PGC REVIEWER FOR FINALS
“I can do everything through Christ who gives
me strength.”
ARTICLE IV: CITIZENSHIP
 Citizenship- is a term denoting
membership of a citizen in a political
society.
 Citizen- is a person having the title of
citizenship. Enjoys full civil and political
rights, and is accorded protection inside
and outside the territory of the State.
o Citizenship and citizen do not exactly
mean the same as nationality and
national.
o July 4, 1946- the Filipinos were deemed
American nationals because they owed
allegiance to the United States but were
not citizens thereof.
o All citizens are nationals of a state, not
all nationals are citizens of a state.
 A citizen is a member of a democratic
community who enjoys full civil and
political rights.
 An alien is a citizen of a country who is
residing in or passing through another
country. It is also called “foreigner”. He
is not given full rights to citizenship but
is entitled to receive protection as to his
person and property.
GENERAL WAYS OF ACQUIRING
CITIZENSHIP:
 Involuntary method- by birth or by
blood relations
 Voluntary method- by naturalization
TWO KINDS OF CITIZENS:
 Natural-born citizen
 Naturalized citizen
TWO PRINCIPLES THAT GOVERN
CITIZENSHIP BY BIRTH:
 Jus sanguinis- blood relationship
 Jus soli- birth place
o A Filipino citizen under the 1973
Constitution who has lost his citizenship
at the time of the ratification of the new
Constitution is not a citizen of the
Philippines.
CITIZENS BY BLOOD RELATIONSHIP:
o Filipino mothers are placed by the
Constitution on equal footing with their
husbands.
o The father or mother may be a natural-
born Filipino or a Filipino by
naturalization or by election.
o A child born of a Filipino citizen is a
citizen of the Philippines although
illegitimate since the Constitution does
not make any distinction.
 Dual citizenship- if the child is born in a
state where the rule of jus soli obtains,
or the child’s father or mother is an alien
whose country follows also the principle
of jus sanguinis.
 January 17, 1973- before this date
(American citizen), after this date
(Filipino citizen or natural-born citizen).
 An illegitimate child follows the
citizenship of his legally known parent,
the mother.
CITIZENS BY NATURALIZATION:
o Even those who are not Filipino citizens
at birth and who cannot take advantage
of the right given to the children of
Filipino mothers, may become citizens
by naturalization.
o The policy on naturalization should be
guided by our own national interest.
 Naturalization- is the act formally
adopting a foreigner into the political
body of the state and clothing him with
the rights and privileges of citizenship.
  An alien does not have a natural,
inherent, or vested right to be admitted
to citizenship in a state.
WAYS OF ACQUIRING CITIZENSHIP BY
NATURALIZATION:
 Court- must apply for naturalization with
a proper Regional Trial Court. And must
comply with all the procedure and
conditions prescribed. The Revised
Naturalization Act is the present
naturalization law.
 Congress- law-making body simply
enacts an act directly.
 Administrative proceedings- “the
Administrative Naturalization Law of
2000”, aliens born and residing in the
Philippines may be granted the
Philippine citizenship by administrative
proceedings before a Special
Committee on Naturalization.
KINDS OF CITIZENS UNDER THE
CONSTITUTION:
 Natural-born citizens- moment of their
birth to already citizens of the
Philippines. A Filipino mother after the
ratification of the 1973 Constitution on
January 17, 1973 is natural-born citizen.
o All citizens are natural-born except
those who are naturalized and who
reacquired their citizenship.
o Those born of Filipino mothers before
January 17, 1973 but who failed to elect
Philippine citizenship upon reaching the
age of majority are aliens but they can
be Filipino citizens by naturalization.
o Naturalized citizens- refer to those who
were originally citizens of another
country but by an intervening act, have
acquired new citizenship in a different
country.
LOSS OF CITIZENSHIP:
 Voluntarily- by naturalization in a
foreign country, by express renunciation
of citizenship, by an oath of allegiance to
support the constitution and by
rendering services.
 Involuntarily- by cancellation of his
certificate, by having been declared by
competent authority.
 Expatriation- the voluntary loss or
renunciation of one’s nationality.
