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Enumeration (100)

1. There are three (3) systems of initiative:

a. Initiative on the Constitution which refers to a petition proposing


amendments to the Constitution;
b. Initiative on statutes which refers to a petition proposing to enact a
national legislation; and

c. Initiative on local legislation which refers to a petition proposing to enact a


regional, provincial, city, municipal, or barangay law, resolution or ordinance.

2. Who are citizens (Art IV)


Section 1. The following are citizens of the Philippines:
1. Those who are citizens of the Philippines at the time of the adoption of this
Constitution;
2. Those whose fathers or mothers are citizens of the Philippines;
3. Those born before January 17, 1973, of Filipino mothers, who elect
Philippine Citizenship upon reaching the age of majority; and1
4. Those who are naturalized in the accordance with law.

3. first categorical enumeration of who were Spanish citizens. -


(a) Persons born in Spanish territory,
(b) Children of a Spanish father or mother, even if they were born outside of
Spain,
(c) Foreigners who have obtained naturalization papers,
(d) Those who, without such papers, may have become domiciled inhabitants
of any town of the Monarchy.

4. Res judicata may be applied in cases of citizenship only if the following


concur:
1. a persons citizenship must be raised as a material issue in a controversy
where said person is a party;
2. the Solicitor General or his authorized representative took active part in
the resolution thereof; and
3. the finding or citizenship is affirmed by the Supreme Court.

5. The statutory formalities of electing Philippine citizenship are:


(1) a statement of election under oath;
(2) an oath of allegiance to the Constitution and Government of the
Philippines; and
(3) registration of the statement of election and of the oath with the nearest
civil registry.

6. What offices under the Constitution require the official to be Natural


Born?
(1) president
(2) vice president
(3) members of congress
(4)justices of the Supreme Court & the lower courts
(5) Ombudsman and his deputies
(6) Constitutional Commission Members
(7) Central Monetary Authority Members
(8) Commission on Human Rights Members
7. Under RA 9139, Aliens born and residing in the Philippines may be granted
Philippine citizenship by administrative proceedings subject to certain
requirements dictated by national security and interest.

Qualifications. -
(a) The applicant must be born in the Philippines and residing therein since
birth;
(b) The applicant must not be less than eighteen (18) years of age, at the
time of filing of his/her petition;
(c) The applicant must be of good moral character and believes in the
underlying principles of the Constitution, and must have conducted
himself/herself in a proper and irreproachable manner during his/her entire
period of residence in the Philippines in his relation with the duly constituted
government as well as with the community in which he/she is living;
(d) The applicant must have received his/her primary and secondary
education in any public school or private educational institution duly
recognized by the Department of Education, where Philippine history,
government and civics are taught and prescribed as part of the school
curriculum and where enrollment is not limited to any race or nationality:
Provided, That should he/she have minor children of school age, he/she must
have enrolled them in similar schools;
(e) The applicant must have a known trade, business, profession or lawful
occupation, from which he/she derives income sufficient for his/her support
and if he/she is married and/or has dependents, also that of his/her family:
Provided, however, That this shall not apply to applicants who are college
degree holders but are unable to practice their profession because they are
disqualified to do so by reason of their citizenship;
(f) The applicant must be able to read, write and speak Filipino or any of the
dialects of the Philippines; and
(g) The applicant must have mingled with the Filipinos and evinced a sincere
desire to learn and embrace the customs, traditions and ideals of the Filipino
people.

8. QUALIFICATIONS to become a citizen of the Philippines by naturalization:


a. AGE - He must be of majority age on the day of the hearing of the petition
b. RESIDENCE - He must have resided in the Philippines for a continuous
period of not less than ten years;
c. CHARACTER: good moral character and the usual disqualifications as
provided for by law.
d. PROPERTY: real estate in the Philippines worth not less than five thousand
pesos, or lucrative trade, profession, or lawful occupation;
e. EDUCATION: education requirement is not with respect to the petitioner
alone, but also to his minor children. With respect to the petitioner, it only
refers to the language requirement, that he must have known and spoken
any of the Philippine languages. With respect to the children, they must have
to study in Philippine schools, not solely for the foreigners and for the grade
schools must teach Phil. government and Constitution.

