33598921-constitutional-law-reviewer.doc

8/11/2019 33598921-Constitutional-Law-Reviewer.doc

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P O L I T I C A L L A W ( C O N S T I T U T I O N A L L A W )REVIEWER & MEMORY AID

ATENEOCENTRALBAROPERATIONS2001Louie, Carrie, Evelyn, Thel, Gem, Ronald

ARTICLE I THE NATIONAL TERRITORY

The national territory of the Philippines comprises:

1. The Philippine archipelago2. With all the islands and waters embraced therein3. And all other territories over which the Philippines has sovereignty or

jrisdiction!. "onsisting of its

a. Terrestrialb. Flvial# and CODE: TFAc. Aerial domains

$. %nclding itsa. Territorial sea

b. The seabedc. The sbsoil CODE: TSSIOd. The inslar shelves# ande. The ther sbmarine areas

&. The watersa. Arondb. Between andc. Connectingd. The islands of the archipelago CODE: ABCI

'egardless of their breadth and dimensions(orm part of the %)T*')A+ WAT*', of the Philippines

D!"i#i$i# " A%'i!*+

An archipelago is a body of water stdded with islands. The Philippine archipelagois that body of water stdded with islands which is delineated in the Treaty of Paris-1/0 as amended by the Treaty of Washington -1/0 and the Treaty of reat 4ritain-1/30.

D!"i#i$i# " ,* $'!% $!%%i$%i!s -!% .'i' $'! P'iii#!s '*s s-!%!i+#$/ %%isi$i#3

%t incldes any territory that presently belongs or might in the ftre belong to thePhilippines throgh any of the internationally accepted modes of ac5iring territory.

A%'i!*+i %i#i!Two elements:

1. The definition of internal waters -as provided above0#2. The straight baseline method of delineating the territorial sea 6 consists of

drawing straight lines connecting appropriate points on the coast withotdeparting to any appreciable e7tent from the general direction of the coast.

I4%$*#$ is$*#!s .i$' %!s!$ $ $'! .*$!%s *%# $'! P'iii#!s

1. Territorial sea 8 12 natical miles -n.m.02. "ontigos 9one 8 12 n.m. from the edge of the territorial sea3. *7clsive economic 9one 8 2 n.m. from the baseline incldes -10 and -20;

ARTICLE II DECLARATION OF PRINCIPLES AND STATE POLICIES

Selected principles

SEC15 T'! P'iii#!s is * !4%*$i *# %!6i*# S$*$!5 S-!%!i+#$/ %!si!si# $'! !! *# * +-!%#4!#$ *$'%i$/ !4*#*$!s "%4 $'!45


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E!4!#$s " * S$*$! ("% 4#ii* *. %s!s) CODE: PTS7

1. A commnity of persons more or less nmeros -P*


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D!"i#i$i# " ,R!6i*# S$*$!3

%t is one wherein all government athority emanates from the people and is e7ercised byrepresentatives chosen by the people.

D!"i#i$i# " D!4%*$i S$*$!

This merely emphasi9es that the Philippines has some aspects of direct democracy schas initiative and referendm.

SEC5 25 T'! P'iii#!s %!##!s .*% *s *# i#s$%4!#$ " #*$i#* i/8 *$s$'! +!#!%*/ *!$! %i#i!s " i#$!%#*$i#* *. *s *%$ " $'! *. " $'! *#*# *'!%!s $ $'! i/ " !*!8 !9*i$/8 s$i!8 "%!!48 !%*$i#8 *#*4i$/ .i$' * #*$i#s5

i# " .*% %!##! 6/ $'! P'iii#!s

The Philippines only renoncesGGRESS$)E war as an instrment of national policy.%t does not renonce defensive war.

S4! ;+!#!%*/ *!$! %i#i!s " i#$!%#*$i#* *.; %!+#is%!4*/ *s! (1s$s!#$!#!)

1. "ivilian athority simply means the spremacy of the law becase athority nderor constittional system can only come from law.