REACQUISITION OF LOST PHILIPPINE
CITIZENSHIP:
 Repatriation- is effected by merely
taking the necessary oath of
allegiance to the Republic of the
Philippines and registering the same
in the proper civil registry.
EFFECT OF MARRIAGE OF CITIZEN TO AN
ALIEN:
o Does not lose his/her Philippine
citizenship even if by laws of his/her
wife’s/husband’s country, he/she
acquires her/his citizenship. The
provision clearly protects every Filipino
woman who otherwise loses her
citizenship by simply marrying a
foreigner.
o A Filipino woman, who upon marriage to
an alien acquires his citizenship, will
possess two citizenships—Philippine
citizenship and that of her husband.
 Dual Allegiance- refers to the
continued allegiance of naturalized
nationals to their mother country
even after they have acquired
Filipino citizenship.
 Dual Citizenship- refers to the
possession of two citizenship by an
individual, that of his original
citizenship and that of the country
 where he became a naturalized
citizen.
 Derivative Citizenship- unmarried
child, legitimate, illegitimate or
adopted, below 18 years of age,
those who re-acquire Philippine
citizenship upon the Act shall
deemed citizens of the Philippines.
DUTIES AND OBLIGATIONS OF CITIZENS:
 To be loyal to the Republic
 Pride in one’s country
 Absolute and permanent
allegiance to his government
 To love and defend the country
 Love of country shown not by
words but by deeds
 Readiness to sacrifice his life in
defence of his country
 To contribute to the development and
welfare of the State
 Working together for the
common good
 To uphold the Constitution and obey the
laws
 To cooperate with duly constituted
authorities
 Active concern with affairs of
government
 Need for civic courage and pride
or sense of civic values
 To exercise rights responsibly and with
due regard for the rights of others
 Exercise of rights to prejudice
others not permissible
 Right to liberty not absolute
 To engage in gainful work
 Duty to be useful and productive
member of society
 Duty to work hard
 To register and vote
 Duty to vote responsibly
 Duty to guard and protect the
integrity of his vote
ARTICLE V: SUFFRAGE
 Suffrage- is the right to and obligation to
vote
NATURE OF SUFFRAGE:
 A mere privilege
 A political right
SCOPE OF SUFFRAGE:
 Election- the people choose their
officials for definite and fixed periods
 Plebiscite- it is a name given to a vote
of the people expressing their choice for
 Referendum- it is the submission of a
law or part thereof passed by the
national or local legislative body to the
voting citizens of a country
 Initiative- it is the process whereby the
people directly and enact laws
 Recall- it is a method by which a local
public officer may be removed from
office during his tenure
QUALIFICATIONS OF VOTERS:
 A citizen (male or female) of the PH
 Not disqualified by law
 At least eighteen years of age
 Have resided in the Philippines for at
least 1 year, 6 months preceding the
election
AGE QUALIFICATION:
 Minimum age
 Basis- under a certain age, human
beings do not have the maturity,
experience, education and sense of
judgment that will enable them to vote
 No maximum age limit
RESIDENCE OF QUALIFICATION:
o Permanent resident of the Philippines
for at least 1 year preceding the election
and 6 months in the province…
 o 6 months in the province, city or
municipality is considered the minimum
length of time within which a person can
adequately familiarize himself.
PERSONS DISQUALIFIED TO VOTE:
o Any person who has been
sentenced by final judgment to
suffer imprisonment for not less than
1 year, but such person shall
automatically re-acquire the right to
vote upon expiration of 5 years after
service sentence
o Any crime like rebellion, sedition,
violation of the anti-subversion and
firearms laws, or any crime against
national security, regain his right to
vote upon expiration of 5 years after
service of sentence
o Insane or incompetent persons as
declared by competent authority
ARGUMENTS JUSTIFYING THE LOWERING
OF VOTING AGE FROM 21 TO 18:
 21 years is as old as the Roman Empire,
it is obsolete
 18 years old today is physically at least
3 years ahead of an 18 year old of 1900
 18 year old citizens better informed than
their parents
 The youth are more idealistic and more
change-oriented than their elders
 18 years old can enter into a marriage
contract, why not vote too?