9. How citizenship may be lost.-- A Filipino citizen may lose his citizenship in
any of the following ways and/or events:
(1) By naturalization in a foreign country;
(2) By express renunciation of citizenship or expatriation;
(3) By subscribing to an oath of allegiance to support the Constitution or laws
of a foreign country upon reaching the age of majority; Provided, however,
That a Filipino may not divest himself of Philippine citizenship in any manner
while the Philippines is at war with any country.
(4) By rendering service to or accepting commission in the armed forces of a
foreign country.
(5) By cancellation of the certificate of naturalization;
(6) By having been declared by competent authority, a deserter of the
Philippine armed forces in time of war, unless subsequently, a plenary
pardon or amnesty has been granted;
(7) (Under the Art. IV, Sec. 4. 1987 Constitution) Citizens of the Philippines
who marry aliens, who by their act or omission they are deemed, under the
law, to have renounced their Philippine citizenship.

10. Modes of re-acquiring Philippine Citizenship


(1) Naturalization (CA 63, now CA 473)
(2) Repatriation
(3) Legislative Act - Which is both a mode of acquiring and reacquiring
citizenship.

11. QUALIFICATIONS of a senator

Citizenship: Natural-born citizen


Age on the day of election: 35
Education: Able to read and write
Registered voter: In the Philippines
Residence: 2 years immediately preceding the election

12. QUALIFICATIONS of a member of the House of Represetatives

Citizenship: Natural-born citizen


Age on the day of election: 25
Education: Able to read and write
Registered voter: In the district, if district representative
Residence: 1 year in the district immediately preceding the election

13. classification of domicile

(1) domicile of origin, which is acquired by every person at birth;


(2) domicile of choice, which is acquired upon abandonment of the domicile
of origin; and
(3) domicile by operation of law, which the law attributes to a person
independently of his residence or intention.

14. Qualifications of Party-List Nominees.


Natural-born citizen of the Philippines,
Registered voter
Resident of the Philippines for a period of not less than one (1) year
immediately preceding the day of the election
Able to read and write
A bona fide member of the party or organization which he seeks to
represent for at least ninety (90) days preceding the day of the election, and
At least twenty-five (25) years of age on the day of the election.
15. Although exempt from prosecution or civil actions for their words uttered
in Congress, the members of Congress may, nevertheless, be questioned in
Congress itself. The penalty may consist of
a. censure;
b. or upon a 2/3 vote of all the members of the house, suspension, not
exceeding 60 days, or
c. expulsion.

16. The duty to keep a journal has two purposes (Bernas);


a. To ensure publicity to the proceedings, and correspondent responsibility of
the members to their constituents
b. To provide proof of what actually transpired in the legislature

17. Matters Required to be Entered in the Journal

(a) The yeas and nays on third and final reading of a bill [Art. VI, Sec. 26(2)];
(b) Veto message of the President (i.e., his objection to a bill when he vetoes
it) [Art. VI, Sec. 27(1)];
(c) The yeas and nays on the repassing of a bill vetoed by the President (Art.
VI, Sec. 27(1)];
(d) The yeas and nays on any question at the request of 1/5 of the members
present [Art. VI, Sec. 16(4)]

18. Functions of the Commission on Appointment

The Commission shall confirm or approve nominations made by the President


of certain public officers named by the Constitution or by law:

1. Heads of the executive departments


2. Ambassadors, other public ministers, and consuls
3. Officers of the Armed Forces from the rank of colonel or naval captain
4. Other officers whose appointments are vested in him in this Constitution3

19. Types of Appointments

a. Regular appointment - When the President appoints an officer whose


appointment requires confirmation by the Commission, while Congress is in
session.

b. Recess (ad-interim) appointment - Occurs when Congress is not in session.


the ad-interim appointment made by the President is complete in itself, and
thus temporarily effective at once, even without confirmation.

20. Two tests determine the validity of delegation of legislative power:


(1) the completeness test - A law is complete when it sets forth therein the
policy to be executed, carried out or implemented by the delegate
(2) the sufficient standard test. It lays down a sufficient standard when it
provides adequate guidelines or limitations in the law to map out the
boundaries of the delegates authority and prevent the delegation from
running riot. To be sufficient, the standard must specify the limits of the
delegates authority, announce the legislative policy and identify the
conditions under which it is to be implemented.

