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Outline of Nachuras ConstiLaw Outline/glai

NOTES:
I.
A.
B.

C.
II.

GENERAL PRINCIPLES
Political Law, defined
Scope/Division of Political Law
1. Constitutional Law
2. Administrative Law
3. Law on Municipal Corporations
4. Law of Public Officers
5. Election Laws
Basis of the Study
THE PHILIPPINE CONSTITUTION

A.

Nature of the Constitution


1. Definition
2. Purpose
3. Classification
4. Qualities of a good written Constitution
5. Essential Parts of a good written Constitution
6. Interpretation/Construction of the Constitution

B.

Brief Constitutional History

C.

The 1987 Constitution

D.

Amendment
1.
Amendment v. Revision
a.
Lambino v. COMELEC
b.
Two-part test
2.
Constituent v. Legislative Power
3.
Steps in the amendatory process
a. Proposal
i. Congress, by a vote of of all its members
ii. Constitutional Convention
iii. People, through the power of initiative
1. On the Constitution
2. On statutes
3. On Local Legislation
b. Ratification
i. Doctrine of proper submission
1. Plebiscite may be held on the same day as
regular elections
2. Entire Constitution must be submitted for
ratification at one plebiscite only. Piece-meal
amendments not allowed.
Judicial Review of Amendments

4.
E.

III.
A.
B.

Power of Judicial Review


1.
Judicial Review
2.
Who may exercise the power
3.
Functions of judicial review
a.
Checking
b.
Legitimating
c.
Symbolic
4.
Requisites of Judicial Review/Inquiry
a.
Actual case or controversy
b.
Raised by the proper party
c.
Raised at the earliest possible
opportunity
d.
Decision must be determinative of the
case itself
5.
Effects of Declaration of Unconstitutionality, two views:
a.
Orthodox view
b.
Modern view
6.
Partial Unconstitutionality, requisites:

The Legislature must be willing to retain the valid portions, usually


shown by the presence of a separability clause

The valid portion can stand independently as law


THE PHILIPPINES AS A STATE
Definition of a State
1. Distinguished from Nation
2. Distinguished from Government
Elements of a State
1. People
2. Territory
a. The National Territory
b. Components
c. The Philippine Archipelago
d. Other territories over which the Philippines exercises
jurisdiction
e. Archipelago doctrine
3. Government
a. Defined
b. Functions
c. Doctrine of Parens Patriae
d. Classification
i. De Jure
ii. De Facto
iii. Presidential
iv. Parliamentary

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4.

C.

v.
Unitary
vi. Federal

Sovereignty
a. Defined
b. Kinds
i. Legal
ii. Internal
c. Characteristics
d. Effects of change in sovereignty
e. Effects of belligerent occupation
f.
Dominium v. Imperium
g. Jurisidiction
i. Territorial
ii. Personal
iii. Extraterritorial
State Immunity from Suit
1. Basis
2. Par in parem non habet imperium
3. Test to determine if suit against the State
4. Suits against Government Agencies
a. Incorporated
b. Unincorporated
5. Suits against Public Officers
6. Need for Consent
a. Express
i. General Law
ii. Special Law
b. Implied
i. State commences litigation
ii. State enters into a business contract
7. Scope of Consent
8. Suability not equated with outright liability

IV.
FUNDAMENTAL POWERS OF THE STATE
A. General Principles
1. Inherent Powers
- Police Power
- Eminent Domain
- Taxation
2. Similarities
3. Distinctions
4. Limitations
B. Police Power
1. Definition
2. Scope/Characteristics
3. Who may exercise the power
4. Limitations
a. Lawful subject
b. Lawful Means
5. Additional Limitations
a. Express grant by law
b. Within territorial limits
c. Not contrary to law
C. Eminent Domain
1. Definition/Scope
2. Who may exercise the power
3. Requisites for exercise
a. Necessity
b. Private Property
c. Taking in the constitutional sense
i. Valid taking
private property
for more than a momentary period
under warrant or color or authority
property for public use or otherwise
informally
appropriate
or
injuriously
affected
utilization of the property must be in such
a way as to oust the owner and deprive
him of beneficial enjoyment of the
property
d. Public use
e. Just compensation
i. Concept
ii. Judicial prerogative
iii. Need to appoint Commissioners
iv. Form of compensation
v. Withdrawal of deposit by rejecting landowner
vi. Reckoning point of market value of the property
vii. Entitlement of owner to interest
viii. Who else may be entitled to just compensation
ix. Title to the property
x. Right of landowner in case of non-payment of just
compensation
f.
Due process of law
4. Writ of Possession
5. Plaintiffs right to dismiss the complaint in eminent domain
6. Right to repurchase or re-acquire the property
7. Expropriation under Sec. 18, Art. XII
8. Expropriation under Sec. 4 and 9, Art. XIII
D. Taxation
1. Definition
2. Who may exercise

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3.

4.
5.
6.

7.
V.

Limitations on the exercise


a. Due Process
b. EPC
c. Public purpose
Dpuble Taxation
Tax Exemptions
Police Power v. Taxation
a. License fee v. Tax
b. Kinds of license fee
i. For useful occupations or enterprises
ii. For non-useful occupations or enterprises amount
may be a bit exorbitant
Supremacy of the national government over LGUs in taxation
PRINCIPLES AND STATE POLICIES

A.

Preamble
1. Does not confer rights nor impose duties
2. Indicates authorship
3. Enumerates primary aims and aspirations
4. Aids in the construction of the Constitution
B. Republicanism
1. Essential features
Representation
Renovation
2. Manifestations
a. Ours is a government of laws and not of men
b. Rule of the majority
c. Accountability of public officials
d. Bill of Rights
e. Legislature cannot pass irrepealable laws
f.
Separation of powers
i. Purpose
ii. La Bugal
iii. Not doctrinaire nor with pedantic rigor, not
independence but interdependence
iv. Principle of Blending of Powers
v. Principle of Checks and Balances
vi. Role of the Judiciary
g. Delegation of Powers
i. Potestas delegata non potest delegare
ii. Permissible delegation
1. Tariiff Powers to the President
2. Emergency Powers to the President
3. Delegation to the People
a. Referendum
b. Plebiscite
4. Delegation to LGUs
5. Delegation to Administrative Bodies
iii. Tests for valid delegation
1. Completeness Test
2. Sufficient Standard Test
C. The Incorporation Clause
1. Renunciation of War
2. Doctrine of Incorporation
a. Generally accepted principles of international law refers to
norms of general or customary international law which are
binding on all states
b. How international law becomes part of the sphere of
domestic law
i. By Transformation
ii. By Incorporation
c. When applied
d. Lex posterior derogat priori
D. Civilian Supremacy
E. Duty of Government; people to defend the State
Right to Bear Arms
F. Separation of Church and State
G. Independent foreign policy and nuclear-free Philippines
H. Just and Dynamic Social Order
I. Promotion of Social Justice
J. Respect for human dignity and human rights
K. Family and youth
L. Fundamental equality of men and women
M. Promotion of health and ecology
N. Priority to education, science, technology, etc.
O. Protection to labor
P. Self-reliant and independent economic order
Q. Land Reform
R. Indigenous cultural communities
S. Independent peoples organizations
T. Communication and information in nation-building
U. Autonomy of local government
V. Equal access of opportunities for public service
W. Honest public service and full public disclosure
VI.
A.