2. Cnder this clase the soldier renonces political ambition.

M*%? " s-!%!i+#$/ (2#*# =%s!#$!#!s)

1. Positively this clase singles ot the military as the gardian of the people and of theintegrity of the national territory and therefore ltimately of the majesty of the law.

2. )egatively it is an e7pression of disapproval of military abses.

SEC@5 T'! %i4! $/ " $'! 7-!%#4!#$ is $ s!%-! *# %$!$ $'! !!5 T'!7-!%#4!#$ 4*/ * # $'! !! $ !"!# $'! S$*$! *#8 i# $'! ""i4!#$$'!%!"8 * i$i

SEC5 5 T'! 4*i#$!#*#! " !*! *# %!%8 $'! %$!$i# " i"!8 i6!%$/ *#%!%$/8 *# $'! %4$i# " $'! +!#!%* .!"*%! *%! !ss!#$i* "% $'! !#/4!#$6/ * $'! !! " $'! 6!ssi#+s " !4%*/5

SEC5 5 T'! s!*%*$i# " C'%' *# S$*$! s'* 6! i#-i*6!5


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Selected state policies

SEC5 5 T'! S$*$! s'* %s! *# i#!!#!#$ "%!i+# i/5 I# i$s %!*$i#s .i$'$'!% s$*$!s8 $'! *%*4#$ #si!%*$i# s'* 6! #*$i#* s-!%!i+#$/8 $!%%i$%i*i#$!+%i$/8 #*$i#* i#$!%!s$8 *# $'! %i+'$ $ s!"!$!%4i#*$i#5

SEC5 5 T'! P'iii#!s8 #sis$!#$ .i$' $'! #*$i#* i#$!%!s$8 *$s *# %s!s* i/ " "%!!4 "%4 #!*% .!*#s i# i$s $!%%i$%/5

Policy of freedom from nuclear weapons

1. The policy P'

month of pregnancy cannot be adopted in the Philippines becase the life ofthe nborn is protected from the time of conception.

SEC5 15 T'! S$*$! s'* %$!$ *# *-*#! $'! %i+'$ " $'! !! $ * 6**#!*# '!*$'" !+/ i# *% .i$' $'! %'/$'4 *# '*%4#/ " #*$%!5

1. While the right to a balanced and healthfl ecology is fond nder thedeclaration of Principle and ,tate Policies and not nder the 4ill of 'ights it

does not follow that it is less important than any of the civil and political rightsenmerated in the latter. -


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The 4ill of rights is a declaratory of fndamental principles and of the

basic rights of citi9enship.

%t enmerates some of the private and inalienable rights of the people

and it has been said that the rights protected by the 4ill of 'ights arethose that inhere in the Fgreat and essential principles of liberty and freegovernment.G

The rights in the 4ill of 'ights are sometimes referred to as natral laws

and as being fonded on natral right and jstice.

Any governmental action in violation of the rights declared in the 4ill of

'ights is void so that the provisions of a 4ill of 'ights are self 6 e7ectingto this e7tent# however the legislatre may enact laws to protect and

enforce the provisions of the 4ill of 'ights.

To the law of force rather than the force of law it is necessary to remind

orselves that certain basic rights and liberties are immtable-nchangeable0 and cannot be sacrificed to the transient needs orimperios demands of the rling power. The rle of law mst prevail orelse liberty will perish.

The provisions of the bill of rights are primarily limitations on government

declaring rights that e7ist withot any governmental grant that may notbe ta@en away by government and that government has dty to protect.

The fndamental hman rights conferred by the "onstittion are notabsolte.

The totality of governmental power is contained in the three -30 great

powers: police power power of eminent domain and power of ta7ation.These are inherent powers of government. A constittion can only defineand delimit them and allocate their e7ercise among varios governmentagencies.

BALANCIN7 THE RI7HTS OF PERSONS AND POLICE POWER

(or the proper defense and protection of freedom a political instittion mst

possess power. Dence government becomes the delicate art of balancing the power ofgovernment and the freedom of the governed.