21. The validity of an administrative issuance, such as the assailed


guidelines, hinges on compliance with the following requisites:
1. Its promulgation must be authorized by the legislature;
2. It must be promulgated in accordance with the prescribed procedure;
3. It must be within the scope of the authority given by the legislature;
4. It must be reasonable.

22. Limitations in aid of Legislation

First., the investigation must be in aid of legislation. No inquiry is an end in


itself; it must be related to and in furtherance of a legitimate task of
Congress

Secondly, the investigation must be in accordance with duly published rules


of procedure of Congress

And thirdly, the Constitution further mandates that the rights of witnesses
appearing in or affected by such inquiries must be respected

23. Who are subject to impeachment


a. President
b. Vice-President
c. Justices of the Supreme Court
d. Members of the Constitutional Commissions
e. Ombudsman

24. Grounds for impeachment


a) Culpable violation of the Constitution
b) Treason (RPC)
c) Bribery (RA 3019)
d) Graft and corruption (RA 3019)
e) Other high crimes
f) Betrayal of public trust

25. What are the types of bills as stipulated in section 24 of art. VII
An appropriation bill is one the primary and specific purpose of which is to
authorize the release of funds from the public treasury.
A revenue bill is one that levies taxes and raises funds for the gvernment,
while a tariff bill specifies the rates or duties to be imposed on imported
articles.
A bill increasing the public debt is illustrated by one floating bonds for public
subscription redeemable after a certain period.
A bill of local application is one involving purely local or municipal matters,
like a charter of a city.
Private bills are illustrated by a bill granting honorary citizenship to a
distinguished foreigner.

26. Exceptions as to the power to tax, being inherently legislative.;

a. Congress may, by law, authorize the President to fix within specified limits,
and subject to such limitations and restrictions as it may impose, tariff rates,
import and export quotas, tonnage and wharfage dues, and other duties or
imposts within the framework of the national development program of the
Government.
b. Each local government unit shall have the power to create its own sources
of revenues and to levy taxes, fees and charges subject to such guidelines
and limitations as the Congress may provide, consistent with the basic policy
of local autonomy. Such taxes, fees, and charges shall accrue exclusively to
the local governments. (Sec 5, Art X)
c. The taxing power may also be exercised by the President as part of his
emergency powers.

27. It may be of two classes of referendum, namely:


c.1. Referendum on statutes which refers to a petition to approve or reject an
act or law, or part thereof, passed by Congress; and
c.2. Referendum on local law which refers to a petition to approve or reject a
law, resolution or ordinance enacted by regional assemblies and local
legislative bodies.

28. Qualifications of a president


1) Natural-born citizen
2) Registered voter
3) Able to read and write
4) 40 years of age on the day of election
5) Resident of the Philippines for at least 10 years immediately preceding the
election

29. elements of presidential communications privilege


1) The protected communication must relate to a "quintessential and non-
delegable presidential power."
2) The communication must be authored or "solicited and received" by a
close advisor of the President or the President himself. The judicial test is
that an advisor must be in "operational proximity" with the President.
3) The presidential communications privilege remains a qualified privilege
that may be overcome by a showing of adequate need, such that the
information sought "likely contains important evidence" and by the
unavailability of the information elsewhere by an appropriate investigating
authority.

30. A vacancy in the Presidency arising from his disability can occur as
follows:
1. A written declaration by the President
2. Written declaration by the Cabinet
3. Finding by Congress by 2/3 vote that the President is disabled

31. There are four (4) groups of officers whom the President shall appoint.
These four (4) groups, to which we will hereafter refer from time to time, are:
First, the heads of the executive departments, ambassadors, other public
ministers and consuls, officers of the armed forces from the rank of colonel
or naval captain, and other officers whose appointments are vested in him in
this Constitution;

Second, all other officers of the Government whose appointments are not
otherwise provided for by law;

Third, those whom the president may be authorized by law to appoint;

Fourth, officers lower in rank whose appointments the Congress may by law
vest in the President alone.