B.

BILL OF RIGHTS
In General
1. Definition
a. Civil Rights
b. Political Rights
Due Process of Law

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1.
2.
3.
4.

C.

D.

E.

Origin
Definition
Who are protected
Meaning of life, liberty and property
a. Life
b. Liberty
c. Property
5. Aspects of due process
a. Substantive
b. Procedural
i. An impartial court or tribunal clothed with judicial
power to hear and determine the matter before it
ii. Jurisdiction must be lawfully acquired over the
person of the defendant and over the property
which is the subject matter of the proceeding
iii. The defendant must be given an opportunity to be
heard
iv. Judgment must be rendered upon lawful hearing
6. Publication as part of due process
7. Appeal and due process
8. Preliminary investigation and due process
9. Administrative due process
Equal Protection of the Laws
1. Meaning; Persons Protected
2. Scope of Equality
a. Economic
b. Political
c. Social
3. Valid classification
a. Substantial distinctions
b. Germane to the purpose of the law
c. Not limited to existing conditions only
d. Applies equally to all members of the same class
Searches and Seizures
1. Scope of the protection
2. Some Procedural Rules
3. Only a judge may validly issue
a. Exception
b. Harvey v. Santiago
4. Requisites of a Valid Warrant
a. Probable Cause
b. Determination personally by a judge
i. Issuance of a warrant of arrest
ii. Issuance of a search warrant
c. After examination, under oath or affirmation, of the
complainant and the witnesses he may produce
d. Particularity of description
i. General warrants
ii. Warrant of Arrest
iii. Search Warrant
5. Properties subject to seizure
Subject of the offense
Stolen or embezzled property and other proceeds or fruits
of the offense
Property used or intended to be used as means for the
commission of an offense
6. Conduct of the Search
7. Warrantless Arrests
a. When the person to be arrested has committed, is actually
committing, or is attempting to commit an offense in his
presence
i. Rebel may be arrested at any time, with or without
a warrant
ii. Hot Pursuit
iii. Buy-Bust Operation is a valid in flagrante arrest
b. When an offense had just been committed and there is
probable cause to believe, based on his personal knowledge
of facts or of other circumstances, that the person to be
arrested has committed the offense
c. When the person to be arrested is a prisoner who has
escaped from a penal institution or place where he is
serving final judgment or temporarily confined while his
case is pending, or has escaped while being transferred
from one confinement to another
d. When the right is voluntarily waived
8. Warrantless Searches
a. When the right is voluntarily waived
b. Stop-and-frisk
c. Search and seizure is an incident to lawful arrest
d. Search of vessel and aircraft
e. Moving vehicles
f.
Inspection of buildings and other premises for the
enforcement of fire, sanitary and building regulations
g. Where prohibited articles are in plain view
Elements:
i. Prior valid intrusion
ii. Evidence inadvertently discovered
iii. Evidence immediately apparent
iv. Plain view justified the seizure
h. Search and seizure under exigent and emergency
circumstances
i.
Arial target zoning or Saturation Drives
9. Exclusionary Rule
Privacy of Communications and Correspondence

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1. Inviolability
2. Mantle over tangible and intangible objects
3. Zulueta v. CA
4. Waterous Drug v. NLRC
5. Exclusionary Rule
F. Freedom of Expression
1. Scope
2. Aspects
a. Freedom from censorship or prior restraint
b. Freedom from subsequent punishment
i. Libel
ii. Obscenity
iii. Criticism of official conduct
iv. Right of students to free speech in school premises
not absolute
3. Tests of valid governmental interference
a. Clear and Present Danger Rule
b. Dangerous Tendency Rule
c. Balancing of Interests Test
4. Assembly and Petition
G. Freedom of Religion
1. Two guarantees
2. Non-establishment clause
a. Exceptions
b. Scope
i. Adong v. Cheong Seng Gee
ii. Laws which punish blasphemy
iii. Islamic Dawah v. Exec. Sec.
iv. Intramural religious dispute
3. Free Exercise clause
a. Aspects of freedom of religious profession and worship
i. Right to believe
ii. Right to act according to ones belief
1. Compelling State Interest Test
2. State regulations on solicitations
H. Liberty of Abode and of Travel
1. Limitation on liberty of abode\
a. Villavicencio v. Lukban
i. Ruby v. Provincial Board
b. UDHR 13
2. Limitations on the right to travel
a. Phil. Exporters v. Drilon
b. Manotoc v. CA
I. Right to Information
1. Scope
2. Need for publication reinforces the right
3. Some cases
a. Aquino-Sarmiento v. Morato
b. Echegaray v. Sec. of Justice
c. In Re Coverage of Erap Plunder cases
i. AVR only for documentary purpose, not for live or
real-time broadcast
d. Bantay RA 7941 v. Comelec
e. Hilado v. Reyes
J. Right to form associations
1. Scope
a. Right to strike
2. Right not absolute
K. Non-impairment Clause
1. Impairment must be substantial. Law must effect change in right of
the parties with regard to each other, and not with respect to nonparties
a. Impairment
2. Limitations
a. Police Power
b. Eminent Domain
c. Taxation
3. Franchises, privileges, licenses do not come within the provision
L. Free Access to Courts
M. Miranda Doctrine
1. Source: Miranda v. Arizona
2. Rights available only during custodial investigation
a. When does it begin
b. Police Line-up
c. Not custodial investigation
d. Rights refer to testimonial compulsion only
3. What rights are available
a. Remain silent
b. Competent and independent counsel
c. Informed of such rights
d. Rights cannot be waived, except...
e. No torture, force...which vitiates free will
f.
Secret detention places...prohibited
g. Confessions/Admissions inadmissible
i. Two kinds of coerced confessions
1. Coerced confessions
2. Uncounselled statements
4. Applicability
5. Waiver
a. Must be in writing and made in the presence of counsel
b. No retroactive effect
c. Burden of proof
d. What may be waived
6. Guidelines for Arresting/Investigating Officers. Must inform person of:

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a.

