[Type text]

Preamble

We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and Humane Society and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and posterity, the blessings of Independence and Democracy, under the ule of !a", a egime of #ruth, $ustice, Freedom, !ove, %&uality and 'eace, do ordain and promulgate this (onstitution)
ARTICLE I THE NATIONAL TERRITORY #he national territory of the 'hilippines comprises* +) #he 'hilippine archipelago ,) With all the islands and "aters embraced therein -) And all other territories over "hich the 'hilippines has jurisdiction .) (onsisting of its a) Terrestrial b) Fluvial/ and c) Aerial domains 0) Including its a) Territorial sea b) #he seabed c) #he subsoil d) #he insular shelves/ and e) #he other submarine areas 1) #he "aters a) Around b) Bet"een and c) Connecting d) #he islands of the archipelago egardless of their breadth and dimensions Form part of the I2#% 2A! WA#% S of the 'hilippines Definition of Ar !i"ela#o An archipelago is a body of "ater studded "ith islands) #he 'hilippine archipelago is that body of "ater studded "ith islands "hich is delineated in the #reaty of 'aris 3+4546, as amended by the #reaty of Washington 3+5776 and the #reaty of Great 8ritain 3+5-76) Definition of $all ot!er territories o%er &!i ! t!e P!ili""ines !as so%erei#nt' or ()ris*i tion+ It includes any territory that presently belongs or might in the future belong to the 'hilippines through any of the internationally accepted modes of ac&uiring territory) Ar !i"ela#i "rin i"le #"o elements* +) #he definition of internal "aters 3as provided above6/ ,) #he straight baseline method of delineating the territorial sea 9 consists of dra"ing straight lines connecting appropriate points on the coast "ithout departing to any appreciable e:tent from the general direction of the coast)

sovereignty or

CODE: TFA

CODE: TSSIO

CODE: ABCI

[Type text]

Im"ortant *istan es &it! res"e t to t!e &aters aro)n* t!e P!ili""ines +) #erritorial sea ; ,) (ontiguous <one ; -) %:clusive economic <one ; +, nautical miles 3n)m)6 +, n)m) from the edge of the territorial sea ,77 n)m) from the baseline =includes 3+6 and 3,6>

[Type text]

ARTICLE II DECLARATION OF PRINCIPLES AND STATE POLICIES Selected principles SEC ,- T!e P!ili""ines is a *emo rati an* re")bli an State- So%erei#nt' resi*es in t!e "eo"le an* all #o%ernment a)t!orit' emanates from t!emElements of a State .for m)ni i"al la& ")r"oses/ +) ,) -) .) CODE: PTS0

A community of persons, more or less numerous 3P%?'!%6 'ermanently occupying a definite portion of territory 3T% I#? @6 Independent of e:ternal control 3S?A% %IG2#@6 'ossessing an organi<ed government to "hich the great body of inhabitants render habitual obedience 30?A% 2B%2#6 CODE: CNCH

Definition of $Peo"le+ +) ,) -) .)

A Community of persons/ Sufficient in Number/ Capable of maintaining the continued e:istence of the community/ and Held together by a common bond of la")

Definition of $So%erei#nt'+ +) !%GA! sovereignty a) #he supreme po"er to maCe la") b) It is lodged in the people) ,) '?!I#I(A! sovereignty a) #he sum total of all the influences in a state, b) !egal and non;legal, c) Which determine the course of la") -) According to the Principle of AUTO-LIMITATION* Sovereignty is the property of the state;force due to "hich it has the e:clusive capacity of legal self;determination and self;restriction) Definition of $0o%ernment+ +) ,) -) .) 0) #hat institution or aggregate of institutions by "hich an independent society maCes and carries out those rules of action "hich are necessary to enable men to live in a social state or "hich are imposed upon the people forming that society by those "ho possess the po"er or authority of prescribing them)

Classifi ation of #o%ernments +) De j re ,) De facto ; one established by the authority of the legitimate sovereign ; one established in defiance of the legitimate sovereign

[Type text]

Classifi ation of de facto #o%ernments +) De facto proper a) #hat government that gets possession and control of b) or usurps by force or by the voice of majority c) the rightful legal government d) and maintains itself against the "ill of the latter) ,) Government of paramo nt force a) #hat "hich is established and maintained by military forces b) "ho invade and occupy a territory of the enemy c) in the course of "ar) -) #hat established as an independent government by the inhabitants of a country "ho rise in ins rrection against the parent state) Definition of $Re")bli an State+ It is one "herein all government authority emanates from the people and is e:ercised by representatives chosen by the people) Definition of Demo rati State #his merely emphasi<es that the 'hilippines has some aspects of direct democracy such as initiative and referendum) SEC- 1- T!e P!ili""ines reno)n es &ar as an instr)ment of national "oli '2 a*o"ts t!e #enerall' a e"te* "rin i"les of international la& as "art of t!e la& of t!e lan* an* a*!eres to t!e "oli ' of "ea e2 e3)alit'2 ()sti e2 free*om2 oo"eration2 an* amit' &it! all nations4in* of &ar reno)n e* b' t!e P!ili""ines #he 'hilippines only renounces A!!"#SSI$# %ar as an instrument of national policy) It does not renounce defensive "ar) Some 5#enerall' a Co)rt: +) e"te* "rin i"les of international la&5 re o#ni6e* b' t!e

ight of an alien to be released on bail "hile a"aiting deportation "hen his failure to leave the country is due to the fact that no country "ill accept him 3 Mejoff &' Director of Prisons, 57 'hil) D76 ,) #he right of a country to establish military commissions to try "ar criminals 3 ( roda &' )alondoni* 4- 'hil) +D+6 -) #he Aienna (onvention on oad Signs and Signals 3Ag stin &' #d * 44 S( A +506 Amit' &it! all nations #his does not mean automatic diplomatic recognition of all nations) recognition remains a matter of e:ecutive discretion) Diplomatic

SEC 7- Ci%ilian a)t!orit' is2 at all times2 s)"reme o%er t!e militar'- T!e Arme* For es of t!e P!ili""ines is t!e "rote tor of t!e "eo"le an* t!e State- Its #oal is to se )re t!e so%erei#nt' of t!e State an* t!e inte#rit' of t!e national territor'-

[Type text]

Ci%ilian a)t!orit'8s)"rema ' la)se .,st senten e/ +) (ivilian authority simply means the supremacy of the la" because authority, under our constitutional system, can only come from la") ,) Ender this clause, the soldier renounces political ambition) 9ar: of so%erei#nt' .1n* an* 7r* senten es/ +) 'ositively, this clause singles out the military as the guardian of the people and of the integrity of the national territory and therefore ultimately of the majesty of the la") ,) 2egatively, it is an e:pression of disapproval of military abuses) SEC ;- T!e "rime *)t' of t!e 0o%ernment is to ser%e an* "rote t t!e "eo"le- T!e 0o%ernment ma' all )"on t!e "eo"le to *efen* t!e State an*2 in t!e f)lfillment t!ereof2 all iti6ens ma' be re3)ire*2 )n*er on*itions "ro%i*e* b' la&2 to ren*er "ersonal2 militar'2 or i%il ser%i eSEC- <- T!e maintenan e of "ea e an* or*er2 t!e "rote tion of life2 libert' an* "ro"ert'2 an* t!e "romotion of t!e #eneral &elfare are essential for t!e en(o'ment b' all t!e "eo"le of t!e blessin#s of *emo ra 'SEC- =- T!e se"aration of C!)r ! an* State s!all be in%iolableSelected state policies SEC- >- T!e State s!all ")rs)e an in*e"en*ent forei#n "oli '- In its relations &it! ot!er states2 t!e "aramo)nt onsi*eration s!all be national so%erei#nt'2 territorial inte#rit'2 national interest2 an* t!e ri#!t to self?*eterminationSEC- @- T!e P!ili""ines2 onsistent &it! t!e national interest2 a*o"ts an* ")rs)es a "oli ' of free*om from n) lear &ea"ons in its territor'Polic+ of freedom from n clear %eapons +) #he policy ' ?HI8I#S* a) #he possession, control and manufacture of nuclear "eapons b) 2uclear arms tests) ,) #he policy does 2?# prohibit the peaceful uses of nuclear energy) SEC- ,1- T!e State re o#ni6es t!e san tit' of famil' life an* s!all "rote t an* stren#t!en t!e famil' as a basi a)tonomo)s so ial instit)tion- It s!all e3)all' "rote t t!e life of t!e mot!er an* t!e life of t!e )nborn from on e"tion- et Principle that the famil+ is not a creat re of the state' Prote tion for t!e )nborn +) It is not an assertion that the unborn is a legal person) ,) It is not an assertion that the life of the unborn is placed e:actly on the level of the life of the mother) Hence, "hen it is necessary to save the life of the mother, the life of the unborn may be sacrificed) -) Ender this provision, the oe v) Wade doctrine allo"ing abortion up to the 1 th month of pregnancy cannot be adopted in the 'hilippines because the life of the unborn is protected from the time of conception)

[Type text]

SEC- ,=- T!e State s!all "rote t an* a*%an e t!e ri#!t of t!e "eo"le to a balan e* an* !ealt!f)l e olo#' in a or* &it! t!e r!'t!m an* !armon' of nat)re+) While the right to a balanced and healthful ecology is found under the declaration of 'rinciple and State 'olicies and not under the 8ill of ights, it does not follo" that it is less important than any of the civil and political rights enumerated in the latter) 3?posa v) Factoran6 #he right to a balanced and healthful ecology carries "ith it the correlative duty to refrain from impairing the environment) 3?posa v) Factoran6

,)

SEC- 1=- T!e State s!all #)arantee e3)al a ess to o""ort)nities for ")bli ser%i e2 an* "ro!ibit "oliti al *'nasties as ma' be *efine* b' la&SEC- 1>- T!e State s!all maintain !onest' an* inte#rit' in t!e ")bli ser%i e an* ta:e "ositi%e an* effe ti%e meas)res a#ainst #raft an* orr)"tionSEC- 1@- S)b(e t to reasonable on*itions "res ribe* b' la&2 t!e State a*o"ts an* im"lements a "oli ' of f)ll ")bli *is los)re of all its transa tions in%ol%in# ")bli interestARTICLE III BILL OF RI0HTS Se tion ,- No "erson s!all be *e"ri%e* of life2 libert' or "ro"ert' &it!o)t *)e "ro ess of la&2 nor s!all an' "erson be *enie* t!e e3)al "rote tion of t!e la&sDefinition of $Poli e Po&er+: +6 ,6 -6 .6 06 16 D6 'o"er vested in the legislature 8y the (onstitution #o maCe, ordain, and establish All manner of "holesome and reasonable la"s, statutes, and ordinances %ither "ith penalties or "ithout 2ot repugnant to the constitution As they shall judge to be for the good and "elfare of the common"ealth and of the subjects of the same)

As"e ts of $D)e Pro ess+: +) Proced ral d e process 9 refers to the mode of procedure "hich government agencies must follo" in the enforcement and application of la"s) ,) S bstanti&e d e process 9 prohibition against arbitrary la"s) Note: ' ?(%DE A! DE% ' ?(%SS* +) A la" "hich hears before it condemns) ,) Due process of la" contemplates notice and opportunity to be heard before judgment is rendered affecting oneFs person or property 3!ope< v) Dir) of !ands6 -) Due process depends on circumstances/ it varies "ith the subject matter and the necessities of the situation) Re3)isites of PROCEDARAL *)e "ro ess: For BADICIAL "ro ee*in#s: CODE: C B N O H +) A ourt or tribunal clothed "ith judicial po"er to hear and determine the matter before it) ,) Burisdiction must be la"fully ac&uired over the person of the defendant or over the property "hich is the subject of the proceedings) -) #he defendant must be given notice and an opportunity to be heard) .) $udgment must be rendered upon a la"ful !earing)

[Type text]

For AD9INISTRATICE "ro ee*in#s: CODE: H E D S H I P +) #he right to a !earing, "hich includes the right to present oneFs case and submit evidence in support thereof) ,) #he tribunal must consider the evidence presented) -) #he *ecision must have something to support itself) .) %vidence supporting the conclusion must be substantial) 0) #he decision must be based on the evidence presented at the !earing or at least contained in the record and disclosed to the parties affected) 1) #he tribunal or body or any of its judges must act on its or his o"n independent consideration of the la" and facts of the controversy, and not simply accept the vie"s of a subordinate in arriving at a decision) D) #he board or body should, in all controversial &uestions, render its decision in such a manner that the "arties to the proceeding can Cno" the various issues involved and the reasons for the decision rendered) Note: +) What is re&uired is not actual hearing, but a real opportunity to be heard) ,) #he re&uirement of due process can be satisfied by subse&uent due hearing) -) Aiolation of due process* "hen same person revie"s his o"n decision on appeal) .) 2otice and hearing are re&uired in judicial and &uasi;judicial proceedings, but not in the promulgation of general rule) For SCHOOL DISCIPLINARY "ro ee*in#s: CODE: D A In A D P +) #he student must be informed in &riting of the nature and cause of any accusation against them) ,) #he student shall have the right to ans"er the charges against him, "ith the assistance of counsel if desired) -) #he student has the right to be informed of the evidence against him) .) #he student has the right to adduce evidence in his o"n behalf) 0) #he evidence must be *uly considered by the investigating committee or official designated by the school authorities to hear and decide the case) 1) #he penalty imposed must be "roportionate to the offense) Note: +) #he school has a contractual obligation to afford its students a fair opportunity to complete the course a student has enrolled for) ,) %:ceptions* -) Serious breach of discipline/ or .) Failure to maintain the re&uired academic standard) 0) 'roceedings in student disciplinary cases may be summary/ cross; e:amination is not essential Instan es &!en !earin#s are NOT ne essar': +) When administrative agencies are e:ercising their , asi-legislati&e functions) ,) Abatement of n isance per se) -) Granting by courts of pro&isional remedies) .) (ases of pre&enti&e s spension) 0) "emo&al of temporary employees in the government service) 1) Issuance of "arrants of distraint and-or le&+ b+ the .I" /ommissioner' D) /ancellation of the passport of a person charged "ith a crime) 4) Issuance of se, estration orders 3considered a provisional remedy6) 5) $udicial order "hich prevents an accused from tra&elling abroad in order to maintain the effectivity of the courtFs jurisdiction)

[Type text]

+7) S spension of a ban01s operations by the Bonetary 8oard upon a prima facie finding of li&uidity problems in such banC) Note: +) #he right to counsel is a very basic re&uirement of substantive due process and has to be observed even in administrative and &uasi;judicial bodies) ,) #he right to appeal is a stat)tor' "ri%ile#e that may be e:ercised only in the manner in accordance "ith la") Re3)isites of SABSTANTICE *)e "ro ess: CODE: I 9 +) #he INT#"#STS of the public generally, as distinguished from those of a particular class, re&uires the interference by the government and ,) #he M#ANS employed are necessary for the accomplishment of the purpose and not unduly oppressive upon individuals) Re3)irements of a %ali* or*inan e: +) ,) -) .) 0) 1) Bust not contravene the (onstitution or any statute Bust not be unfair or oppressive Bust not be partial or discriminatory Bust not prohibit, but may regulate trade Bust be general and consistent "ith public policy Bust not be unreasonable

D!en is a la& CA0AEE +) When it lacCs (?B' %H%2SI8!% S#A2DA DS ,) #hat men of ordinary intelligence must necessarily GE%SS as to its meaning -) And differ as to its application E3)al Prote tion of t!e la& #he e&uality that it guarantees is legal e&uality or the e&uality of all persons before the la") It does not demand absolute e&uality) It merely re&uires that all persons shall be treated aliCe, under liCe circumstances and conditions both as to privileges conferred and liabilities enforced) Re3)isites for %ali* lassifi ation for ")r"oses of t!e e3)al "rote tion la)se T!e lassifi ation m)st: CODE: S0EE

+) est on SE8S#A2#IA! DIS#I2(#I?2S ,) 8e 0% BA2% to the purposes of the la" -) 2?# !IBI#%D #? EGIS#I2G (?2DI#I?2S only .) A''!@ EHEA!!@ to all members of the SAB% (!ASS) Se tion 1- T!e ri#!t of t!e "eo"le to be se )re in t!eir "ersons2 !o)ses2 "a"ers2 an* effe ts a#ainst )nreasonable sear !es an* sei6)res of &!ate%er nat)re an* for an' ")r"ose s!all be in%iolable2 an* no sear ! &arrant or &arrant of arrest s!all iss)e eF e"t )"on "robable a)se to be *etermine* "ersonall' b' t!e ()*#e after eFamination )n*er oat! or affirmation of t!e om"lainant an* t!e &itnesses !e ma' "ro*) e2 an* "arti )larl' *es ribin# t!e "la e to be sear !e* an* t!e "erson or t!in#s to be sei6e*0eneral R)le: Search and sei<ures are unreasonable E2!%SS authori<ed by a validly issued search "arrant or "arrant of arrest Re3)isites for a %ali* &arrant: CODE: P B E D

+) It must be issued upon P ?8A8!% (AES%) ,) #he e:istence of probable cause is determined personally by the BAD0E)

[Type text]

-) #he judge must EGABI2% E2D% ?A#H the complainant and the "itnesses he may produce) .) #he "arrant must 'A #I(E!A !@ D%S( I8% the place to be searched and person or things to be sei<ed) Definition of $PROBABLE CAASE+ 2or the iss ance of a %arrant of arrest3 'robable cause refers to such facts and circumstances "hich "ould lead a reasonably discreet and prudent man to believe that an offense has been committed by the person sought to be arrested) 2or the iss ance of a search %arrant3 'robable cause "ould mean such facts and circumstances "hich "ould lead a reasonably discreet and prudent man to believe that an offense has been committed and that the objects sought in connection "ith the offense are in the place to be searched) Note: 'robable cause for the issuance of a search "arrant does 2?# re&uire that the probable guilt of a specific offender be established, unliCe in the case of a "arrant of arrest) EFisten e of "robable a)se $DETER9INED PERSONALLY BY THE BAD0E+ #he judge is 2?# re&uired to personally e:amine the complainant and his "itnesses) What the (onstitution underscores is the e:clusive and personal responsibility of the issuing judge to satisfy himself of the e:istence of probable cause 3 Soli&en &' Ma0asiar, +1D S( A -5.6) #o be sure, the $udge must go beyond the prosecutorFs certification and investigation report "henever necessary 3!im v) Feli:6) Pro e*)re: +) #he judge personally evaluates the report and supporting documents submitted by the fiscal regarding the e:istence of probable cause and, on the basis thereof, issue a "arrant of arrest or ,) If on the basis thereof, the judge finds no probable cause, he may disregard the fiscalFs report and re&uire the submission of supporting affidavits of "itnesses to aid him in arriving at the conclusion as to the e:istence of probable cause) EFamination $ANDER OATH OR AFFIR9ATION OF THE CO9PLAINANT AND DITNESSES+ +) #he oath re&uired must refer to the truth of the facts "ithin the personal Cno"ledge of the complainant or his "itnesses because the purpose is to convince the judge of the e:istence of probable cause 3Alvare< v) (FI, 1. 'hil) --6) ,) #he true test of sufficiency of an affidavit to "arrant the issuance of a search "arrant is "hether it has been dra"n in such a manner that perjury could be charged thereon and affiant be held liable for the damages caused 3Alvare< v) (FI6) PARTICALARITY OF DESCRIPTION .SEARCH DARRANT/ +) A search "arrant may be said to particularly describe the things to be sei<ed "hen t!e *es ri"tion t!erein is as s"e ifi as t!e ir )mstan es &ill or*inaril' allo& or ,) When t!e *es ri"tion eF"resses a on l)sion of fa t 9 not of la" 9 by "hich the "arrant officer may be guided in maCing the search and sei<ure or -) When t!e t!in#s *es ribe* are limite* to t!ose &!i ! bear a *ire t relation to t!e offense for "hich the "arrant is being issued 3.ache and /o' &' " i4, -D S( A 4,-6)

[Type text]

BOHN DOE DARRANT A I$ohn DoeJ "arrant can satisfy the re&uirement of particularity of description if it contains a descriptio personae such as "ill enable the officer to identify the accused 3People &' $eloso, .4 'hil) +056 0ENERAL DARRANT A general "arrant is one that does not allege any specific acts or omissions constituting the offense charged in the application for the issuance of the "arrant) It contravenes the e:plicit demand of the 8ill of ights that the things to be sei<ed be particularly described) CALID DARRANTLESS SEARCH +) Search made as an incident to la"ful arrest A) An officer maCing an arrest may taCe from the person arrested* i) Any money or property found upon his person "hich "as used in the commission of the offense or ii) Was the fruit thereof or iii) Which might furnish the prisoner "ith the means of committing violence or escaping or iv) Which may be used in evidence in the trial of the case 8) #he search must be made simultaneously "ith the arrest and it may only be made in the area "ithin the reach of the person arrested ,) Search of moving vehicles A) #his e:ception is based on e:igency) #hus, if there is time to obtain a "arrant in order to search the vehicle, a "arrant must first be obtained) 8) #he search of a moving vehicle must be based on probable cause) -) Sei<ure of goods concealed to avoid customs dutiesKauthori<ed under the #ariffs and (ustoms (ode A) #he #ariffs and (ustoms (ode authori<es persons having police authority under the (ode to effect search and sei<ures "ithout a search "arrant to enforce customs la"s) 8) %:ception* A search "arrant is re&uired for the search of a d"elling house) () Searches under this e:ception include searches at borders and ports of entry) Searches in these areas do not re&uire the e:istence of probable cause

[Type text]

.) Sei<ure of evidence in plain vie" A) #o be a valid "arrantless search, the articles must be open to the eye and hand) 8) #he peace officer comes upon them inadvertently) 0) Waiver of right A) i) ii) iii) e&uisites of a valid "aiver* #he right e:ists) #he person had actual or constructive Cno"ledge of the e:istence of such right) #here is an actual intention to relin&uish such right)

8) #he right against unreasonable searches and sei<ures is a personal right) #hus, only the person being searched can "aive the same) () Waiver re&uires a positive act from the person) Bere absence of opposition is not a "aiver) D) #he search made pursuant to the "aiver must be made "ithin the scope of the "aiver) Note: +) (hecCpoints* as long as the vehicle is neither searched nor its occupants subjected to a body search and the inspection of the vehicle is limited to a visual search L valid search 3$almonte $' De $illa6 ,) (arroll rule* "arrantless search of a vehicle that can be &uicCly moved out of the locality or jurisdiction -) #he +54D (onstitution has returned to the +5-0 rule that "arrants may be issued only by judges, but the (ommissioner of Immigration may order the arrest of an alien in order to carry out a FI2A! deportation order) CALID DARRANTLESS ARRESTS +) 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) ,) When an offense has in fact just been committed and the arresting officer has personal Cno"ledge of facts indicating that the person to be arrested has committed it) -) When the person to be arrested is a prisoner "ho has escaped from a penal establishment or place "here he is serving final judgment or temporarily confined "hile his case is pending, or has escaped "hile being transferred from one confinement to another) .) Waiver of an invalid arrest* When a person "ho is detained applies for bail, he is deemed to have "aived any irregularity "hich may have occurred in relation to his arrest) 0) Hot pursuit A) #he 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) 8) #here must be no supervening event "hich breaCs the continuity of the chase)

[Type text]

1) Stop and frisC When a policeman observes suspicious activity "hich leads him to believe that a crime is about to be committed, he can investigate the suspicious looCing person and may frisC him for "eapons as a measure of self;protection) Should he find, ho"ever, a "eapon on the suspect "hich is unlicensed, he can arrest such person then and there for having committed an offense in the officerFs presence) Se tion 7- .,/ T!e "ri%a ' of omm)ni ation an* orres"on*en e s!all be in%iolable eF e"t )"on la&f)l or*er of t!e o)rt2 or &!en ")bli safet' or or*er re3)ires ot!er&ise as "res ribe* b' la&.1/ An' e%i*en e obtaine* in %iolation of t!is or t!e "re e*in# se tion s!all be ina*missible for an' ")r"ose in an' "ro ee*in#s)A) .,77 3Anti;Wiretapping Act6 +) #he la" does not distinguish bet"een a party to the private communication or a third person) Hence, both a party and a third person could be held liable under )A) .,77 if they commit any of the prohibited acts under )A) .,77 3 amire< v) (a6 ,) #he use of a telephone e:tension to overhear a private conversation is not a violation of )A) .,77 because it is not similar to any of the prohibited devices under the la") Also, a telephone e:tension is not purposely installed for the purpose of secretly intercepting or recording private communication) 3Gaanan v) IA(, +.0 S( A ++,6 T'"es of omm)ni ation "rote te*: !etters, messages, telephone calls, telegrams and the liCe) EF l)sionar' r)le: Any evidence obtained shall be inadmissible for any purpose in any proceeding) Ho"ever, in the absence of governmental interference, the protection against unreasonable search and sei<ure cannot be e:tended to acts committed by private individuals) 3People &' Martin6 Se tion ;- No la& s!all be "asse* abri*#in# t!e free*om of s"ee !2 of eF"ression2 or of t!e "ress2 or of t!e ri#!t of t!e "eo"le "ea eabl' to assemble an* "etition t!e #o%ernment for re*ress of #rie%an esD!at are onsi*ere* "rote te* s"ee !: 'rotected speech includes every form of e:pression, "hether oral, "ritten, tape or disc recorded) It includes motion pictures as "ell as "hat is Cno"n as symbolic speech such as the "earing of an armband as a symbol of protest) 'eaceful picCeting has also been included "ithin the meaning of speech) Pro!ibitions )n*er Se tion ; +) 'rohibition against ' I? %S# AI2#

,) 'rohibition against SE8S%HE%2# 'E2ISHB%2#

[Type text]

Pro!ibition a#ainst "rior restraint +) 'rior restraint means official governmental restrictions on the press or other forms of e:pression in advance of actual publication or dissemination) ,) %:amplesKforms of prior restraint a) movie censorship b) judicial prior restraint L injunction against publication c) license ta:es based on gross receipts for the privilege of engaging in the business of advertising in any ne"spaper d) flat license fees for the privilege of selling religious booCs D!en "ro!ibition *oes not a""l' a) During a "ar) %:) Government can prevent publication about the numberKlocations of its troops 32ear v) Binnesota, ,-4 ES 15D6 b) ?bscene publications) Stan*ar*s for allo&able s)bse3)ent ")nis!ment #%S# +) Dangerous #endency #est ( I#% I?2 #here should be a A#I?2A! (?22%(#I?2 bet"een the speech and the evil apprehended) #here should be a clear and present danger that the "ords "hen used under such circumstances are of such a nature as to create a (!%A A2D ' %S%2# DA2G% that they "ill bring about the substantive evils that the State has a right to prevent) #he courts should 8A!A2(% the 'E8!I( I2#% %S# served by legislation on one hand and the F %%D?B ?F S'%%(H 3or any other constitutional right6 on the other) #he courts "ill then decide "here the greater "eight should be placed)

,) (lear and 'resent Danger #est

-) 8alancing of Interests #est

Free*om of S"ee ! #he doctrine on freedom of speech "as formulated primarily for the protection of IcoreJ speech, i)e) speech "hich communicates political, social or religious ideas) #hese enjoy the same degree of protection) (ommercial speech, ho"ever, does not) Commer ial S"ee ! +) A communication "hich no more than proposes a commercial transaction) ,) #o enjoy protection* a) It must not be false or misleading/ and b) It should not propose an illegal transaction) -) %ven truthful and la"ful commercial speech may be regulated if* a) Government has a substantial interest to protect/ b) #he regulation directly advances that interest/ and c) It is not more e:tensive than is necessary to protect that interest) 3/entral 5 dson !as and #lectric /orp' &' P blic Ser&ice /ommission of N6* ..D ES 00D6 An"rote te* S"ee !