32. Limitations on the declaration of Martial Law


1. Effective only for 60 days
2. Within forty-eight hours from the proclamation of martial law or the
suspension of the privilege of the writ of habeas corpus, the President shall
submit a report in person or in writing to the Congress.

3. The Congress, voting jointly, by a vote of at least a majority of all its


Members in regular or special session, may revoke such proclamation or
suspension.

4. Revocation shall not be set aside by the President.


5. Upon the initiative of the President, the Congress may extend such
proclamation or suspension

33. emergency powers granted to the President are subject to these certain
conditions:
(1) There must be a war or other emergency.
(2) The delegation must be for a limited period only.
(3) The delegation must be subject to such restrictions as the Congress may
prescribe.
(4) The emergency powers must be exercised to carry out a national policy
declared by Congress.

34. the archipelagic doctrine has a two-fold purpose:


(1) Economic reasons;
(2) National security.

35. the following are considered en banc cases:


1. Cases in which the constitutionality or validity of any treaty, international
or executive agreement, law, executive order, or presidential decree,
proclamation, order, instruction, ordinance, or regulation is in question;
2. Criminal cases in which the appealed decision imposes the death penalty;
3. Cases raising novel questions of law;
4. Cases affecting ambassadors, other public ministers and consuls;
5. Cases involving decisions, resolutions or orders of the Civil Service
Commission, Commission on Elections, and Commission on Audit;
6. Cases where the penalty to be imposed is the dismissal of a judge, officer
or employee of the judiciary, disbarment of a lawyer, or either the
suspension of any of them for a period of more than one (1) year or a fine
exceeding P10,000.00 or both;
7. Cases where a doctrine or principle laid down by the court en banc or in
division may be modified or reversed;
8. Cases assigned to a division which in the opinion of at least three (3)
members thereof merit the attention of the court en banc and are acceptable
to a majority of the actual membership of the courten banc; and
9. All other cases as the court en banc by a majority of its actual
membership may deem of sufficient importance to merit its attention.

36. Qualifications Member of the Supreme Court or any lower collegiate court
No person shall be appointed Member of the Supreme Court unless he
- is a natural-born citizen of the Philippines.
- at least forty years of age,
- and must have been for fifteen years or more, a judge of a lower court or
engaged in the practice of law in the Philippines

37. Constitutional Limitations on the judiciary


a. The Supreme Court is a constitutional body. It cannot be abolished nor
may its membership or the manner of its meetings be changed by mere
legislation
b. The members of the judiciary are not subject to confirmation by the
Commission on Appointments.
c. Members of the Supreme Court may only be removed via impeachment.
d. (Congressional Power over Jurisdiction of the Supreme Court)- Minimum
original and appellate jurisdiction
e. (Congressional Power over Jurisdiction of the Supreme Court) - The
appellate jurisdiction
f. Administrative supervision over all lower courts and their personnel
g. Exclusive power to discipline judges of lower courts
h. Security of tenure

38. under the Rules of the Presidential Electoral Tribunal, an election protest
may be summarily dismissed, regardless of the public policy and public
interest implications thereof, on the following grounds:
(1) The petition is insufficient in form and substance;
(2) The petition is filed beyond the periods provided in Rules 14 and 15
hereof;
(3) The filing fee is not paid within the periods provided for in these Rules;
(4) The cash deposit, or the first P100,000.00 thereof, is not paid within 10
days after the filing of the protest; and
(5) The petition or copies thereof and the annexes thereto filed with the
Tribunal are not clearly legible

39. Composition of the Judiciary


Ex-Officio
Chief Justice as ex officio Chairman,
The Secretary of Justice and a representative of the Congress ex officio
Members

Regular
A representative of the Integrated Bar,
A professor of law,
A retired Member of the Supreme Court, and
A representative of the private sector.

40. The Civil Service Commission Chairman and two Commissioners


Qualifications
who shall be natural-born citizens of the Philippines and,

at the time of their appointment, at least thirty-five years of age,

with proven capacity for public administration, and

must not have been candidates for any elective position

41. COMELEC Chairman and six Commissioners Qualifications


Natural-born citizens of the Philippines and,

at the time of their appointment, at least thirty-five years of age,

holders of a college degree, and


must not have been candidates for any elective positions in the
immediately preceding elections.