D!"i#i$i# " ,Pi! P.!%3:

10 Power vested in the legislatre20 4y the "onstittion30 To ma@e ordain and establish!0 All manner of wholesome and reasonable laws stattes and ordinances$0 *ither with penalties or withot&0 )ot repgnant to the constittion0 As they shall jdge to be for the good and welfare of the commonwealth and of the

sbjects of the same.

POLICE POWER

The power of promoting the pblic welfare by restraining and reglating

the se of liberty and property.

The power vested in the legislatre by the constittion to ma@e ordain

and establish all manner of wholesome and reasonable laws stattesand ordinance either with penalties or withot not repgnant to theconstittion as they shall jdge to be for the good and welfare of thecommonwealth and of the sbjects of the same.


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The power of the state to reglate liberty and property for the promotion

of the general welfare.

The personEs acts and ac5isitions are hemmed in the police power.

%t is the most essential insistent and the least limitable of powers

e7tending as it does to all the great pblic needs.

Police power rests pon pblic necessity and pon the right of the state

and of the pblic to self 6 protection.

)egatively police power is defined as that inherent and plenary -fll0

power in the ,tate which enables it to prohibit all that is hrtfl to the

comfort safety and welfare of society. -*rmita > ?ayor of ?anila0

8 public health8 public safety8 public morals8 general welfare

SCOPE OF POLICE POWERPolice power rests pon pblic necessity and pon the right of the ,tate and of

the pblic to self 6 protection. (or this reason its scope e7pands and contracts withchanging needs.

POWER OF EPROPRIATION OR POWER OF EMINENT DOMAIN

*nables the state to forcibly ac5ire private property pon payment of

jst compensation for some intended pblic se.

Power of e7propriation is the highest and most e7act idea of property

remaining in the government that may be ac5ired for some pblicprpose throgh a method in the natre of complsory sale to the state.

The provision shold be strictly interpreted against the e7propriator and

liberally in favor of the property owner.

The e7ercise of this power is necessarily in derogation of private rightsand the rle in that case is that the athority mst be strictly constred.

*7cept for police power and power of ta7ation only the power of

e7propriation may be e7ercised by pblic and private corporations.

POWER OF TAATION

The state is able to demand from the members of society their

proportionate share or contribtion in the maintenance of the government.

%mportance of ta7ation derives from the navoidable obligation of the

government to protect the people and e7tend them benefits in the form ofpblic projects and services.

Ri+'$ $ i"!

The constittional protection to life is not jst a protection of the right to be aliveor to the secrity of oneEs limb against physical harm. The right to life is the right to agood life.

Ri+'$ $ i6!%$/

%ncldes that right to e7ist and the right to be free from arbitrary restraint

or servitde.


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The right to enjoy the faclties to which he has been endowed by his"reator sbject only to sch restraints as are necessary for the commonwelfare.

The chief elements to the garantee are the right to contract the right to

choose ones employment the right to labor and the right to locomotion.

)ot only physical liberty bt also intellectal liberty.

Ri+'$ $ %!%$/

Protected property inclde all @inds of property fond in the "ivil "ode. %t

has been deemed to inclde vested rights.

E-ample.1. The right to labor sch that an employee may not be removed withot

giving de process# and2. The right to pblic office.

HEIRARCHY OF RI7HTS: PRIMACY OF HUMAN RI7HTS OVER PROPERTYRI7HTS

The primacy of hman rights over property rights are recogni9ed.

4ecase these freedoms are Fdelicate and vlnerable as well as

spremely precios in or societyG and the Fthreat of sanctions may detertheir e7ercise almost as potently as the actal application of sanctionsGthey Fneed breathing space to srviveG permitting government reglationonly Fwith narrow specificity.G

Property and property rights can be lost throgh prescription# bt hman

rights are imprescriptible. %f hman rights are e7tingished by thepassage of time then the 4ill of 'ights s a seless attempt to limit thepower of government and ceases to be an efficacios shield againsttyranny of officials of majorities of the inflential and powerfl and ofoligarchs.