[Type text]

,- LIBEL A) 2AI" /OMM#NT 7U'S' " le8' #hese are statements of ?'I2I?2, not of fact, and are not considered actionable, even if the "ords used are neither mild nor temperate) What is important is that the opinion is the true and honest opinion of the person) #he statements are not used to attacC personalities but to give oneFs opinion on decisions and actions) 8) OPINIONS' With respect to public personalities 3politicians, actors, anyone "ith a connection to a ne"s"orthy event6, opinions can be aired regarding their public actuations) (omment on their private lives, if not germane to their public personae, are not protected) 1- OBSCENITY A) Test for obscenit+ 3Biller v) (alifornia6 i) Whether the average person, applying contemporary community standards "ould find that the "orC, taCen as a "hole, appeals to the prurient interest) ii) Whether the "orC depicts or describes, in a patently offensive "ay, se:ual conduct, specifically defined by la") iii) Whether the "orC, taCen as a "hole, lacCs serious literary, artistic, political or scientific value) .' Proced re for sei4 re of allegedl+ obscene p blications i) Authorities must apply for issuance of search "arrant) ii) (ourt must be convinced that the materials are obscene) Apply clear and present danger test) iii) $udge "ill determine "hether they are in fact IobsceneJ) iv) $udge "ill issue a search "arrant) v) 'roper action should be filed under Art) ,7+ of the '() vi) (onviction is subject to appeal) Ri#!t of Assembl' an* Petition +) #he standards for allo"able impairment of speech and press also apply to the right of assembly and petition) ,) ules on assembly in public places* i) ii) Applicant should inform the licensing authority of the date, the public place "here and the time "hen the assembly "ill taCe place) #he application should be filed ahead of time to enable the public official concerned to appraise "hether there are valid objections to the grant of the permit or to its grant, but in another public place) #he grant or refusal should be based on the application of the (lear and 'resent Danger #est) If the public authority is of the vie" that there is an imminent and grave danger of a substantive evil, the applicants must be heard on the matter) #he decision of the public authority, "hether favorable or adverse, must be transmitted to the applicants at the earliest opportunity so that they may, if they so desire, have recourse to the proper judicial authority)

iii) iv)

-)

ules on assembly in private properties* ?nly the consent of the o"ner of the property or person entitled to possession thereof is re&uired)

Se tion <- No la& s!all be ma*e res"e tin# an establis!ment of reli#ion2 or "ro!ibitin# t!e free eFer ise t!ereof- T!e free eFer ise an* en(o'ment of reli#io)s

[Type text]

"rofession an* &ors!i"2 &it!o)t *is rimination or "referen e2 s!all fore%er be allo&e*- No reli#io)s test s!all be re3)ire* for t!e eFer ise of i%il or "oliti al ri#!tsCla)ses )n*er Se tion < +) 2on;establishment clause ,) Free e:ercise of eligion Distin tion bet&een t!e la)ses .School District v. Schempp, 7>; AS 1G7/ +) #he non?establis!ment la)se does not depend upon any sho"ing of direct governmental compulsion) It is violated by the enactment of la"s "hich establish an official religion "hether those la"s operate directly to coerce non;observing individuals or not) #he test of compliance "ith the non;establishment clause can be stated as follo"s* What are the purposes and primary effect of the enactmentM If either is the advancement or inhibition of religion, the la" violates the non; establishment clause) #hus, in order for a la" to comply "ith the non;establishment clause, t"o re&uisites must be met) First, it has a secular legislative purpose) Second, its primary effect neither advances nor inhibits religion) #he free eFer ise of reli#ion la)se "ithdra"s from legislative po"er the e:ertion of any restraint on the free e:ercise of religion) In order to sho" a violation of this clause, the person affected must sho" the coercive effect of the legislation as it operates against him in the practice of his religion) While the freedom to believe 3non;establishment6 is absolute, the moment such belief flo"s over into action, it becomes subject to government regulation)

,)

Re3)isites for #o%ernment ai* to be allo&able: +) It must have a secular legislative purpose/ ,) It must have a primary effect that neither advances nor inhibits religion/ -) It must not re&uire e:cessive entanglement "ith recipient institutions) Se tion =- T!e libert' of abo*e an* of !an#in# t!e same &it!in t!e limits "res ribe* b' la& s!all not be im"aire* eF e"t )"on la&f)l or*er of t!e o)rtNeit!er s!all t!e ri#!t to tra%el be im"aire* eF e"t in t!e interest of national se )rit'2 ")bli safet' or ")bli !ealt!2 as ma' be "ro%i*e* b' la&Ri#!ts #)arantee* )n*er Se tion =: +) Freedom to choose and change oneFs place of abode) ,) Freedom to travel "ithin the country and outside)

[Type text]

C)rtailment of ri#!ts: IGH# +) !iberty of abode ,) ight to travel BA22% ?F (E #AI!B%2# !a"ful order of the court and "ithin the limits prescribed by la") Bay be curtailed even by administrative officers 3e:) passport officers6 in the interest of national security, public safety, or public health, as may be provided by la")

Note: #he right to travel and the liberty of abode are distinct from the right to return to oneFs country, as sho"n by the fact that the Declaration of Human ights and the (ovenant on Human ights have separate guarantees for these) Hence, the right to return to oneFs country is not covered by the specific right to travel and liberty of abode) 3Marcos &' Manglap s6 Se tion >- T!e ri#!t of t!e "eo"le to information on matters of ")bli s!all be re o#ni6e*Ri#!ts #)arantee* )n*er Se tion > +) ,) ight to information on matters of public concern ight of access to official records and documents on ern

Persons entitle* to t!e abo%e ri#!ts ?nly Filipino citi<ens) Dis retion of #o%ernment #he government has discretion "ith respect to the authority to determine "hat matters are of public concern and the authority to determine the manner of access to them) Re o#ni6e* restri tions on t!e ri#!t of t!e "eo"le to information: +) ,) -) .) 0) 1) D) 4) 2ational security matters Intelligence information #rade secrets 8anCing transactions Diplomatic correspondence %:ecutive sessions (losed door cabinet meetings Supreme (ourt deliberations

Se tion @- T!e ri#!t of t!e "eo"le2 in l)*in# t!ose em"lo'e* in t!e ")bli an* "ri%ate se tors2 to form )nions2 asso iations2 or so ieties for ")r"oses not ontrar' to la&2 s!all not be abri*#e*#he right to form associations shall not be impaired "ithout due process of la" and is thus an aspect of the right of liberty) It is also an aspect of the freedom of contract) In addition, insofar as the associations may have for their object the advancement of beliefs and ideas, the freedom of association is an aspect of the freedom of speech and e:pression, subject to the same limitation)

#he right also covers the right not to join an association)

[Type text]

Government employees have the right to form unions) #hey also have the right to striCe, unless there is a statutory ban on them) Se tion H- Pri%ate "ro"ert' s!all not be ta:en for ")bli om"ensationD!o an eFer ise t!e "o&er of eminent *omain: +6 #he national government a) (ongress b) %:ecutive, pursuant to legislation enacted by (ongress ,6 !ocal government units, pursuant to an ordinance enacted by their respective legislative bodies 3under !G(6 -6 'ublic utilities, as may be delegated by la") D!en is t!e eFer ise of t!e "o&er of eminent *omain ne essar'E It is only necessary "hen the o"ner does not "ant or opposes the sale of his property) #hus, if a valid contract e:ists bet"een the government and the o"ner, the government cannot e:ercise the po"er of eminent domain as a substitute to the enforcement of the contract) Elements of t!e "o&er of eminent *omain +6 #here is a #ANI2G of private property ,6 #aCing is for 'E8!I( ES% -6 'ayment of $ES# (?B'%2SA#I?2 "TAKING" A- Elements: CODE: E P A P O +) ,) -) .) 0) #he e:propriator enters the property #he entrance must not be for a momentary period, i)e), it must be "ermanent %ntry is made under "arrant or color of legal authority Property is devoted to public use Etili<ation of the property must be in such a "ay as to oust the o"ner and deprive him of the beneficial enjoyment of his property) )se &it!o)t ()st

8) (ompensable taCing does not need to involve all the property interests "hich form part of the right of o"nership) When one or more of the property rights are appropriated and applied to a public purpose, there is already a compensable taCing, even if bare title still remains "ith the o"ner) "PUBLI US!"

+) 'ublic use, for purposes of e:propriation, is synonymous "ith public "elfare as the latter term is used in the concept of police po"er) ,) %:amples of public use include land reform and sociali<ed housing)

[Type text]

""UST

#$P!NSATI#N"

+) (ompensation is just if the o"ner receives a sum e&uivalent to the marCet value of his property) BarCet value is generally defined as the fair value of the property as bet"een one "ho desires to purchase and one "ho desires to sell) ,) #he point of reference use in determining fair value is the value at the time the property "as taCen) #hus, future potential use of the land is not considered in computing just compensation) B)*i ial re%ie& of t!e eFer ise of t!e "o&er of eminent *omain +) #o determine the ade&uacy of the compensation ,) #o determine the necessity of the taCing -) #o determine the Opublic useO character of the taCing) Ho"ever, if the e:propriation is pursuant to a specific la" passed by (ongress, the courts cannot &uestion the public use character of the taCing) D!en m)ni i"al "ro"ert' is ta:en b' t!e State: (ompensation is re&uired if the property is a patrimonial property, that is, property ac&uired by the municipality "ith its private funds in its corporate or private capacity) Ho"ever, if it is any other property such a public buildings or legua comunal held by the municipality for the State in trust for the inhabitants, the State is free to dispose of it at "ill) Point of referen e for %al)atin# a "ie e of "ro"ert': General rule* #he value must be that as of the time of the filing of the complaint for e:propriation) %:ception* When the filing of the case comes later than the time of taCing and mean"hile the value of the property has increased because of the use to "hich the e:propriator has put it, the value is that of the time of the earlier taCing) 8E# if the value increased independently of "hat the e:propriator did, then the value is that of the latter filing of the case) Se tion ,G- No la& im"airin# t!e obli#ation of ontra ts s!all be "asse*D!en *oes a la& im"air t!e obli#ation of ontra ts: +6 If it changes the terms and conditions of a legal contract either as to the time or mode of performance ,6 If it imposes ne" conditions or dispenses "ith those e:pressed -6 If it authori<es for its satisfaction something different from that provided in its terms) A mere change in ' ?(%DE A! %B%DI%S "hich does not change the substance of the contract, and "hich still leaves an efficacious remedy for enforcement does 2?# impair the obligation of contracts) A valid e:ercise of police po"er is superior to obligation of contracts)

[Type text]

Se tion ,1offense-

Ri#!ts of "erson )n*er in%esti#ation for t!e

ommission of an

Ri#!ts of "erson )n*er in%esti#ation for t!e Commission of an offense CODE: SCISI +6 ,6 -6 .6 ight to remain silent ight to have ompetent and independent counsel, preferably of his o"n choice ight to provided "ith the services of counsel if he cannot afford the services of one) ight to be informed of these rights)

D!en ri#!ts are a%ailable: +6 AF#% a person has been taCen into custody or ,6 When a person is other"ise deprived of his freedom of action in any significant "ay) -6 When the investigation is being conducted by the government 3police, D?$, 28I6 "ith respect to a criminal offense) .6 Signing of arrest reports and booCing sheets) D!en ri#!ts are not a%ailable: +6 During a police line;up) %:ception* ?nce there is a move among the investigators to elicit admissions or confessions from the suspect) ,6 During administrative investigations) -6 (onfessions made by an accused at the time he voluntarily surrendered to the police or outside the conte:t of a formal investigation) .6 Statements made to a private person) EF l)sionar' r)le +6 Any confession or admission obtained in violation of this section shall be inadmissible in evidence against him 3the accused6) ,6 #herefore, any evidence obtained by virtue of an illegally obtained confession is also inadmissible, being the fruit of a poisoned tree) Re3)isites of %ali* &ai%er: +6 Waiver should be made in W I#I2G ,6 Waiver should be made in the ' %S%2(% ?F (?E2S%!) Se tion ,7- Ri#!t to bail D!o are entitle* to bail: +6 All persons A(#EA!!@ D%#AI2%D ,6 shall, 8%F? % (?2AI(#I?2 -6 8e entitled to bail) D!o are not entitle* to bail: +6 ,6 -6 'ersons charged "ith offenses 'E2ISHA8!% by %(!ESI?2 '% '%#EA or D%A#H, "hen evidence of guilt is strong 'ersons (?2AI(#%D by the trial court) 8ail is only discretionary pending appeal) 'ersons "ho are members of the AF' facing a court martial)

[Type text]

Ot!er ri#!ts in relation to bail+6 #he right to bail shall 2?# be impaired even "hen the privilege of the "rit of habeas corpus is suspended) ,6 %:cessive bail shall not be re&uired) Fa tors onsi*ere* in settin# t!e amo)nt of bail: +6 Ability to post bail ,6 2ature of the offense -6 'enalty imposed by la" .6 (haracter and reputation of the accused 06 Health of the accused 16 Strength of the evidence D6 'robability of appearing at the trial 46 Forfeiture of previous bail bonds 56 Whether accused "as a fugitive from justice "hen arrested +76 If accused is under bond in other cases Im"li it limitations on t!e ri#!t to bail: +) #he person claiming the right must be in actual detention or custody of the la") ,) #he constitutional right is available only in criminal cases, not, e)g) in deportation proceedings) Note: +) ight to bail is not available in the military) ,) Apart from bail, a person may attain provisional liberty through recogni<ance) Se tion ,;- Ri#!ts of an a )se*

Ri#!ts of a "erson !ar#e* &it! a riminal offense +) ,) -) .) 0) 1) D) ight to due process of la" ight to be presumed innocent ight to be heard by himself and counsel ight to be informed of the nature and cause of the accusation against him ight to have a speedy, impartial and public trial ight to meet the "itnesses face to face ight to have compulsory process to secure the attendance of "itnesses and the production of evidence in his behalf

%DU! P&# !SS' #his means that the accused can only be convicted by a tribunal "hich is re&uired to comply "ith the stringent re&uirements of the rules of criminal procedure) %P&!SU$PTI#N #( INN# !N !' #he (onstitution 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) 'resumption of guilt should not be conclusive)

[Type text]

%&IG)T T# B! )!A& B* )I$S!L( AND

#UNS!L'

T!e ri#!t to be !ear* in l)*es t!e follo&in# ri#!ts: +) ight to be present at the trial A) #he right to be present covers the period from A ' ?BE!GA#I?2 of sentence) AIG2B%2# to

8) After arraignment, trial may proceed not"ithstanding absence of accused, provided , re&uisites are met) 2ote, that trial in absentia is allo"ed only if the accused has been validly arraigned) 3i6 3ii6 Accused has been duly notified/ and His failure to appear is unjustifiable)

() #he accused may "aive the right to be present at the trial by not sho"ing up) Ho"ever, the court can still compel the attendance of the accused if necessary for identification purposes) %G(%'#I?2* If the accused, after arraignment, has stipulated that he is indeed the person charged "ith the offense and named in the information, and that any time a "itness refers to a name by "hich he is Cno"n, the "itness is to be understood as referring to him) D) While the accused is entitled to be present during promulgation of judgement, the absence of his counsel during such promulgation does not affect its validity) ,) ight to counsel 3a6 ight to counsel means the right to %FF%(#IA% %' %S%2#A#I?2) 3b6 If the accused appears at arraignment "ithout counsel, the judge must* 3i6 Inform the accused that he has a right to a counsel before arraignment 3ii6 AsC the accused if he desires the aid of counsel 3iii6 If the accused desires counsel, but cannot afford one, a counsel de oficio must be appointed 3iv6 If the accused desires to obtain his o"n counsel, the court must give him a reasonable time to get one) ight to an impartial judge ight of confrontation and cross;e:amination ight to compulsory process to secure the attendance of "itnesses AUS! #( A USATI#N

-) .) 0)

%&IG)T T# B! IN(#&$!D #( T)! NATU&! AND AGAINST )I$' P)r"oses of t!e ri#!t:

+6 #o furnish the accused "ith a description of the charge against him as "ill enable him to maCe his defenses ,6 #o avail himself of his conviction or ac&uittal against a further prosecution for the same cause -6 #o inform the court of the facts alleged) If the information fails to allege the material elements of the offense, the accused cannot be convicted thereof even if the prosecution is able to present evidence during the trial "ith respect to such elements)

[Type text]

#he real nature of the crime charged is determined from the recital of facts in the information) It is not determined based on the caption or preamble thereof nor from the specification of the provision of la" allegedly violated) %&IG)T T# SP!!D*, I$PA&TIAL AND PUBLI T&IAL'

Fa tors )se* in *eterminin# &!et!er t!e ri#!t to a s"ee*' trial !as been %iolate* +6 ,6 -6 .6 06 #ime e:pired from the filing of the information !ength of delay involved easons for the delay Assertion or non;assertion of the right by the accused 'rejudice caused to the defendant) )se*Is ri#!t to

Effe t of *ismissal base* on t!e #ro)n* of %iolation of t!e a s"ee*' trial

If the dismissal is valid, it amounts to an ac&uittal and can be used as basis to claim double jeopardy) #his "ould be the effect even if the dismissal "as made "ith the consent of the accused Reme*' of t!e a )se* if !is ri#!t to s"ee*' trial !as been %iolate*

He can move for the dismissal of the case) If he is detained, he can file a petition for the issuance of "rit of habeas corpus) Definition of im"artial trial #he accused is entitled to the Icold neutrality of an impartial judgeJ) It is an element of due process) Definition of ")bli trial #he attendance at the trial is open to all irrespective of their relationship to the accused) Ho"ever, if the evidence to be adduced is Ioffensive to decency or public moralsJ, the public may be e:cluded) #he right of the accused to a public trial is not violated if the hearings are conducted on Saturdays, either "ith the consent of the accused or if failed to object thereto) %&IG)T T# $!!T +ITN!SS (A ! T# (A !' P)r"oses of t!e ri#!t: +) #o afford the accused an opportunity to cross;e:amine the "itness ,) #o allo" the judge the opportunity to observe the deportment of the "itness Fail)re of t!e a )se* to ross?eFamine a &itness

If the failure of the accused to cross;e:amine a "itness is due to his o"n fault or "as not due to the fault of the prosecution, the testimony of the "itness should be e:cluded)

[Type text]

D!en t!e ri#!t to ross?eFamine is *eman*able It is demandable only during trials) #hus, it cannot be availed of during preliminary investigations) Prin i"al eF e"tions to t!e ri#!t of onfrontation +) #he admissibility of Idying declarationsJ ,) #rial in absentia under Section +.3,6 -) With respect to child testimony Se tion ,=- All "ersons s!all !a%e t!e ri#!t to a s"ee*' *is"osition of t!eir ases before all ()*i ial2 3)asi?()*i ial2 or a*ministrati%e bo*iesDistin tion bet&een Se tion ,; an* Se tion ,= While the rights of an accused only apply to the trial phase of criminal cases, the right to a speedy disposition of cases covers A!! phases of $EDI(IA!, HEASI;$EDI(IA! or ADBI2IS# A#IA% proceedings) Se tion ,>- No "erson s!all be om"elle* to be a &itness a#ainst !imselfD!en is a 3)estion in riminatin#: A &uestion tends to incriminate "hen the ans"er of the accused or the "itness "ould establish a fact "hich "ould be a necessary linC in a chain of evidence to prove the commission of a crime by the accused or the "itness) Distin tion bet&een an a )se* an* an or*inar' &itness

+) An accused can refuse to taCe the "itness stand by invoCing the right against self; incrimination) ,) An ordinary "itness cannot refuse to taCe the stand) He can only refuse to ans"er specific &uestions "hich "ould incriminate him in the commission of an offense) S o"e of ri#!t +) ,) What is ' ?HI8I#%D is the use of physical or moral compulsion to e:tort communication from the "itness or to other"ise elicit evidence "hich "ould not e:ist "ere it not for the actions compelled from the "itness) #he right does 2?# ' ?HI8I# the e:amination of the body of the accused or the use of findings "ith respect to his body as physical evidence) Hence, the fingerprinting of an accused "ould not violate the right against self;incrimination) Ho"ever, obtaining a sample of the hand"riting of the accused "ould violate this right if he is charged for falsification) #he accused cannot be compelled to produce a private document in his possession "hich might tend to incriminate him) Ho"ever, a third person in custody of the document may be compelled to produce it)

-)

D!en t!e ri#!t an be in%o:e*: +) In criminal cases ,) In administrative proceedings if the accused is liable to a penalty 3%:) Forfeiture of property6

[Type text]