However, a majority thereof, including the Chairman, shall be members of


the Philippine Bar who have been engaged in the practice of law for at least
ten years

42. Commission on Audit

Composition and Qualification


Section 1.
1. There shall be a Commission on Audit composed of a Chairman and two
Commissioners, who shall be natural-born citizens of the Philippines and, at
the time of their appointment,
at least thirty-five years of age,
Certified Public Accountants with not less than ten years of auditing
experience, or members of the Philippine Bar who have been engaged in the
practice of law for at least ten years,
and must not have been candidates for any elective position in the elections
immediately preceding their appointment.

43. What Are the limitations to the Congress power to exercise legislative
power?

1. it cannot pass irrepealable laws

2. principle of separation of powers

3. non-delegability of legislative powers

44. Requisites of Judicial review


: (1) the existence of an actual and appropriate case;
(2) a personal and substantial interest of the party raising the constitutional
question;
(3) the exercise of judicial review is pleaded at the earliest opportunity; and
(4) the constitutional question is the lis mota of the case.

45. Classification of a Constitution


a) Written or unwritten.
b) Enacted (Conventional) or Evolved (Cumulative^
c) Rigid or Flexible

46. Qualities of a good written Constitution:


a) Broad
b) Brief
c) Definite

47. Essential parts of a good written Constitution:


a. Constitution of Liberty
b. Constitution of Government.
c. Constitution of Sovereignty

48. The requisites for valid invocation of Rebus sic stantibus:


i) The change must be so substantial that the foundation of the treaty must
have altogether disappeared;
ii) The change must have been unforeseen or unforeseeable at the time of
the perfection of the treaty;
iii) The change must not have been caused by the party invoking the
doctrine;
iv) The doctrine must be invoked within a reasonable time;
v) The duration of the treaty must be indefinite; and
vi) The doctrine cannot operate retroactively, i.e., it must not adversely
affect provisions which have already been complied with prior to the vital
change in the situation.

49. Conduct of hostilities. Three basic principles:


a) Principle of Military Necessity.
b) Principle of Humanity
c) Principle of Chivalry.

50. Aspects of Due Process:

1. Procedural due process refers to the mode of procedure which


government agencies must follow in the enforcement and application of
laws.
2. Substantive due process prohibition against arbitrary laws.

51. Requisites of PROCEDURAL due process:

For JUDICIAL proceedings:


1. A court or tribunal clothed with judicial power to hear and determine
the matter before it.
2. Jurisdiction must be lawfully acquired over the person of the defendant
or over the property which is the subject of the proceedings.
3. The defendant must be given notice and an opportunity to be heard.
4. Judgment must be rendered upon a lawful hearing.

52. For ADMINISTRATIVE proceedings:

1. The right to a hearing, which includes the right to present ones case
and submit evidence in support thereof.
2. The tribunal must consider the evidence presented.
3. The decision must have something to support itself.
4. Evidence supporting the conclusion must be substantial.
5. The decision must be based on the evidence presented at the hearing
or at least contained in the record and disclosed to the parties affected.
6. The tribunal or body or any of its judges must act on its or his
own independent consideration of the law and facts of the controversy,
and not simply accept the views of a subordinate in arriving at a
decision.
7. The board or body should, in all controversial questions, render its
decision in such a manner that the parties to the proceeding can know
the various issues involved and the reasons for the decision rendered.

53. Requisites of SUBSTANTIVE due process:

1. The INTERESTS of the public generally, as distinguished from those of a


particular class, requires the interference by the government and
2. The MEANS employed are necessary for the accomplishment of the
purpose and not unduly oppressive upon individuals.

54. Who can exercise the power of eminent domain:

1) The national government

1. Congress
2. Executive, pursuant to legislation enacted by Congress

2) Local government units, pursuant to an ordinance enacted by their


respective legislative bodies (under LGC)

3) Public utilities, as may be delegated by law.

