not exceed 60 days. If several administrative cases are filed against an elective official, he cannot be preventively suspended for more than 90 days within a single year on the same ground/s existing and known at the time of the first suspension. Suspension It should not exceed the unexpired term of the respondent or a period of 6 months for every administrative offense. Penalty is NOT a bar to the candidacy of the respondent suspended as long as he meets the qualifications for the office. Removal as result of Administrative Investigation It serves as a BAR to the candidacy of the respondent for any elective position. Recall ( 69-75) Recall is the power of the electorate (registered voters) to remove a local elected official for loss of confidence through the holding of a special/recall election. Two modes of initiating a recall: 1. adoption of a resolution by the Preparatory Recall Assembly (composed of local officials of the lower/supervised local government unit) 2. petition by at least 25% of the registered voters. GROUND = Loss of confidence
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2. Governor
2. City
2. Procedure Session in a public place to initiate recall proceeding Resolution adopted by a majority of all the members of the PRA during the session called for the purpose of initiating recall proceedings II. By Petition of Registered Voters Petition of at QuickTime least 25% of the total and a TIFF (Uncompressed) decompressor number of registered voters in the are needed to see this picture. LGU concerned during the election in which the local official sought to be recalled was elected. The written petition for recall should be duly signed before the election registrar or his representative and in the presence of the representative of the petitioner and the official sought to be recalled.
approve, amend or reject any ordinance enacted by the Sanggunian. Authority of Courts The proper courts can still declare void any proposition adopted pursuant to an initiative/referendum on the following grounds: 1. Violation of the Constitution 2. Want of capacity of the Sanggunian concerned to enact the measure. Camid v. Office of the President, 448 SCRA 711 (January 17, 2005) Ratio: Pelaez (122 Phil 965) and its offspring cases ruled that the President has no power to create municipalities, yet limited its nullificatory effects to the particular municipalities challenged in actual cases before this Court. With the promulgation of the Local Government Code, the legal cloud was lifted over the municipalities similarly created by Executive Order but not judicially annulled Section 442B of the Local Government Code deemed curative whatever legal effects to title those municipalities had labored under. Municipal corporations may exist by prescription where it is shown that the community has claimed and exercised corporate functions, with the knowledge and acquiescence of the legislature, and without interruption or objection for period long enough to afford title by prescription. The legal effect of the nullification of a municipality in Pelaez case was to revert the constituent barrios of the voided town back into their original municipalities.
The Court cannot accept the Governments proposition that the only properties that may be expropriated under Republic Act No. 8974 are parcels of land RA No. 8974 contemplates within its coverage such real property constituting land, buildings, roads, and constructions of all kinds adhered to the soil.
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III. Disqualifications The following are grounds for disqualification to hold public office: 1. mental or physical incapacity, 2. misconduct or crime, 3. impeachment, 4. removal or suspension from office, 5. previous tenure of office, 6. consecutive terms, 7. holding more than one office, 8. relationship with the appointing power, 9. office newly created or the emoluments of which have been increased, 10. being an elective official, 11. having been a candidate for any elective position, and 12. grounds under the local government code. In the absence of constitutional inhibition, Congress has the same right to provide disqualifications that it has to provide qualifications for office. When the constitution has attached a disqualification to the holding of any office, Congress cannot remove it under the power to prescribe qualifications as to such offices as it may create. Presumption is in favor of eligibility. The qualifications are continuing requirements and must be possessed not only at the time of appointment or election or assumption of office but during the officers entire tenure. Limitations on the power of the legislature to prescribe qualifications: 1. The legislature may not reduce or increase the qualifications prescribed in an exclusive manner by the Constitution. 2. The legislature may prescribe only general qualifications. 3. The qualifications must be relevant to the office for which they are prescribed. IV. Selection for Public Office A public officer is chosen either by appointment or election. 1. Appointment
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REQUIREMENTS FOR PUBLIC OFFICE I. Eligibility and Qualification Eligibility is the state or quality of being legally fit or qualified to be chosen. Qualification refers to the act which a person, before entering upon the performance of his duties, is by law required to do such as the taking, and often, subscribing and filing of an official oath, and, in some cases, the giving of an official bond. Who are required to give an official bond? Accountable public officers or those to whom are entrusted the collection and custody of public money, and public ministerial officers whose actions may affect the rights and interests of individuals. II. Formal qualifications: 1. citizenship, 2. age, 3. suffrage, 4. residence,
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