Property is not a basic right. Property has an intimate relation with life andliberty.

Protection of property was a primary object of the social compact and that

the absence of sch protection cold well lead to anarchy and tyranny.

Property is an important instrment for the preservation and

enhancement of personal dignity.

Property is as important as life and liberty 6 and to protect their -poor0

property is really to protect their life and their liberty.

As!$s " ,D! P%!ss3:

1. Procedural due process 6 refers to the mode of procedre which governmentagencies mst follow in the enforcement and application of laws.

2. Substantive due process6 prohibition against arbitrary laws.

N$!: P'


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R!9isi$!s " PROCEDURAL ! %!ss:

F% GUDICIAL %!!i#+s: CODE: C G N O H

1. A ort or tribnal clothed with jdicial power to hear and determinethe matter before it.

2. Grisdiction mst be lawflly ac5ired over the person of thedefendant or over the property which is the sbject of theproceedings.

3. The defendant mst be given #oticeand anpportnityto be heard.!. Hdgment mst be rendered pon a lawfl'earing.

F% ADMINISTRATIVE %!!i#+s: CODE: H E D S H I P

1. The right to a 'earing which incldes the right to present oneEs caseand sbmit evidence in spport thereof.

2. The tribnal mst consider the !vidence presented.3. The ecision mst have something to spport itself.!. *vidence spporting the conclsion mst be sbstantial.$. The decision mst be based on the evidence presented at the 'earing

or at least contained in the record and disclosed to the partiesaffected.

&. The tribnal or body or any of its jdges mst act on its or his own

independent consideration of the law and facts of the controversy andnot simply accept the views of a sbordinate in arriving at a decision.. The board or body shold in all controversial 5estions render its

decision in sch a manner that the arties to the proceeding can @nowthe varios isses involved and the reasons for the decision rendered.

N$!:1. What is re5ired is not actal hearing bt a real opportnity to be heard.2. The re5irement of de process can be satisfied by sbse5ent de hearing.3. >iolation of de process: when same person reviews his own decision on

appeal.!. )otice and hearing are re5ired in jdicial and 5asi8jdicial proceedings bt

not in the promlgation of general rle.

F% SCHOOL DISCIPLINARY %!!i#+s: CODE: W A I# A D P

1. The stdent mst be informed in .riting of the natre and case ofany accsation against them.

2. The stdent shall have the right to *nswer the charges against himwith the assistance of consel if desired.

3. The stdent has the right to be i#formed of the evidence against him.!. The stdent has the right to *ddce evidence in his own behalf.$. The evidence mst be ly considered by the investigating committee

or official designated by the school athorities to hear and decide thecase.

&. The penalty imposed mst be roportionate to the offense.

N$!:1. The school has a contractal obligation to afford its stdents a fair opportnity

to complete the corse a stdent has enrolled for.2. *7ceptions:3. ,erios breach of discipline# or!. (ailre to maintain the re5ired academic standard.$. Proceedings in stdent disciplinary cases may be smmary# cross8

e7amination is not essential


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I#s$*#!s .'!# '!*%i#+s *%! NOT #!!ss*%/:

1. When administrative agencies are e7ercising their /uasi#legislativefnctions.

2. Abatement of nuisance per se.3. ranting by corts ofprovisional remedies.!. "ases ofpreventive suspension.$. Removalof temporary employees in the government service.&. %ssance of warrants of distraint and0or levy by the 1$R

Commissioner*. Cancellation of the passportof a person charged with a crime.. %ssance of se/uestration orders -considered a provisional remedy0.

/. Hdicial order which prevents an accsed from travelling abroad inorder to maintain the effectivity of the cortEs jrisdiction.1. Suspension of a ban23s operationsby the ?onetary 4oard pon a

prima facie finding of li5idity problems in sch [email protected]$!:1. The right to consel is a very basic re5irement of sbstantive de process

and has to be observed even in administrative and 5asi8jdicial bodies.2. The right to appeal is a s$*$$%/ %i-i!+!that may be e7ercised only in the

manner in accordance with law.