55. Elements of the power of eminent domain

1) There is a TAKING of private property

2) Taking is for PUBLIC USE

3) Payment of JUST COMPENSATION

56. who will be the successor in times when Both President and Vice-
President die, become permanently disabled, are impeached, or resign.
1. Senate President or
2. In case of his inability, the Speaker of the House shall act as President
until the President or VP shall have been elected and qualif

57. offices that cannot be appointed to the Presidents Spouse and 4th degree
relatives (consanguinity or affinity) during his tenure
1. Members of the Constitutional Commissions;
2. Office of the Ombudsman;
3. Department Secretaries;
4. Department under-secretaries;
5. Chairman or heads of bureaus or offices including GOCCs and their
subsidiaries.

58. who shall the President appoint?

1) Heads of executive departments (CA confirmation needed):

2) Ambassadors, other public ministers, and consuls (CA confirmation


needed).
3) Officers of AFP from rank of colonel or naval captain (CA confirmation
needed).

4) Other officers whose appointment is vested in him by the Constitution


(CA confirmation needed)

59. What are the elements of a state?

a. people

b. territory

c. government

d. sovereignty

60. Ad-interim appointments

1) When Congress is in recess, the President may still appoint officers to


positions subject to CA confirmation.

2) These appointments are effective immediately, but are only effective


until they are disapproved by the CA or until the next adjournment of
Congress.

3) Appointments to fill an office in an acting capacity are NOT ad-interim


in nature and need no CA approval.

61. What composes the Qualified Political Agencies?

1) Since all executive and administrative organizations are adjuncts of the


Executive Department, the heads of such departments, etc. are assistants
and agents of the President.

2) Thus, generally the acts of these department heads, etc, which are
performed and promulgated in the regular course of business, are
presumptively the acts of the President.

3) Exception: If the acts are disapproved or reprobated by the President.

4) Under Administrative Law, decisions of Department Secretaries need not


be appealed to the President in order to comply with the requirement of
exhaustion of administrative remedies.

5) Qualified political agency does NOT apply if the President is required to


act in person by law or by the Constitution.

62. Whenever necessary, what instances shall the President call out the AFP
to PREVENT or SUPPRESS:

a) Lawless violence;
b) Invasion; or

c) Rebellion.

63. Grounds when the writ of habeas corpus shall be suspended:

1. Invasion or
2. Rebellion; and
3. Public safety requires it.

64. What can the President grant?

1. Pardons (conditional or plenary)


2. Reprieves
3. Commutations
4. Remittance of fines and forfeitures

65. Classification of legislative power:

1. Original Possessed by the people in their sovereign capacity


2. Delegated Possessed by Congress and other legislative bodies by
virtue of the Constitution
3. Constituent The power to amend or revise the Constitution
4. Ordinary The power to pass ordinary laws

66. Term Limitations for senators

1. No Senator shall serve for more than 2 consecutive terms.


2. Voluntary renunciation of office for any length of time shall not be
considered as an interruption in the continuity of his service for the full
term for which he was elected.

67. CONGRESSIONAL IMMUNITIES

1.) Immunity from arrest

2.) Legislative privilege:

68. Who are the Officers:

1.) Senate President;

2.) Speaker of the House; and

3.) Each House may choose such other officers as it may deem necessary.

69. when is there Quorum?

1. Majority of each House shall constitute a quorum.


2. A smaller number may adjourn from day to day and may compel the
attendance of absent members.
3. In computing a quorum, members who are outside the country and
thus outside of each Houses coercive jurisdiction are not included.

70. who comprises the Commission of Appointments

1.) Senate President as ex-officio chairman;

2.) 12 Senators; and

3.) 12 Members of the House.

71. Bills that must originate from the House of Representatives


1. Appropriation bills
2. Revenue bills
3. Tariff bills
4. Bills authorizing the increase of public debt
5. Bills of local application
6. Private bills

72. Limitations on the power to tax

1) The rule of taxation should be UNIFORM

2) It should be EQUITABLE

3) Congress should evolve a PROGRESSIVE system of taxation.

4) The power to tax must be exercised for a public purpose because the
power exists for the general welfare

5) The due process and equal protection clauses of the Constitution


should be observed.

73. Constitutional tax exemptions:

1) what properties are exempt from REAL PROPERTY taxes

a) Charitable institutions

b) Churches, and parsonages or convents appurtenant thereto

c) Mosques

d) Non-profit cemeteries; and

e) All lands, buildings and improvements actually, directly and exclusively


used for religious, charitable, or educational purposes.
74. who are under the supervision of the Supreme Court?