In language known and understood by him, of the reason for


the arrest and he must be shown the warrant of arrest
b. right to remain silent, and any statement made may be
used against him
c. right to be assisted at all times and have the presence of
counsel
d. if he has no counsel, he shall be provided with one
e. custodial investigation only when there is counsel
f.
right to communicate or confer
g. right to waive any rights provided
h. waiver of right to a lawyer must be in writing and with
assistance of a lawyer
i.
he may indicate any manner at any time or stage of the
process that he does not wish to be questioned
j.
initial waiver does not bar him from invoking it at any time
during the process
k. any statement or evidence obtained in violation shall be
inadmissible
7. Exclusionary Rule
a. Fruit of the poisonous tree
b. Receipt of seized property inadmissible
c. Re-enactment of the crime
d. Res gestae
e. Waiver of exclusionary rule
N. Right to Bail
1.
Defined
2.
When invoked
3.
Exceptions
a.
When charged with an offense punishable by RP and
evidence of guilt is strong
b.
Traditionally, not available to military
4.
Duty of the court when accused charged with offense punishable by
RP or higher
5.
Bail is either a matter of right, or at the judges discretion, or it may
be denied
a.
Bail, a matter or right
b.
Bail, when discretionary
c.
When shall be denied
6.
Standards for fixing bail
7.
Right to bail and travel abroad
8.
Right to bail and extradition
O. Constitutional Rights of the Accused
1. Criminal Due Process
a. Mejia v. Pamaran
b. Unreasonable delay in resolving complaint
c. Impartial court or tribunal
d. Right to a hearing
e. People v. Webb
f.
Erap v. Sandiganbayan
g. Plea of guilt to a capital offense
h. State and offended party entitled to due process
2. Presumption of innocence
a. Proof against accused must survive the test of reason
b. When presumption not overcome
c. Presumption of regularity cannot, by itself, prevail over
constitutional presumption of innocence
d. Logical connection between fact proved and ultimate fact
presumed
e. Presumption may be overcome by contrary presumptions
based on experience of human conduct
f.
Ong v. Sandiganbayan
g. Circumstantial Evidence
h. Equipoise Rule
3. Right to be heard by himself and by counsel
a. The right to counsel during the trial is not subject to waiver
b. Decision of conviction set aside when appointment of
counsel was pro forma and counsel did not exert best efforts
c. Some instances when right cannot be waived
d. Preference in choice of counsel applies to person under
investigation rather to accused in criminal prosecution
e. Client bound by mistakes of lawyer, except when negligence
or incompetence of counsel is deemed so gross as to have
prejudiced the constitutional right of the accused
4. Right to be informed of the nature and cause of the accusation
against him
a. Rationale
b. Requisites
c. Void-for-vagueness rule
d. Waiver
5. Right to speedy, impartial and public trial
a. Speedy Trial
b. Impartial Trial
c. Public Trial
6. Right to meet witnesses face to face
7. Right to compulsory process to secure attendance of witnesses and
production of evidence
a. Requisites:
i. Evidence is really material
ii. Accused is not guilty of neglect in previously
obtaining the production of such evidence
iii. Evidence will be available at desired time
iv. No similar evidence can be obtained
8. Trial in absentia
a. When presence of accused mandatory

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i.
Arraignment and plea
ii. During trial for identification
iii. During promulgation of sentence, unless for a light
offense wherein accused may appear by counsel or
representative
P.

Habeas Corpus
1. Defined
2. When available
3. Procedure
4. Grounds for suspension
5. Suspension does not suspend right to bail
Q. Speedy Disposition of Cases
1. Cadalin v. POEA Administrator
2. BInay v. Sandiganbayan
a. Licaros v. Sandiganbayan
3. Tilendo v. OMB
4. Roque v. OMB
5. Abadia v. CA
6. Guerrero v. CA
R. Self-incrimination
1. Availability
2. Scope
3. Immunity
4. Waiver
S. Non-detention by reason of political beliefs or aspirations
T. Involuntary Servitude
1. Reinforced by RPC 272 PM and 10K fine to anyone who shall
purchase, sell, kidnap or detain human being for the purpose of
enslaving him
2. Exceptions
- punishment for a crime whereof one has been duly convicted
- service in defense of the State
- naval enlistment
- posse comitatus
- return to work order in industries affected with public interest
- patria potestas
U. Prohibited Punishments
1. Mere severity does not constitute cruel or unusual punishment
2. Death penalty is not a cruel or unusual punishment
a. Plea of guilt in capital offenses
3. Automatic review
V. Non-imprisonment for Debt
1. Serafin v. Lindayag
2. Lozano v. Martinez
3. People v. Judge Nitafan
W. Double Jeopardy
1. Requisites
a. Valid complaint or information
b. Filed before a competent court
c. To which the defendant had pleaded
i. When the accused, after pleading guilty, testified
to prove MC, the testimony had the effect of
vacating his plea of guilty
d. Defendant was previously acquitted or convicted, or the
case dismissed or otherwise terminated without his express
consent
i. Mere filing of two informations or complaints
charging the same offense does not yet place the
accused in double jeopardy
ii. No double jeopardy where the accused was
sentenced to plea bargaining approved by the
court but without the consent of the fiscal. (fiscal
consent necessary)
iii. Promulgation of only one part of the decision is not
a bar to the promulgation of the other part
iv. Dismissal of action
Permanent dismissal
Provisional dismissal
1. When the ground for the motion to dismiss is
insufficiency of evidence
2. When the proceedings have been unreasonably
prolonged as to violate the right of the accused
to speedy trial
v. Revival of criminal cases provisionally dismissed
vi. Appeal by the prosecution
1. Three relate protections provided by DJ
a. Against a second prosecution for
the same offense after acquittal
b. --- after conviction
c. Against multiple punishments for
the same offense
2. After trial on the merits, an acquittal is
immediately
final
and
cannot
be
appealed. The only exception; mistrial
resulting in denial of due process
3. Court acted without JD when it dismissed
the case merely because none of the
witnesses notified by the court appeared
during pre-trial
vii.
Discharge of co-accused
viii.
Where the judge amended her decision of
acquittal because she overlooked the
testimony of a witness, the amended
decision is void

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4.
5.