D!o an in%o:e t!e ri#!t: ?nly natural persons) $udicial persons are subject to the visitorial po"ers of the state in order to determine compliance "ith the conditions of the charter granted to them) Se tion ,@- Ri#!t a#ainst in%ol)ntar' ser%it)*e Definition of in%ol)ntar' ser%it)*e It is every condition of enforced or compulsory service of one to another no matter under "hat form such servitude may be disguised) EF e"tions: +) 'unishment for a crime for "hich the party has been duly convicted ,) 'ersonal military or civil service in the interest of national defense -) eturn to "orC order issued by the D?!% Secretary or the 'resident Se tion ,H- Pro!ibition a#ainst r)el2 *e#ra*in# an* in!)man ")nis!ment D!en is a "enalt' $ r)el2 *e#ra*in# an* in!)man+E +) A penalty is cruel and inhuman if it involves torture or lingering suffering) %:) 8eing dra"n and &uartered) ,) A penalty is degrading if it e:poses a person to public humiliation) %:) 8eing tarred and feathered, then paraded throughout to"n) Stan*ar*s )se*: +) #he punishment must not be so severe as to be degrading to the dignity of human beings) ,) It must not be applied arbitrarily) -) It must not be unacceptable to contemporary society .) It must not be e:cessive, i)e) it must serve a penal purpose more effectively than a less severe punishment "ould) EF essi%e fine A fine is e:cessive, "hen under any circumstance, it is disproportionate to the offense) 2ote* Fr) 8ernas says that the accused cannot be convicted of the crime to "hich the punishment is attached if the court finds that the punishment is cruel, degrading or inhuman) eason* Without a valid penalty, the la" is not a penal la") Se tion 1G- No "erson s!all be im"risone* for *ebt or non?"a'ment of a "oll taFDefinition of *ebt )n*er Se tion 1G +6 Debt refers to a (?2# A(#EA! obligation, "hether e:press or implied, resulting in any liability to pay money) #hus, all other types of obligations are not "ithin the scope of this prohibition) ,6 #hus, if an accused fails to pay the fine imposed upon him, this may result in his subsidiary imprisonment because his liability is e: delicto and not e: contractu)

[Type text]

-6 A F AEDE!%2# debt may result in the imprisonment of the debtor if* A) #he fraudulent debt constitutes a crime such as estafa and 8) #he accused has been duly convicted) Se tion 1,- No "erson s!all be t&i e ")t in (eo"ar*' of ")nis!ment for t!e same offense- If an a t ")nis!e* b' a la& an* an or*inan e2 on%i tion or a 3)ittal )n*er eit!er s!all onstit)te a bar to anot!er "rose )tion for t!e same a tRe3)isites for a %ali* *efense of *o)ble (eo"ar*': CODE: ATS +6 First jeopardy must have attached prior to the second) ,6 #he first jeopardy must have terminated' -6 #he second jeopardy must be for the same offense as that in the first) D!en *oes (eo"ar*' ATTACH: .,st re3)isite/ CODE: CICAC +6 A person is charged ,6 Ender a complaint or information sufficient in form and substance to sustain a conviction -6 8efore a court of competent jurisdiction .6 After the person is arraigned 06 Such person enters a valid plea) D!en *oes (eo"ar*' NOT atta !: +6 If information does not charge any offense ,6 If, upon pleading guilty, the accused presents evidence of complete self;defense, and the court thereafter ac&uits him "ithout entering a ne" plea of not guilty for accused) -6 If the information for an offense cogni<able by the #( is filed "ith the B#() .6 If a complaint filed for preliminary investigation is dismissed) D!en *oes first (eo"ar*' TER9INATE: .1ND REJAISITE/ +6 ,6 -6 .6 Ac&uittal (onviction Dismissal WK? the %G' %SS consent of the accused Dismissal on the merits)

EFam"les of termination of (eo"ar*': +6 Dismissal based on violation of the right to a speedy trial) #his amounts to an ac&uittal) ,6 Dismissal based on a demurrer to evidence) #his is a dismissal on the merits) -6 Dismissal on motion of the prosecution, subse&uent to a motion for reinvestigation filed by the accused) .6 Discharge of an accused to be a state "itness) #his amounts to an ac&uittal) D!en an t!e PROSECATION a""eal from an or*er of *ismissal: +6 If dismissal is on motion of the accused) %:ception* If motion is based on violation of the right to a speedy trial or on a demurrer to evidence) ,6 If dismissal does 2?# amount to an ac&uittal or dismissal on the merits -6 If the &uestion to be passed upon is purely legal) .6 If the dismissal violates the right of due process of the prosecution) 06 If the dismissal "as made "ith grave abuse of discretion) D!at are onsi*ere* to be t!e $SA9E OFFENSE+: Se tion 1,/ .)n*er t!e , st senten e of

[Type text]

+6 %:act identity bet"een the offenses charged in the first and second cases) ,6 ?ne offense is an attempt to commit or a frustration of the other offense) -6 ?ne offense is necessarily included or necessary includes the other) Note3 "here a single act results in the violation of different la"s or different provisions of the same la", the prosecution for one "ill not bar the other so long as none of the e:ceptions apply) Definition of *o)ble (eo"ar*' .1n* senten e of Se - 1,/ Double jeopardy "ill result if the act punishable under the la" and the ordinance are the same) For there to be double jeopardy, it is not necessary that the offense be the same) SAPERCENIN0 FACTS +6 Ender the ules of (ourt, a conviction for an offense "ill not bar a prosecution for an offense "hich necessarily includes the offense charged in the former information "here* A) #he graver offense developed due to a supervening fact arising from the same act or omission constituting the former charge) 8) #he facts constituting the graver offense became Cno"n or "ere discovered only after the filing of the former information) () #he plea of guilty to the lesser offense "as made "ithout the consent of the fiscal and the offended party) ,6 Ender 3+63b6, if the facts could have been discovered by the prosecution but "ere not discovered because of the prosecutionFs incompetence, it "ould not be considered a supervening event) Effe t of a""eal b' t!e a )se*:

If the accused appeals his conviction, he WAIA%S his right to plead double jeopardy) #he "hole case "ill be open to revie" by the appellate court) Such court may even increase the penalties imposed on the accused by the trial court) Se tion 11- No eF "ost fa to la& or bill of attain*er s!all be ena te*Definition of eF?"ost fa to la&+6 ?ne "hich maCes an action done before the passing of the la", and "hich "as innocent "hen done, criminal, and punishes such action) ,6 ?ne "hich aggravates the crime or maCes it greater than "hen it "as committed) -6 ?ne "hich changes the punishment and inflicts a greater punishment than that "hich the la" anne:ed to the crime "hen it "as committed) .6 ?ne "hich alters the legal rules of evidence and receives less testimony than the la" re&uired at the time of the commission of the offense in order to convict the accused) 06 ?ne "hich assumes to regulate civil rights and remedies only 8E#, in effect, imposes a penalty or deprivation of a right, "hich, "hen done, "as la"ful) 16 ?ne "hich deprives a person accused of a crime of some la"ful protection to "hich he has become entitled such as the protection of a former conviction or ac&uittal, or a proclamation of amnesty) Note3 #he prohibition on e: post facto la"s only applies to retrospective '%2A! la"s) Definition of BILL OF ATTAINDER +6 A bill of attainder is a !%GIS!A#IA% act "hich inflicts punishment WK? $EDI(IA! trial)

[Type text]

,6 #he bill of attainder does not need to be directed at a specifically named person) It may also refer to easily ascertainable members of a group in such a "ay as to inflict punishment on them "ithout judicial trial) -6 %lements of the bill of attainder A) #here must be a !AW) 8) #he la" imposes a '%2A! burden on a 2AB%D I2AIDIDEA!K%ASI!@ AS(% #AI2A8!% B%B8% S of a G ?E') () #he penal burden is imposed DI %(#!@ by the !AW WK? $EDI(IA! trial) ARTICLE IC CITIKENSHIP D!o are iti6ens of t!e P!ili""inesE +6 #hose "ho are citi<ens of the 'hilippines at the time of the adoption of the +54D (onstitution ,6 #hose "hose fathers or mothers are citi<ens of the 'hilippines) -6 #hose born before $anuary +D, +5D- of Filipino mothers, "ho elect 'hilippine citi<enship upon reaching the age of majority) .6 #hose "ho are naturali<ed in accordance "ith la") 9o*es of a 3)irin# iti6ens!i": +6 $us Soli 9 ac&uisition of citi<enship on the basis of place of birth ,6 $us Sanguinis 9 ac&uisition of citi<enship on the basis of blood relationship -6 2aturali<ation 9 the legal act of adopting an alien and clothing him "ith the privilege of a native;born citi<en) Note3 #he 'hilippines follo"s 3,6 and 3-6 Ele tion of iti6ens!i" )n*er t!e ,H@> Constit)tion: 'rior to the +5D- (onstitution, if a Filipina married an alien, she lost her Filipino citi<enship) Hence, her child "ould have to elect Filipino citi<enship upon reaching the age of majority) Ender the +5D- (onstitution, ho"ever, children born of Filipino mothers "ere already considered Filipinos) #herefore, the provision on election of citi<enship under the +54D (onstitution only applies to those persons "ho "ere born under the +5-0 (onstitution) In order for the children to elect Filipino citi<enship, the mothers must have been Filipinos at the time of their marriage) So, if your mother "as a Filipina "ho married an alien under the +5-0 constitution and you "ere born before $anuary +D, +5D-, you can elect Filipino citi<enship upon reaching the age of majority) D!en m)st t!e ele tion be ma*e: #he election must be made "ithin a reasonable period after reaching the age of majority) Effe ts of nat)rali6ation* +6 #he legitimate minor children of the naturali<ed father become Filipinos as "ell) ,6 #he "ife also becomes a Filipino citi<en, provided that she does not have any dis&ualification "hich "ould bar her from being naturali<ed) Nat)ral?born iti6ens: +6 (iti<ens of the 'hilippines from birth "ho do not need to perform any act to ac&uire or perfect their 'hilippine citi<enship) ,6 #hose "ho elect 'hilippine citi<enship under Art) IA, Sec) +3-6 of +54D (onstitution) 9arria#e of Fili"ino &it! an alien:

[Type text]

+6 !eneral " le3 #he Filipino %#AI2S 'hilippine citi<enship ,6 #9ception3 If, by their act or omission they are deemed, under the la", to have renounced it) EFam"les of ren)n iation of P!ili""ine iti6ens!i": +6 Aoluntarily obtaining foreign passport ,6 'ledging allegiance to another country 3e:) by becoming a naturali<ed citi<en of another country6 Re?a 3)isition of iti6ens!i" 2atural;born Filipinos "ho are deemed to have lost their citi<enship may re;ac&uire the same via repatriation proceedings) #his involves taCing an oath of allegiance and filing the same "ith the civil registry) Ho& ma' one lose iti6ens!i": +) ,) -) .) 0) 8y naturali<ation in a foreign country 8y e:press renunciation of citi<enship 8y subscribing oath or allegiance to a foreign (onstitution 8y serving in the armed forces of an enemy country 8y being a deserter of the armed forces of oneFs country

Ho& ma' one rea 3)ire iti6ens!i": +) 8y direct act of (ongress ,) 8y naturali<ation -) 8y repatriation ARTICLE C SAFFRA0E J)alifi ations: +6 ,6 -6 .6 06 CODE: CD,@RR

Citi<en of the 'hilippines 2ot Dis&ualified by la" At least ,@ years old Resident of the 'hilippines for at least + year Resident of the place "herein heKshe proposes to vote for at least 1 months immediately preceding the election)

Note3 2? literacy, property or other substantive re&uirement can be imposed on the e:ercise of suffrage)

[Type text]

Resi*en ' re3)irement "esidenc+* nder Article $ has : senses3 +) DOMI/IL# 9 #his is in reference to the + year residency re&uirement in the 'hilippines) ,) #%B'? A @ %SID%2(% 9 #his is in reference to the 1 month residency re&uirement in the place "here one "ants to vote) In this case, residence can either mean domicile or temporary residence) Dis3)alifi ations: +6 Any person sentenced by final judgment to imprisonment of not less than + year, "hich disability has not been removed by plenary pardon) ,6 Any person adjudged by final judgment of having violated his allegiance to the epublic of the 'hilippines) -6 Insane or feeble;minded persons) Note Ender the ,nd dis&ualification, the right to vote is automatically re;ac&uired upon the e:piration of 0 years after the service of sentence)

ARTICLE CI THE LE0ISLATICE DEPART9ENT SEC- ,- T!e le#islati%e "o&er s!all be %este* in t!e Con#ress of t!e P!ili""ines2 &!i ! s!all onsist of a Senate an* a Ho)se of Re"resentati%es2 eF e"t to t!e eFtent reser%e* to t!e "eo"le b' t!e "ro%ision on initiati%e an* referen*)mDefinition of Le#islati%e Po&er: #he authority to maCe la"s and to alter or repeal them) Classifi ation of le#islati%e "o&er: .O De CO/ +) Original 9 'ossessed by the people in their sovereign capacity ,) Delegated 9 'ossessed by (ongress and other legislative bodies by virtue of the (onstitution -) Constituent 9 #he po"er to amend or revise the (onstitution .) Ordinary 9 #he po"er to pass ordinary la"s Note: #he original legislative po"er of the people is e:ercised via initiative and referendum) In this manner, people can directly propose and enact la"s, or approve or reject any act or la" passed by (ongress or a local government unit) Limits on t!e le#islati%e "o&er of Con#ress: +) Substantive 9 limitations on the content of la"s) %)g) no la" shall be passed establishing a state religion) ,) 'rocedural 9 limitations on the manner of passing la"s) %)g) generally a bill must go through three readings on three separate days) Note: 'rovided that these t"o limitations are not e:ceeded, (ongressF legislative po"er is plenary) Corollaries of le#islati%e "o&er:

[Type text]

+) (ongress cannot pass irrepealable la"s) Since (ongressF po"ers are plenary, and limited only by the (onstitution, any attempt to limit the po"ers of future (ongresses via an irrepealable la" is not allo"ed) ,) (ongress, as a general rule, cannot delegate its legislative po"er) Since the people have already delegated legislative po"er to (ongress, the latter cannot delegate it any further) ELCEPTIONS: +) Delegation of legislative po"er to local government units/ ,) Instances "hen the (onstitution itself allo"s for such delegation =see Art) AI Sec) ,-3,6> D!at ma' Con#ress *ele#ate: (ongress can only delegate, usually to administrative agencies, E!%;BANI2G '?W% or !AW %G%(E#I?2) #his involves either of t"o tasCs for the administrative agencies* +) IFilling up the detailsJ on an other"ise complete statute/ or ,) Ascertaining the facts necessary to bring a IcontingentJ la" or provision into actual operation) Se tions 1?;- SENATE Com"osition ,. senators "ho shall be elected at large by the &ualified voters of the 'hilippines, as may be provided by la") J)alifi ations +) ,) -) .) 0) 2atural;born citi<en/ At least -0 years old on the day of election/ Able to read and "rite/ A registered voter/ and 'hilippine resident for at least , years immediately preceding the day of the election)

Note: #he &ualifications of both Senators and Bembers of the House are limited to those provided by the (onstitution) (ongress cannot, by la", add or subtract from these &ualifications) Term of Offi e: 1 years, commencing 3unless other"ise provided by la"6 at noon, -7 $une ne:t follo"ing their election) Term Limitations: +) 2o Senator shall serve for more than , consecutive terms) ,) Aoluntary renunciation of office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for "hich he "as elected)

[Type text]

Se tions <?>- HOASE OF REPRESENTATICES Com"osition: +) 2ot more than ,0 members, unless other"ise fi:ed by la"/ and ,) 'arty;list epresentatives Ele tion of 1<G members +) #hey shall be elected from legislative districts apportioned among the provinces, cities and the Betropolitan Banila area) ,) !egislative districts are apportioned in accordance "ith the number of inhabitants of each area and on the basis of a uniform and progressive ratio) a) %ach district shall comprise, as far as practicable, contiguous, compact and adjacent territory/ b) %ach city "ith at least ,07,777 inhabitants "ill be entitled to at least one representative) c) %ach province "ill have at least one representative) d) !egislative districts shall be re;apportioned by (ongress "ithin - years after the return of each census) According to $acC, ho"ever, "hile the apportionment of districts is 2?# a political &uestion, the judiciary (A22?# compel (ongress to do this) e) #he standards used to determine the apportionment of legislative districts is meant to prevent PgerrymanderingF, "hich is the formation of a legislative district out of separate territories so as to favor a particular candidate or party) J)alifi ations +) ,) -) .) 0) 2atural born citi<en of the 'hilippines/ At least ,0 years old on the day of the election/ Able to read and "rite/ egistered voter in the district he seeCs to represent/ and A resident of such district for at least one year immediately preceding the day of the election)

Term of Offi e +) %ach member of the House shall be elected for a term of three 3-6 years "hich shall commence 3unless other"ise provided for by la"6 at noon on -7 $une ne:t follo"ing their election) ,) Aoluntary renunciation of office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for "hich he "as elected) Term Limitations 2o member of the House of consecutive terms) epresentatives shall serve for more than three 3-6

Distin tions bet&een Term an* Ten)re +) Definition a) #erms means the period during "hich the elected officer is legally authori<ed to assume his office and e:ercise the po"ers thereof) b) #enure is the actual period during "hich such officer actually holds his position) ,) !imitationK'ossible eduction a) #erm (A22?# be reduced)

[Type text]

b) #enure BA@, by la", be limited) #hus, a provision "hich considers an elective office automatically vacated "hen the holder thereof files a certificate of candidacy for another elective office 3e:cept 'resident and Aice;'resident6 is valid, as it only affects the officers tenure and 2?# his constitutional term) Part'?List Re"resentati%es +) (onstitute ,7Q of the total number of representatives, including those under the party;list system 3thus a ma:imum of 07 party;list members of the House6 ,) Ho"ever, for - consecutive terms from , February +54D 3i)e), the +54D;5,, 5,;50 and 50;54 terms6, ,0 seats shall be allotted to sectoral representatives) Ender Art) GAIII, Sec) D, the sectoral representatives are to be appointed by the 'resident until legislation other"ise provides) -) Bechanics of the party;list system* a) egistered organi<ations submit a list of candidates in order of priority) b) During the elections, these organi<ations are voted for at large) c) #he number of seats that each organi<ation gets out of the ,7Q allotted to the system depends on the number of votes they get) .) Hualifications a) 2atural born citi<en of the 'hilippines b) At least ,0 years of age on the day of the election c) Able to read and "rite SEC- H- In ase of %a an ' in t!e Senate or in t!e Ho)se of Re"resentati%es2 a SPECIAL ELECTION ma' be alle* to fill s) ! %a an ' in t!e manner "res ribe* b' la&2 b)t t!e Senator or 9ember of t!e Ho)se of Re"resentati%es t!)s ele te* s!all ser%e onl' for t!e )neF"ire* termSEC- ,G- Salaries of Senators an* 9embers of t!e Ho)se Determination of Salaries: Salaries of Senators and Bembers of the House of by la") R)le on in rease in salaries: 2o increase in their salaries shall taCe effect until after the %G'I A#I?2 ?F #H% FE!! #% B 32?# #%2E %6 ?F A!! #H% B%B8% S ?F #H% S%2A#% A2D #H% H?ES% ?F %' %S%2#A#IA%S A'' ?AI2G SE(H I2( %AS%) 2ote* Since the (onstitution Pprovides for rules on IsalariesJ and not on Pemoluments,F our distinguished legislators can appropriate for themselves other sums of money such as travel allo"ances, as "ell as other side Pbenefits)F epresentatives shall be determined

[Type text]

SEC- ,,: CON0RESSIONAL I99ANITIES +)6 Immunity from arrest* a) !egislators are privileged from arrest "hile (ongress is Iin sessionJ "ith respect to offenses punishable by up to 1 years of imprisonment) #hus, "hether (ongress is in regular or special session, the immunity from arrest applies) b) If (ongress is in recess, members thereof may be arrested) c) #he immunity is only "ith respect to arrests and 2?# to prosecution for criminal offenses) ,)6 !egislative privilege* a) 2o member shall be &uestioned or held liable in any forum other than hisKher respective (ongressional body for any debate or speech in the (ongress or in any (ommittee thereof) b) !imitation on the privilege* 3i6 3ii6 'rotection is only against forum other than (ongress itself) #hus for inflammatory remarCs "hich are other"ise privileged, a member may be sanctioned by either the Senate or the House as the case may be) #he Pspeech or debateF must be made in performance of their duties as members of (ongress) #his includes speeches delivered, statements made, votes cast, as "ell as bills introduced, and other activities done in performance of their official duties) (ongress need 2?# be in session "hen the utterance is made, as long as it forms part of Plegislative action,F i)e) part of the deliberative and communicative process used to participate in legislative proceedings in consideration of proposed legislation or "ith respect to other matters "ith (ongressF jurisdiction)

3iii6

SEC- ,1- All 9embers of t!e Senate an* t!e Ho)se of Re"resentati%es s!all2 )"on ass)m"tion of offi e2 ma:e a f)ll *is los)re of t!eir finan ial an* b)siness interests- T!e' s!all notif' t!e Ho)se on erne* of a "otential onfli t of interest t!at ma' arise from t!e filin# of a "ro"ose* le#islation of &!i ! t!e' are a)t!orsSEC- ,7?,;: CON0RESSIONAL DISJAALIFICATIONS: Dis3)alifi ations: DISJAALIFICATION DHEN APPLICABLE +) SenatorKBember of the House cannot During his term) If he does so, he forfeits hold any other office or employment in the his seat) Government or any subdivision, agency or Instrumentality thereof, including G?((S or their subsidiaries) ,) !egislators cannot be appointed to any IF the office "as created or the office) emoluments thereof increased during the term for "hich he "as elected)

[Type text]

-) !egislators cannot personally appear as counsel before any court of justice, electoral tribunal, &uasi;judicial and administrative bodies) .) !egislators cannot be financially interested directly or indirectly in any contract "ith or in any franchise, or special privilege granted by the Government, or any subdivision, agency or instrumentality thereof, including any G?(( or its subsidiary) 0) !egislators cannot intervene in any matter before any office of the government)

During his term of office)

During his term of office)

When it is for his pecuniary benefit or "here he may be called upon to act on account of his office)

SEC- ,<: RE0ALAR AND SPECIAL SESSIONS Re#)lar Sessions: +)6 (ongress convenes once every year on the .th Bonday of $uly 3unless other"ise provided for by la"6 ,)6 (ontinues in session for as long as it sees fit, until -7 days before the opening of the ne:t regular session, e:cluding Saturdays, Sundays, and legal holidays) S"e ial Sessions: (alled by the 'resident at any time "hen (ongress is not in session) SEC- ,=- Offi ers: +)6 Senate 'resident/ ,)6 SpeaCer of the House/ and -)6 %ach House may choose such other officers as it may deem necessary) Ele tion of Offi ers 8y a majority vote of all respective members) J)or)m to *o b)siness: +) Bajority of each House shall constitute a &uorum) ,) A smaller number may adjourn from day to day and may compel the attendance of absent members) -) In computing a &uorum, members "ho are outside the country and thus outside of each HouseFs coercive jurisdiction are not included) Internal R)les: +) %ach House shall determine its o"n procedural rules) ,) Since this is a po"er vested in (ongress as part of its inherent po"ers, under the principle of separation of po"ers, the courts cannot intervene in the implementation of these rules insofar as they affect the members of (ongress) -) Also, since (ongress has the po"er to maCe these rules, it also has the po"er to ignore them "hen circumstances so re&uire)

[Type text]

Dis i"line: +)6 Suspension a) (oncurrence of ,K- of A!! its members and b) Shall not e:ceed 17 days) ,)6 %:pulsion a) (oncurrence of ,K- of A!! its members) Con#ressional Bo)rnals an* Re or*s: +)6 #he $ournal is conclusive upon the courts) ,)6 8E# an enrolled bill prevails over the contents of the $ournal) -)6 An enrolled bill is the official copy of approved legislation and bears the certifications of the presiding officers of each House) #hus "here the certifications are valid and are not "ithdra"n, the contents of the enrolled bill are conclusive upon the courts as regards the provision of that particular bill) A*(o)rnments: +)6 2either House can adjourn for more than - days during the time (ongress is in session "ithout the consent of the other House) ,)6 2either can they adjourn to any other place than that "here the t"o houses are sitting, "ithout the consent of the other) Se tion ,>: THE ELECTORAL TRIBANAL T!e Senate an* t!e Ho)se s!all ea ! !a%e an Ele toral Trib)nal &!i ! s!all be om"ose* of: +) - Supreme (ourt $ustices to be designated by the (hief $ustice/ R ,) 1 Bembers of the Senate or House, as the case may be) #he senior $ustice in the %lectoral #ribunal shall be its (hairman) 2ote* #he congressional members of the %#Fs shall be chosen on the basis of proportional representation from the political parties and party;list organi<ations) B)ris*i tion: +)6 %ach %# shall be the sole judge of all (?2#%S#S relating to the election, returns, and &ualifications of their respective members) #his includes determining the validity or invalidity of a proclamation declaring a particular candidate as the "inner) ,)6 An Pelection contestF is one "here a defeated candidate challenges the &ualification and claims for himself the seat of a proclaimed "inner) -)6 In the absence of an election contest, the %# is "ithout jurisdiction) Ho"ever, the po"er of each House to e:pel its o"n members or even to defer their oath;taCing until their &ualifications are determined may still be e:ercised even "ithout an election contest)

[Type text]

