PREAMBLE

Philippines Delineated
We, the sovereign Filipino people, Treaty of Paris (December 10, 1898)
imploring the aid of Almighty God, Treaty of Washington (November 17, 1900)
in order to build a just and humane society, Treaty in Great Britain (January 2, 1930)
and establish a government Treaties not mention to erase trace of colonial history
that shall embody our ideals and aspirations,
promote the common good, National territory defined:
conserve and develop our patrimony, 1935: fear of dismemberment
and secure to ourselves and our posterity 1973: national wealth, security, solidarity
the blessings of independence and democracy 1987: educational value
under the rule of law Straight baseline method: separate territorial from
and a regime of truth, justice, freedom, love, internal waters
equality and peace, Internal waters defined as archipelagic waters
do ordain and promulgate this Constitution. in law of the sea
Internal waters: no right of innocent
Preamble > origin, scope and purpose, source of passage
light Archipelagic: right of innocent passage
We > active and sovereign role of the Filipino
people Article II
equality > prevalence of economic inequality DECLARATION OF PRINCIPLES AND STATE
truth > protest against deception, Marcos POLICIES
regime
love > prevented bloodshed in the revolution Basic ideological principles/policies
peace > fruit of convergence of truth, justice,
freedom, love Purpose
Shed light on ambiguous provisions
Almighty God vs Divine Providence Guide for the departments of the government
Almighty God
Personalist Filipino religiosity PRINCIPLES
Philippines: democratic and republican, presidential
Common good vs general welfare
Common Good Presidential
Every citizen attains fullest Only form of government experienced by the
development Philippines
General welfare Separation of powers: equilibrium=harmony
Greatest good for the greatest number Executive
Legislative
Rule of Law Judicial
Ours is the rule of law and not of men.
Republican
Power of government from the people
Article I
THE NATIONAL TERRITORY State: legal concept
Nation: ethnic concept
Constitution > municipal law, bound only by those Interchangeable in the constitution
who promulgated, unless by international law
Elements of a state
National Territory People
Philippine archipelago Community of people
Delineated in Treaty of Paris, modified Sufficient to maintain continued
by Treaty of Washington and Treaty with Great Britain existence
Not mentioned to erase trace Common bond of law
of colonial history Territory
Territories where Philippines has Sovereignty
sovereignty over Legal: legal interests (executive,
Present, or future by acquisition legislative, judiciary)
Historic or legal title Political: sum total of all influences
Including its territorial sea, seabed, Government
subsoil, insular shelves, submarine areas Makes rules, carry out
Consisting of terrestrial, fluvial and aerial Enable men: social state
domains Government functions:
1982 Convention on the Laws of the Ministrant: optional (better if public or no
Sea private)
Chicago Convention on International Constituent: compulsory
Civil Aviation of 1944
The water around, between and According to legitimacy:
connecting islands form internal waters De jure: established by authority
 De facto: in defiance to legitimate Arts
sovereign Culture
Sports
Parliamentary
1. Executive are legislative committee Human factors > non-human factors
2. Majority part in the cabinet: legislative
committee Self-reliant and independent national economy
3. Pyramid structure Controlled by Filipinos
4. Government only in power if supported by
majority Incentives to needed investments
5. Government legislature demand political
responsibility Comprehensive rural development and agrarian reform

The Philippines renounces war Indigenous cultural communities

War = aggressive war, not defensive
Promote welfare organizations
Civilian authority > military authority Non-governmental
Civilian: president, chief of armed forces Community-based
Civilian officials < military officials Sectoral organizations

Government Nation building

Prime duty: serve and protect people Communication
1935/1973: defense of state Information

Enjoyment of blessings of democracy: Autonomy of local governments

Peace and order
Protection of life, liberty and property Equal access of opportunities
Promotion of general welfare Prohibit political dynasties

Inviolable: separation of church and state Honesty and integrity in public service
Positive and efective measures in graft and
STATE POLICIES corruption