X.

VII.
A.

B.

C.

D.

Crimes Covered
Doctrine of supervening event
a. Not a bar when:
- graver offense developed due to supervening facts arising
from the same act or omission
- the facts constituting the graver offense arose or were
discovered only after the filing of the former complaint or
information
- the plea of guilty to a lesser offense was made without the
consent of the fiscal or the offended party
Ex-Post Facto Law and Bill of Attainder
1.
Ex Post Facto Law
a. Kinds
i.
Makes criminal action done before the passage
of the law and which was innocent when done,
and punishes such action
ii.
Aggravates a crime, makes it greater than it was
when committed
iii.
Changes punishment and inflicts greater
punishment
iv.
Alters legal rules of evidence and receives less or
different testimony than the law required at the
time of commission of the offense in order to
convict
v.
Assuming to regulate civil rights, imposes a
penalty or deprivation of right for something
which when done was lawful
vi.
Deprives accused of a crime of some lawful
protection to which they have become entitled,
such as the protection of a former conviction or
acquittal, or of a proclamation of amnesty
b. Characteristics
i.
Refers to criminal matters
ii.
Retroactive, and
iii.
Prejudices the accused
c. Some Cases
2.
Bill of Attainder
a. Defined legislative act that inflicts punishment without trial
b. Characteristics substitutes legislative fiat for a judicial
determination of guilt

Anti-Subversion Act is not a Bill of Attainder because it does not


specify the Communist Party or its members for the purpose of
punishment, it simply declares the party to be an organized
conspiracy to overthrow the government
CITIZENSHIP
General Principles
1. Defined
2. Usual modes of acquiring citizenship
3. Modes (by birth) applied in the Philippines
a. Before 1935 Constitution
i. Jus Sanguinis
ii. Jus soli
b. After 1935 Constitution
i. Jus sanguinis
4. Natural-born citizens
5. Marriage by Filipino to an alien
6. Policy against dual allegiance
7. Attack on ones citizenship may be made only through a direct
proceeding
8. Res judicata in citizenship cases
Citizens of the Philippines
1. Those citizens of the Philippines at the time of the 1987 Constitution
a. Valles v. COMELEC
b. Roa doctrine
c. Caram provision
2. Those whose mothers or fathers are citizens of the Philippines
3. Those born before Jan. 17, 1973, of Filipino mothers, who elect
Philippine citizenship upon reaching the age of majority
a. Procedure for election
b. When to elect
c. Cu v. RP
d. Villahermosa v. Commissioner of Immigration
e. RP v. Chule Lim
4. Those naturalized in accordance with law
Naturalization
1. Modes of naturalization
a. Direct
b. Derivative
2. Doctrine of indelible allegiance
3. Direct naturalization under Philippine laws
4. Naturalization under CA 473
a. Qualifications
b. Disqualifications
c. Procedure
d. Effects of Naturalization
e. Denaturalization
5. Naturalization by direct legislative action
6. Administrative Naturalization
Loss and Reacquisition of Philippine Citizenship (CA 63)
1. Loss of citizenship
a. By naturalization in a foreign country

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b.
c.
d.

2.

By express renunciation of citizenship


By subscribing to an oath of allegiance
By rendering service to or accepting commission in the
armed forces of a foreign country
e. By cancellation of the certificate of naturalization
f.
By having been declared by competent authority a deserter
of the Philippine armed forces in time of war
Reacquisition of citizenship
a. Taking oath or allegiance
b. By naturalization
c. By repatriation
d. By direct act of Congress

VIII. THE LEGISLATIVE DEPARTMENT


A.

The Legislative Power


1. Definition
2. Where Vested
a. Congress to provide a system of initiative and referendum
i. Enabling Act
1. Initiative and Referendum defined
2. Prohibited measures
3. Local Initiative
4. Limitations on Local Initiative
B. Congress
1. Composition
2. Bicameralism v. Unicameralism
C. Senate
1. Composition
2. Qualifications
3. Term of Office
a. Limitation
D. House of Representatives
1. Composition
a. District representatives
b. Party-list representatives
c. Sectoral representatives
2. Apportionment of legislative districts
a. Inhabitants
b. Territory
c. Reapportionment
i. Mariano v. Comelec
Tobias v. Abalos
ii. Montejo v. Comelec
iii. Sema v. Comelec
3. Qualifications
a. IRM v. Comelec
b. Aquino v. Comelec
c. Coquilla v. Comelec
4. Term of Office
5. The Part-List System
a. Definition of Terms
i. Party
ii. Political party
iii. Sectoral party
iv. Sectoral organization
v. Coalition
b. Registration; Manifestation to participate
c. Refusal and/or Cancellation of Registration
d. Nomination of Representatives
e. Qualifications of Nominees
f.
Manner of Voting
i. Bantay RA v. Comelec
g. Number
i. Veterans v. Comelec
1. PM and Butil v. Comelec
ii. Ang Bagong Bayani v. Comelec
h. Choosing a Representative
i.
Effect of change of affiliation
j.
Vacancy
k. Term of office; rights
E. Election
1.
Regular
2.
Special
F. Salaries
G. Privileges
1. Freedom from arrest
a. RPC 145
b. People v. Jalosjos
c. Trillanes v. Pimentel
2. Privilege of speech and debate
a. Osmena v. Pendatun
H. Disqualifications
1. Incompatible office
2. Forbidden office
I. Other inhibitions
1. Appearing personally as counsel
2. Full disclosure
J. Sessions
1. Regular
2. Special
3. Joint
a. Voting separately

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10

i.
Choosing the president
ii. Determine presidents disability
iii. Confirming nomination of the VP
iv. Declaring existence of a state of war
v. Proposing constitutional amendments
b. Voting jointly
4. Adjournment
K. Officers
L. Quorum
M. Rules of Proceedings
N. Discipline of members
O. Records and books of accounts
P. Legislative Journal and the Congressional Record
1. Entered in the journal
2. Enrolled Bill Theory
Q. Electoral Tribunals
1. Composition
a. HRET
b. SET
c. Doctrine of Primary Jurisdiction
2. Power
a. Sampayan v. Daza
b. Vinzons-Chato v. Comelec
c. ET independent of the Houses. Its decisions may not be
reviewed by the SC, except when there is grave abuse of
discretion
R. Commission on Appointments
1. Composition
2. Powers
S. Powers of Congress
1. General/Plenary legislative power
2. Appropriation
3. Taxation
4. Legislative Investigation
5. Question Hour
6. War Powers
7. Act as Board of Canvassers in Election of President
8. Call special election for President and VP
9. Judge presidents physical fitnessto discharge the functions of the
Presidency
10. Revoke or extend suspension of the privilege of WHC or declaration
of martial law
11. Concur in Presidential amnesties.
12. Concur in treaties or international agreements
13. Confirm appointments/nominations made by the President
14. Impeachment
15. Relative to natural resources
16. Propose amendments to the Constitution
IX. THE EXECUTIVE DEPARTMENT
A.