Iss)es re#ar*in# t!e Ele toral Trib)nals: +)6 Since the %#Fs are independent constitutional bodies, independent even of the House from "hich the members are respectively taCen, neither (ongress nor the (ourts may interfere "ith procedural matters relating to the functions of the %#Fs, such as the setting of deadlines or filing their election contests "ith the respective %#s) ,)6 #he %#s being independent bodies, its members may not be arbitrarily removed from their positions in the tribunal by the parties "hich they represent) 2either may they be removed for not voting according to party lines, since they are acting independently of (ongress) -)6 #he mere fact that the members of either the Senate or the House sitting on the %# are those "hich are sought to be dis&ualified due to the filing of an election contest against them does not "arrant all of them from being dis&ualified from sitting in the %#) #he (onstitution is &uite clear that the %# must act "ith both members from the S( and from the Senate or the House) If all the legislator;members of the %# "ere to be dis&ualified, the %# "ould not be able to fulfill its constitutional functions) .)6 $udicial revie" of decisions of the %#s may be had "ith the S( only insofar as the decision or resolution "as rendered "ithout or in e:cess of jurisdiction or "ith grave abuse of discretion constituting denial of due process) Se tion ,@: THE CO99ISSION ON APPOINT9ENTS Com"osition: +)6 Senate 'resident as e:;officio chairman/ ,)6 +, Senators/ and -)6 +, Bembers of the House) 2ote* #he +, Senators and +, epresentatives are elected on the basis of proportional representation from the political parties and party;list organi<ations) Cotin#8A tion +)6 #he chairman shall only vote in case of a tie) ,)6 #he (A shall act on all appointments "ithin -7 session days from their submission to (ongress) -)6 #he (ommission shall rule by a majority vote of all the Bembers) B)ris*i tion +)6 (A shall confirm the appointments by the 'resident "ith respect to the follo"ing positions* a) Heads of the %:ecutive Departments 3e:cept if it is the Aice;'resident "ho is appointed to the post6) b) Ambassadors, other public ministers or consuls) c) ?fficers of the AF' from the ranC of (olonel or 2aval (aptain* and d) ?ther officers "hose appointments are vested in him by the (onstitution 3e)g) (?B%!%( members6)

[Type text]

,)6 (ongress (A22?# by la" prescribe that the appointment of a person to an office created by such la" shall be subject to confirmation by the (A) -)6 Appointments e:tended by the 'resident to the above;mentioned positions "hile (ongress is not in session shall only be effective until disapproval by the (A or until the ne:t adjournment of (ongress) 9eetin#s of t!e CA +)6 (A meets only "hile (ongress is in session) ,)6 Beetings are held either at the call of the (hairman or a majority of all its members) -)6 Since the (A is also an independent constitutional body, its rules of procedure are also outside the scope of congressional po"ers as "ell as that of the judiciary) 2ote* #he %# and the (A shall be constituted "ithin -7 days after the Senate and the House of epresentative shall have been organi<ed "ith the election of the 'resident and the SpeaCer) Se tions 1,?11: LE0ISLATICE INJAIRIES S o"e: +) %ither House or any of their committees may conduct in&uires Pin aid of legislationF) ,) IIn aid of legislationJ does not mean that there is pending legislation regarding the subject of the in&uiry) In fact, investigation may be needed for purposes of proposing future legislation) -) If the stated purpose of the investigation is to determine the e:istence of violations of the la", the investigation is no longer Pin aid of legislationF but Pin aid of prosecutionF) #his violates the principle of separation of po"ers and is beyond the scope of congressional po"ers) Enfor ement: +) Since e:perience has sho"n that mere re&uests for information does not usually "orC, (ongress has the inherent po"er to punish recalcitrant "itnesses for contempt, and may have them incarcerated until such time that they agree to testify) ,) #he continuance of such incarceration only subsists for the lifetime, or term, of such body) ?nce the body ceases to e:ist after its final adjournment, the po"er to incarcerate ceases to e:ist as "ell) #hus, each P(ongressF of the House lasts for only - years) 8ut if one is incarcerated by the Senate, it is indefinite because the Senate, "ith its staggered terms, is a continuing body) -) 8E#, in order for a "itness to be subject to this incarceration, the primary re&uirement is that the in&uiry is "ithin the scope of (ongressF po"ers) i)e) it is in aid of legislation) .) #he materiality of a &uestion is determined not by its connection to any actually pending legislation, but by its connection to the general scope of the in&uiry) 0) #he po"er to punish for contempt is inherent in (ongress and this po"er is sui generis) It cannot be e:ercised by local government units unless they are e:pressly authori<ed to do so)

[Type text]

Limitations: +) #he in&uiry must be conducted in accordance "ith the Pduly published rules of procedureF of the House conducting the in&uiry/ and ,) #he rights of persons appearing in or affected by such in&uiries shall be respected) %:) #he right against self;incrimination) A""earan e b' *e"artment !ea*s before Con#ress: +) Since members of the e:ecutive department are co;e&uals "ith those of the legislative department, under the principle of separations of po"ers, department heads cannot be compelled to appear before (ongress) 2either may the department heads impose their appearance upon (ongress) Department heads may appear before (ongress in the follo"ing instances* a) Epon their o"n initiative, "ith the consent of the 'resident 3and that of the House concerned6/ or b) Epon the re&uest of either House 3"hich cannot compel them to attend6 -) #he appearance "ill be conducted in %G%(E#IA% S%SSI?2 "hen* a) e&uired by the security of state or re&uired by public interest/ and b) When the 'resident so states in "riting Se tions 17?1;- DECLARATION OF DAR8E9ER0ENCY PODERS Cote re3)irement: .to *e lare t!e eFisten e of a state of &ar/ +) ,K- of both Houses, in joint session ,) Aoting separately Emer#en ' "o&ers: +) During times of "ar or other national emergency, (ongress may, 8@ !AW, authori<e the 'resident to e:ercise po"ers necessary and proper to carry out a declared national policy) ,) !imitations* a) 'o"ers "ill be e:ercised for a limited period only/ and b) 'o"ers "ill be subject to restrictions prescribed by (ongress -) %:piration of emergency po"ers a) 8y resolution of (ongress or b) Epon the ne:t adjournment of (ongress

,)

[Type text]

Se tions 1;?1>2 7G?7, LE0ISLATION Bills t!at m)st ori#inate from t!e Ho)se of Re"resentati%es .Se tion 1;/ CODE: A R T P) Lo P +) ,) -) .) 0) 1) Appropriation bills Revenue bills Tariff bills 8ills authori<ing the increase of ")blic debt 8ills of local application Private bills

2ote* #he Senate may, ho"ever, propose or concur "ith amendments) A""ro"riation bills +) #he primary and specific aim of an appropriation bill is to appropriate a sum of money from the public treasury) ,) #hus, a bill enacting the budget is an appropriations bill) -) 8E#* A bill creating a ne" office, and appropriating funds therefor is 2?# an appropriation bill) Re%en)e Bill +) ,) A revenue bill is one specifically designed to raise money or revenue through imposition or levy) #hus, a bill introducing a ne" ta: is a revenue bill, but a provision in, for instance, the Aideogram egulatory 8oard la" imposing a ta: on video rentals does not maCe the la" a revenue bill)

Bills of lo al a""li ation A bill of local application, such as one asCing for the conversion of a municipality into a city, is deemed to have originated from the House provided that the bill of the House "as filed prior to the filing of the bill in the Senate even if, in the end, the Senate approved its o"n version) Limitations: +) For appropriation bills* a) (ongress cannot increase the appropriations recommended by the 'resident for the operation of the Government as specified in the budget) b) %ach provision or enactment in the General Appropriations 8ill must relate specifically to some particular appropriation therein and any such provision or enactment must be limited in its operation to the appropriation to "hich it relates) c) #he procedure in approving appropriations for (ongress shall strictly follo" the procedure for approving appropriations for other departments and agencies) d) A special appropriations bill must specify the purpose for "hich it is intended and must be supported by funds actually available as certified by the 2ational #reasurer or to be raised by a corresponding revenue proposal therein) e) #ransfer of appropriations*

[Type text]

i) ii)

ule* 2o la" shall be passed authori<ing any transfer of appropriations 8E# the follo"ing may, 8@ !AW, be authori<ed to AEGB%2# any item in the general appropriations la" for their respective offices from savings in other items of their respective appropriations - 'resident - 'resident of the Senate - SpeaCer of the House of epresentatives - (hief of $ustice of the Supreme (ourt - Heads of the (onstitutional (ommissions

f)

Discretionary funds appropriated for particular officials shall be* i) Disbursed only for public purposes/ ii) Should be supported by appropriate vouchers/ and iii) Subject to guidelines as may be prescribed by la")

g) If (ongress fails to pass General Appropriations 8ill 3GA86 by the end of any fiscal year* i) #he GA8 for the previous year is deemed reenacted ii) It "ill remain in full force and effect until the GA8 is passed by (ongress) ,) For la" granting ta: e:emption It should be passed "ith the concurrence of a BA$? I#@ of A!! the members of (ongress) -) For bills in general a) %very bill shall embrace only one 3+6 subject, as e:pressed in the title thereof i) ii) As a mandatory re&uirement #he title does not have to be a complete catalogue of everything stated in the bill) It is sufficient if the title e:presses the general subject of the bill and all the provisions of the statute are germane to that general subject) A bill "hich repeals legislation regarding the subject matter need not state in the title that it is repealing the latter) #hus, a repealing clause in the bill is considered germane to the subject matter of the bill)

iii)

b)

eadings +) In order to become a la", each bill must pass three 3-6 readings in both Houses) ,) General rule* %ach reading shall be held on separate days R printed copies thereof in its final form shall be distributed to its Bembers three 3-6 days before its passage) -) %:ception* If a bill is certified as urgent by the 'resident as to the necessity of its immediate enactment to meet a public calamity or emergency, the readings can be held on the same day) .) First reading 9 only the title is read/ the bill is passed to the proper committee Second reading 9 %ntire te:t is read and debates are held, and amendments introduced) #hird reading 9 only the title is read, no amendments are allo"ed) Aote shall be taCen immediately thereafter and the yeas and nays entered in the journal)

Ceto "o&er of Presi*ent: +) %very bill, in order to become a la", must be presented to and signed by the 'resident)

[Type text]

,) If the 'resident does not approve of the bill, he shall veto the same and return it "ith his objections to the House from "hich it originated) #he House shall enter the objections in the $ournal and proceed to reconsider it) -) #he 'resident must communicate his decision to veto "ithin -7 days from the date of receipt thereof) If he fails to do so, the bill shall become a la" as if he signed it) .) #his rule eliminates the PpocCet vetoF "hereby the 'resident "ould simply refuse to act on the bill) 0) #o ?A% ID% the veto, at least ,K- of A!! the members of each House must agree to pass the bill) In such case, the veto is overriden and becomes a la" "ithout need of presidential approval) 1) Item veto a) #he 'resident may veto particular items in an appropriation, revenue or tariff bill) b) #his veto "ill not affect items to "hich he does not object) c) Definition of item TYPE OF BILL +) evenueKta: bill ,) Appropriations bill d) Aeto of ID% +) A rider is a provision "hich does not relate to a particular appropriation stated in the bill) ,) Since it is an invalid provision under Section ,03,6, the 'resident may veto it as an item) S"e ifi limitations on le#islation +) 2o la" shall be enacted increasing the Supreme (ourtFs appellate jurisdiction "ithout the S(Fs advice and concurrence) ,) 2o la" shall be enacted granting titles of royalty or nobility) Se tion 1@- PODER TO TAL Limitations: +6 ,6 -6 .6 #he rule of ta:ation should be E2IF? B It should be %HEI#A8!% (ongress should evolve a ' ?G %SSIA% system of ta:ation) #he po"er to ta: must be e:ercised for a public purpose because the po"er e:ists for the general "elfare 06 #he due process and e&ual protection clauses of the (onstitution should be observed) Dele#ation of "o&er to fiF rates +6 (ongress may, 8@ !AW, authori<e the 'resident to fi: the follo"ing* a6 b6 c6 d6 #ariff rates Import and %:port Huotas #onnage and "harfage dues ?ther duties and imposts ITE9 Subject of the ta: and the ta: rate imposed thereon Indivisible sum dedicated to a stated purpose

[Type text]

Within the frame"orC of the national development program of the Government ,6 #he e:ercise of such po"er by the 'resident shall be "ithin the specified limits fi:ed by (ongress and subject to such limitations and restrictions as it may impose) Constit)tional taF eFem"tions: +6 #he follo"ing properties are e:empt from %A! ' ?'% #@ ta:es .CODE: C!a C!) 9? CA/ a6 b6 c6 d6 e6 (haritable institutions (hurches, and parsonages or convents appurtenant thereto Bos&ues 2on;profit cemeteries/ and All lands, buildings and improvements actually, directly and e:clusively used for religious, charitable, or educational purposes)

,6 All revenues and assets of 2?2;S#?(N 2?2;' ?FI# %DE(A#I?2A! institutions are e:empt from ta:es and duties ' ?AID%D that such revenues and assets are actually, directly and e:clusively used for educational purposes) 3Art) GIA Sec . 3-66 -6 Grants, endo"ments, donations or contributions used actually, directly and e:clusively for educational purposes shall be e:empt from ta:) #his is subject to conditions prescribed by la") 3Art) GIA) Sec . 3.66 Se tion 1H- Po&er of t!e P)rse +6 2o money shall be paid out of the 2ational #reasury %G(%'# in pursuance of an appropriation made by la") a6 #his places the control of public funds in the hands of (ongress) b6 8E#* #his rule does not prohibit continuing appropriations) e)g) for debt servicing) #his is because the rule does not re&uire yearly, or annual appropriation) ,6 !imitations) a6 Appropriations must be for a 'E8!I( 'E '?S% b6 (annot appropriate public funds or property, directly or indirectly, in favor of 3i6 Any sect, church, denomination, or sectarian institution or system of religion or 3ii6 Any priest, preacher, minister, or other religious teacher or dignitary as such) %G(%'# if the priest, etc is assigned to* - the Armed Forces/ or - any penal institution/ or - government orphanage/ or - leprosarium c6 8E# the government is not prohibited from appropriating money for a valid secular purpose, even if it incidentally benefits a religion, e)g) appropriations for a national police force is valid even if the police also protects the safety of clergymen) d6 A!S?, the temporary use of public property for religious purposes is valid, as long as the property is available for all religions -6 Special Funds

[Type text]

a6 Boney collected on a ta: levied for a special purpose shall be treated as a special fund and paid out for such purpose only) b6 ?nce the special purpose is fulfilled or abandoned, any balance shall be transferred to the general funds of the Government Se tion 71- INITIATICE AND REFERENDA9 +6 #hrough the system of initiative and referendum, the people can directly propose and enact la"s or approve or reject any act or la" or part thereof passed by the (ongress or local legislative body) ,6 e&uired 'etition a6 Should be signed by at least +7Q of the total number of registered voters b6 %very legislative district should be represented by at least -Q of the registered voters c6 'etition should be registered ARTICLE CII- THE ELECATICE DEPART9ENT Se tion ,- ELECATICE PODER S o"e: +6 %:ecutive po"er is vested in the 'resident of the 'hilippines) ,6 #he scope of this po"er is set forth in Art) AII of the (onstitution) 8ut this po"er is not limited to those set forth therein) #he S(, in Barcos v) Banglapus, referred to the %SIDEA! po"ers of the 'resident as the (hief %:ecutive of the country, "hich po"ers include others not set forth in the (onstitution) %GAB'!%* #he 'resident is immune from suit and criminal prosecution "hile he is in office) -6 'rivilege of immunity from suit is personal to the 'resident and may be invoCed by him alone) It may also be "aived by the 'resident, as "hen he himself files suit) .6 8E# #he 'resident (A22?# dispose of state property unless authori<ed by la") Se tion 1- JAALIFICATIONS +6 ,6 -6 .6 06 2atural;born citi<en of the 'hilippines egistered voter/ Able to read and "rite/ At least .7 years old on the day of election 'hilippine resident for at least +7 years immediately preceding such election)

2ote* #he Aice;'resident has the same &ualifications R term of office as the 'resident) He is elected "ith R in the same manner as the 'resident) He may be removed from office in the same manner as the 'resident) Se tion ;- 9ANNER OF ELECTION8 TER9 OF OFFICE 9anner of Ele tion +6 #he 'resident and Aice;'resident shall be elected by direct vote of the people) ,6 %lection returns for 'resident and Aice;'resident, as duly certified by the proper 8oard of (anvassers shall be for"arded to (ongress, directed to the Senate 'resident)

[Type text]

-6 2ot later than -7 days after the day of the election, the certificates shall be opened in the presence of both houses of (ongress, assembled in joint public session) .6 #he (ongress, after determining the authenticity and due e:ecution of the certificates, shall canvass the votes) 06 #he person receiving the highest number of votes shall be proclaimed elected) 16 In case of a tie bet"een , or more candidates, one shall be chosen by a majority of A!! the members of both Houses, voting separately) In case this results in a deadlocC, the Senate 'resident shall be the acting 'resident until the deadlocC is broCen) D6 #he Supreme (ourt en banc shall act as the sole judge over all contests relating to the election, returns, and &ualifications of the 'resident or Aice;'resident and may promulgate its rules for the purpose) Term of Offi e ,/ Presi*ent a6 1 years beginning at noon on -7 $une immediately follo"ing the election and ending at noon on the same day 1 years later) b6 #erm limitation* Single term only/ not eligible for any reelection) c6 Any person "ho has succeeded as 'resident, and served as such for more than . years shall 2?# be &ualified for election to the same office at any time) 1/ Ci e?Presi*ent: a6 1 years, starting and ending the same time as the 'resident) b6 #erm limitation* , successive terms) c6 Aoluntary renunciation of the office for any length of time is 2?# an interruption in the continuity of service for the full term for "hich the Aice;'resident "as elected)

[Type text]

Se tion =- SALARIES AND E9OLA9ENTS +6 ?fficial salaries are determined by la") ,6 Salaries cannot be decreased during the #%2E % of the 'resident and the Aice; 'resident) -6 Increases taCe effect only after the e:piration of the #% B of the incumbent during "hich the increase "as approved) .6 'rohibited from receiving any other emolument from the government or any other source during their #%2E % Se tions >?,12 PRESIDENTIAL SACCESSION +) Aacancies at the beginning of the term AA(A2(@ 'resident;elect fails to &ualify or to be chosen 'resident;elect dies or is permanently disabled) 8oth 'resident and A';elect are not chosen or do not &ualify or both die, or both become permanently disabled) SE((%SS? A';elect "ill be Acting 'resident until someone is &ualifiedKchosen as 'resident) A' becomes 'resident) +) Senate 'resident or ,) In case of his inability, the SpeaCer of the House shall act as 'resident until a 'resident or a A' shall have been chosen and &ualified) In case of death or disability of 3+6 and 3,6, (ongress shall determine, by la", "ho "ill be the acting 'resident)

,) Aacancies after the office is initially filled* AA(A2(@ 'resident dies, is permanently disabled, is impeached, or resigns) 8oth 'resident and Aice;'resident die, become permanently disabled, are impeached, or resign) SE((%SS? Aice;'resident becomes 'resident for the une:pired term) +) Senate 'resident or ,) In case of his inability, the SpeaCer of the House shall act as 'resident until the 'resident or A' shall have been elected and &ualified)

-6 Aacancy in office of Aice;'resident during the term for "hich he "as elected* a6 'resident "ill nominate ne" A' from any member of either House of (ongress) b6 2ominee shall assume office upon confirmation by majority vote of A!! members of both Houses, voting separately) 32ominee forfeits seat in (ongress6 .6 %lection of 'resident and Aice;'resident after vacancy during tem a6 (ongress shall convene - days after the vacancy in the office of both the 'resident and the A', "ithout need of a call) #he convening of (ongress cannot be suspended) Within D days after convening, (ongress shall enact a la" calling for a special election to elect a 'resident and a A') #he special election cannot be postponed)

b6

c6

#he special election shall be held not earlier than .0 days not later than 17 days from the time of the enactment of the la")

[Type text]

d6 e6

#he - readings for the special la" need not be held on separate days) #he la" shall be deemed enacted upon its approval on third reading)

8E#* 2o special election shall be called if the vacancy occurs "ithin +4 months before the date of the ne:t presidential election) 06 Temporar+ disabilit+ of the 'resident* #he temporary inability of the 'resident to discharge his duties may be raised in either of t"o "ays* a6 8y the 'resident himself, "hen he sends a "ritten declaration to the Senate 'resident and the SpeaCer of the House) In this case, the Aice;'resident "ill be Acting 'resident until the 'resident transmits a "ritten declaration to the contrary) b6 When a majority of the (abinet members transmit to the Senate 'resident and the SpeaCer their "ritten declaration) 3i6 3ii6 3iii6 #he A' "ill immediately be Acting 'resident) 8E#* If the 'resident transmits a "ritten declaration that he is not disabled, he reassumes his position If "ithin 0 days after the 'resident re;assumes his position, the majority of the (abinet retransmits their "ritten declaration, (ongress shall decide the issue) In this event, (ongress shall reconvene "ithin .4 hours if it is not in session, "ithout need of a call) Within +7 days after (ongress is re&uired to assemble, or +, days if (ongress is not in session, a ,K- majority of both Houses, voting separately, is needed to find the 'resident temporarily disabled, in "hich case, the A' "ill be Acting 'resident)

3iv6

16 'residential Illness* a6 If the 'resident is seriously ill, the public must be informed thereof) b6 %ven during such illness, the 2ational Security Adviser, the Secretary of Foreign Affairs, and the (hief of Staff of the AF' are entitled to access to the 'resident

[Type text]

Se tion ,7- DISJAALIFICATIONS SE8$%(# S?E (% ?F DISHEA!IFI(A#I?2 'resident, Aice;'resident, 'rohibited from* (abinet Bembers, Deputies or +) Holding any office or employment during their Assistants of (abinet Bembers tenure, E2!%SS* a) other"ise provided in the (onstitution 3e)g) A' can be appointed a (abinet Bember, Sec) of $ustice sits on $udicial and 8ar (ouncil6/ or b) the positions are e:;officio and they do not receive any salary or other emoluments therefor 3e)g) Sec) of Finance is head of Bonetary 8oard6) ,) -) .) 'racticing, directly or indirectly, profession during their tenure/ 'articipating in any business/ 8eing financially interested in any contract "ith, or in any franchise, or special privilege granted by the government or any subdivision, agency or instrumentality thereof, including G?((Ss or their subsidiaries) any other

2)8) #he rule on dis&ualifications for the 'resident and his (abinet are stricter than the normal rules applicable to appointive and elective officers under Art) IG;8, Sec) D) Spouses and .th degree (annot be appointed during 'residentFs tenure as* relatives of the 'resident 3consanguinity or affinity6 +) Bembers of the (onstitutional (ommissions/ ,) ?ffice of the ?mbudsman/ -) Department Secretaries/ .) Department under;secretaries/ 0) (hairman or heads of bureaus or offices including G?((Fs and their subsidiaries) 2)8) a) If the spouse, etc), "as already in any of the above offices at the time before hisKher spouse became 'resident, heKshe may continue in office) What is prohibited is appointment and reappointment, 2?# continuation in office) b) Spouses, etc), can be appointed to the judiciary and as ambassadors and consuls)

Se tions ,;?,=- PODER TO APPOINT Prin i"les: +6 ,6 Since the po"er to appoint is e:ecutive in nature, (ongress cannot usurp this function) While (ongress 3and the (onstitution in certain cases6 may prescribe the &ualifications for particular offices, the determination of "ho among those "ho are &ualified "ill be appointed is the 'residentFs prerogative)

S o"e:

[Type text]

#he 'resident shall appoint the follo"ing* +6 ,6 -6 .6 Heads of e:ecutive departments 3(A confirmation needed6* Ambassadors, other public ministers, and consuls 3(A confirmation needed6) ?fficers of AF' from ranC of colonel or naval captain 3(A confirmation needed6) ?ther officers "hose appointment is vested in him by the (onstitution 3(A confirmation needed6, such as* a6 (hairmen and members of the (?B%!%(, (?A and (S() b6 egular members of the $udicial and 8ar (ouncil) c6 #he ?mbudsman and his deputies/ d6 Sectoral representatives in (ongress) 2)8) 'resident also appoints members of the Supreme (ourt and judges of the lo"er courts, but these appointments do not need (A confirmation)