Not self-executing: Full public disclosure of all transactions involving

Independent foreign policy public interest
National sovereignty
Territorial integrity Article IV
National interest, right to self-determination Citizenship
Freedom from nuclear weapons Citizenship
Except if consistent with national interest Personal
More or less permanent membership
Inviolable: separation of church and state Political community
Full civil and political rights, in exchange for duty of
Poverty and gross inequalities allegiance
MAJOR PROBLEM
Modes of acquiring
Social justice Jus sanguinis
Justice for the common tao By blood
1973: more in law, less in life Jus soli
By birthplace
Family Naturalization
Stable, heterosexual relationship Legal act
Adopting alien
Family autonomy: Clothing with privilege of native born
Protects family from instrumentalization Who are citizens
State as parens patriae, step in if parents fail 1 Citizens at time of adoption
2 Fathers or mothers are citizens (Jus
Role of women sanguinis)
Ignore sex where it is irrelevant 3 Born before January 17, 1973, elected
citizenship
Intergenerational thingy 4 Naturalized
Right to ecology, healthful stuf
Enforceable rights Naturalization laws:
1. General, judicial
Priority: 2. Special
Education 3. Mass
Science and Technology
 4. General, administrative, presidential
legislative Procedural requirement: registration
5. Administrative
Residing abroad:
Process of election (reasonable time: 2-3 years) Can vote president, vice president, senator,
1 Sworn statement party list
2 Filed with civil registry Requirements
3 Oath of allegiance Affidavit, not abandon
Requirements Reestablish residence in 3 years
Procedural
Declaration of petition Disqualifications (substantive)
Filing of petition 1. Final judgment: sentence more than 1
Hearing and initial judgment year
Probation Expires after 5 years
Rehearing and final judgment 2. Final judgment: violate allegiance
Substantive 3. Insane/feeble minded
Age: 18
Good moral character Immigrant: not necessarily lost domicile
PH born, resident since birth
Primary/sec educ recognized by deped Article VI
Sufficient income The Legislative Department
Read,write,speak Filipino, dialect
Mingled with Filipinos, desire to learn Legislative power
Application Congress
Special committee on Naturalization Senate
Solicitor general: chair House of Representatives
Make laws
Citizenship Alter laws
Lost: renunciation Repeal laws
Reacquired: CANNOT be delegated
Repatriation (recovery of original Except
citizenship) Immemorial practice
Naturalization Constitution
Law execution
How? Rule making
Oath of allegiance
Civil registry Subject matter
Bureau of Immigration Plenary
Cancel alien certificate Except irrepealable
Certificate of identification, Filipino
Who? Kinds:
Women who lost citizenship due to marriage Original: sovereign people
Political/economic reasons Derivative: delegated by sovereign people
Constituent: amend/revise Consti
Efective date: date of application Ordinary: pass

Limits
Article V Substantive: contents
Suffrage Procedural: manner of passing

Sufrage Bicameralism
Right to vote in elections 1 National prespective, less parochial
tendencies
Exercised by 2 More careful study
All citizens not disqualified (prescribed by Congress) 3 Less susceptible to executive control
18 y/o: broaden electoral base, emphasize role 4 Training ground for national leaders
of youth
15 y/o for consultative, separate ballot Unicameralism
boxes Simplicity and organization
resided in PH for 1 year
place to vote for 6 months Administrative agencies: penal law power
Residence Requisites
Temporary Specifically authorize promulgation
Domicile Penalty in statute
1 Physical presence Published in gazette, newspaper general
2 Animus manendi (intention to circulation
remain)
3 Animus non revertendi Senate
 24 senators, elected at large 2% threshold
12 every election *3-seat limit
term: 6 years 1 qualifying, 2 additional
2 consecutive max
can be more than 2, non-consecutive District representatives
starts: June 30 Equality of representation
Each province
Requirements City with 250k population
1 Natural-born New city/province: congress only
2 35 y/o
3 read and write Gerrymandering
4 registered voter Separate territories to one legislative district
5 resident, 2 years+ In favor of candidate party