R!9isi$!s " SUBSTANTIVE ! %!ss: CODE: I M

1. The $&TERESTSof the pblic generally as distingished from those of aparticlar class re5ires the interference by the government and2. The %E&Semployed are necessary for the accomplishment of the prpose

and not ndly oppressive pon individals.

R!9i%!4!#$s " * -*i %i#*#!:

1. ?st not contravene the "onstittion or any statte2. ?st not be nfair or oppressive3. ?st not be partial or discriminatory!. ?st not prohibit bt may reglate trade$. ?st be general and consistent with pblic policy

&. ?st not be nreasonable

W'!# is * *. VA7UE

1. When it lac@s "


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S!$i# 25 T'! %i+'$ " $'! !! $ 6! s!%! i# $'!i% !%s#s8 's!s8 *!%s8*# !""!$s *+*i#s$ #%!*s#*6! s!*%'!s *# s!i7!#!%* R!: ,earch and sei9res are nreasonable C)+*,, athori9ed by a validlyissed search warrant or warrant of arrest

R!9isi$!s "% * -*i .*%%*#$: CODE: P G E D

1. %t mst be issed pon P'


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E*4i#*$i# ,UNDER OATH OR AFFIRMATION OF THE COMPLAINANT ANDWITNESSES3

1. The oath re5ired mst refer to the trth of the facts within the personal @nowledgeof the complainant or his witnesses becase the prpose is to convince the jdge ofthe e7istence of probable case -Alvare9 v. "(% &! Phil. 330.

2. The tre test of sfficiency of an affidavit to warrant the issance of a search warrantis whether it has been drawn in sch a manner that perjry cold be charged thereonand affiant be held liable for the damages cased -Alvare9 v. "(%0.

PARTICULARITY OF DESCRIPTION (SEARCH WARRANT)

1. A search warrant may be said to particlarly describe the things to be sei9ed when$'! !s%i$i# $'!%!i# is *s s!i"i *s $'! i%4s$*#!s .i %i#*%i/ *.or

2. When $'! !s%i$i# !%!ss!s * #si# " "*$6 not of law 6 by which thewarrant officer may be gided in ma@ing the search and sei9re or

3. When $'! $'i#+s !s%i6! *%! i4i$! $ $'s! .'i' 6!*% * i%!$ %!*$i# $$'! ""!#s!for which the warrant is being issed -1ache and Co* v* Rui5 3 ,"'A230.

GOHN DOE WARRANT

A FHohn BoeG warrant can satisfy the re5irement of particlarity of description if it

contains a descriptio personaesch as will enable the officer to identify the accsed-People v* )eloso ! Phil. 1$/0

7ENERAL WARRANT

A general warrant is one that does not allege any specific acts or omissions constittingthe offense charged in the application for the issance of the warrant. %t contravenes thee7plicit demand of the 4ill of 'ights that the things to be sei9ed be particlarly described.

VALID WARRANTLESS SEARCH

1. ,earch made as an incident to lawfl arrest

A. An officer ma@ing an arrest may ta@e from the person arrested:i. Any money or property fond pon his person which was sed in the

commission of the offense orii. Was the frit thereof or iii. Which might frnish the prisoner with the means of committing

violence or escaping oriv. Which may be sed in evidence in the trial of the case

4. The search mst be made simltaneosly with the arrest and it may only bemade in the area within the reach of the person arrested

2. ,earch of moving vehicles

A. This e7ception is based on e7igency. Ths if there is time to obtain a warrantin order to search the vehicle a warrant mst first be obtained.

4. The search of a moving vehicle mst be based on probable case.

3. ,ei9re of goods concealed to avoid cstoms dtiesKathori9ed nder the Tariffs and"stoms "ode

A. The Tariffs and "stoms "ode athori9es persons having police athoritynder the "ode to effect search and sei9res withot a search warrant toenforce cstoms laws.