1. Chief Justice, as ex-officio chairman


2. Secretary of Justice, as an ex-officio member
3. Representative of Congress, as an ex-officio member
4. Representative of the Integrated Bar
5. A professor of law
6. A retired member of the SC; and
7. Private sector representative

75. SC has APPELLATE jurisdiction over final judgments and orders in what
cases?
a. All cases involving the constitutionality or validity of a certain provision of
the law
b. All cases involving the legality of any penalty imposed

c. All cases in which the jurisdiction of any lower court is in issue

d. Criminal cases where the penalty imposed is reclusion perpetua or higher;


and

e. All cases where ONLY errors or questions of law are involved.

76. Limitations on Rule Making Power

a. It should provide a simplified and inexpensive 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.

77. what are the Effect of a declaration of unconstitutionality:

1. Prior to the declaration that a particular law is unconstitutional, it is


considered as an operative fact which at that time had to be complied with.

2. Thus, vested rights may have been acquired under such law before it was
declared unconstitutional.

3. These rights are not prejudiced by the subsequent declaration that the law
is unconstitutional.

78. Who can vote?

1) Citizen of the Philippines

2) Not Disqualified by law

3) At least 18 years old

4) Resident of the Philippines for at least 1 year


5) Resident of the place wherein he/she proposes to vote for at least 6
months immediately preceding the election.

79. Who are disqualified to vote?

1) Any person sentenced by final judgment to imprisonment of not less


than 1 year, which disability has not been removed by plenary pardon.

2) Any person adjudged by final judgment of having violated his


allegiance to the Republic of the Philippines.

3) Insane or feeble-minded persons.

80. Modes of acquiring citizenship:

1) Jus Soli acquisition of citizenship on the basis of place of birth

2) Jus Sanguinis acquisition of citizenship on the basis of blood


relationship

3) Naturalization the legal act of adopting an alien and clothing him with
the privilege of a native-born citizen.

81. How may one lose citizenship:

1. By naturalization in a foreign country


2. By express renunciation of citizenship
3. By subscribing oath or allegiance to a foreign Constitution
4. By serving in the armed forces of an enemy country
5. By being a deserter of the armed forces of ones country

82. How may one reacquire citizenship:

1. By direct act of Congress


2. By naturalization
3. By repatriation

83. Different meanings of the word people as used in the constitution:

1. as inhabitants (Art. XIII, Sec. 1; Art. III, Sec. 2);

2. as citizens (Preamble; Art. II, Sec. 1 & 4; Art. III, Sec. 7);

3. as voters (Art. VII, Sec. 4)

84. Requisites of a valid ratification:


a) Held in a plebiscite conducted under the election law;

b) Supervised by the COMELEC; and

c) Where only franchised voters (registered) voters take part.

85. what are the Independent Constitutional Commissions:

1) Civil Service Commission (CSC)

2) Commission on Elections (COMELEC)

3) Commission on Audit (COA)

86. Members cannot, during their tenure:

1) Hold any other office or employment;

2) Engage in the practice of any profession;

3) Engage in the active management or control of any business, which, in


any way, may be affected by the functions of their office; and

4) Be financially interested, direct or indirect, in any contract, franchise,


privilege granted by the government, any of its subdivisions, agencies,
instrumentalities, including GOCCs and their subsidiaries.

87. The functions of COA can be classified as:

1. Examine and audit all forms of government revenues;


2. Examine and audit all forms of govt expenditures
3. Settle govt accounts
4. Promulgate accounting and auditing rules (including those for the
prevention of irregularexpenditures.
5. To decide administrative cases involving expenditures of public funds.

88. TERRITORIAL/POLITICAL SUBDIVISIONS

1) Provinces

2) Cities;

3) Municipalities; and

4) Barangays

89. Factors in creating autonomous regions

1) Historical heritage

2) Cultural heritage
3) Economic and social structures,

4) Other relevant characteristics

90. Effect of the Impeachment

1. Removal from office of the official concerned


2. Disqualification to hold any office under the Republic of the Philippines
3. Officer still liable to prosecution, trial, and punishment if the
impeachable offense committed also constitutes a felony or crime.