 18 years old are mature enough to fight
in defence of his country
OTHER SUBSTANTIVE REQUIREMENTS
PROHIBITED:
 Education
 Sex
 Taxpaying ability
 Voting is not mandatory or not required,
you cannot force someone to vote
SYSTEM FOR ABSENTEE VOTING BY
QUALIFIED FILIPINOS ABROAD:
 Congress is mandated to provide a
system of absentee voting by qualified
Filipinos abroad.
ARTICLE VI: LEGISLATIVE DEPARTMENT
 Legislative power- is essentially the
authority under the Constitution to make
laws and when the need arises, to alter
and repeal them. Their task is to
prescribe general rules for the
government of society.
 Laws- refer to statutes which are the
written enactments of the legislature
governing the relations of the people
among themselves or between them
and the government and its agencies.
FUNCTION OF LAWS:
 Legislature defines the rights and duties
of citizens, imposes taxes, appropriate
funds…
 Such laws are valid or void, as tested by
their conformity or non-conformity to the
Constitution.
 Congress- is a double-chamber body
consisting of the Senate and the House
of Representatives; a bicameral
legislature has been created in place of
the unicameral set-up provided in the
1973 Consitution.
ADVANTAGES OF BICAMERALISM:
 Second chamber (Senate) is necessary
to serve as a check to hasty and ill-
considered legislations
 It serves as a training grounds
 It provides a representation for both
regional and national interests
 Less susceptible to bribery and control
  It is the traditional form of legislature
body dating from ancient times
DISADVANTAGES OF BICAMERALISM:
 Not worked out as an effective
“fiscalizing” or counter-check
machinery
 Double considerations of bills, it has
no assurance of better considered
and better deliberated legislation
 It produces duplication of efforts and
serious deadlocks in the enactment
of important measures with the
Conference Committee of both
Houses, called “third chamber”
 All things being equal, it is more
expensive to maintain
 Only wealthy individuals to make it
to the Senate
SCOPE OF LEGISLATURE POWER OF
CONGRESS:
 Plenary or general- a grant of
legislative power means the grant of all
legislative powers for all purposes of
civil government.
 Legislative powers not expressly
delegated deemed granted- the
delegated powers of our Congress are
broader than the legislative powers of
the American Congress.
CLASSIFICATION OF POWERS OF
CONGRESS:
 Primary function of the Congress is to
legislate.
 General legislative power-
power to enact laws intended as
rules of conduct to govern the
relations among individuals.
 Specific powers- authorize
Congress to exercise like the
power to choose who shall
become President in case two
or more candidates have an
equal and highest number of
votes.
 Implied powers- power to
conduct inquiry and
investigation in aid of legislation,
to punish for contempt, to
determine the rules of its
proceedings.
 Inherent powers- power of
taxation, power of eminent
domain and police power.
PRINCIPLE OF SEPARATION OF POWERS:
 Presidential system- 3 distinct classes:
the legislative, the executive, and the
judicial. If one department goes beyond
the limits set by the Constitution, its acts
are null and void.
 Parliamentary system- there is a fusion
rather than a separation between the
two (executive and legislative), so that in
a sense, the two are one body
performing two governmental functions:
policy making and policy executing.
Prime Minister is the head of
government is elected by the parliament
without a fixed term of office.
 French presidential-parliamentary
system- the present government of
France established in 1958 is known as
the Fifth Republic.
PRINCIPLE OF CHECKS AND BALANCES:
o To maintain this balance or to restore it
if upset, each department is given
certain powers with which to check the
others.
 Checks by the President- the
President may veto or disapprove bills
enacted by Congress.
 Checks by Congress- Congress may
override the veto of the President.
 Checks by the judiciary- the judiciary
with the Supreme Court may declare
legislative measures or executive acts
unconstitutional.
THE SENATE:
 Upper chamber of the Congress
 24 Senators
 2 consecutive terms (1 term= 6 years),
at noon of 30th day of June
QUALIFICATIONS:
 Natural-born citizen
 At least 35 years of age
 Able to read and write
 Registered voter
 A resident of the Philippines for not less
than 2 years
 A Senator can still run for re-election
after a break or interval.
 Registered voter- is one who has all
the qualifications for a voter and none of
the disqualifications provided by law and
who has registered himself in the list of
voters.