4. *7ception: A search warrant is re5ired for the search of a dwelling hose.


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". ,earches nder this e7ception inclde searches at borders and ports of entry.,earches in these areas do not re5ire the e7istence of probable case


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!. ,ei9re of evidence in plain view

A. To be a valid warrantless search the articles mst be open to the eye andhand.

4. The peace officer comes pon them inadvertently.

$. Waiver of right

A. 'e5isites of a valid waiver:

i. The right e7ists.ii. The person had actal or constrctive @nowledge of the e7istence of

sch right.iii. There is an actal intention to relin5ish sch right.

4. The right against nreasonable searches and sei9res is a personal right.Ths only the person being searched can waive the same.

". Waiver re5ires a positive act from the person. ?ere absence of opposition isnot a waiver.

B. The search made prsant to the waiver mst be made within the scope ofthe waiver.

N$!:1. "hec@points: as long as the vehicle is neither searched nor its occpants

sbjected to a body search and the inspection of the vehicle is limited to avisal search L valid search -)almonte )* 'e )illa0

2. "arroll rle: warrantless search of a vehicle that can be 5ic@ly moved ot ofthe locality or jrisdiction3. The 1/ "onstittion has retrned to the 1/3$ rle that warrants may be

issed only by jdges bt the "ommissioner of %mmigration may order thearrest of an alien in order to carry ot a (%)A+ deportation order.

VALID WARRANTLESS ARRESTS

1. When the person to be arrested has committed is actally committing or is abot tocommit an offense in the presence of the arresting officer.

2. When an offense has in fact jst been committed and the arresting officer has

personal @nowledge of facts indicating that the person to be arrested has committedit.

3. When the person to be arrested is a prisoner who has escaped from a penalestablishment or place where he is serving final jdgment or temporarily confinedwhile his case is pending or has escaped while being transferred from oneconfinement to another.

!. Waiver of an invalid arrest:

When a person who is detained applies for bail he is deemed to have waived anyirreglarity which may have occrred in relation to his arrest.

$. Dot prsit

A. The prsit of the offender by the arresting officer mst be continos from thetime of the commission of the offense to the time of the arrest.

4. There mst be no spervening event which brea@s the continity of the chase.


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&. ,top and fris@

When a policeman observes sspicios activity which leads him to believe that acrime is abot to be committed he can investigate the sspicios loo@ing person andmay fris@ him for weapons as a measre of self8protection. ,hold he find howevera weapon on the sspect which is nlicensed he can arrest sch person then andthere for having committed an offense in the officerEs presence.

S!$i# =5 (1) T'! %i-*/ " 44#i*$i# *# %%!s#!#! s'* 6!i#-i*6! !!$ # *." %!% " $'! %$8 % .'!# 6i s*"!$/ %%!% %!9i%!s $'!%.is! *s %!s%i6! 6/ *.5

(2) A#/ !-i!#! 6$*i#! i# -i*$i# " $'is % $'! %!!i#+ s!$i# s'* 6!i#*4issi6! "% *#/ %s! i# *#/ %!!i#+s5

'.A. !2 -Anti8Wiretapping Act0

1. The law does not distingish between a party to the private commnication or a thirdperson. Dence both a party and a third person cold be held liable nder '.A. !2if they commit any of the prohibited acts nder '.A. !2 -'amire9 v. "a0

2. The se of a telephone e7tension to overhear a private conversation is not a violationof '.A. !2 becase it is not similar to any of the prohibited devices nder the law.

Also a telephone e7tension is not prposely installed for the prpose of secretlyintercepting or recording private commnication. -aanan v. %A" 1!$ ,"'A 1120

T/!s " 44#i*$i# %$!$!:

+etters messages telephone calls telegrams and the li@e.