The President
1. Qualifications
2. Election
a. Regular
b. Congress as canvassing board
i. Overseas Absentee Voting Act
ii. Lopez v. Senate: Congress may delegate initial
determination of authenticity and due execution of
certificates of canvass to a Joint Congressional
Committee
iii. Pimentel v. Joint Committee
iv. Brillantes v. COMELEC
c. Supreme Court as PET
3. Term of Office
4. Oath of Office
5. Privileges
a. Official Residence
b. Salary
c. Immunity from Suit
i. Estrada v. Desierto
ii. Gloria v. CA
d. Executive Privilege
i. Senate v. Ermita
ii. Neri
e. Prohibitions/Inhibitions
6. Prohibitions/Inhibitions
a. Shall not receive any other emoluments from the
government or any other source
i. Republic v. Sandiganbayan
b. Unless provided in the Constitution, shall not hold any other
office or employment
c. Not directly or indirectly practice any other profession,
participate in business, or be financially interested in any
contract/franchise/privilege granted by government
d. Avoid conflict of interest
e. Not appoint spouse or relatives by consanguinity or affinity
within the fourth civil degree.
7. Rules on Successions
a. Vacancy at the beginning of the term
i. Death or permanent disability
ii. Fails to qualify
iii. Not chosen

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NOTES:

B.
C.

11

iv.
Senate President, then Speaker, then Congress-chosen
succeeds
b. Vacancy during term
i. Death, permanent disability, removal from office,
resignation of President
1. Erap v. GMA:
ii. Death, permanent disability, removal from office,
resignation of President and VP
c. Temporary disability
d. Constitutional duty of Congress in case of vacancy in the
offices of President and Vice-President
8. Removal of the President BY impeachment
The Vice-President
1.
Qualifications, election, term of office, removal
2.
Vacancy in the office of the Vice-President
Powers of the President
1.
The Executive Power
a.
NEA v. CA:
b.
Authority to reorganize the OP
c.
Executive power vested in the President
d.
Malaria Employees v. Romulo
e.
Not for the President to determine the validity of a law
2.
Power of Appointment
a.
Appointment
b.
Appointments, classified
i.
Permanent or Temporary
i.a. Valencia v. Peralta
i.b. Binamira v. Garrucho
ii.
Regular or ad interim
ii.a. PLM v. IAC
ii.b. Matibag v. Benipayo
c.
Officials appointed by President
i.
President shall nominate, with Commission on
Appointments
Heads of executive departments
Ambassadors, other public ministers and
consuls
Officers of armed forces from colonel to navy
captain
Those whose appointment vested by the
Constitution
i.a. Sarmiento v. Mison:
ii.b. Spriano v. Lista
ii.
President shall appoint
All other appointments not provided by law
Authorized to appoint
ii.a. Bautista v. Salonga:
ii.b. Tarrosa v. Singson:
ii.c. Rufino v. Endriga:
d.
Steps in the appointing process

Nomination by the President

Confirmation by the CoApp

Issuance of the commission

Acceptance by the appointee


e.
Discretion of Appointing Authority
Pimentel v. Ermita
f.
Special Constitutional Limitations on the Presidents
appointment power

May not appoint spouse and 4dra/c as ConComm


member, OMB, Usec, Bureau/Office chair/heads,
including GOCCs

Appointments by acting President ineffective


unless revoked by President-elect within 90 days
from assumption of office

2 months before next presidential election,


President shall not appoint, except temporary
appointments to executive positions where
continued vacancies will prejudice public service or
endanger safety
De Rama v. CA
In Re Mateo Valenzuela
g.
Power of Removal
ii. CSC members appointed by President may be directly
disciplined by him
iii. Cabinet members may be replaced any time, term
expired
3.
Power of Control
a. Control
i. Malaria Employees v. Romulo
b. Alter-ego principle
i. Lacson-Magallanes v. Pano
ii. DENR v. DENR Region 12
iii. Gloria v. CA
c. Appeal
d. Power exercised over acts, not actors
e. SBMA under OP
f. Control of Justice Secretary over prosecutors
g. General supervision over LGUs
Judge Dadole v. COA
Drilon v. Lim
Pimentel v. Aguirre
4.
Military Powers
a. Commander-in-chief clause

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12

i. Gudani v. Senga
ii. Call out armed forces to prevent or suppress lawless violence,
invasion or rebellion
iii. Organize courts martial for the discipline of AFP members,
create military commissions for the punishment of war criminals
Olaguer v. Military Commission
Navales v. General Abaya
Gudani v. Senga
b. Suspension of privilege of writ of habeas corpus
i. Grounds
ii. Duration
iii. Duty of President
iv. Congress may revoke or extend effectivity of proclamation by
majority vote, voting jointly
v. Supreme Court may review
vi. Not impair right to bail
vii. Applies only to persons judicially charged for rebellion or
offenses inherent or directly connected with invasion
viii. During suspension of writ, any person thus arrested/detained
shall be judicially charged within 3 days, otherwise, he shall
be released
c. Martial Law
Constitutional limitations same as suspension of PWHC
5. Pardoning Power
a. Definitions
i. Pardon
ii. Commutation
iii. Reprieve
iv. Parole
v. Amnesty
b. Exercise by the President
c. Limitations on exercise
i. Cannot be granted in cases of impeachment
ii. Cannot be granted in cases of violation of election
laws without favorable recommendation of the
COMELEC
iii. Can be granted only after conviction by final
judgment
iv. Cannot be granted in cases of legislative contempt
or civil contempt
v. Cannot absolve the convict of civil liability
vi. Cannot restore public offices forfeited
d. Pardon, classified
i. Plenary or partial
ii. Absolute or conditional
Conditional pardon is a contract between
the Chief Executive and the convicted
criminal
e. Amnesty
i. People v. Patriarca
ii. Vera v. People
iii. People v. Casido
6. Borrowing Power
7. Diplomatic Power
a. Commissioner of Customs v. Eastern Sea Trading
b. Bayan v. Executive Secretary
8. Budgetary Power
9. Informing Power
10. Other Powers
a. Call Congress to a special session
b. Power to approve or veto bills
c. Consent to deputation of government personnel by the
COMELEC
d. Discipline such deputies
e. By delegation from Congress, emergency powers
f.
General supervision over LGUs and autonomous regional
governments
X. JUDICIAL DEPARTMENT
A.