Legislative district House of representatives

i. CONTIGUOUS Term: 3 years, 3 consecutive max
ii. COMPACT Start June 30
iii. ADJACENT Election: 2ndnd Monday of May
1 natural-born
House of Representatives 2 25 y/o
250 members max 3 read and write
20% of total representatives 4 registered voter in district (district reps
Sectors only)
Labor 5 resident (domicile)
Peasant If theres vacancy, SPECIAL ELECTION
Urban poor But only for unexpired term
Indigenous cultural communities
Women Term
Youth Entitled to hold office
Others except religious Tenure
Members Actually holding office
District Reps 80%
Party-list Reps 20% Officers
Sectoral Reps (until 1998 only) Senate: senate president
HoR: Speaker of the house
Party-list System More if they need/want
Democratize political power Majority vote of all members
Encourage multi-party system
For marginalized and underprivileged QUORUM to do business
Guidelines Smaller for everyday adjournment
1 Marginalized and underrepresented May compel attendance
2 Party: comply with policy Penalty
3 No religious sector Suspension (max 30 days)
4 Not disqualified 2/3 majority present
5 Not project of government
6 Nominees: comply with policy Salary: 204k annual
7 Formulation of legislation Any increase efective only after term of all who
Disqualified signed
1 Religious
2 Violence Congress
3 Foreign party Convene once a year, 4th Monday of July
4 Support from foreign government Full disclosure
5 Violates election laws Cant hold 2 offices
6 Untruthful statements Cant:
7 Cease to exist for 1 year Counsel for self
8 Failed participate or 2% last 2 elections Financial interest in contract
GOCC
Party-list nominee
1 Natural-born Privilege from Arrest
2 Registered voter Congress in session
3 PH resident Penalty not less than 6 years
4 read and write
5 Bona fide member Privilege of speech
6 25 years old Protection against forums
if youth, 25-30 only Libel
Performance of official function
Distribution
*20% allocation Keep journal
 Publish, except if national security Congress cannot increase presidents appropriation
Enrolled bill FORM
Official copy of approved legislation CONTENT
Certification: bill was passed, conclusive due to MANNER
enactment GAA
Temporary, passed every year
If none passed, previous reenacted

Electoral Tribunal Special appropriations

PET, SET, HRET National treasurer
Independent constitutional bodies
Invoked, from COMELEC Discretionary funds
1 proclamation Public purposes
2 oath taking Vouchers
3 assumption of office
BILL TO LAW
Supreme court jurisdiction 1 subject only, expressed in title
G grave Process
A abuse of 1 3 readings, 3 separate days
D discretion 2 printed copies to all members
A amounting to unless president says needed for
L lack or national interest
E excess of 3 submitted to president
J jurisdiction if president signs > laws
if let prescribe > la after 30 days
Records and books of accounts
Audit by COA if vetoed, back to congress
Published annually 1 back to the house it originated from
2 2/3 vote
Commission on Appointments 3 goes to other house
Legislative check on appointing power of 4 2/3
president 5 LAW
Senate president (Chairman)
12 senators President cant veto only one provision
12 representatives Veto WHOLE bill
Chairman doesnt vote, only if tie Except if RIDERS
Meet only when congress is in session
Appointment decisions TAXATION
Within 30 days 1 Uniform
Avoid freezing appointments Substantial, not arbitrary
Achieve legislative purpose
Interpellations Present and future, cp
Heads of departments, own initiative, president Equal same class
consent 2 Equitable
Appear and be heard 3 Progressive
Written questions General welfare
Sent to president 3 days before Except (concurrence of congress)
President: executive session 1 Charitable institutions
Public interest 2 Churches and parsonages
Security of the state 3 Mosques
4 Non-profit cemeteries
State of war 5 Religious, charitable, educational
Joint session
Vote separately Power to tax > power to spend
If 2/3 each, declare state of war BUT
Public money: public purpose only
If authorized by congress through law cant go to religious
President: exercise power, national policy
Ceases:Withdrawn TAX
Next adjournment Revenue
Special fund
Must Originate in House Extra goes to government
1 Appropriation 1. Raise revenue
2 Revenue 2. Power to destroy
3 Tariff 3. Tool for regulation
4 Public Debt 4. Power to keep alive
5 Local Application
Senate may propose or concur No law granting nobility/royalty
 Serious danger: government should solely be President serious illness
for the people Public informed
Not denied access
Initiative and referendum (direct democracy) National security secretary
Not really practiced Foreign relations secretary
ARTICLE VII Chief of staf, armed forces
THE EXECUTIVE DEPARTMENT
President, vice president, hold office
President One position only
Executive power vested in Spouse, relatives 4th civil degree, not allowed
Head of State 1 Member of constitutional
Chief Executive commissions
Only one executive 2 Office of the Ombudsman
Qualifications 3 Secretaries
1 Natural-born 4 Undersecretaries
2 Registered voter 5 Chairmen/heads of bureaus or
3 Able to read and write offices
4 40 y/o
5 Resident, 10 years Acting president
Term Appointments efective
6 years Until revoked by elected president
Cant be re-elected 90 days from assumption
Executive privilege
Power to withhold certain information from Midnight appointments
public 2 months before next election
Military Not allowed
Diplomatic Unless public service, public safety
Internal deliberations
President, nominate and appoint
Vice President Heads of Executive Departments
Act as president when needed, succeed Ambassadors
presidency Other public ministers
Same qualifications as president Consuls
Can be re-elected, max 2 consecutive Armed forces, from colonel/naval captain