91. what composes the office of the ombudsman

1.) Ombudsman/Tanodbayan

2.) Overall deputy

3.) At least one Deputy each for Luzon, Visayas and Mindanao

4.) Deputy for military establishment may be appointed

92. Qualifications: (Ombudsman and his deputies)

1.) Natural born citizen of the Philippines

2.) At least 40 years old at time of appointment

3.) Of recognized probity and independence

4.) Member of the Philippine bar

5.) Must not have been candidate for any elective office in the immediately
preceding election

6.) For Ombudsman: He must have been for ten years or more

93. Disqualifications/Prohibitions (under Article IX, Section 2)

1.) Cannot hold any other office or employment during his tenure

2.) Cannot engage in the practice of any profession or in the active


management or control of any business which may be affected by the
functions of his office

3.) Cannot be financially interested, directly or indirectly, in any contract


with or in any franchise or privilege granted by the Government, any of its
subdivisions, agencies or instrumentalities, including GOCCs or their
subsidiaries.

94. Powers, Functions and Duties of the Office of the Ombudsman


1. The SC held that the power to investigate and prosecute cases
involving public officers and employees has been transferred to the
Ombudsman.
2. The Ombudsman may always delegate his power to investigate.
3. The power to investigate includes the power to impose preventive
suspension.
4. This preventive suspension is not a penalty.
5. INVESTIGATE does not mean preliminary investigation.
6. The complaint need not be drawn up in the usual form.
7. The ILLEGAL act or omission need not be in connection with the
duties of the public officer or employee concerned.
8. ANY illegal act may be investigated by the Ombudsman. In this regard,
the Ombudsmans jurisdiction is CONCURRENT with that of the regular
prosecutors

95. who are prohibited ON CERTAIN FINANCIAL TRANSACTIONS

1.) President

2.) Vice-President

3.) Members of the Cabinet

4.) Members of Congress

5.) Members of Supreme Court

6.) Members of Constitutional Commissions

7.) Ombudsman

8.) Any firm or entity in which they have controlling interest

96. the officials mentioned in the preceding number cannot obtain, directly
or indirectly for BUSINESS PURPOSES:

1. Loans
2. Guarantees
3. Other forms of financial accommodation

97. Qualifications of the chairman and members of the CHR

1) Natural-born citizens of the Philippines;

2) Majority of the Commission must be members of the Philippine Bar;

3) Term of office, other qualifications and disabilities shall be provided by


law;
4) The appointment of the CHR members is NOT subject to CA confirmation;
and

5) The CHR is not of the same level as the COMELEC, CSC, or COA.

98. Powers of the CHR

1) Investigate all forms of human rights violations involving civil or political


rights

2) Adopt operational guidelines and rules of procedure.

3) Cite for contempt for violations of its rules, in accordance with the Rules
of Court.

4) Provide appropriate legal measures for the protection of the human rights
of all persons, within the Philippines, as well as Filipinos residing abroad, and
provide for preventive measures and legal aid services to the
underprivileged whose human rights have been violated or need protection.

5) Exercise visitorial powers over jails, prisons and other detention facilities.

6) Establish continuing programs for research, education and information in


order to enhance respect for the primacy of human rights.

7) Recommend to Congress effective measures to promote human rights


and to provide compensation to victims of human rights violations or their
families.

8) Monitor compliance by the government with international treaty


obligations on human rights.

9) Grant immunity from prosecution to any person whose testimony or


whose possession of documents or other evidence is necessary or
convenient to determine the truth in any CHR investigation.

10) Request assistance from any department, bureau, office, or agency in the
performance of its functions.

11) Appoint its officers and employers in accordance with law.

12) Perform such other functions and duties as may be provided for by law

99. Prohibitions and disqualifications of the members of the AFP

1) Military men cannot engage, directly or indirectly, in any partisan political


activity, except to vote.

2) Members of the AFP in active service cannot be appointed to a civilian


position in the government, including GOCCs or their subsidiaries.
100. Academic Freedom. schools have the freedom to determine:

1) Who may teach,

2) What may be taught,

3) How it shall be taught, and

4) Who may be admitted to study.