B.

The Judicial Power


1. Defined
a.
Political question outside the territory of courts
b.
Tocao v. CA
c.
De Leon v. CA
2. Where Vested
3. Jurisdiction
a.
Congress has the power to define, prescribe, and apportion
the jurisdiction of various courts, but may not deprive the
SC of its JD over cases enumerated in Art. 8, Sec. 5
b.
No law shall be passed increasing the appellated jD of the
SC as provided in the Constitution without its advice and
concurrence
Constitutional Safeguards to Insure Independence of the
Judiciary
1. SC is a constitutional body; it may not be abolished by the
legislature
2. SC members removable only by impeachment
3. SC may not be deprived of its minimum original and appellate JD;
appellate JD may not be increased without advice and concurrence
4. SC has administrative supervision over all inferior courts and
personnel

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NOTES:

C.
D.

E.

F.
G.
H.

13

5. SC has exclusive power to discipline judges and justices of inferior


courts
6. Judiciary members have security of tenure
7. Members of the Judiciary may not be designated to any agency
performing quasi-judicial or administrative functions
8. Salaries of judges may not be reduced; the Judiciary enjoys fiscal
autonomy
Fiscal autonomy contemplates a guarantee of flexibility
to allocate and utilize their resources. DBM cannot downgrade
the positions and salary grades of two positions in the PhilJA.
9. Only the SC may initiate and promulgate the ROC
10. Only the SC may order temporary detail of judges
11. The SC can appoint all officials and employees of the Judiciary
The Power of Judicial Review/Inquiry
Appointment to the Judiciary
1. Qualifications
a. Supreme Court
b. Lower Collegiate Courts
c. Lower Courts
2. Procedure for Appointment
a. Appointed by the President from a list of at least 3 nominees
prepared by the JBC for every vacancy; appointment does not
need confirmation
b. Vacancy in the SC to be filled within 90 days from occurence
thereof
c. For lower courts, President shall issue appointment within 90
days from submission by the JBC from such list.
Midnight appointment prohibition applies.
3. The Judicial and Bar Council
a. Composition
i. Ex-officio members: CJ as Chair, Justice Secretary,
representative from Congress
ii. Regular members: IBP representative, Law professor,
retired SC justice, private sector representative
iii. Secretary ex-officio: SC clerk
b. Appointment: Regular members appointed by the President
for a term of 4 years, with CoApp consent. SC determines
emoluments.
c. Powers/Functions: Recommend appointees to the Judiciary.
Those assigned by the SC
The Supreme Court
1. Composition
2. En Banc/Division Cases
a. En banc
b. Division
3. Powers
a. Original jurisdiction
b. Appellate jurisdiction
c. Temporary assignment of judges
d. Order change of venue
e. Rule-making power
f. Power of Appointment
g. Power of Administrative Supervision
h. Annual Report
4. Consultations/SC Decisions
a. Conclusions submitted for decision shall be reached in
consultation before the case is assigned to a member for
writing the opinion. Certification to this effect issued by CJ.
Reqt applicable to lower collegiate courts.
b. Decision shall state clearly and distinctly the facts and the
law on which it is based
c. No petition for review or MR shall be refused due course or
denied without stating the legal basis therefor
Tenure of Judges/Justices
1. Supreme Court
2. Lower Courts
Salaries
Periods for Decision
1. All cases filed after the effectivity of the Constitution must be
decided or resolved, from date of submission, within:
SC 24 months
Lower collegiate courts 12 months
Lower courts 3 months
In the last 2, SC may reduce + certification stating
reason for delay
2. Despite expiration of the mandatory period, the court, without
prejudice to such responsibility as may have been incurred in
consequence thereof, shall decide or resolve the case or matter
submitted to it without further delay
3. Period merely directory, being procedural in nature

XI. CONSTITUTIONAL COMMISSIONS


A.

General Provisions
1. The independent constitutional commissions are the CSC, COMELEC
and COA
2. Safeguards insuring the independence of the Commissions
a. They are constitutionally creates; may not be abolished by
statute
b. Independent
c. Conferred certain powers and functions which cannot be
reduced by statute

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NOTES:
d.

B.

14

Chairmen and members cannot be removed, except by


impeachment
e. Chairmen and members given 7 year-terms
f.
Chairmen and members may not be reappointed or
appointed in an acting capacity
i. When an ad interim appointment is not confirmed,
another ad interim appointment may be extended
to the appointee without violating the Constitution
g. Salaries of the chair and members are relatively high and
may not be decreased during office
h. Commissions enjoy fiscal autonomy
i.
Congress is not prohibited from reducing the appropriations
of the ConComs below the amount appropriated for them for
the previous year
j.
May promulgate own procedural rules, provided, they do not
diminish, increase or modify substantive rights
k. Chair and members subject to certain disqualifications
calculated to strengthen their integrity
l.
May appoint their own officials and employees in
accordance with Civil Service Law
3. Inhibitions/Disqualifications
a. Not hold any other office or employment during tenure
b. Not engage in the practice of any profession
c. Not engage in the active management or control of any
business which in any way may be affected by the functions
of his office
d. Not be financially interested in any contract with or in any
franchise or privilege granted by the Government, any of its
subdivisions, agencies or instrumentalities, including GOCCs
or their subsidiaries
4. Rotational Scheme of Appointments
First appointees to serve 7,5,3 years resp. to prevent the possibility
of one President appointing all the Commissioners.
Two conditions:
i. Terms if the first Commissioners should start on a
common date
ii. Any vacancy due to death, disability or recognition
before the expiration of the term should be filled
only for the unexpired balance of the term
5. Decisions
a. Majority vote, within 60 days from the date of submission
for decision or resolution
i. All members, not limited to those who participated
in the deliberations and voted therein
ii. When Commissioners who participated in the
deliberations retired before promulgation, their
votes shall be considered withdrawn.
iii. 60-day period; framers did not intend overly strict
adherence
b. Any decision, order or ruling of each Commission may be
brought to the SC on certiorari within 30 days from receipt
of copy
i. When SC reviews Comelec decision ~ extraordinary
JD; proceeding limited to grave abuse; Rule 65 is
the proper remedy
ii. Only when COA acts without or in excess of JD, or
with grave abuse of discretion amounting to lack or
excess of JD< may the court entertain a petition for
certiorari under Rule 65
iii. Final resolutions of the CSC shall be appealable by
certiorari to the CA within 15 days from the receipt
of a copy thereof. From the CA, 45 to SC.
6. Enforcement of Decision
Final decisions of the CSC are enforceable by a writ of execution that
the CSC may itself issue.
The Civil Service Commission
1. Composition
Chair + 2 Commissioners
- natural-born
- 35 yo at time of appointment
- proven capacity for pubad
- not a candidate for any elective position in the immediately
preceding election
Appointed with the consent of the CoApp for 7 years without
reappointment.
2. Constitutional Objectives/Functions
- Central personnel agency
- Power to hear and decide admin cases instituted before it directly
or on appeal, including contested appointments
- CSC has original JD to hear and decide a complaint for cheating in
the CS exams it gave
- decisions of lower level officials appealed to agency head, then to
CSC. RTC NO JD over personnel actions
3. Scope all BISA of the Govt, inc. GOCCs with original charters
(chartered by special law)
4. Classes of Service
a. Career Service entrance based on merit, or on highly
techinical qualifications; opportunity for advancement to
higher positions; security of tenure