06 All other officers "hose appointments are not other"ise provided for by la"/ and those "hom he may be authori<ed by la" to appoint) a6 #his includes the (hairman and members of the (ommission on Human ights, "hose appointments are provided for by la" 2?# by the (onstitution) b6 (ongress may, by la", vest the appointment of other officers lo"er in ranC in the 'resident alone or in the courts, or in the heads of departments, agencies, boards or commissions) c6 8E#* (ongress cannot, by la", re&uire (A confirmation of the appointment of other officers for offices created subse&uent to the +54D (onstitution 3e)g) 2! ( (ommissioners, 8angCo Sentral Governor6) A!S?* Aoluntary submission by the 'resident to the (A for confirmation of an appointment "hich is not re&uired to be confirmed does not vest the (A "ith jurisdiction) #he 'resident cannot e:tend the scope of the (AFs po"er as provided for in the (onstitution)

d6

Pro e*)re: +6 (A confirmation needed* a6 b6 c6 d6 2omination by 'resident (onfirmation by (A Appointment by 'resident/ and Acceptance by appointee)

2ote* At any time before all four steps have been complied "ith, the 'resident can "ithdra" the nominationKappointment) ,6 2o (A confirmation* a6 Appointment/ and b6 Acceptance) 2ote* ?nce appointee accepts, 'resident can no longer "ithdra" the appointment)

[Type text]

A*?interim a""ointments: +6 When (ongress is in recess, the 'resident may still appoint officers to positions subject to (A confirmation) ,6 #hese appointments are effective immediately, but are only effective until they are disapproved by the (A or until the ne:t adjournment of (ongress) -6 Appointments to fill an office in an PactingF capacity are 2?# ad;interim in nature and need no (A approval) A""ointments b' an A tin# Presi*ent: #hese shall remain effective E2!%SS revoCed by the elected 'resident "ithin 57 days from his assumption or re;assumption of office) Limitation +6 , months immediately before the ne:t 'residential elections, and up to the end of his term, the 'resident or Acting 'resident SHA!! 2?# maCe appointments) #his is to prevent the practice of Pmidnight appointments)J ,6 %G(%'#I?2* a6 (an maCe #%B'? A @ A''?I2#B%2#S b6 #o fill %G%(E#IA% '?SI#I?2S/ c6 If continued vacancies therein "ill prejudice public service or endanger public safety) Se tion ,>- Po&er of Control an* S)"er%ision Po&er of Control: #he po"er of an officer to alter, modify, or set aside "hat a subordinate officer has done in the performance of his duties, and to substitute the judgment of the officer for that of his subordinate) #hus, the 'resident e:ercises control over all the e:ecutive departments, bureaus, and offices) #he 'residentFs po"er over government;o"ned corporations comes not from the (onstitution but from statute) Hence, it may be taCen a"ay by statute) J)alifie* Politi al A#en ': +6 Since all e:ecutive and administrative organi<ations are adjuncts of the %:ecutive Department, the heads of such departments, etc) are assistants and agents of the 'resident) ,6 #hus, generally the acts of these department heads, etc, "hich are performed and promulgated in the regular course of business, are presumptively the acts of the 'resident) -6 %:ception* If the acts are disapproved or reprobated by the 'resident) .6 Ender Administrative !a", decisions of Department Secretaries need not be appealed to the 'resident in order to comply "ith the re&uirement of e:haustion of administrative remedies)

[Type text]

06 Hualified political agency does 2?# apply if the 'resident is re&uired to act in person by la" or by the (onstitution) %:ample* #he po"er to grant pardons must be e:ercised personally by the 'resident) Dis i"linar' Po&ers: +6 #he po"er of the 'resident to discipline officers flo"s from the po"er to appoint the, and 2?# from the po"er control) ,6 8E# While the 'resident may remove from office those "ho are not entitled to security of tenure, or those officers "ith no set terms, such as Department Heads, the officers, and employees entitled to security of tenure cannot be summarily removed from office) Po&er of S)"er%ision: +6 #his is the po"er of a superior officer to ensure that the la"s are faithfully e:ecuted by subordinates) ,6 #he po"er of the president over local government units is only of general supervision) #hus, he can only interfere "ith the actions of their e:ecutive heads if these are contrary to la") -6 #he e:ecution of la"s is an ?8!IGA#I?2 of the 'resident) He cannot suspend the operation of la"s) .6 #he po"er of supervision does not include the po"er of control/ but the po"er of control necessarily includes the po"er of supervision) Se tion ,@- CO99ANDER?IN?CHIEF PODERS S o"e: +6 #he 'resident is the (ommander;in;(hief of the Armed Forces) ,6 Whenever necessary, the 'resident may call out the AF' to ' %A%2# or SE'' %SS* a6 !a"less violence/ b6 Invasion/ or c6 ebellion) -6 #he 'resident may also* a6 Suspend the privilege of the "rit of habeas corpus/ and b6 'roclaim a state of martial la") S)s"ension of t!e "ri%ile#e of t!e &rit of !abeas or")s an* *e larin# martial la&M +) Grounds a) Invasion or b) ebellion/ and c) 'ublic safety re&uires it) ,) #he invasion or rebellion must be A(#EA! and not merely imminent) -) !imitations* a) Suspension or proclamation is effective for only 17 days)

[Type text]

b) Within .4 hours from the declaration or suspension, the 'resident must submit a report to (ongress) c) (ongress, by majority vote and voting jointly, may revoCe the same, and the 'resident cannot set aside the revocation) d) In the same manner, at the 'residentFs initiative, (ongress can e:tend the same for a period determined by (ongress if* i) Invasion or rebellion persist and ii) 'ublic safety re&uires it) 2?#%* (ongress (A22?# e:tend the period motu propio) e) Supreme (ourt revie"* i) #he appropriate proceeding can be filed by any citi<en) ii) #he S( can revie" the FA(#EA! 8ASIS of the proclamation or suspension) iii) Decision is promulgated "ithin -7 days from filing) f) Bartial !a" does NOT3 i) Suspend the operation of the (onstitution) ii) Supplant the functioning of the civil courts or legislative assemblies) iii) Authori<e conferment of jurisdiction on military courts over civilians "here civil courts are able to function and iv) Automatically suspend the privilege of the "rit) g) Suspension of privilege of the "rit* i) Applies ?2!@ to persons judicially charged for rebellion or offenses inherent in or directly connected "ith invasion) ii) Anyone arrested or detained during suspension must be charged "ithin - days) ?ther"ise he should be released) 2ote* While the suspension of the privilege of "rit and the proclamation of martial la" is subject to judicial revie", the actual use by the 'resident of the armed forces is not) #hus, troop deployments in times of "ar is subject to the 'residentFs judgment and discretion) Se tion ,H: ELECATICE CLE9ENCY S o"e: +)6 #he 'resident may grant the follo"ing* N Pa R C ReO a) Pardons 3conditional or plenary6 b) Reprieves c) Commutations d) Remittance of fines and forfeitures ,)6 #hese may only be granted AF#% conviction by final judgment) -)6 A!S?* #he po"er to grant clemency includes cases involving administrative penalties) .)6 Where a conditional pardon is granted, the determination of "hether it has been violated rests "ith the 'resident)

[Type text]

Limitations: +)6 As to scope* (annot be granted* a)6 8efore conviction b)6 In cases of impeachment c)6 For violations of election la"s, rules, and regulation "ithout the favorable recommendation of the (?B%!%( d)6 In cases of civil or legislative contempt ,)6 As to effect* a)6 Does not absolve civil liabilities for an offense) b)6 Does not restore public offices already forfeited, although eligibility for the same may be restored) Amnest': +)6 An act of grace concurred in by (ongress, usually e:tended to groups of persons "ho commit political offenses, "hich puts into oblivion the offense itself) ,)6 'resident alone (A22?# grant amnesty) Amnesty needs concurrence by a majority of all the members of (ongress) -)6 When a person applies for amnesty, he must admit his guilt of the offense "hich is subject to such amnesty) If his application is denied, he can be convicted based on this admission of guilt) .)6 Amnesty A) 'ardon A9NESTY Addressed to '?!I#I(A! offenses Granted to a (!ASS of persons 2eed not be accepted e&uires concurrence of majority of all members of (ongress A public act) Subject to judicial notice %:tinguishes the offense itself PARDON Addressed to ? DI2A @ offenses Granted to I2DIAIDEA!S Bust be accepted 2o need for (ongressional concurrence 'rivate act of 'resident) It must be proved) ?nly penalties are e:tinguished) Bay or may not restore political rights) Absolute pardon restores) (onditional does not) (ivil indemnity is not e:tinguished) ?nly granted after conviction by final judgement

Bay be granted before or after conviction

[Type text]

Se tion 1G- Po&er to Contra t or 0)arantee Forei#n Loans Limitations: 3+6 #he 'resident may contract or guarantee foreign loans on behalf of the the 'hilippines "ith the prior concurrence of the Bonetary 8oard/ and 3,6 Subject to such limitations as may be provided by la") Se tion 1,- Forei#n Relations Po&ers in l)*e: 3+6 'o"er to negotiate treaties and other international agreements 3a6 8E#* Such treaty of international agreement must be concurred in by at least ,K- of all Senators in order to be valid and effective in our country) 3b6 ?ptions of Senate "hen a treaty is submitted for its approval* 3i6 Approve "ith ,K- majority/ 3ii6 Disapprove outright/ or 3iii6 Approve conditionally, "ith suggested amendments) 3c6 If treaty is not re;negotiated, no treaty 3d6 If treaty is re;negotiated and the SenateFs suggestions are incorporated, the treaty "ill go into effect "ithout need of further Senate approval) Note: While our municipal la" maCes a distinction bet"een international agreements and e:ecutive agreements, "ith the former re&uiring Senate approval and the latter not needing the same, under international la", there is no such distinction) Note: #he 'resident cannot, by e:ecutive agreement, undertaCe an obligation "hich indirectly circumvents a legal prohibition) 3e6 (onflict bet"een treaty and municipal la") 3i6 'hilippine court* #he later enactment "ill prevail, be it treaty or la", as it is the latest e:pression of the StateFs "ill) 3ii6 International tribunal #reaty "ill al"ays prevail) A State cannot plead its municipal la" to justify noncompliance "ith an international obligation) 3,6 'o"er to appoint ambassadors, other public ministers, and consuls) 3-6 'o"er to receive ambassadors and other public ministers accredited to the 'hilippines) 3.6 'o"er to contract and guarantee foreign loans on behalf of the epublic 306 'o"er to deport aliens 3a6 #his po"er is vested in the 'resident by virtue of his office, subject only to restrictions as may be provided by legislation as regards the grounds for deportation) 3b6 In the absence of any legislative restriction to authority, the 'resident may still e:ercise this po"er) epublic of

[Type text]

3c6 #he po"er to deport aliens is limited by the re&uirements of due process, "hich entitles the alien to a full and fair hearing) 8E#* #he alien is not entitled to bail as a matter of right)

ARTICLE CIII- THE BADICIAL DEPART9ENT SEC- ,- BADICIAL PODER S o"e: +) $udicial po"er is the authority to settle justiciable controversies or disputes involving rights that are enforceable and demandable before the courts of justice or the redress of "rongs for violations of such rights) ,) Aested in the Supreme (ourt and such lo"er courts as may be established by la") -) Since the courts are given Pjudicial po"erF and nothing more, courts may neither attempt to assume or be compelled to perform non;judicial functions) #hey may not be charged "ith administrative functions e:cept "hen reasonably incidental to the fulfillment of their duties) .) In order that courts may e:ercise this po"er, there must e:ist the follo"ing* a) b) c) An actual controversy "ith legally demandable and enforceable rights/ Involving real parties in interest/ #he e:ercise of such po"er "ill bind the parties by virtue of the courtFs application of e:isting la"s)

0) $udicial po"er cannot be e:ercised in vacuum) Without any la"s from "hich rights arise and "hich are violated, there can be no recourse to the courts) 1) #he courts cannot be asCed for advisory opinions) D) $udicial po"er includes* a) #he duty of the courts to settle actual controversies involving rights "hich are legally demandable and enforceable/ and b) #o determine "hether or not there has been a grave abuse of discretion amounting to lacC or e:cess of jurisdiction on the part of any branch or instrumentality of the government) Politi al J)estions: +) A Ppolitical &uestionF is one the resolution of "hich has been vested by the (onstitution e:clusively in either the people, in the e:ercise of their sovereign capacity, or in "hich full discretionary authority has been delegated to a co;e&ual branch of the Government)

,) #hus, "hile courts can determine &uestions of legality "ith respect to governmental action, they cannot revie" government policy and the "isdom thereof, for these &uestions have been vested by the (onstitution in the %:ecutive and !egislative Departments) SEC- 1- ROLES OF CON0RESS +) Defining enforceable and demandable rights and prescribing remedies for violations of such rights/ and

[Type text]

,) Determining the court "ith jurisdiction to hear and decide controversies or disputes arising from legal rights) -) #hus, (ongress has the po"er to define, prescribe and apportion the jurisdiction of various courts) .) 8E#, (ongress cannot deprive the Supreme (ourt of its jurisdiction over cases provided for in the (onstitution) 0) (reation and abolition of courts* a) #he po"er to create courts implies the po"er to abolish and even re; organi<e courts) b) 8E# this po"er cannot be e:ercised in a manner "hich "ould undermine the security of tenure of the judiciary) c) If the abolitionKre;organi<ation is done in good faith and not for political or personal reasons, then it is AA!ID) 3same rule applies for civil servants6 SEC- 7- FISCAL AATONO9Y +) #he entire judiciary shall enjoy fiscal autonomy) ,) Annual appropriations for the judiciary cannot be reduced belo" the amount appropriated for the previous year) -) ?nce approved, appropriations shall be automatically and regularly released) SECS- ;?>M ,1 BADICIARY Com"osition of t!e S)"reme Co)rt: +) (hief $ustice and ,) +. Associate $ustices 2ote* Bembers of the Supreme (ourt and of other courts established by la" shall not be designated to any agency performing &uasi;judicial or administrative functions) J)alifi ations of members of t!e SC: +) ,) -) .) 2atural born citi<en of the 'hilippines At least .7 years old At least +0 years of e:perience as a judge or in the practice of la" in the 'hilippines 'erson of proven competence, integrity, probity and independence)

J)alifi ations of members of lo&er olle#iate o)rts .CA2 CTA2 San*i#anba'an/ +) ,) -) .) 2atural born citi<en of the 'hilippines Bember of the 'hilippine bar 'ossesses other &ualifications prescribed by (ongress 'erson of proven competence, integrity, probity and independence)

J)alifi ations of ()*#es of lo&er non? olle#iate o)rts: +) ,) -) .) (iti<en of the 'hilippines 3may be a naturali<ed citi<en6 Bember of the 'hilippine 8ar 'ossesses other &ualifications prescribed by (ongress 'erson of proven competence, integrity, probity and independence)

Se tion @- BADICIAL AND BAR COANCIL +) #he $udicial and 8ar (ouncil is under the supervision of the S() A) Is under the supervision of the Supreme (ourt and is composed of* +) (hief $ustice, as e:;officio chairman ,) Secretary of $ustice, as an e:;officio member

[Type text]

-) epresentative of (ongress, as an e:;officio member .) epresentative of the Integrated 8ar 0) A professor of la" 1) A retired member of the S(/ and D) 'rivate sector representative Note: #he last four re the regular members of the $8() egular members are appointed by the 'resident "ith (A approval) egular members serve for . years, "ith staggered terms) 8) Functions of $8( +) 'rincipal function* recommend appointees to the $udiciary ,) %:ercise such other functions as the S( may assign to it) () Appointments to the $udiciary +) 'resident shall appoint from a list of at least - nominees for each vacancy, as prepared by the $8() ,) 2o (A confirmation is needed for appointments to the $udiciary) -) Aacancies in S( should be filled "ithin 57 days from the occurrence of the vacancy) .) Aacancies in lo"er courts should be filled "ithin 57 days from submission to the 'resident of the $8( list) SEC- ,G- SALARIES +) Salaries of S( $ustices and judges of lo"er courts shall be fi:ed by la") ,) (annot be decreased during their continuance in office, but can be increased) -) Bembers of the $udiciary are 2?# e:empt from payment of income ta:) SEC- ,,- TENARE8DISCIPLINARY PODERS OF SC +) Bembers of the S( and judges of the lo"er courts hold office during good behavior until a) #he age of D7 years old/ or b) #hey become incapacitated to discharge their duties) ,) Disciplinary action against judges of lo"er courts* a) ?nly the S( en banc has jurisdiction to discipline or dismiss judges of lo"er courts) b) Disciplinary actionKdismissal* Bajority vote of S( $ustices "ho tooC part in the deliberations and voted therein) -) emoval of S( $ustices* a) ?nly by IB'%A(HB%2#) b) (annot be disbarred "hile they hold office) SECS- ;?=2 ,7- THE SAPRE9E COART Hearin# of ases: +) ,) %n banc/ or Divisions of -, 0, or D)

Cases re3)ire* to be !ear* en ban : +) All cases involving constitutionality of aKan*

[Type text]

a) #reaty b) International or e:ecutive agreement or c) !a") ,) All cases re&uired to be heard en banc under the ules of (ourt* a) Appeals from Sandiganba+an/ and b) From the (onstitutional (ommissions -) All cases involving the constitutionality, application or operation of a) 'residential decrees b) 'roclamations c) ?rders d) Instructions e) ?rdinances/ and f) ?ther regulations) .) (ases heard by a division "here re&uired majority of - "as not obtained) 0) (ases "here S( modifies or reverses a doctrine or principle of la" laid do"n by the S( en banc or by a division) 1) Administrative cases to discipline or dismiss judges of lo"er courts/ and D) %lection contests for 'resident and Aice;'resident) Cases !ear* b' *i%ision +) Bust be decided "ith the concurrence of a majority of the members "ho tooC part in the deliberations and voted thereon) ,) Bajority vote in a division should be at least - members) Po&ers of t!e SC +) S( has ? IGI2A! jurisdiction over a) (ases affecting ambassadors, other public ministers and consuls) 2ote* #his refers to foreign ambassadors, etc), stationed in the 'hilippines) b) 'etitions for certiorari, prohibiton, mandamus, &uo "arranto, and habeas corpus) ,) S( has A''%!!A#% jurisdiction over final judgments and orders in the follo"ing*

[Type text]

a) All cases involving the constitutionality or validity of any i) treaty ii) international or e:ecutive agreement iii) la" iv) presidential decree v) proclamation vi) order vii) instruction viii) ordinance, or i:) regulation/ b) All cases involving the legality of any i) ta: ii) impost iii) assessment or iv) toll or v) any penalty imposed in relation thereto/ c) All cases in "hich the jurisdiction of any lo"er court is in issue d) (riminal cases "here the penalty imposed is reclusion perpetua or higher/ and e) All cases "here ?2!@ errors or &uestions of la" are involved) -) #emporarily assign lo"er court judges to other stations in the public interest) 2ote* #emporary assignment shall not e:ceed 1 months "ithout the consent of the judge concerned) .) ?rder a change of venue or place of trial to avoid a miscarriage of justice) 0) 'romulgate rules concerning* a) #he protection and enforcement of constitutional rights/ b) 'leading, practice and procedure in all courts/ c) Admission to the practice of la"/ d) #he Integrated 8ar/ and e) !egal assistance to the underprivileged) !imitations on ule BaCing 'o"er a) It should provide a simplified and ine:pensive procedure for the speedy disposition of cases) b) It should be uniform for all courts of the same grade) c) It should not diminish, increase, or modify substantive rights) 1) Appoint A!! officials and employees of the $udiciary, in accordance "ith (ivil Service !a") D) %:ercise administrative supervision over A!! courts and the personnel thereof) De isions of t!e S)"reme Co)rt: +) eached in consultation before being assigned to a member for the "riting of the opinion) ,) A certification to this effect must be signed by the (hief $ustice and attached to the record of the case and served upon the parties) -) Bembers of the S( "ho tooC no part, or "ho dissented or abstained must state the reasons therefore) 2ote* #his procedure shall also be observed by all lo"er collegiate courts 3(A, (#A, and the Sandiganba+an6)

[Type text]

BADICIAL RECIED Definition +) $udicial evie" is the po"er of the S( to declare a la", treaty, ordinance etc) unconstitutional) ,) !o"er courts may also e:ercise the po"er of judicial revie", subject to the appellate jurisdiction of the S() -) ?nly S( decisions are precedent, and thus, only S( decisions are binding on all) Re3)isites (ode* NA R S Co RO

+) An A(#EA! (AS% calling for the e:ercise of judicial po"er ,) #he &uestion involved must be RI'% F? AD$EDI(A#I?2, i)e) the government act must have had an adverse effect on the person challenging it) -) #he person challenging the governmental act must have P S#A2DI2GF, i)e) a personal and substantial interest in the case such that he has sustained, or "ill sustain, direct injury as a result of its enforcement) .) #he &uestion of Constitutionality must be raised in the first instance, or at the earliest opportunity) 0) Resolution of the issue of constitutionality is unavoidable or is the very lis mota) Effe t of a *e laration of )n onstit)tionalit': +) 'rior to the declaration that a particular la" is unconstitutional, it is considered as an Poperative factF "hich at that time had to be complied "ith) ,) #hus, vested rights may have been ac&uired under such la" before it "as declared unconstitutional) -) #hese rights are not prejudiced by the subse&uent declaration that the la" is unconstitutional) SEC- ,;- DECISIONS +) Decisions BES# state clearly and distinctly the facts and the la" on "hich it is based) ,) efusal to give due course to petitions for revie" and motions for reconsideration must state the legal basis for such refusal) -) Bemorandum decisions, "here the appellate court adopts the findings of fact and la" of the lo"er court, are allo"ed as long as the decision adopted by reference is attached to the Bemorandum for easy reference) .) #hese rules only apply to courts) #hey do not apply to &uasi;judicial or administrative bodies nor to military tribunals)

[Type text]

ARTICLE IL THE CONSTITATIONAL CO99ISSIONS Se tion ,- Constit)tional Commissions In*e"en*ent Constit)tional Commissions* +6 (ivil Service (ommission 3(S(6 ,6 (ommission on %lections 3(?B%!%(6 -6 (ommission on Audit 3(?A6 D!' In*e"en*entE #hey perform vital functions of government) #heir integrity is protected by the fact that they* +6 Are constitutionally created 3Sec) +6 ,6 Have independent po"ers of appointment 3Sec) .6 -6 %ach (ommission may promulgate its o"n procedural rules 3Sec) 16 .6 Fiscal autonomy 3Sec) 06 06 Salaries may not be diminished during their office 3Sec) -6 16 (ommissioners have a fi:ed term D6 (ommissioners are removable by impeachment only) Se tion 1- DISJAALIFICATIONS Dis,-alificatio.s/ Bembers cannot, during their tenure* +6 Hold any other office or employment/ ,6 %ngage in the practice of any profession/ -6 %ngage in the active management or control of any business, "hich, in any "ay, may be affected by the functions of their office/ and .6 8e financially interested, direct or indirect, in any contract, franchise, privilege granted by the government, any of its subdivisions, agencies, instrumentalities, including G?((Ss and their subsidiaries) Note3 #he ?mbudsman and his deputies are subject to the same &ualifications) Se tion 7- SALARIES Salaries +6 Salaries are fi:ed by la" and shall not be decreased during their #%2E %) ,6 Decreases in salaries only affect those members appointed AF#% increase) -6 Incumbent members do not lose any salary) .6 Increases taCe effect IBB%DIA#%!@)

[Type text]

Se tion =- RALES OF PROCEDARE Pro e*)res: +6 ules* #he (ommissions may promulgate its o"n rules %2 8A2() ,6 !imitation* It shall not* a6 Diminish, b6 Increase, or c6 Bodify substantive rights) -6 'o"er of S( a6) #he S( may not, under Art) AIII Sec) 0306, e:ercise the po"er to disapprove rules of Ospecial courts and &uasi;judicial bodies)O b6) In proceedings before the (ommissions, the rules of the (ommission prevail) c6) In proceedings before a court, the ules of (ourt prevail) d6) #he S( may, ho"ever, in appropriate cases, e:ercise $EDI(IA! %AI%W Se tion >- DECISION 9A4IN08APPEAL De ision?9a:in#: +6 %ach commission shall decide matter or cases by a majority vote of all the members "ithin 17 days from submission) (?B%!%( may sit en banc or in , divisions) %lection cases, including pre;proclamation controversies are decided in division, "ith motions for reconsideration filed to the (?B%!%( en banc) #he S( has held that a majority decision decided by a division of the (?B%!%( is a valid decision) ,6 As (?!!%GIA! 8?DI%S, each commission must act as one, and no one member can decide a case for the entire commission) 3i)e) #he (hairman cannot ratify a decision "hich "ould other"ise have been void6) A""eals: +6 Decisions, orders or rulings of the (?B%!%(K(?A may be brought on certiorari to the S( under ule 10) ,6 Decisions, orders or ruling of the (S( should be appealed to the (A under ule .-) Enfor ement: It has been held that the (S( can issue a "rit of e:ecution to enforce judgments "hich are final) THE CICIL SERCICE CO99ISSION Se tion ,- CO9POSITION8JAALIFICATIONS8TER9 Com"osition: +6 (hairman ,6 (ommissioners 9 , commissioners