Official residence Power of Control

Pres: Malacaan Alter
VP: anywhere PH Modify
Nullify
President fails to qualify Subordinate decisions
VP act as president until president qualifies Qualified political agency
President not chosen Doctrine: orgs adjuncts of executive
VP act as president until president chosen Power of Supervision
President dead, permanent disability Ensure laws are faithfully executed
VP becomes president Example: LGUs
President and VP both
Senate president, then speaker of the house Commander-in-chief
Until president/VP Supreme military authority
President>Speaker dead, incapacitated Ceremonial, legal, administrative head: armed
Congress decides forces
Constitution does not require military training
VP Vacancy Power to direct military
President nominates among Congress operations/strategy
New VP assume office after majority vote of May delegate, but power ultimately his
congress May call out armed forces: when necessary
Voting separately Lawless violence
Invasion
President Disability > SP and HS Rebellion
Personal, written declaration If invasion or rebellion
VP acting president Public safety requires
Until written declaration contrary Suspend privilege of Habeas Corpus
Majority of all cabinet, written declaration Or Martial Law
VP acting president Not exceeding 60 days
Pres says otherwise, he assumes office Pres submit in writing to
Majority cabinet, 5 days, Congress
inability Congress may revoke/suspend
CONGRESS, 2/3 vote Majority of all members
Joint voting
 Congress may extend, public safety
requires
Within 24 hours convene
Supreme Court
May review, proceeding filed by citizen
Sufficiency of factual basis or
proclamation of martial law or suspension of habeas
corpus
Promulgate decision 30 days
State of Martial Law
Does not suspend operation of
Constitution
Suspension of writ
Apply only to persons judicially charged
for rebellion or ofenses inherent in or directly
connected with invasion
Any person arrested/detained, judicially
charged within 3 days, otherwise he shall be released
Military powers of President
1. Call out armed forces to prevent
Lawless violence
Invasion
Rebellion
2. Suspend privilege of writ of habeas corpus
3. Place Philippines or any part thereof under
Martial Law
Martial Law
Police power
Public safety as object of exrcise
Peculiar: police power legislative
But martial law executive
2 factual bases
1. Existence of actual invasion or rebellion
2. Requirements of public safety
Limitations on power to suspend write/martial law
1. Time limit: 60 days
2. Review and possible revocation by Congress
3. Review/possible nullification by SC
POWER OF EXECUTIVE CLEMENCY
Instrument for correcting infirmities in
administration of justice, mitigating harshness
generated by too strict application of law
After conviction by final judgment
President may grant
1. Reprieves
Postpones the execution of an ofense
to a day certain
2. Commutations
Remission of a part of the punishment,
substitution of a less penalty for
originally imposed
3. Pardons (private)
Act of grace, deed complete without
acceptance, may be rejected
President may remit fines and forfeitures
Prevents confiscation of property/collection of
fines
Power to grant amnesty (public)
With concurrence of majority of congress
To rebels for treason and, high political ofenses
No pardon, amnesty, parole, suspension of sentence:
Violation of election laws, rules, regulations
Without favorable recommendation by
COMELEC
Foreign loans on behalf of republic
With prior concurrence of monetary board
Monetary board
30 days every quarter, complete report,
Congress
to allow congress to create legislation
protecting public interest
ex. Increasing foreign debt
Treaty/International Agreement
Valid and efective only if
2/3 senate concur
Foreign Relations powers of president
1 Negotiate treaties, international agreements
2 Appoint ambassadors, consuls
3 Receive ambassadors
4 Contract, guarantee foreign loans
5 Deport aliens
President
30 days from opening of regular session
general appropriations bill
budget of receipts and expenditures, sources of
financing, receipts from existing an proposed revenue
measures
address congress at opening of regular session