 Residence- is the place where one has
his true permanent home and to which,
whenever absent, he has the intention of
returning.
THE HOUSE OF REPRESENTATIVES:
 Lower chamber of the Congress
 Informally called “Congress”
 250 members known as “Congressmen”
 The party-list or sectoral representatives
are filled by selection or election from
the labor, peasant, etc. and other
sectors as may be provided by law,
except the religious sector.
 3 consecutive terms (1 term= 3 years)
QUALIFICATIONS:
 Natural-born citizen
 At least 25 years of age
 Able to read and write
 Registered voter
 A resident not less than 1 year
KINDS OF ELECTION FOR MEMBERS OF
CONGRESS:
 Regular election- it shall be held on the
2nd Monday of May. The purpose of
regular election is to give the people an
opportunity to renew or withhold their
mandate on elected officials.
 Special election- in case of vacancy
arises in the Senate or HOR. The
Senator or HOR elected shall serve only
for the unexpired term.
o The holding of a special election is not
made mandatory by the Constitution.
SALARIES OF MEMBERS OF CONGRESS:
o Congress is not prohibited from
increasing and decreasing the salary of
its members. However, any increase
can take effect only after the expiration
of the full term of the members
approving such increase.
o Congress has the power to provide for
higher compensation.
FREEDOM FROM ARREST OF MEMBERS OF
CONGRESS:
 While Congress is in session- every
member of congress is entitled to the
privilege from arrest while Congress is in
session, whether or not he is attending
session. Congress is considered in
session, regular or special for as long as
it has not adjourned.
 Aim of privilege- to enable members of
the Congress to discharge their
functions adequately and without fear.
The legislator’s motive, whether good or
bad, is immaterial. It is true that the
privilege may be abused.
WHEN IMMUNITY CANNOT BE INVOKED:

 More than 6 years imprisonment  Rules of procedure- are the rules

 The Congress is no longer in session. made by any legislative body to regulate
The privilege is a personal one and may the mode and manner of conducting its
be waived. business.

WHEN IMMUNITY CANNOT BE CLAIMED:
o The member is not acting as a member
of Congress. He is not entitled to any
privilege above his fellow citizens.
o The member is being questioned in
Congress itself, his words and conduct
are disorderly an unbecoming of a
member thereof.
o The rules promulgated should not ignore
constitutional restraints or violate
fundamental rights. They cannot repeal
or alter statutes. The Constitution and
statutes are superior to the internal rules
of Congress.
POWER OF EACH HOUSE TO PUNISH ITS
MEMBERS:

SESSIONS OF CONGRESS:  Nature- to punish or expel

 Reason for grant of power- may be
 Regular session- 4th Monday of July,
physically, mentally, or morally unfit, or
no prohibition from holding sessions on
afflicted with contagious disease, or
Saturdays, Sundays, and legal holidays.
insane, or noisy, or violent and
Congress shall be virtually in session for
disorderly, or in the habit of using
the entire year. The Congress may
profane, obscene, and abusive
legislate on any matter it deems fit.
language.
 Special session- the President calls
 Form of punishment- form of
Congress for session.
reprimand, fine, and forfeiture of salary,
 Executive sessions- secret meetings of
imprisonment, suspension and
Congress.
expulsion.
POWERS AND FUNCTIONS OF SENATE
PRESIDENT AND HOUSE SPEAKER:
 To suspend or expel a member is to
o They are implied from their position as
need two thirds of all the members of
administrative heads and presiding
each House is necessary. If the penalty
officers of their respective chambers.
is suspension, this shall not exceed 60
o They are preserve order and decorum,
days.
decide all questions of order, sign acts,
 Each House has no power to suspend a
resolutions, orders and warrants, issue
member for an indefinite period of time.
subpoenas and appoint personnel, and
An indefinite suspension is considered
discipline them.
worse than expulsion.

 Legislative journal- is defined as the

 Quorum- number of the membership of
an assembly.
 In the absence of quorum, a smaller
number may adjourn from day to day
and may compel the attendance of
absent members in such manner.
official record of what is done and
passed in a legislative assembly.
 Yeas (affirmative votes) and nays
(negative votes).