[Type text]

J)alifi ations: +6 2atural;born citi<ens of the 'hilippines/ ,6 At least -0 years old at the time of their appointments/ -6 With proven capacity for public administration/ and .6 2?# candidates for any elective position in the elections immediately preceding their appointment) 06 Appointees by the 'resident to the (S( need (ommission on Appointments 3(A6 confirmation Term: +6 (hairman ;D years/ (ommissioner+ ; 0 yrs/ (ommissioner, ; - yrs ,6 !imitation* single term only, no reappointment -6 Appointment to vacancy* only for une:pired term of predecessor .6 2o temporary appointments, or appointments in acting capacity) Se tion 1- S o"e: #he (ivil Service embraces all* A) 8) () D) %) branches, subdivisions, instrumentalities, agencies of the government, including G?((s "ith original charters) +)OWith ?riginal (harterO means that the G?(( "as created by special la"Kby (ongress ,) If incorporated under the (orporation (ode, it does not fall "ithin the (ivil Service, and is not subject to the (S( jurisdiction) -) %ven if once government;controlled, then becomes privati<ed, ceases to fall under (S() .) $urisdiction is determined as of the time of filing the complaint) A""ointments to i%il ser%i e s!all be: A) (ompetitive positions According to merit and fitness to be determined by competitive e:aminations, as far as practicable e:cept to positions "hich are policy;determining, primarily confidential, or highly technical) 8) 2on;competitive positions +6) 2o need for competitive e:aminations) ,6) - Cinds a6 'olicy;determining ; b6 'rimarily confidential ; c6 Highly technical ; formulate a method of action for the govSt more than ordinary confidence/ close intimacy insures freedom of intercourse "ithout betrayals of personal trust))) re&uires technical sCill to a superior degree)

() #he #%S# to determine "hether nonKcompetitive is the 2ature of the responsibilities, 2?# the administrative or legislative description given to it) D) 8oth types of positions are entitled to security of tenure) #hey only differ in the BA22% in "hich they are filled) %) Who may be appointed*

[Type text]

+6)

E!%* Whoever fulfills all the &ualifications prescribed by la" for a particular position may be appointed therein) ,6) #he (S( cannot disapprove an appointment just because another person is better &ualified, as long as the appointee is himself &ualified) -6) #he (S( (A22?# add &ualifications other than those provided by la") F) 2e:t;In; anC ule While a person ne:t in ranC is entitled to preferential consideration, it does not follo" that only he, and no one else, can be appointed) Such person has no vested right to the position and the appointing authority is not bound to appoint the person ne:t in ranC) Ten)re .Classifi ation of Positions/ Career Ser%i e +) %ntrance based on merit and fitness to be determined as far as practicable by competitive e:aminations or based on highly technical &ualifications) ,) %ntitled to security of tenure Non?Career Ser%i e +) %ntrance on bases ?#H% than usual tests of merit and fitness) ,) #enure limited to* a6 'eriod specified by la", b6 (oterminous "ith the appointing authority or subject to his pleasure, or c6 !imited to the duration of a particular project for "hich purpose the employment "as made)

-) With opportunity for advancement to higher career positions) Se )rit' of Ten)re: +6 ?fficers or employees of the (ivil Service cannot be removed or suspended %G(%'# for cause provided by la") It guarantees both procedural and substantive due process) ,6 For O!%GA! (AES%O ; (ause is* a6) related to and affects the administration of office, and b6) must be substantial 3directly affects the rights R interests of the public6 -6 Security of tenure for 2on;competitive positions a6) 'rimarily confidential officers and employees hold office only for so long as confidence in them remains) b6) If there is G%2EI2% loss of confidence, there is no removal, but the e:piration of the term of office c6) 2on;career service officers and employees do not enjoy security of tenure) d6) 'olitical appointees in the foreign service possess tenure coterminous "ith that of the appointing authority or subject to his pleasure) .6 ?ne must be AA!ID!@ A''?I2#%D to enjoy security of tenure) #hus, one "ho is not appointed by the proper appointing authority does not ac&uire security of tenure) Abolition of Offi e #o be valid, abolition must be made* 3a6 In good faith/ 3good faith is presumed6 3b6 2ot for political or personal reasons/ and

[Type text]

3c6 2ot in violation of la") Tem"orar' em"lo'ees are o%ere* b' t!e follo&in# r)les: +6) 2ot protected by security of tenure ; can be removed anytime even "ithout cause ,6) If they are separated, this is considered an e:piration of his term) -6) 8E#* #hey can only be removed by the one "ho appointed them) .6) %ntitled only to such protection as may be provided by la") No offi er or em"lo'ee in t!e Ci%il Ser%i e s!all en#a#e in an' ele tioneerin# or in "artisan "oliti al a ti%it' +6 (annot solicit votes in favor of a particular candidate) ,6 (annot give campaign contributions or distribute campaign materials) -6 8E#* Allo"ed to e:press vie"s on political issues, and to mention the names of the candidates "hom he supports) .6 'rohibition does not apply to department secretaries Ri#!t to or#ani6e #he right to organi<e does 2?# include the right to striCe Se tions =?>- DISJAALIFICATIONS Dis3)alifi ations +6 !osing candidates in any election a6) (annot be appointed to any office in the government or G?((Ss or their subsidiaries b6) 'eriod of dis&ualification* ?ne 3+6 year after such election) ,6 %lective officials a6) 2ot eligible for appointment or designation A2@ (A'A(I#@ to A2@ 'E8!I( ?FFI(% or position during their tenure) b6) %G(%'#I?2* Bay hold e: officio positions) %:amples* #he Aice 'resident may be appointed (abinet member (ongressman may sit in the $udicial and 8ar (ouncil c6) #o be eligible to hold any other office, the elected official must first resign his office d6) %ven (ongress cannot, by la", authori<e the appointment of an elective official)

[Type text]

-6) Appointive officials a6) (annot hold any other office or employment in the government, any subdivision, agency, instrumentality, including G?((Ss and their subsidiaries) b6) %G(%'#I?2* Enless other"ise allo"ed by la", or by the primary functions of his position) c6) #his e:ception D?%S 2?# A''!@ to (abinet members, and those officers mentioned in Art) AII, Sec) +-) #hey are governed by the stricter prohibitions contained therein) Se tion @- CO9PENSATION +6 'rohibitions* applies to elected or appointed officers and employees (annot receive* A) Additional ; 8) Double ; an e:tra re"ard given for the same office i)e) bonus "hen an officer is given , sets of compensation for , different offices held concurrently by + officer () Indirect (ompensation ,6 %G(%'#I?2* Enless specifically authori<ed by la" A) OS'%(IFI(A!!@ AE#H? IT%DO means a specific authority particularly directed to the officer or employee concerned) 8) 8E#* per diems and allo"ances given as %IB8E S%B%2# for e:penses actually incurred are not prohibited -6 (annot accept any present, emolument, office, title of any Cind from foreign governments E2!%SS "ith the consent of (ongress) .6 'ensions and gratuities are 2?# considered as additional, double, or indirect compensation) THE CO99ISSION ON ELECTIONS Se tion ,- CO9POSITION8JAALIFICATIONS8TER9 Com"osition: .>/ +6(hairman and ,6(ommissioners 316 J)alifi ations: +6 2atural;born citi<ens of the 'hilippines/ ,6 At least -0 years old at the time of appointment -6 Holders of college degrees/ and .6 2ot candidates for any elective position in the immediately preceding elections) 06 Bajority of the (ommission, including the (hairman must be* a6) Bembers of the 'hilippines 8ar b6) %ngaged in the practice of la" for at least +7 years* Iany activity in or out of court, "hich re&uires the application of la", legal procedure, Cno"ledge, training and e:perience)J 16 Appointments subject to (A approval Term:

[Type text]

+6 (hairman ;D yrs/ - Bembers ; D yrs/ , Bembers ; 0 yrs/ + Bember ; - yrs) ,6 !IBI#A#I?2* Single term only* no reappointment allo"ed -6 Appointment to a vacancy* only for une:pired portion of predecessorFs term .6 2o temporary appointments, or appointments in acting capacity a6) #hus, the 'resident cannot designate an incumbent commissioner as acting (hairman) b6) #he choice of temporary chairman falls under the (?B%!%(Fs discretion) Se tion 1- PODERS AND FANCTIONS Po&ers: +6 %nforce and administer all la"s and regulations relative to the conduct of an election, plebiscite, initiative, referendum, and recall) 3a6 %:* (?B%!%( can enjoin construction of public "orCs "ithin .0 days of an election) -6 %:ercise* A) %:clusive original jurisdiction over all contests relating to the elections, returns, and &ualifications of all elective +) egional, ,) 'rovincial, and -) (ity officials 8) Appellate jurisdiction over all contests involving* +) %lective municipal officials decided by trial courts of general jurisdiction ,) %lective barangay officials decided by trial courts of limited jurisdiction) () Decisions, final orders, or rulings of the (ommission on election contests involving elective municipal and barangay offices shall be final, e:ecutory, and not appealable) %:ception* Appealable to the S( on &uestions of la") D) (ontempt po"ers +) (?B%!%( can e:ercise this po"er only in relation to its adjudicatory or &uasi;judicial functions) It (A22?# e:ercise this in connection "ith its purely e:ecutive or ministerial functions) ,) If it is a pre;proclamation controversy, the (?B%!%( e:ercises &uasi; judicialKadministrative po"ers) -) Its jurisdiction over PcontestsF 3after proclamation6, is in e:ercise of its judicial functions) %) #he (?B%!%( may issue "rits of certiorari, prohibition and mandamus in e:ercise of its appellate jurisdiction) #his is not an inherent po"er) -6 Decide, e:cept those involving the right to vote, all &uestions affecting elections, including determination of the number and location of polling places, appointment of election officials and inspectors, and registration of voters) Note3 Huestions involving the right to vote fall "ithin the jurisdiction of the ordinary courts) .6 Deputi<e, "ith the concurrence of the 'resident, la" enforcement agencies and instrumentalities of the Government, including the Armed Forces of the 'hilippines,

[Type text]

for the e:clusive purpose of ensuring free, orderly, honest, peaceful, and credible elections) a6) #his po"er is 2?# limited to the election period) b6) Applies to both criminal and administrative cases) 06 egistration of political parties, organi<ations, or coalitionsKaccreditation of citi<ensF arms of the (ommission on %lections) a6) #he political parties etc) must present their platform or program of government) b6) #here should be sufficient publication c6) Groups "hich cannot be registered* i) eligious denominationsKsects ii) Groups "hich seeC to achieve their goals through violence or unla"ful means iii) Groups "hich refuse to uphold and adhere to the (onstitution iv) Groups "hich are supported by any foreign government) d6) 8E#* 'olitical parties "ith religious affiliation or "hich derive their principles from religious beliefs are registerable) e6) Financial contributions from foreign governments and their agencies to political parties, organi<ations, coalitions, or candidates related to elections constitute interference in national affairs) If accepted, it is an additional ground for the cancellation of their registration "ith the (ommission, in addition to other penalties that may be prescribed by la") 16 File, upon a verified complaint, or on its o"n initiative, petitions in court for inclusion of e:clusion of voters/ investigate and, "here appropriate, prosecute cases of violations of election la"s, including acts or omissions constituting elections frauds, offenses and malpractices) A) (?B%!%( has e:clusive jurisdiction to investigate and prosecute cases for violations of election la"s) 8) (?B%!%( can deputi<e prosecutors for this purpose) #he actions of the prosecutors are the actions of the (?B%!%( () 'reliminary investigation conducted by (?B%!%( is valid) D6 ecommend to the (ongress effective measures to minimi<e election spending, including limitation of places "here propaganda materials shall be posted, and to prevent and penali<e all forms of election frauds, offenses, malpractices, and nuisance candidacies) ecommend to the 'resident the removal of any officer or employee it has deputi<ed, or the imposition of any other disciplinary action, for violation or disregard or, or disobedience to its directive, order, or decision)

46

56 Submit to the 'resident and the congress a comprehensive report on the conduct of each election, plebiscite, initiative, referendum, or recall)

Se tion 7- RALES OF PROCEDARE8DECISION?9A4IN0 R)les of Pro e*)re +6 (?B%!%( can sit en banc or in t"o divisions ,6 It has the po"er to promulgate its o"n rules of procedure in order to e:pedite disposition of election cases, including pre;election controversies)

[Type text]

De ision?9a:in# +6 %lection cases should be heard and decided in division) 'rovided that, ,6 Botions for reconsideration of decisions should be decided by (?B%!%( en banc) -6 JDecisionsJ mean resolutions on substantive issues) .6 If a division dismisses a case for failure of counsel to appear, the Botion for econsideration here may be heard by the division) 06 %G(%'#I?2* (?B%!%( en banc may directly assume jurisdiction over a petition to correct manifest errors in the tallying of results by 8oard of (anvassers) Se tion ;- SAPERCISION8RE0ALATION OF FANCHISES 8 PER9ITS 8 0RANTS 8 SPECIAL PRICILE0ES 8 CONCESSIONS Re#)lation of fran !ises A) What can (?B%!%( supervise or regulate +6) #he enjoyment or utili<ation of all franchises or permits for the operation of transportation and other public utilities, media of communication or information) ,6) Grants, special privileges or concessions granted by the Government or any subdivision, agency or instrumentality thereof, including any G?(( or its subsidiary 8) When can (?B%!%( e:ercise this po"er +6) During the election period a6) Ender Article GI, Section 5, the election period commences 57 days before the day of the election and ends -7 days thereafter) b6) In special cases, (?B%!%( can fi: a period) ,6) Applies not just to elections but also to plebiscites and referenda) -6) 'lebiscite3 Submission of constitutional amendments or important legislative measures to the people ratification .6) eferendum3 po"er of the electorate to approve or reject legislation through an election called for that purpose) CO9ELEC an* t!e 9EDIA +6) (?B%!%( cannot compel print media to donate free space to the (?B%!%() It may, ho"ever, compel it to provide space after paying just compensation) ,6) 'o"er of (?B%!%( is over franchises and permits, 2?# individuals) For e:ample, (?B%!%( may not regulate media practitioners, for this "ould violate the freedom of e:pression) Se tion <- No "ar*on2 amnest'2 "arole2 or s)s"ension of senten e for %iolation of ele tion la&s2 r)les2 an* re#)lations s!all be #rante* b' t!e Presi*ent &it!o)t t!e fa%orable re ommen*ation of t!e CommissionSe tion = Definition of Politi al Part' organi<ed group of persons pursuing the same political ideals in a government and includes its branches, and divisions Im"ortan e of re#istration of a "oliti al "art'

[Type text]

+6 egistration confers juridical personality on the party) ,6 It informs the public of the partySs e:istence and ideals) -6 It identifies the party and its officers for purposes of regulation by the (?B%!%() Se tion >- No %otes ast in fa%or of a "oliti al "art'2 or#ani6ation2 or oalition s!all be %ali*2 eF e"t for t!ose re#istere* )n*er t!e "art'?list s'stem as "ro%i*e* in t!is Constit)tionPro!ibition on blo :?%otin# +6 General rule* 8locC voting 2?# allo"ed ,6 %G(%'#I?2* those registered under the party;list system Se tion @- PARTY LIST SYSTE9 No Ri#!t to be Re"resente* in Cario)s Boar*s 'olitical parties, organi<ations, or coalitions registered under the party;list system shall 2?# be represented in the follo"ing* +6) AotersF registrations boards, ,6) 8oards of election inspectors, -6) 8oards of canvassers, or .6) ?ther similar bodies) Poll Dat !ers 'olitical parties, etc) are entitled to appoint poll "atchers in accordance "ith la") Se tion ,G- Bona fi*e an*i*ates for an' ")bli offi e s!all be free from an' form of !arassment an* *is rimination #his section does not give candidates immunity from suit) Discrimination includes une&ual treatment in the availment of media facilities)

[Type text]

Se tion ,,- FANDIN0 Ho& "ro%i*e* +6 Funds certified by the (?B%!%( as necessary to defray the e:penses for holding regular and special elections, plebiscites, initiative, referenda and recalls, shall provided in the regular or special appropriations) ,6 Funds should be certified by the (?B%!%( as necessary) Release of f)n*s ?nce approved, funds should be released automatically upon certification by the (hairman of (?B%!%()

THE CO99ISSION ON AADIT Se tion ,- CO9POSITION8JAALIFICATIONS Com"osition: +6 (hairman, and ,6 (ommissioners 3,6) J)alifi ations: +6 2atural;born citi<ens of the 'hilippines ,6 At least -1 years old at the time of their appointment/ -6 %ither* a6) ('AFs "ith at least +7 years auditing e:perience/ or b6) Bembers of 'hil) 8ar "ith +7 years of practice) .6 Bembers cannot all belong to the same profession) 06 Subject to confirmation of the (A) 16 Bust not have been candidates for any elective position in the elections immediately preceding their appointment) Term: +6 (hairman ;D yrs/ (ommissioner+ ;0yrs/ (ommissioner ; , ;- yrs) ,6 !IBI#A#I?2* ; Single terms only/ no re;appointment allo"ed -6 Appointments to any vacancy shall only be for the une:pired portion of predecessorFs term Se tion 1- PODERS +6 %:amine, audit, and settle accounts pertaining to* A) evenue and receipts of funds or property/ or 8) %:penditures and uses of funds or property ?"ned or held in trust by, or pertain to* A) #he Government/ 8) Any of its subdivisions, agencies or instrumentalities/ () Including G?((Fs "ith original charters)

,6 (onduct post;audit "ith respect to the follo"ing*

[Type text]

A) 8) () D)

(onstitutional bodies, commissions, and offices granted fiscal autonomy/ Autonomous state colleges and universities/ G?((Fs and their subsidiaries incorporated under the (orporation (ode) 2one;governmental entities receiving subsidies or e&uity, directly or indirectly, from or through the government, "hich are re&uired by la" of the granting of institution to submit to such audit)

-6 If (?A finds internal control system of audited agencies as inade&uate, (?A may adopt measures, including temporary or special pre;audit, as may be necessary) .6 Neep the general accounts of the government, preserving vouchers and other supporting papers pertaining thereto) 06 %:clusive authority to define the scope of (?AFs audit and e:amination and to establish the techni&ues and methods re&uired therefor) 16 'romulgate accounting and auditing rules and regulations) A) 8) Note3 +6 #he functions of (?A can be classified as* A) 8) () D) %:amine and audit all forms of government revenues/ %:amine and audit all forms of govFt e:penditures Settle govFt accounts 'romulgate accounting and auditing rules 3including those for the prevention of irregularUe:penditures) %) #o decide administrative cases involving e:penditures of public funds) ,6 (?A can settle only !IHEIDA#%D A((?E2#S or those accounts "hich may be adjusted simply by arithmetic process) -6 (?A has authority not just over accountable officers but also over other officers "ho perform functions related to accounting such as verification of evaluations and computation of fees collectible, and the adoption of internal rules of control) .6 (?A does not have the po"er to fi: the amount of an unfi:ed or undetermined debt) 06 Where the follo"ing re&uirements are complied "ith, it becomes the ministerial duty of the (?A to approve and pass in audit vouchers for payment* A) #here is a la" appropriating funds for a particular purpose/ 8) #here is a contract, made by the proper officer, entered into in conformity "ith the above;mentioned la"/ () #he goods or services covered by such contract have been delivered or rendered in pursuance to such contract, as attested by the proper officer/ and D) 'ayment has been authori<ed by officials of the corresponding department or bureau) Including those for the prevention or disallo"ance of irregular, unnecessary, e:cessive, e:travagant, or unconscionable e:penditures or uses of government funds and properties) Failure to comply "ith these rules can be a ground for disapproving the payment of a proposed e:penditure)

16 'rosecutors may still revie" accounts already settled and approved by (?A for the purpose of determining possible criminal liability) #his is because (?AFs interest in such accounts is merely administrative)

[Type text]

D6 (?A has the po"er to determine the meaning of Ppublic biddingF and "hat constitutes failure "hen regulations re&uire public bidding for the sale of government property) Se tion 7- No la& s!all be "asse* eFem"tin# an' entit' of t!e 0o%ernment or its s)bsi*iar' in an' #)ise &!ate%er2 or an' in%estment of ")bli f)n*s2 from t!e ()ris*i tion of t!e Commission on A)*it-

ARTICLE L: LOCAL 0OCERN9ENT Se tion ,- TERRITORIAL8POLITICAL SABDICISIONS OF THE REPABLIC OF THE PHILIPPINES ARE THE: Com"osition: +6 ,6 -6 .6 'rovinces (ities/ Bunicipalities/ and 8arangays

T!ere s!all be A)tonomo)s re#ions in: +6 Buslim Bindanao, and ,6 (ordileras =At present, it is only the (ordilera ADBI2IS# A#IA% region> Note* +6 A third autonomous regions "ould re&uire a constiutional amendment) ,6 #hese political subdivisions, created by the (onstitution cannot be replaced by AB%2DB%2#, and not by la") -6 While (ongress can abolish or eradicate individual units, it cannot abolish an entire class of !GEFs Se tion 1- Lo al A)tonom' +6 All political subdivisions shall enjoy local autonomy ,6 #his does not mean that the !GEFs are completely free from the central government) A) $udiciary may still pass on !GE actions 8) 'resident may e:ercise disciplinary po"er over !GE officials) SEC- 7- Con#ress s!all ena t a lo al #o%ernment o*e &!i ! s!all "ro%i*e for a more res"onsi%e an* a o)ntable lo al #o%ernment str) t)re instit)te* t!ro)#! a s'stem of *e entrali6ation &it! effe ti%e me !anisms of re all2 initiati%e2 an* referen*)m2 allo ate amon# t!e *ifferent lo al #o%ernment )nits t!eir "o&ers2 res"onsibilities2 an* reso)r es2 an* "ro%i*e for t!e 3)alifi ations2 ele tion2 a""ointment an* remo%al2 term2 salaries2 "o&ers an* f)n tions an* *)ties of lo al offi ials2 an* all ot!er matters relatin# to t!e or#ani6ation an* o"eration of t!e lo al )nits-

[Type text]

Se tion ;- PRESIDENTIAL SAPERCISION OF L0AS S)"er%ision of Presi*ent +6 #he 'resident e:ercises general supervision over all !GEs ,6 #he 'resident e:ercises DI %(# supervision over A) 'rovinces 8) Autonomous regions and () Independent cities) -6 #his po"er is limited to ensuring that lo"er officers e:ercise their functions in accordance "ith la") .6 #he president cannot substitute his judgment for that of an !GE official unless the latter is acting contrary to la") 06 #he 'resident may, ho"ever, impose administrative sanctions against !GE officials, such as suspension for +,7 days, and may even remove them from their posts, in accordance "ith la") 16 'rovinces e:ercise direct supervision over component cities and municipalities) D6 (ities and municipalities e:ercise direct supervision over component barangays) Se tion <- EACH LOCAL 0OCERN9ENT SHALL HACE THE PODER TO CREATE ODN SOARCES OF RECENAE8LECY TALES2 FEES AND CHAR0ES ETCLimitations on Po&er +6 It is subject to such guidelines and limitations as (ongress may provide) See !ocal Government (ode for e:amples) ,6 #he guidelines set by (ongress should be consistent "ith the basic policy of local autonomy) A r)al of taFes2 fees2 !ar#es

#he ta:es, fees and charges shall accrue e:clusively to the local governments) Se tion =- L0As SHALL HACE A BAST SHARE IN NATIONAL TALES2 AS DETER9INED BY LAD2 DHICH SHALL BE AATO9ATICALLY RELEASED TO THE9 Internal Re%en)e Allotment .IRA/ +6 Share of !GEs in national ta:es is limited to the internal revenue ta:es) ,6 #he share of each !GE should be released, "ithout need of any further action, directly to the provincial, city, municipal or barangay treasurer) elease is made on a &uarterly basis "ithin 0 days after the end of each &uarter) -6 #he share of each !GE should not be subject to any lien or holdbacC that may be imposed by the national government for "hatever purpose) .6 %ach !GE should appropriate in its annual budget at least ,7Q of its annual I A for development projects)

[Type text]