Open career positions qualification from exam

Closed career positions scientific or highly techinical

Career Executive Service Usec, Bureau directors

Career Officers appointed by the President

AFP

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NOTES:

C.

15

Personnel of GOCCs with original charters


Permanent laborers
i. Career Executive Service
ii. Security of Tenure in CES, requisites:
1. CES eligibility
2. Appointment to the appropriate rank
* A CES officer may be transferred or
reassigned from one position to another
without losing his rank which follows him
b. Non-Career Service based on other than usual tests;
tenure limited to period specified by law, or coterminus

Elective officials, their personal and confidential staff

Department heads, cabinet rank and their personal and confidential


staff

Chair and members of Commissions with fixed term of office and


their personal and confidential staff

Contractual personnel

Emergency and seasonal personnel


CSC empowered to declare positions in the Civil Service as primarily
confidential
5. Appointments in the Civil Service merit + competitive exams (xc.
Policy determining, primarily confidential [proximity rule; close
intimate relationship which ensures freedom of discussion], or highly
technical positions as determined by the nature of the position)
GR: A permanent appointment can issue only to a person who
possesses all the requirements
XC: Where appointed merely in a temporary capacity
for a period of 12 months to prevent a hiatus
6. Disqualifications
- Loser, 1 year after elections
- Elective official
- City Mayor cannot be appointed Administrator of SBMA
- Appointive officials, any other office in the Govt...
7. Security of Tenure
GR: No officer or employee of the civil service shall be removed or
suspended except for cause provided by law
a. Non-compliance with the Civil Service Law constitutes denial
of the right to security of tenure
i. Presidential appointee under direct disciplinary of
the President
ii. Uncontested transfer resulting in demotion in rank
or salary is a violation of the security of tenure
iii. Illegally dismissed employee ordered reinstated
considered not having left his office entitled to
backwages
1. XC where reinstatement was not a result
of exoneration but of liberality
2. Payment of backwages during suspension
of a civil servant who is subsequently
reinstated only awarded when he is found
innocent and the suspension is unjustified
iv. Security of tenure in Career Executive Service
pertains only to rank, not to position
b. Valid abolition of office does not violate security of tenure
i. Reorganization does not necessarily result in
abolition of the office, and does not justify the
replacement of permanent officers and employees
c. A career service officer unlawfully ousted from office only
has 1 year to file an action in court to recover his office
(otherwise, right prescribes)
d. Summary dismissal under Civil Service Law:
- repealed
e. Appellate JD of CSC
- Merit System Protection Boardss decision in administrative
disciplinary cases involving imposition of suspension, fine,
demotion, transfer, removal or dismissal --- NOT over MSPB
decisions exonerating the respondent
- can be made only by the party affected by the MSPB
decision
f.
GR: He who, while occupying one office, accepts an
incompatible office, ipso fact vacates the firt office and his
title is terminated without any other act of proceeding
i. Canonizado v. Aguirre: Removal by virtue of a
constitutionally infirm act negates a finding of
voluntary relinquishment
8. Partisan Political Activity
a. Applies also to military
b. Exempt: Cabinet members, public officers and employees
holding political offices
9. Right to Self-Organization
a. Government employees not allowed to strike
10. Protection to Temporary Employees
11. Standardization of Compensation fixed by Congress
12. Double Compensation
13. Oath of Allegiance
The COMELEC
1. Composition
a. Composition
b. En banc and division cases
i. Cases heard and decided indivision:
ii. Exceptions
iii. In election cases, Comelec division should hear
first, provided exercises its adjudicatory or quasijudicial functions

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NOTES:

2.