  Electoral Tribunal (9 members)
 3 Justices of Supreme Court
(designated by the Chief
Justice)
 6 members of the Senate or
House of Representative
COMMISSION ON
APPOINTMENTS IN CONGRESS:
 It is composed of 25 members—the
President of the Senate, as ex officio
chairman, 12 Senators, and 12
members of the HOR.
 Power or function- the power of the
Commission on Appointment is to
approve or disapprove appointments
submitted to it by the President.
POWER OF CONGRESS TO DECLARE
EXISTENCE OF A STATE OF WAR:
 The Constitution grants Congress the
sole power to declare the existence of a
state of war. Occurrence of two thirds of
both houses in joint session assembled.
 The President may find it necessary to
engage in war without waiting for
Congress to make a declaration of war.
 The war contemplated here is a
defensive, not an aggressive war.
 The phrase “to declare war” in the 1935
Constitution was changed to “to declare
the existence of war” in the 1973
Constitution.
 The emergency powers may be granted
by law to the President only in times of
war.
 Appropriations bill- is one the primary
and specific aim of which is to make
appropriations of money from the public
treasury.
KINDS OF APPROPRIATIONS:
 Appropriation- is an authorization
made by law
 Annual or general appropriations- is
more popularly known as the budget
 Special or supplemental
appropriations- include not contained
in a budget
 Specific appropriation- set aside a
named sum of money of a particular
expense
 Continuing appropriations- provides a
definite sum to be always available from
year to year
MEANING OF OTHER BILLS:
 Revenue bill- is to raise revenue
 Tariff bill- reference to one
imposing customs duties for
revenue purposes.
 Bill authorizing of the public debt-
creates public indebtedness such as
a bill providing for the issuance of
bonds and other forms of
obligations.
 Bill of local application- affecting
purely local or municipal
 Private bill- affecting purely private
interests.
o The House of Representative has the
exclusive authority to take the initiative
in the presentation of the bills
mentioned.
 Budget- is the financial program of the
national government for a designated
calendar year.
 Bill- a proposed law, a draft of a law
submitted to the consideration of a
legislative body for its adoption.
 Hodge-podge or log-rolling
legislation- refers to any measure
containing several subjects on unrelated
 matters combined together for the
purpose of securing the support of
members.
 Statute- is the written will of the
legislature.
o Statutes- enacted by the former
Batasang Pambansa.
FORMAL PARTS OF A LAW:
 Title
 Preamble
 Enacting clause
 Body
 Effectivity clause
STEPS IN THE PASSAGE OF A BILL:
1. First Reading- the bill is filed with the
Office of the Secretary where it is given
a corresponding number and calendared
for first reading. The principal author of
the bill may propose the inclusion of
additional authors. The bill is read by its
number and title…
2. Referral to appropriate committee- for
study and consideration. It may conduct
hearings and consultation meetings.
Approves the bill with or without
amendments. If disapproved, it he bills
dies.
3. Second Reading- reports the bill
favourably. It can be calendared for
deliberation. The bill is read for the
second time.
4. Debates- amendments may be
proposed by any member of Congress.
The insertion or changes shall be done
in accordance with the rules. May either
“kill” or pass the bill.
5. Printing and distribution- the bill is
then ordered printed in its final form. 3
days before its passage…
6. Third Reading- only the title of the bill is
read on the floor. Nominal voting is held.
Yeas and nays are entered in the
journal. Any member may abstain.
7. Referral to the other House- if
approved, the bill is then referred to the
other House where the same procedure
takes place. If without changes or
amendments, the Senate President and
the Speaker of the House will sign the
final version.
8. Submission to joint bicameral
committee- vice versa is submitted to a
conference.
9. Submission to the President-
Approval or disapproval, he either signs
it into law or vetoes and sends back with
his veto message. If the President does
not communicate his veto of the bill to
the House where it originated within 30
days from receipt, it shall become a law.
 Pocket veto- disapproval of a bill by
inaction on the President
 Resolution- as a formal expression of
opinion.
 Uniformity- all taxable articles or
properties of the same class shall be
taxed at the same rate.
 Equity- requires that such
apportionment be more or less just in
the light of the tax payer’s ability to
shoulder the tax burden.