06 Adjustments in I A A) Ground* Enmanageable public section deficit 8) 'resident can maCe the necessary adjustments in the I A upon the recommendation of the follo"ing* +) Department of Finance Secretary ,) DI!G Secretary -) D8B Secretary 16 I A considered for purposes of conversion from one political subdivision to the ne:t) 3Alvare< v) Guingona6 Se tion >- SHARE OF L0AS IN NATIONAL DEALTH S!are of L0As in national &ealt! +6 !GEs are entitled to an e&uitable share in the proceeds of the utili<ation and development of the national "ealth "ithin their respective areas in the manner provided by la") ,6 #his includes share the same "ith the inhabitants by "ay of direct benefits) An*er t!e L0C +6 !GEs have a share of .7Q of the gross collection derived by the national government from the preceding fiscal year from A) Bining ta:es 8) oyalties () Forestry and fishery charges D) ?ther ta:es, fees and charges %) Share in any co;production, joint venture or production sharing agreement in the utili<ation and development of the national "ealth "Kin their territorial jurisdiction SEC- @- TER9 OF OFFICE Term of Offi e %lective local officials, no" including barangay officials have a term of - years) Limitations: +6 2o elective official shall serve for more than - consecutive terms ,6 Aoluntary renunciation of office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for "hich he "as elected)

[Type text]

SEC- H- SECTORAL REPRESENTATION IN L0AS Le#islati%e bo*ies of t!e lo al #o%ernments s!all !a%e Se toral Re"resentation .)n*er t!e L0C/ as ma' be "ro%i*e* b' la& #here should be representatives from* +6 #he "omenFs sector ,6 #he "orCers -6 #hird sector 3can choose from any of the follo"ing6 A6 Erban poor 86 Indigenous cultural communities (6 Disabled persons D6 Any other sector as may be determined by the sanggunian Ele tion of Se tor Re"resentati%es SEC- ,G- Creation2 abolition an* *i%ision of L0AIs ;8 "e, isites A) (ompliance "ith the re&uirements of the !ocal Government (ode/ and 8) Approved by a majority of the votes cast in a plebiscite held in the political units DI %(#!@ affected) ,6 #hus, a province is supposed to be divided into , separate provinces, plebiscite "ill include voters of the %2#I % province, and not just the area to comprise the ne" province) -6 !G( re&uirements relate to matters such as population, revenue, and area re&uirements) Se - ,,- 9etro"olitan "oliti al s)b*i%isions Creation: +6 (ongress may create special metropolitan political subdivisions by la") ,6 It is subject to a plebiscite B)ris*i tion of 9etro"olitan a)t!orit' It is limited to basic services re&uiring coordination) Basi A)tonom' of Com"onent Cities an* 9)ni i"alities +6 #he component cities and municipalities retain their basic autonomy ,6 #hey shall be entitled to their o"n local e:ecutive and legislative assemblies) SEC- ,1- CITIES Classifi ation of Cities: +6 Highly urbani<ed 3as determined by la"6 ,6 (omponent cities 3cities still under provincial control6/ and -6 Independent component cities 3non;highly urbani<ed cities "hose voters are prohibited by thecity charter from voting in provincial elections6 In*e"en*en e from t!e Pro%in e

[Type text]

+6 Highly urbani<ed cities and independent component cities are independent of the province) ,6 (omponent cities "hose charter contain no such prohibition are still under the control of the province and its voters may still vote for elective provincial officials) Se tion ,7- Coor*ination amon# L0AS Consoli*ation an* Coor*ination of Efforts2 Ser%i es an* Reso)r es +6 It is optional on the part of !GEs as sho"n by the use of the "ord ImayJ ,6 It can be done for purposes commonly beneficial to them in accordance "ith the la") An*er L0C .Se tion 77/ +6 (onsolidation and coordination may be done through appropriate ordinances) ,6 A public hearing should be conducted and the approval of the sanggunian obtained) -6 An !GE can* A) (ontribute funds, real estate, e&uipment and other Cinds of property 8) AppointKassign personnel under such terms and conditions as may be agreed upon by the participating !GEs through Bemoranda of Agreement) Se tion ,;- RE0IONAL DECELOP9ENT COANCILS D!o an "ro%i*e for RDC #he 'resident shall provide for Com"osition +6 !ocal government officials ,6 egional heads of departments and other government offices -6 epresentatives of 2G?S "ithin the regions For P)r"ose of +6 Administrative decentrali<ation ,6 #o strengthen local autonomy -6 #o accelerate the economic and social gro"th and development of the units in the region Se tion ,<- AATONO9OAS RE0IONS D!ere: +6 Buslim Bindanao ,6 (ordillera region Fa tors: +6 Historical heritage ,6 (ultural heritage -6 %conomic and social structures, D( or other similar bodies composed of*

[Type text]

.6 ?ther relevant characteristics "ithin* A) #he frame"orC of the consititution 8) 2ational sovereignty () #erritorial integrity) Creation: +6 'rovided by la") ,6 %FF%(#IAI#@ of such creation occurs only "hen it is approved by a majority of the votes cast in a plebiscite held among the constituent units) -6 ?nly those 'rovinces, (ities, and Geographical Areas voting favorably in such plebiscite shall form part of the autonomous region) .6 If only + province approved the la", 2? AE#?2?B?ES %GI?2 created, since the constitution re&uires more than one province to constitute one 3liCe "hat happened in the (ordillera plebiscite6 06 #he &uestion of "hich !GEFs shall constitute an autonomous region is one "hich is e:clusively for (ongress to decide) Se tion ,=- 0ENERAL SAPERCISION OCER AATONO9OAS RE0IONS B' D!om: #he 'resident P)r"ose: #o ensure that the la"s are faithfully e:ecuted) SEC- ,>All "o&ers2 f)n tions an* res"onsibilities not #rante* b' t!is Constit)tion or b' la& to t!e a)tonomo)s re#ion s!all be %este* in t!e National 0o%ernment#9amples3 +6 Foreign relations, ,6 2ational defense and Security -6 Bonetary Affairs

Se tion 1G- LE0ISLATICE PODERS T!e Or#ani A t of A)tonomo)s Re#ion s!all "ro%i*e for le#islati%e "o&ers o%er: +6 ,6 -6 .6 06 16 D6 46 56 Administrative organi<ation/ (reation of sources of revenues/ Ancestral domain and natural resources 'ersonal, family and property relations egional, urban, and rural planning development/ %conomic, social, and tourism development/ %ducational policies/ 'reservation and development of the cultural heritage/ and Such other matters as may be authori<ed by la" for the promotion of the general "elfare of the people of the region)

Limitations: +6 Subject to the provisions of the (onstitution and national la"s ,6 #o be e:ercised "ithin its territorial jurisdiction Se tion 1,- PRESERCATION OF PEACE AND ORDER8DEFENSE AND SECARITY

[Type text]

Pea e an* Or*er It shall be the responsibility of the local police agencies) Defense an* Se )rit' It shall be the responsibility of the national government)

ARTICLE LI: ACCOANTABILITY OF PABLIC OFFICERS Se tion ,: PABLIC OFFICE AS A PABLIC TRAST P)bli offi ers an* em"lo'ees m)st at all times: ?be a o)ntable to t!e "eo"le2 ?ser%e t!em &it! )tmost res"onsibilit'2 inte#rit'2 lo'alt' an* effi ien '2 ?a t &it! "atriotism an* ()sti e an* ?lea* mo*est li%esSe tion 1: I9PEACH9ENT8RE9OCAL FRO9 OFFICE Im"ea !ment: .as means of remo%al from offi e/ ,- D!o ma' be im"ea !e*: 'resident A' S( $ustices (onstitutional (ommission members ?mbudsman 1- 0ro)n*s (ulpable violation of the (onstitution treason bribery graft and corruption other high crimes or betrayal of public trust 2ote* It is an e:clusive list) (ongress cannot, by la", add to the list of impeachable offenses) -) #hese officers cannot be charged in court "ith offenses that have removal from office as penalty) .) #he 'resident cannot be charged "ith murder) 0) A S( $ustice cannot be disbarred because this "ould dis&ualify him from his position) 1) 8E# AF#% an official has been impeached, he can be charged "ith the appropriate offense) D) esignation by an impeachable official does not place him beyond the reach of impeachment proceedings/ he can still be impeached) All Ot!er P)bli Offi ers an* Em"lo'ees +) #hey may be removed from office as provided by la" ,) 8E#* 2?# by impeachment

Se tion 7: PROCEDARE FOR I9PEACH9ENT

[Type text]

EF l)si%e Po&er of Ho)se of Re"resentati%es #he House of impeachment) Pro e*)re: +) Filling of verified complaint a) (an be filed by* +) Any member of the House of epresentatives or ,) Any citi<en upon a resolution of endorsement by any Bember of the House or -) 8y at least +K- of all the Bembers of the House of epresentatives ,)6 -)6 .)6 Inclusion of complaint in the order of business "ith +7 session days eferral to proper (ommittee "ithin - session days thereafter Submission of (ommittee report to the House together "ith corresponding resolution a) #here should be a hearing b) #here should be a majority vote of the members c) #he report should be submitted "ithin 17 days from referral, after hearing, and by a majority vote of A!! its members) 0)6 1)6 (alendaring of resolution for consideration by the House Should be done "ithin +7 session days from receipt thereof Aote of at least +K- of all Bembers of the House necessary to* a) Affirm a favorable resolution "ith the Articles of Impeachment of the (ommittee or b) #o override its contrary resolution 2ote* If the verified complaint or resolution of impeachment "as filed by at least +K- of all the Bembers of the House, it shall constitute the Articles of Impeachment) #rial in the Senate shall proceed) D)6 #rial in the Senate A) Senate has the sole po"er to try and decide all cases of impeachment 8) For this purpose, the Senators shall be under oath or affirmation a) When the 'resident of the 'hilippines is on trial, the ($ of the Supreme (ourt presides) Ho"ever, heKshe "ill not vote) 4)6 $udgment of (onviction epresentatives has e:clusive po"er to I2I#IA#% all cases of

#his re&uires the concurrence of ,K- of all the Bembers of the Senate 5)6 %ffect of the Impeachment a) emoval from office of the official concerned b) Dis&ualification to hold any office under the epublic of the 'hilippines c) ?fficer still liable to prosecution, trial, and punishment if the impeachable offense committed also constitutes a felony or crime) Se tion ;: SANDI0ANBAYAN Sandiganbayan L the anti;graft court

[Type text]

Se tions <?=2 @?,;: OFFICE OF THE O9BADS9AN Com"osition: +)6 ,)6 -)6 .)6 ?mbudsmanK#anodbayan ?verall deputy At least one Deputy each for !u<on, Aisayas and Bindanao Deputy for military establishment may be appointed

J)alifi ations: .Omb)*sman an* !is *e")ties/ +)6 ,)6 -)6 .)6 0)6 2atural born citi<en of the 'hilippines At least .7 years old at time of appointment ?f recogni<ed probity and independence Bember of the 'hilippine bar Bust not have been candidate for any elective office in the immediately preceding election 1)6 For ?mbudsman* He must have been for ten years or more a) A judge or b) %ngage in the practice of la" in the 'hilippines Dis3)alifi ations8Pro!ibitions .)n*er Arti le IL2 Se tion 1/ +)6 (annot hold any other office or employment during his tenure ,)6 (annot engage in the practice of any profession or in the active management or control of any business "hich may be affected by the functions of his office -)6 (annot be financially interested, directly or indirectly, in any contract "ith or in any franchise or privilege granted by the Government, any of its subdivisions, agencies or instrumentalities, including G?((s or their subsidiaries A""ointment +) ?f ?mbudsman and deputies a) 8y the president from a list of at least 1 nominees prepared by the $udicial and 8ar (ouncil) Aacancies "ill be filled from a list of - nominees b) Appointments do 2?# re&uire confirmation c) All vacancies shall be filled "ithin - months after they occur) ,) ?f other officials and employees of the ?ffice of the ?mbudsman d) 8y the ?mbudsman e) In accordance "ith (ivil Service !a" Term: .Omb)*sman an* *e")ties/ +) D years "ith reappointment ,) #hey are 2?# &ualified to run for any office in the election immediately succeeding their cessation from office

[Type text]

Ran:8Salaries: +) #he ?mbudsman has the ranC of (hairman of a (onstitutional (ommission ,) #he Bembers have the ranC of members of a (onstitutional (ommission -) #heir salaries cannot be decreased during their term of office) Po&ers2 F)n tions an* D)ties of t!e Offi e of t!e Omb)*sman +) Investigate on its o"n, or on complaint by any person, any act or omission of any public official, employee, office or agency, "hen such act or omission appears to be illegal, unjust, improper, or inefficient) a) #he S( held that the po"er to investigate and prosecute cases involving public officers and employees has been transferred to the ?mbudsman) b) #he ?mbudsman may al"ays delegate his po"er to investigate) c) #he po"er to investigate includes the po"er to impose preventive suspension) d) #his preventive suspension is not a penalty) e) II2A%S#IGA#%J does not mean preliminary investigation) f) #he complaint need not be dra"n up in the usual form) g) #he II!!%GA!J act or omission need not be in connection "ith the duties of the public officer or employee concerned) h) A2@ illegal act may be investigated by the ?mbudsman) In this regard, the ?mbudsmanFs jurisdiction is (?2(E %2# "ith that of the regular prosecutors) ,) Direct, upon complaint or at its o"n instance, any public official or employee of the government, or any subdivision, agency or instrumentality thereof, as "ell as of any government;o"ned or controlled corporation "ith original charter, to perform and e:pedite any act of duty re&uired by la", or to stop, prevent, and correct any abuse or impropriety in the performance of duties) a) #he ?mbudsman has '% SEASIA% '?W% , and may re&uire that proper legal steps are taCen by the officers concerned) b) #he public official or employee must be employed in* 3I6) #he Government 3II6) Any subdivision, agency, or instrumentality thereof/ or 3III6) G?((Fs "ith original charters c) #he S( has held that the S' may prosecute before the Sandiganbayan judges accused of graft and corruption, even if they are under the Supreme (ourt) -)6 Direct the officer concerned to taCe the appropriate action against a public official or employee at fault, and recommend his removal, suspension, demotion, fine, censure, or prosecution, and ensure compliance there"ith) a) #he ?mbudsman does 2?# himself prosecute cases against public officers or employees) b) Final say to prosecute still rests in the e:ecutive department) c) #he ?mbudsman or #anodbayan may use mandamus to compel the fiscal to prosecute) .)6 Direct the officer concerned, in any appropriate case, and subject to such limitations as may be provided by la" to furnish it "ith copies of documents relating to contracts or transactions entered into by his office involving the disbursement or use of public funds of properties, and report any irregularity to (?A for appropriate action)

[Type text]

0)6 e&uest any government agency for assistance and information necessary in the discharge of its responsibilities, and to e:amine, if necessary, pertinent records and documents) 1)6 'ublic matters covered by its investigation "hen circumstances so "arrant and "ith due process D)6 Determine the cause of inefficiency, red tape, mismanagement, fraud and corruption in the government and maCe recommendations for their elimination and the observance of high standards of ethics and efficiency 4)6 'romulgate its rules of procedure and e:ercise such other po"ers or perform such functions or duties as may be provided by la" Note* #he ?ffice of the ?mbudsman also has the duty to act promptly on complaints filed in any form or manner against public officials or employees of the government, or any subdivision, agency or instrumentality including G?((s and their subsidiaries) In appropriate cases, it should notify the complainants of the action taCen and the result thereof) Fis al A)tonom': #he ?ffice of the ?mbudsman enjoys fiscal autonomy) appropriations should be automatically and regularly released) Se tion >: OFFICE OF THE SPECIAL PROCECATOR +) Ender the +54D (onstitution, the e:isting #anodbayan became the ?ffice of the Special 'rosecutor ,) 'o"ers a) It "ill continue to function and e:ercise its po"ers as no" or hereafter may be provided by la" b) %:ception* 'o"ers conferred on the ?ffice of the ?mbudsman -) #he ?ffice of the Special 'rosecutor is subordinate to and acts under the orders of the ?mbudsman Note* According to $acC, the S( "as "rong because the (on(om intended that the S' "as to prosecute anti;graft cases) Se tion ,<: RECOCERY OF ILL?0OTTEN DEALTH Pres ri"tion2 La !es2 Esto""el +)6 #he right of the State to recover properties unla"fully ac&uired by public officials and employees from them or from their nominees or transferees shall 2?# be barred by prescription, laches or estoppel) ,)6 #heir right to prosecute criminally these officials and employees may prescribe) Its approved annual

[Type text]

Se tion ,=: PROHIBITION ON CERTAIN FINANCIAL TRANSACTIONS Co%era#e: #his prohibition applies to* +)6 ,)6 -)6 .)6 0)6 1)6 D)6 4)6 'resident Aice;'resident Bembers of the (abinet Bembers of (ongress Bembers of Supreme (ourt Bembers of (onstitutional (ommissions ?mbudsman Any firm or entity in "hich they have controlling interest

D!en "ro!ibition a""lies: 'rohibition applies during their #%2E %) S o"e of "ro!ibition: +)6 #he above mentioned officials cannot obtain, directly or indirectly for 8ESI2%SS 'E '?S%S* a) !oans b) Guarantees c) ?ther forms of financial accommodation From* +) Government o"ned or controlled banCs/ or ,) Government o"ned or controlled financial institutions) If the loan, etc, is 2?# for business purpose, e)g) a housing loan, the prohibition does not apply)

,)6

Se tion ,>: Statements of assets2 liabilities an* net &ort! D!en s)bmitte*: 'ublic officer and employee shall submit a declaration under oath of his assets, liabilities and net "orth upon assumption of office and as often as re&uired under the la") D!en *e laration s!all be *is lose* to t!e ")bli : #hese declarations shall be disclosed to the public in a manner provided by la" in the case of* +)6 ,)6 -)6 .)6 0)6 1)6 D)6 4)6 'resident Aice;'resident Bembers of the (abinet Bembers of (ongress $ustices of the Supreme (ourt Bembers of (onstitutional (ommissions ?ther constitutional offices ?fficers of the armed forces "ith general or flag ranC

Se tion ,@: Alle#ian e of ")bli offi ers an* em"lo'ees

[Type text]

Allegiance to the State and to the /onstit tion /hange in /iti4enship-Immigrant Stat s +)6 Incumbent public officers and employees "ho seeC either* a) (hange his citi<enship/ or b) Ac&uire immigrant status in another country Shall be dealt "ith by la") ,)6 -)6 If 'hilippine citi<enship is one of the &ualifications to the office, the loss of such citi<enship means the loss of the office by the incumbent) #he %lection (ode provides the rules "ith respect to non;incumbents, i)e) persons running for elective offices)

a) #he (ode provides that permanent residents of or immigrant to a foreign country cannot file certificates of candidacy unless they e:pressly "aive their status as such #his renunciation must be some other than, and prior to, the filling of the certificate of candidacy)

ARTICLE LII NATIONAL ECONO9Y AND PATRI9ONY SEC- ,- 0OALS OF THE NATIONAL ECONO9Y T!ree?fol* #oal: +) Bore e&uitable distribution of opportunities, income and "ealth/ ,) Sustained increase in the amount of goods and services produced by the nation for the benefit of the people/ and -) %:panding productivity, as the Cey to raising the &uality of life for all) T!e State s!all "romote in*)striali6ation an* f)ll em"lo'ment +) It should be based on sound agricultural development and agrarian reform ,) It should be through industries that maCe full and efficient use of human and natural resources) Industries should also be competitive in both domestic and foreign marCets) Prote tion of Fili"ino enter"rises #he State shall protect Filipino enterprises against unfair foreign competition and trade practices) Role of Pri%ate Enter"rises 'rivate enterprises, including corporations, cooperatives, and similar collective organi<ations, shall be encouraged to broaden the base of their o"nership) Se tion 1- RE0ALIAN DOCTRINE Distin tion bet&een Im"eri)m an* Domini)m +) Imperium Government authority possessed by the State "hich is appropriately embraced in sovereignty) ,) Dominium a) #he capacity of the State to o"n and ac&uire property) b) It refers to lands held by the government in a proprietary character* can provide for the e:ploitation and use of lands and other natural resources)

[Type text]

S o"e: #he follo"ing are o"ned by the State* +) !ands of the public domain* Waters Binerals, coals, petroleum, and other mineral oils/ All sources of potential energy/ Fisheries/ Forests or timber/ Wildlife/ Flora and fauna/ and ?ther natural resources) Alienation of Nat)ral Reso)r es +) General ule* All natural resources (A22?# be alienated ,) %:ception* Agricultural lands EF"loration2 De%elo"ment an* Atili6ation of Nat)ral Reso)r es +) Shall be under the full control and supervision of the State ,) Beans A) #he state may DI %(#!@ E2D% #AN% such activities 8) #he state may enter into (?;' ?DE(#I?2, $?I2# A%2#E % ? ' ?DE(#I?2;SHA I2G arrangements "ith +) Filipino citi<en or ,) (orporation or association at least 17Q of "hose capital is o"ned by such citi<ens -) !imitations* A) 'eriod* It should not e:ceed ,0 years, rene"able for not more than ,0 years 8) Ender terms and conditions as may be provided by la") .) In case of "ater rightsK"ater supplyKfisheriesKindustrial uses other than the development of "ater po"er #he beneficial use may be the measure and limit of the grant) Small?s ale Atili6ation of Nat)ral Reso)r es +) (ongress may, by la", authori<e small;scale utili<ation of natural resources by Filipino citi<ens ,) (ongress may also authori<e cooperative fish farming "ith priority given to subsistence fishermen and fish"orCers in the rivers, laCes, bays and lagoons) Lar#e?S ale EF"loration2 De%elo"ment an* Atili6ation of 9inerals8Petrole)m8Ot!er 9ineral Oils +) #he 'resident may enter into agreements "ith foreign o"ned corporations involving technical or financial assistance for large;scale e:ploration etc) of minerals, petroleum, and other mineral oils) #hese agreements should be in accordance "ith the general terms and conditions provided by la") ,) #hey should be based on the real contributions to economic gro"th and general "elfare of the country) -) In the agreements, the State should promote the development and use of local scientific and technical resources) .) #he 'resident should notify (ongress of every contract under this provision "ithin -7 days from its e:ecution) 0) Banagement and service contracts are not allo"ed under this rule)

[Type text]

Prote tion of 9arine Dealt! +) #he State shall protect its marine "ealth in its Archipelagic "aters #erritorial sea R %%T ,) #he State shall reserve its use and enjoyment e:clusively to Filipino citi<ens) Se tion 7- LANDS OF THE PABLIC DO9AIN ARE CLASSIFIED INTO +) ,) -) .) Agricultural ForestKtimber Bineral lands R 2ational 'arCs

Note3 +) (lassification of public lands is an e:clusive prerogative of the %:ecutive Department through the ?ffice of the 'resident, upon recommendation by the D%2 ) ,) (lassification is descriptive of the legal nature of the land and 2?# "hat it looCs liCe) #hus, the fact that forest land is denuded does not mean it is no longer forest land) Alienable lan*s of ")bli *omain +) ?nly agricultural lands are alienable) ,) Agricultural lands may be further classified by la" according to the uses to "hich they may be devoted) Limitations re#ar*in# Alienable Lan*s of t!e P)bli Domain +) For private corporations or associations A) #hey can only hold alienable lands of the public domain 8@ !%AS% 8) 'eriod* (annot e:ceed ,0 years, rene"able for not more than ,0 years () Area* !ease cannot e:ceed +,777 hectares Note3 A corporation sole is treated liCe other private corporations for the purpose of ac&uiring public lands) ,) For Filipino citi<ens A) (an lease up to 077 hectares 8) (an A(HEI % not more than +, hectares by purchase, homestead or grant #aCing into account the re&uirements of conservation, ecology and development, and subject to the re&uirements of agrarian reform, (ongress shall determine by la" the si<e of the lands of the public domain "hich may be ac&uired, developed, held or lease and the conditions therefore) 9eans b' D!i ! Lan*s of t!e P)bli Domain Be ome Pri%ate Lan* +) Ac&uired from government by purchase or grant/ ,) Eninterrupted possession by the occupant and his predecessors;in;interest since time immemorial/ and -) ?pen, e:clusive, and undisputed possession of A!I%2A8!% 3agricultural6 public land for a period of -7 years) A) Epon completion of the re&uisite period, the land becomes private property ipso jure "ithout need of any judicial or other sanction)

[Type text]

8) Here, in possession since time immemorial, presumption is that the land "as never part of public domain) () In computing -7 years, start from "hen land "as converted to alienable land, not "hen it "as still forest land D) 'resumption is that land belongs to the State) Se tion ;- Con#ress s!all2 as soon as "ossible2 *etermine b' la&2 t!e s"e ifi limits of forest lan*s an* national "ar:s2 mar:in# learl' t!eir bo)n*aries on t!e #ro)n*- T!ereafter2 s) ! forest lan*s an* national "ar:s s!all be onser%e* an* ma' not be in rease* or *iminis!e*2 ELCEPT b' la&- Con#ress s!all "ro%i*e meas)res to "ro!ibit lo##in# in a- En*an#ere* forest an* b- Daters!e* areas for s) ! "erio* as it ma' *etermineSe tion <- ANCESTRAL LANDS Prote tion of In*i#eno)s C)lt)ral Comm)nities +) #he State protects the rights of indigenous cultural communities to their ancestral lands A) Subject to (onstitutional provisions 8) Subject to national development policies and programs ,) In determining o"nership and e:tent of ancestral domain, (ongress may use customary la"s on property rights and relations)