16

iv.
Comelec decisions reviewable by SC
c. Comelec en banc promulgates rules concerning pleadings
and practice before it or any of its offices, but may not
diminish, increase or modify substantive rights
Constitutional powers and functions
a. Enforce and administer all laws and regulations relative tot
he conduct of an election, plebescite, initiative, referendum
or recall
i. Definitions
1. Initiative
2. Referendum
3. Recall
4. Plebescite
ii. Broad powers
iii. Regulatory power
iv. No pardon, amnesty, parole for violation of election
laws granted by President without Comelec
recommendation
v. Comelec cannot exercise power of apportionment
vi. Power to declare failure of elections
vii. Petition to declare failure of elections, reqts:
1. No voting taken place in the precinct on
the date fixed by law, or even if there was
voting, election resulted in failure to elect,
and
2. Votes cast would not affect the results of
the election
viii. Comelec unauthorized to make an unofficial quick
count of presidential election results
b. Exclusive original JD over all contests relating to the
election, returns, qualifications of all elective regional,
provincial, city officials. Exclusive appellate JD over all
contests involving elective municipal officials decided by the
RTC, or involving brgy. Officials decided by the MTC, and
decisions therein shall be final, executory and unappealable.
i. Exclusive JD over pre-proclamation cases. JD of the
Electoral Tribunal is exercised over members of
House or Senate, and a party to the election
controversy is a member of the House or Senate
only after he has been proclaimed, has taken his
oath and assumed the functions of the office.
ii. Comelec is without the power to partially or totally
annul a proclamation or to suspend the effects of a
proclamation without notice and hearing
iii. Comelec has power to issue writs of prohibition,
mandamus and certiorari in the exercise of its
exclusive appellate JD
iv. RTCs and MTCs cannot have JD over electoral cases
involving elective brgy. Officials
1. Appeal to Comelec from RTC must be filed
within 5 days from receipt of decision. MR
of RTC prohibited.
2. Filing Notice of Appeal not enough, appeal
fee must be paid to the Comelec. If fee
not paid, Comelec can dismiss outright or
wait for fee to be paid and give petition
due course
3. Comelec has authority to suspend
reglementary periods provided by its rules
v. Comelec cannot deprive RTC of its competence to
order execution of judgment pending appeal
1. RTC may grant motion for execution
pending appeal when there are valid and
special reasons like:
public
interest/wil
l
of
electorate
- shortness of the remaining term
- length of time that election contest
has been pending
2. However, provision that allows execution
pending appeal must be strictly construed
against the movant.
3. Motion should be filed before expiration of
the period for appeal
vi. Comelec has power to cite for contempt, but the
power may be exercised only while it is engaged in
the performance of quasi-judicial functions
vii. SC has power to review appellate final (not
interlocutory) decisions of the Comelec
c. Decide, save those involving the right to vote, all questions
affecting elections, including determination of the number
and location of polling places, appointment of election
officials and inspectors, and registration of voters
i. Changes in the location of polling places may be
initiated by written petition of majority of the
voters or by agreement of political parties, but
Comelec has final say
ii. Comelec may decide a question involving the right
to vote, but its decision shall be subject to judicial
review
iii. Decisions/determinations made by Comelec in the
exercise of its administrative power may be

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NOTES:

3.

17

questioned in ordinary civil action before trial


courts
d. Deputize, with the concurrence of the President, law
enforcement agencies and instrumentalities for the
exclusive purpose of ensuring free, orderly, honest, peaceful
and credible elections
- May recommend to the President the removal of any
officer it has deputized, or the imposition of any other
sanction, for disobedience, violation or disregard of its
orders
e. Register, after sufficient publication, political parties,
organizations or coalitions which must present their
platform or program of government, accredit citizens arms
i. Definitions
1. Political Party organized group of citizens
advocating an ideology or platform,
principles and policies for the general
conduct of government
a. National party
b. Regional party
c. Sectoral party
2. Sectoral organization group of citizens
who share similar physical attributes or
characteristics, employment, interests or
concerns
3. Coalition aggrupation of duly-registered
national, regional, sectoral parties or
organizations for political and or election
purpose
ii. Groups which cannot be registered
1. Religious denominations or sects
2. Those who seek to achieve their goals
through violent or unlawful means
3. Those who refuse to uphold and adhere to
the Constitution
4. Those supported by foreign governments
iii. Grounds for cancellation of registration
1. (1) to (4) above
2. It is a foreign party or organization
3. It violates or fails to comply with laws,
rules and regulations relating to elections
4. Declares untruthful statements in its
petition
5. Has ceased to exist for at least one year
6. Fails to participate in the last 2 preceding
elections, or fails to obtain at least 2% of
votes cast under the party-list system in
the 2 preceding elections
iv. Ang Bagong Bayani guidelines for registration
1. The party must represent a marginalized
or underrepresented sector or group
identified in Sec. 5 of RA 7941
2. Major political parties must comply with
the declared statutory policy of enabling
Filipino citizens belonging to marginalized
and underrepresented sectors to be
elected to the House
3. Religious sector may not be represented
4. Party not disqualified under Sec. 6 of RA
7941
5. Party must not be an adjunct of, or a
project organized, or entity funded by the
Government
6. Party and its nominees must comply with
the requirements of the law
7. Nominees must represent marginalized
and underrepresented
8. Nominee must be able to contribute to the
formulation and enactment of appropriate
legislation which will benefit the nation
f.
File, upon a verified complaint, or on its own initiative,
petitions in court for the inclusion or exclusion of voters;
investigate and, where appropriate, prosecute cases of
violations of election laws
i. Comelec may delegate to Provincial Fiscal the
investigation and prosecution of violations f
election laws
ii. Power includes authority to decide whether or not
to appeal the dismissal of a criminal case by the
trial court
g. Recommend to Congress effective measures to minimize
election spending, including limitation of places where
propaganda materials shall be posted, and to prevent and
penalize all forms of election frauds, offenses, malpractice
and nuisance candidates
h. Submit to the President and Congress a comprehensive
report on the conduct of election, plebiscite, initiative,
referendum or recall
Statutory powers
a. Exercise supervision and control over officials required to
perform duties relative to the conduct of elections
b. Promulgate rules and regulations
c. Punish contempt
d. Inquire into financial records of candidates, groups

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NOTES:
e.
f.
g.
h.
i.

D.

18

Prescribe forms to be used in elections


Procure supplies and materials needed fo rthe elections
Enlist non-partisan groups to assist it
Fix periods for pre-election requirements
Declare failure of election; call for special elections
i. Sitting en banc, majority vote
ii. Motu propio or upon verified petition
iii. Summary hearing
4. Party System
5. Election Period commences 90 days before the election and ends
30 days thereafter, unless otherwise fixed by the Comelec in special
cases
6. Judicial Review of Comelec decisions to SC via 65, 30 days from
receipt of final order, ruling or decision of Comelec en banc
The COA
1. Composition/Appointment
a. Chair + 2 Commissioners. Natural-born. 35 yo. CPAs with
not less than 10 years of auditing experience of members of
the Philippine bar with at least 10 years practice of law. Not
candidates in the election preceding.
b. Appointed by the President with consent of the CoApp
c. Term of 7 years without reappointment
2. Powers and Duties
a. Examine, audit and settle all accounts pertaining to the
revenue and receipts of, and expenditures or uses of funds
and property owed and held in trust or pertaining to the
Government
b. Keep general accounts of the Government, and preserve
vouchers and supporting papers for such period provided by
law
c. Authority to define the scope of its audit and examination,
establish techniques and methods required thereof
d. Promulgate accounting and auditing rules and regulations,
including those for the prevention and disallowance of
irregular,
unnecessary,
expensive,
extravagant
or
unconscionable expenditures or uses of government funds
or property
3. Jurisdiction government entity or investment of public funds