 Incompatible Office- he cannot accept
the post
 Forbidden Office- the post already
exists because the person is already
creating.
ARTICLE VII: EXECUTIVE DEPARTMENT
 Executive power- to administer the
laws, which means carrying them into
practical operation and enforcing their
due observance.
QUALIFICATIONS:
 Natural-born citizen
 Registered voter
 Able to read and write
 At least 40 years old
  Resident of the Philippines for at least
10 years
(President and Vice President must have the
same qualifications.)
 6 years term, at noon on the 30th day of
June.
THE VICE-PRESIDENT:
o He may be appointed as a member of
the Cabinet without need of confirmation
by the Commission on Appointments in
Congress.
ELECTION OF THE PRESIDENT AND VICE-
PRESIDENT:
 Direct voting- this is considered more
democratic and more in keeping with the
Filipino culture and tradition that they
individually vote for their leader—their
choice of the man (or woman) who
would be their President.
o A President elected by the law-making
body with no fixed term may become
subservient to the members to keep
their support.
 Election by Congress in case of a tie-
the President shall be chosen for the
term fixed in the Constitution by a vote
of a majority of all the members of
Congress in session assembled.
o Election shall be held on the 2 nd Monday
of May.
 Term of office- duration or length of
time during which an officer may claim
to hold the office.
 Tenure of office- actual incumbency,
which represents the period during
which the incumbent actually holds the
office.
 Right to hold office- is the just and
legal claim to enjoy the powers and
responsibility of the office.
 Office- is an institutional unit of
government.
 Term- is a matter of time during which a
person may hold the office.
REELECTION OF PRESIDENT AND VICE-
PRESIDENT:
o A person who has held the office of
President is absolutely disqualified for
any re-election.
o Vice President, he cannot serve for
more than 2 successive terms, but he is
still eligible for election as President. He,
who succeeded and served as President
for more than 4 years is also disqualified
for election to the same office at any
other time.
o The President and Vice-President may
be elected to a lower position.
REASONS FOR PROHIBITION AGAINST
REELECTION OF PRESIDENT:
o A President who seeks a second term is
under a terrific handicap in the
performance of his functions.
o Congress is empowered to promulgate
its rules for the canvassing of the
certificates.
o The Supreme Court shall be the sole
judge of electoral disputes involving the
President-elect or Vice-President-elect.
 Oath- is an outward pledge made under
an immediate sense of responsibility to
God.
o If the President, Vice-President or Acting
President does not believe in God, he
makes an affirmation. “I do solemnly
swear” to “I do solemnly affirm”. The
affirmation is equivalent to an oath.
o The oath-taking marks the formal
induction of the President, Vice-
President or Acting President in office.
o The official residence of the President
shall be determined by law.
o Annual compensation of the President
and Vice-President shall be provided by
law. It cannot be increased or
decreased.
o The President-elect and the Vice-
President-elect shall assume office at
the beginning of their terms.
o If the President shall not have been
chosen, the Vice-Present-elect shall act
as President.
o If the President-elect fails to qualify, the
Vice-President-elect will act as
President.
o If the President dies, the Vice-President
will act as President.
o If there is no President and Vice-
President, if both died, permanent
disabled, the Senate President or the
Speaker of the House shall act as
President until a President or Vice-
President shall have been chosen.
o The Congress shall provide who is to act
as President or Vice-President.
o Whenever there is a vacancy in the
Office of the Vice-President during the
term for which he was elected, the
President shall nominate a Vice-
President from the members of the
Senate and the HOR.
 Appointment- is an act of designation
by the executive officer, board or body
to whom the power has been delegated,
of the individual who is to exercise the
functions of a given office.
 Designation- is simply the mere
imposition of new or additional duties
upon an office already in the
government service to temporarily
perform the functions of an office.
 Removal- is the ouster of an incumbent
before the expiration of his term of
office.
STEPS IN THE APPOINTING PROCESS:
 Appointment- it is the act of appointing
power.
 Acceptance- it is the act of the
appointee.
KINDS OF ACCEPTANCE:
 Express- when done verbally or in
writing.