-) IA2(%S# A! D?BAI2J A) It refers to lands "hich are considered as pertaining to a cultural region 8) #his includes lands not yet occupied, such as deep forests) Se tion >- PRICATE LANDS 0eneral r)le +) 'rivate lands (A2 only be transferred or conveyed to* A) Filipino citi<ens 8) (orporations or associations incorporated in the 'hilippines, at least 17Q of "hose capital is o"ned by Filipino citi<ens

[Type text]

,) %:ceptions A) In intestate succession, "here an alien heir of a Filipino is the transferee of private land) 8) A natural born citi<en of the 'hilippines "ho has lost his 'hilippine citi<enship may be a transferee of ' IAA#% A!2D, subject to limitation provided by la") Hence, land can be used only for residential purposes) In this case, he only ac&uires derivative title) () Foreign states may ac&uire land but only for embassy and staff residence purposes) -) Filipino citi<enship is only re&uired at the time the land is ac&uired) #hus, loss of citi<enship after ac&uiring the land does not deprive o"nership) .) estriction against aliens only applies to ac&uisition of o"nership) #herefore* A) Aliens may be lessees or usufructuaries of private lands 8) Aliens may be mortgages of land, as long as they do not obtain possession thereof and do not bid in the foreclosure sale)

0) !and tenure is not indispensable to the free e:ercise of religious profession and "orship) A religious corporation controlled by non;Filipinos cannot ac&uire and o"n land, even for religious purposes) Reme*ies to re o%er "ri%ate lan*s from *is3)alifie* aliens: +) %scheat proceedings ,) Action for reversion under the 'ublic !and Act -) An action by the former Filipino o"ner to recover the land A) #he former pari delicto principle has been abandoned 8) Alien still has the title 3didnFt pass it on to one "ho is &ualified6 Se tion ,G- NATIONAL ECONO9Y AND PATRI9ONY8INCEST9ENTS Po&er of Con#ress +) (ongress, upon the recommendation of 2%DA, can reserve to Filipino citi<ens or to corporations or associations at least 17Q of "hose capital is o"ned by such citi<ens, or such higher percentage as (ongress may prescribe, certain areas of investment) #his may be done "hen the national interest dictates) ,) (ongress shall also enact measures to encourage the formation and operation of enterprises "hose capital is "holly o"ned by Filipinos) National E onom' an* Patrimon' In the grant of rights, privileges and concessions covering the national economy and patrimony, the State shall give preference to HEA!IFI%D Filipinos) Se tion ,,- FRANCHISES FOR PABLIC ATILITIES Po&er to #rant: +) (ongress may directly grant a legislative franchise/ or ,) 'o"er to grant franchises may be delegated to appropriate regulatory agencies andKor !GEFs P)bli )tilit'

[Type text]

+) In order to be considered as a public utility, and thus subject to this provision, the undertaCing must involve dealing directly "ith the public) ,) #hus, a 8uild;?perate;#ransfer grantee is 2?# a public utility) #he 8?# grantee merely constructs the utility, and it leases the same to the government) It is the government "hich operates the public utility 3operation separate from o"nership6) To &!om #rante*: +) Filipino citi<ens or ,) (orporations or associations incorporated in the 'hilippines and at least 17Q of the capital is o"ned by Filipino citi<ens) Terms an* on*itions: +) Duration* 2ot more than 07 years ,) Franchise is 2?# e:clusive in character -) Franchise is granted under the condition that it is subject to amendment, alteration, or repeal by (ongress "hen the common good so re&uires) Parti i"ation of Forei#n In%estors +) #he participation of foreign investors in the governing body of any public utility enterprise shall be limited to their proportionate share in its capital) ,) Foreigners cannot be appointed as the e:ecutive and managing officers because these positions are reserved for Filipino citi<ens) Se tion ,=- FOR9ATION8OR0ANIKATION8RE0ALATION OF CORPORATIONS ;' Pri&ate corporations (ongress can only provide for the formation, etc of private corporations through a general la") :' !O//1s #hey may be created by* a) Special charters in the interest of the common good and subject to the test of economic viability) b) 8y incorporation under the general corporation la") Se tions ,@?,H- SPECIAL ECONO9IC PODERS OF THE 0OCERN9ENT +) #emporary taCeover or direction of operations* A) (onditions i) 2ational emergency and ii) When the public interest re&uires 8) Bay be used against privately o"ned public utilities or businesses affected "ith public interest) () Duration of the taCeover* period of emergency D) #aCeover is subject to reasonable terms and conditions %) 2o need for just compensation because it is only temporary)

[Type text]

,) 2ationali<ation of vital industries* A) %:ercised in the interest of national "elfare or defense 8) Involves either* i) %stablishment and operation of vital industries/ or ii) #ransfer to public o"nership, upon payment of just compensation, public utilities and other private enterprises to be operated by the government) Se tion ,H- 9ONOPOLIES +) #he (onstitution does 2?# prohibit the e:istence of monopolies) ,) #he State may either regulate or prohibit monopolies, "hen public interest so re&uires) -) (ombinations in restraint of trade or unfair competition are prohibited) Fili"ino iti6ens!i" or e3)it' re3)irements: A(#IAI#@ %HEI %B%2#S %:ploitation of natural resources (I#IT%2SHI' A2DK? %HEI#@ ', "ith

+) Filipino citi<ens/ or ,) (orporations incorporated in 17Q Filipino o"nership +) Filipino citi<ens/ or ,) (orporations incorporated in 17Q Filipino o"nership

?peration of 'ublic Etilities

', "ith

Ac&uisition of alienable lands of the public domain +) Filipino citi<ens/ ,) (orporations incorporated in ', "ith 17Q Filipino o"nership/ -) Former natural;born citi<ens of ', as transferees, "ith certain legal restrictions/ and .) Alien heirs as transferees in case of intestate succession) 'ractice of A!! 'rofessions Bass Bedia Filipino citi<ens only 3natural persons6 V(ongress may, by la", other"ise prescribe +) Filipino citi<ens/ or ,) (orporations incorporated in +77Q Filipino o"ned +) Filipino citi<ens/ or ,) (orporations incorporated in D7Q Filipino o"ned) ', and

Advertising

', and

%ducational institution

+) Filipino citi<ens/ or ,) (orporations incorporated in ', "ith 17Q Filipino o"nership #</#PT3 Schools established by religious groups and mission boards) V(ongress may, by la", increase Filipino e&uity re&uirements for A!! educational institutions) (ongress may, by la", reserve to Filipino citi<ens or to corporations 17Q Filipino

?ther economic activities

[Type text]

o"ned 3or even higher6 certain investment areas)

ARTICLE LIII SOCIAL BASTICE AND HA9AN RI0HTS So ial B)sti e +6 Social justice in the (onstitution is principally the embodiment of the principle that those "ho have less in life should have more in la") ,6 #he +54D (onstitution advances beyond "hat "as in previous (onstitutions in that it seeCs not only economic social justice but also political social justice) Pri.cipal activities i. order to achieve social 0-stice +6 (reation of more economic opportunities and more "ealth/ and ,6 (loser regulation of the ac&uisition, o"nership, use and disposition of property in order to achieve a more e&uitable distribution of "ealth and political po"er) Labor Section - of Article GIII elaborates on the provision in Article II by specifying "ho are protected by the (onstitution, "hat rights are guaranteed, and "hat positive measures the state should taCe in order to enhance the "elfare of labor) &i1ht to or1a.i2e a.d to hold peacef-l co.certed activities #he right to organi<e is given to all Cinds of "orCers 8?#H in the ' IAA#% and 'E8!I( sectors) #he "orCers have a right to hold peaceful concerted activities e:cept the right to striCe, "hich is subject to limitation by la") &i1ht to participate i. the decisio. ma3i.1 process of emplo4ers #he "orCers have the right to participate on matters affecting their rights and benefits, Ias may be provided by la"J) #his participation can be through +6 ,6 -6 .6 collective bargaining agreements, grievance machineries, voluntary modes of settling disputes, and conciliation proceedings mediated by government)

A#rarian Reform 0oals: Agrarian reform must aim at +6 efficient production, ,6 a more e&uitable distribution of land "hich recogni<es the right of farmers and regular farm"orCers "ho are landless to o"n the land they till, and -6 a just share of other or seasonal farm"orCers in the fruits of the land)

CARL as an eFer ise of "oli e "o&er an* "o&er of eminent *omain #o the e:tent that the la" prescribes retention limits for lando"ners, there is an e:ercise of police po"er) 8ut "here it becomes necessary to deprive o"ners of their

[Type text]

land in e:cess of the ma:imum allo"ed there is compensable taCing and therefore the e:ercise of eminent domain) Rea ! of a#rarian reform It e:tends not only to private agricultural lands, but also to Iother natural resources,J even including the use and enjoyment of Icommunal marine and fishing resourcesJ and Ioffshore fishing groundsJ) T!e Commission on H)man Ri#!ts Com"osition: +6 (hairman/ and ,6 . members J)alifi ations: +6 ,6 -6 .6 06 2atural;born citi<ens of the 'hilippines/ Bajority of the (ommission must be members of the 'hilippine 8ar/ #erm of office, other &ualifications and disabilities shall be provided by la"/ #he appointment of the (H members is 2?# subject to (A confirmation/ and #he (H is not of the same level as the (?B%!%(, (S(, or (?A)

Po&ers: +6 Investigate all forms of human rights violations involving civil or political rights A) Aiolations may be committed by public officers or by civilians or rebels) 8) (H cannot investigate violations of social rights) () (H has 2? adjudicatory po"ers over cases involving human rights violations) D) #hey cannot investigate cases "here no rights are violated) %) %:ample* #here is no right to occupy government land, i)e) s&uat thereon) #herefore, eviction therefrom is 2?# a human rights violation) ,6 Adopt operational guidelines and rules of procedure) -6 (ite for contempt for violations of its rules, in accordance "ith the ules of (ourt) .6 'rovide appropriate legal measures for the protection of the human rights of all persons, "ithin the 'hilippines, as "ell as Filipinos residing abroad, and provide for preventive measures and legal aid services to the underprivileged "hose human rights have been violated or need protection) A) (H can initiate court proceedings on behalf of victims of human rights violations) 8) #hey can recommend the prosecution of human rights violators, but it cannot itself prosecute these cases) () 8E#* #he (H cannot issue restraining orders or injunctions against alleged human rights violators) #hese must be obtained from the regular courts) 06 %:ercise visitorial po"ers over jails, prisons and other detention facilities) 16 %stablish continuing programs for research, education and information in order to enhance respect for the primacy of human rights) D6 ecommend to (ongress effective measures to promote human rights and to provide compensation to victims of human rights violations or their families) 46 Bonitor compliance by the government "ith international treaty obligations on human rights) 56 Grant immunity from prosecution to any person "hose testimony or "hose possession of documents or other evidence is necessary or convenient to determine the truth in any (H investigation) +76 e&uest assistance from any department, bureau, office, or agency in the performance of its functions) ++6 Appoint its officers and employers in accordance "ith la") +,6 'erform such other functions and duties as may be provided for by la")

[Type text]

ARTICLE LIC ? EDACATION2 SCIENCE AND TECHNOLO0Y2 ARTS2 CALTARE2 AND SPORTS EDACATION 0oals of t!e State: #he State shall promote and protect* +6 #he right to &uality education at all levels/ ,6 #he right to affordable and accessible education/ and -6 %ducation that is relevant to the needs of people and society) Ri#!t to E*) ation an* A a*emi Free*om #he right to education must be read in conjunction "ith the academic freedom of schools to re&uire Ifair, reasonable, and e&uitable admission re&uirements)J Po&er to Dismiss St)*ents +6 Schools have the po"er to dismiss students, after due process, for disciplinary reasons) ,6 Acts committed outside the school may also be a ground for disciplinary action if* a6 It involves violations of school policies connected to school;sponsored activities/ or b6 #he misconduct affects the studentFs status, or the good name or reputation of the school) Re#)lation of Ri#!t to E*) ation #he right to education in particular fields may be regulated by the State in the e:ercise of its police po"er, e'g' the State may limit the right to enter medical school by re&uiring the applicants to taCe the 2BA#) Free E*) ation +6 #he State shall maintain a system of free education in* a6 %lementary level, and b6 High school level) ,6 %lementary education is compulsory for all children of school age) Ho"ever, this is a moral rather than a legal compulsion) E*) ational Instit)tions I) Filipini<ation A) ?"nership* +6) Filipino citi<ens, or ,6) (orporations incorporated in ' and 17Q Filipino;o"ned) %G(%'#* Schools established by religious groups and mission boards) -6) (ongress may increase Filipino e&uity re&uirements in A!! educational institutions) 8) (ontrol and Administration* +6) Bust be vested in Filipino citi<ens ,6) efers to line positions, such as 'resident, Dean, 'rincipal, and #rustees -6) Faculty members may be foreigners) () Student 'opulation* +6) G%2% A! E!%* (annot establish school e:clusively for aliens) Aliens can only comprise up to +K- of total enrollment) ,6) %G(%'#I?2S* Schools established for foreign diplomatic personnel and their dependents, and unless other"ise provided for by la" for other foreign temporary

[Type text]

residents) II) #a: %:emptions A) 2on;stocC, non;profit educational institutions* +6 All revenues and assets actually, directly and e:clusively used for educational purposes are e:empt from ta:es and duties) ,6 #his is self;e:ecutory) 8) 'roprietary educational institutions, including cooperatives* +6 %ntitled to e:emptions as may be provided by la", including restrictions on dividends and re;investment ,6 e&uires an enabling statute -6 Grants, endo"ments, donations and contributions actually, directly and e:clusively used for educational purposes are e:empt from ta:es, subject to conditions prescribed by la") III) Academic Freedom A) %ducational Institutions Schools have the freedom to determine* +6 Who may teach, ,6 What may be taught, -6 Ho" it shall be taught, and .6 Who may be admitted to study) 8) Faculty members +6 Full freedom in research and in the publication of the results, subject to the ade&uate performance of their other academic duties) ,6 Freedom in the classroom in discussing their subjects, but they should be careful not to introduce into their teaching controversial matter "hich has no relation to their subjects) -6 When faculty members speaC or "rite in their capacity as citi<ens, then they are free from institutional censorship or discipline) () Students #hey have the right to enjoy in school the guarantees of the 8ill of D) !imitations +6 Dominant police po"er of the State ,6 Social interest of the community %) 8udgetary 'riority* +6) %ducation must be assigned the highest budgetary priority) ,6) 8E#* #his command is not absolute) (ongress is free to determine "hat should be given budgetary priority in order to enable it to respond to the imperatives of national interest and for the attainment of other state policies or objectives) Reli#io)s E*) ation in P)bli S !ools: eligion may be taught in public schools subject to the follo"ing re&uisites* +6 %:press "ritten option by parents and guardians/ ,6 #aught "ithin regular class hours/ -6 Instructors are designated and approved by the proper religious authorities/ and .6 WI#H?E# ADDI#I?2A! (?S# #? #H% G?A% 2B%2#) Se tion =- Lan#)a#e +6 2ational language* Filipino ,6 ?fficial !anguages* Filipino, and unless other"ise provided by la", %nglish) ights)

[Type text]

-6 egional languages are au:iliary to the official languages) . 3Spanish and Arabic are promoted only on an optional and voluntary basis)

ARTICLE LCI ? 0ENERAL PROCISIONS Se tions ,?1- S'mbols of Nationalit' +6 Flag ed, "hite, and blue) With a sun and - stars #he design may be changed by constitutional amendment) ,6 (ongress may, by la", adopt a ne"* 3a6 2ame for the country, 3b6 2ational anthem, or 3c6 2ational seal) 2ote* !a" "ill taCe effect upon ratification by the people in a 2A#I?2A! %F% %2DEB) Se tion 7- State Imm)nit' S)abilit' of State +6 #he State cannot be sued "ithout its consent) ,6 When considered a suit against the State a6) #he epublic is sued by name/ b6) Suits against an un;incorporated government agency/ c6) 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) 8E#* If he acted pursuant to his official duties, "ithout malice, negligence, or bad faith, they are not personally liable, and the suit is really one against the State) -6 #his rule applies not only in favor of the 'hilippines but also in favor of foreign states) .6 #he rule liCe"ise prohibits a person from filing for interpleader, "ith the State as one of the defendants being compelled to interplead)

Consent to be s)e* A) %:press consent* +6) #he la" e:pressly grants the authority to sue the State or any of its agencies) ,6) %:amples* a6) A la" creating a government body e:pressly providing that such body Imay sue or be sued)J b6) Art) ,+47 of the (ivil (ode, "hich creates liability against the State "hen it acts through a special agent) 8) Implied consent* +6) #he State enters into a private contract)

[Type text]

a6) #he contract must be entered into by the proper officer and "ithin the scope of his authority) b6) E2!%SS* #he contract is merely incidental to the performance of a governmental function) ,6) #he State enters into an operation that is essentially a business operation) a6) E2!%SS* #he operation is incidental to the performance of a governmental function 3e)g) arrastre services6 b6) #hus, "hen the State conducts business operations through a G?((, the latter can generally be sued, even if its charter contains no e:press Isue or be suedJ clause) -6) Suit against an incorporated government agency) a6 #his is because they generally conduct propriety business operations and have charters "hich grant them a separate juridical personality) .6) #he State files suit against a private party) E2!%SS* #he suit is entered into only to resist a claim) 0arnis!ment of #o%ernment f)n*s: +6 G%2% A! E!%* 2?) Whether the money is deposited by "ay of general or special deposit, they remain government funds and are not subject to garnishment) ,6 %G(%'#I?2* A la" or ordinance has been enacted appropriating a specific amount to pay a valid government obligation, then the money can be garnished) Consent to be s)e* is not e3)i%alent to onsent to liabilit': +6 #he Fact that the State consented to being sued does not mean that the State "ill ultimately be held liable) ,6 %ven if the case is decided against the State, an a"ard cannot be satisfied by "rits of e:ecution or garnishment against public funds) eason* 2o money shall be paid out of the public treasury unless pursuant to an appropriation made by la")

[Type text]

Se tion ;- THE AR9ED FORCES OF THE PHILIPPINES Com"osition: A citi<en armed force Pro!ibitions an* *is3)alifi ations: +6 Bilitary men cannot engage, directly or indirectly, in any partisan political activity, e:cept to vote) ,6 Bembers of the AF' in active service cannot be appointed to a civilian position in the government, including G?((s or their subsidiaries) T!e C!ief of Staff: +6 #our of duty* 2ot e:ceed to three years ,6 %G(%'#I?2* In times of "ar or other national emergency as declared by (ongress, the 'resident may e:tend such tour of duty)

ARTICLE LCII? A9END9ENTS OR RECISIONS Definitions: +6 Amendment* an alteration of one or a fe" specific provisions of the (onstitution) Its main purpose is to improve specific provisions of the (onstitution) #he changes brought about by amendments "ill not affect the other provisions of the (onstitution) ,6 evision* An e:amination of the entire (onstitution to determine ho" and to "hat e:tent it should be altered) A revision implies substantive change, affecting the (onstitution as a "hole) Constit)ent "o&er %- Le#islati%e "o&er +6 /onstit ent po%er is the po"er to formulate a (onstitution or to propose amendments to or revisions of the (onstitution and to ratify such proposal) Legislati&e po%er is the po"er to pass, repeal or amend or ordinary la"s or statutes 3as opposed to organic la"6) ,6 /onstit ent po%er is e:ercised by (ongress 3by special constitutional conferment6, by a (onstitutional (onvention or (ommission, by the people through initiative and referendum, and ultimately by sovereign electorate, "hereas legislati&e po%er is an ordinary po"er of (ongress and of the people, also through initiative and referendum) -6 #he e:ercise of constit ent po%er does not need the approval of the (hief %:ecutive, "hereas the e:ercise of legislati&e po%er ordinarily needs the approval of the (hief %:ecutive, e:cept "hen done by people through initiative and referendum) T!ree .7/ ste"s ne essar' to #i%e effe t to amen*ments an* re%isions: +6 'roposal of amendments or revisions by the proper constituent assembly/ ,6 Submission of the proposed amendments or revisions/ and -6 atification)

[Type text]

Pro"osal of amen*ments: Amendments may be proposed by* A) (ongress, acting as a constituent assembly, by a -K. vote of all its members) #he po"er of (ongress to propose amendments is 2?# part of its ordinary legislative po"er) #he only reason (ongress can e:ercise such po"er is that the (onstitution has granted it such po"er) 8) (onstitutional (onvention* +6 Ho" a (onstitutional (onvention may be called a6) (ongress may call a (on(on by a ,K- vote of all its members/ or b6) 8y a majority vote of all its members, (ongress may submit to the electorate the &uestion of "hether to call a (on(on or not) ,6 (hoice of "hich constituent assembly 3either (ongress or (on(on6 should initiate amendments and revisions is left to the discretion of (ongress) In other "ords, it is a political &uestion) -6 8E#* #he manner of calling a (on(on is subject to judicial revie", because the (onstitution has provided for vote re&uirements) .6 If (ongress, acting as a constituent assembly, calls for a (on(on but does not provide the details for the calling of such (on(on, (ongress ; e:ercising its ordinary legislative po"er ; may supply such details) 8ut in so doing, (ongress 3as legislature6 should not transgress the resolution of (ongress acting as a constituent assemble) 06 (ongress, as a constituent assembly and the (on(on have no po"er to appropriate money for their e:penses) Boney may be spent from the treasury only to pursuant to an appropriation made by la") () 'eopleFs Initiative +6 'etition to propose such amendments must be signed be at least +,Q of A!! registered voters) ,6 %very legislative district represented by at least -Q of the registered voters therein) -6 Limitation3 It cannot be e:ercised oftener than once every 0 years) Note3 +6 While the substance of the proposals made by each type of constituent assembly is not subject to judicial revie", the manner the proposals are made is subject to judicial revie") ,6 Since these constituent assemblies o"e their e:istence to the (onstitution, the courts may determine "hether the assembly has acted in accordance "ith the (onstitution) -6 %:amples of justiciable issues* a6 Whether a proposal "as approved by the re&uired number of votes in (ongress 3acting as a constituent assembly6) b6 Whether the approved proposals "ere properly submitted to the people for ratification)

Pro"osal of Re%isions

[Type text]

+6 8y (ongress, upon a vote of -K. of its members ,6 8y a constitutional convention Ratifi ation +6 Amendments and revisions proposed by (ongress andKor by a (on(on* a6 Aalid "hen ratified by a BA$? I#@ of votes cast in a plebiscite) b6 'lebiscite is held not earlier than 17 days nor later than 57 days from the approval of such amendments or revisions) ,6 Amendments proposed by the people via initiative* a6 Aalid "hen ratified by a BA$? I#@ of votes cast in a plebiscite) b6 'lebiscite is held not earlier than 17 days nor later than 57 days after the certification by (?B%!%( of the petitionSs sufficiency) -6 e&uisites of a valid ratification* a6 Held in a plebiscite conducted under the election la"/ b6 Supervised by the (?B%!%(/ and c6 Where only franchised voters 3registered6 voters taCe part) .6 Issues regarding ratification* a6 #he (onstitution does not re&uire that amendments and revisions be submitted to the people in a special election) #hus, they may be submitted for ratification simultaneously "ith a general election) b6 #he determination of the conditions under "hich proposed amendmentsKrevisions are submitted to the people falls "ithin the legislative sphere) #hat (ongress could have done better does not maCe the steps taCen unconstitutional) c6 All the proposed amendmentsKrevisions made by the constituent assemblies must be submitted for ratification in one single plebiscite) #here cannot be a piece;meal ratification of amendmentsKrevisions) d6 'residential proclamation is 2?# re&uired for effectivity of amendmentsKrevisions, E2!%SS the proposed amendmentsKrevisions so provide)

ARTICLE LCIII ? TRANSITORY PROCISIONS Effe ti%it' of t!e ,H@> Constit)tion #he +54D (onstitution tooC effect immediately upon its ratification) According to the S(, this tooC place on February ,, +54D, "hich "as the day the people cast their votes ratifying the (onstitution) 9ilitar' bases a#reements +6 ,6 ene"als of military bases agreements must be through a strict treaty) atification of the agreement in a plebiscite is necessary only "hen (ongress so re&uires) -6 Section ,0 of Article GAIII allo"s possible local deployment of only AB% I(A2 forces)