 Implied- without formal acceptance.
o The President shall have control of all
the executive departments, bureaus,
and offices. He shall ensure that the
laws be faithfully executed.
o Primary function of the President is to
enforce laws.
o The President shall be the Commander-
in-Chief of all armed forces of the
Philippines.
o In case of invasion or rebellion, he may,
or a period not exceeding 60 days,
suspend the privilege of the writ habeas
corpus or place the Philippines or any
part under martial law.
o Within 48 hours from the proclamation of
martial law, the President shall submit a
report in person to the Congress.
o The Supreme Court may review the
sufficiency of the factual basis of the
proclamation.
o A state of martial law does not suspend
the operation of the Constitution.
o During the suspension of the privilege of
the writ, any person arrested or detained
shall be judicially charged within 3 days.
o As Commander-in-Chief, the President
has the control of the military
organization and personnel whether in
peace time or in war time.
o He is empowered to create military
tribunals.
 o Congress shares with the President his
authority over the armed forces. To it
belongs the sole power to declare the
existence of a state of war.
o The proclamation of martial law does not
automatically suspend the privilege of
the writ.
 Martial Law- the rules governing the
conduct of military forces in times of war
and in places under military occupation.
It is the military law proper. It has
application when the military arm does
not supersede civil authority but is called
upon.
BASIS, OBJECT, AND DURATION OF
MARTIAL LAW:
 Basis- the right to declare, apply, and
exercise martial law is one of the rights
of sovereignty. The right to declare and
carry on war.
 Object- is the preservation of the public
safety and good order.
 Duration- the exercise of power may
not extend beyond what is required by
the exigency which it call forth.
 Reprieve- is the postponement of the
execution of a death sentence to a
certain date.
 Suspension of sentence- is the
postponement of a sentence for an
indefinite time.
 Commutation- is the reduction of the
sentence imposed to a lesser
punishment, as from death to life
imprisonment.
 Pardon- as an act of grace proceeding
from the power entrusted with the
execution of the laws.
 Rebellion
 Sedition
 Insurrection
KINDS OF PARDON:
 Absolute- it is not subject to any
condition whatsoever.
 Conditional- it is given subject to any
condition or qualification the President
may see fit.
 Amnesty- is an act of the sovereign
power granting oblivion or a general
pardon.
 Treaty- may be defined as a compact
made between two or more states.
DISTINGUISHED FROM INTERNATIONAL
AGREEMENT AND EXECUTIVE AGREEMENT:
 International agreement- excludes
agreements entered into between states
and international organizations.
 Executive agreement- traditionally
recognized in the Philippines to be well
within the prerogative of the President to
make without need for legislative
concurrence.
STEPS IN TREATY-MAKING:
 Negotiation- the President alone has
the sole authority.
 Approval or ratification- no treaty or
international agreement shall be valid
and effective unless concurred in by at
least 2/3 of all members of the Senate.
o The President shall submit to the
Congress within 30 days from the
opening of every regular session.
o President shall address the Congress at
the opening of its regular session.
ARTICLE VIII- THE JUDICIAL DEPARTMENT disputes arising from legal
1. Judicial Power rights.
 It is the authority to settle b. Courts cannot exercise judicial
justiciable controversies or power when there is no
disputes involving rights that are applicable law.
enforceable and demandable
before the courts of justice or the
redress of wrongs for violation of
such rights.
 It includes the duty of the courts
of justice settle actual
controversies involving rights
which are legally demandable
and enforceable, and to
determine whether or not there
has been a grave abuse of
discretion amounting to lack or
excess of jurisdiction on the part
of any branch or instrumentality
of the government.
2. Power of Judicial Review
 It is the Supreme Court’s power
to declare a law, treaty,
international or executive
agreement, presidential decree,
proclamation, order, instruction,
ordinance, or regulation
unconstitutional.
 This does not make the Supreme
Court superior to Congress and
the President. It shows the
superiority of the Constitution
over all.
3. Other basic concepts
a. Role of legislature in the judicial
process
 Although judicial power is
vested in the judiciary, the
proper exercise of such
power requires prior
legislative action: (1)
defining such enforceable
and demandable rights and
prescribing remedies for
violations of such rights; and
(2) determining the court
with jurisdiction to hear and
decide controversies or