Esi#*%/ %!:

Any evidence obtained shall be inadmissible for any prpose in any proceeding.Dowever in the absence of governmental interference the protection againstnreasonable search and sei9re cannot be e7tended to acts committed by privateindividals. -People v* %artin0

S!$i# @5 N *. s'* 6! *ss! *6%i+i#+ $'! "%!!4 " s!!'8 "!%!ssi#8 % " $'! %!ss8 % " $'! %i+'$ " $'! !! !*!*6/ $ *ss!46!*# !$i$i# $'! +-!%#4!#$ "% %!%!ss " +%i!-*#!s5

W'*$ *%! #si!%! %$!$! s!!':

Protected speech incldes every form of e7pression whether oral written tape or discrecorded. %t incldes motion pictres as well as what is @nown as symbolic speech schas the wearing of an armband as a symbol of protest. Peacefl pic@eting has also beeninclded within the meaning of speech.

P%'i6i$i#s #!% S!$i# @

1. Prohibition against P'%


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W'!# %'i6i$i# !s #$ */

a. Bring a war. *7. overnment can prevent pblication abot the nmberKlocationsof its troops -)ear v. ?innesota 23 C, &/0

b.


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25 OBSCENITY

A. Test for obscenity -?iller v. "alifornia0i. Whether the average person applying contemporary commnity

standards wold find that the wor@ ta@en as a whole appeals tothe prrient interest.

ii. Whether the wor@ depicts or describes in a patently offensiveway se7al condct specifically defined by law.

iii. Whether the wor@ ta@en as a whole lac@s serios literary artisticpolitical or scientific vale.

1* Procedure for sei5ure of allegedly obscene publicationsi. Athorities mst apply for issance of search warrant.ii. "ort mst be convinced that the materials are obscene. Apply

clear and present danger test.iii. Hdge will determine whether they are in fact FobsceneG.iv. Hdge will isse a search warrant.v. Proper action shold be filed nder Art. 21 of the 'P".vi. "onviction is sbject to appeal.

Ri+'$ " Ass!46/ *# P!$i$i#

1. The standards for allowable impairment of speech and press also apply to the rightof assembly and petition.

2. 'les on assembly in pblic places:

i. Applicant shold inform the licensing athority of the date the pblicplace where and the time when the assembly will ta@e place.

ii. The application shold be filed ahead of time to enable the pblic officialconcerned to appraise whether there are valid objections to the grant ofthe permit or to its grant bt in another pblic place. The grant or refsalshold be based on the application of the "lear and Present Banger Test.

iii. %f the pblic athority is of the view that there is an imminent and gravedanger of a sbstantive evil the applicants mst be heard on the matter.

iv. The decision of the pblic athority whether favorable or adverse mstbe transmitted to the applicants at the earliest opportnity so that theymay if they so desire have recorse to the proper jdicial athority.

3. 'les on assembly in private properties:


17/92

1



Dis$i#$i# 6!$.!!# $'! *s!s (School District v. Schempp, =@ US 20=)

1. The ##!s$*6is'4!#$ *s! does not depend pon any showing of directgovernmental complsion. %t is violated by the enactment of laws which establish anofficial religion whether those laws operate directly to coerce non8observingindividals or not. The test of compliance with the non8establishment clase can bestated as follows: What are the prposes and primary effect of the enactmentM %feither is the advancement or inhibition of religion the law violates the non8establishment clase. Ths in order for a law to comply with the non8establishmentclase two re5isites mst be met. (irst it has a seclar legislative prpose.,econd its primary effect neither advances nor inhibits religion.

2. The "%!! !!%is! " %!i+i# *s! withdraws from legislative power the e7ertionof any restraint on the free e7ercise of religion. %n order to show a violation of this

clase the person affected mst show the coercive effect of the legislation as itoperates against him in the practice of his religion. While the freedom to believe-non8establishment0 is absolte the moment sch belief flows over into action itbecomes sbject to government reglation.

R!9isi$!s "% +-!%#4!#$ *i $ 6! *.*6!:

1. %t mst have a seclar legislative prpose#2. %t mst have a primary effect that neither advances nor inhibits religion#3. %t mst not re5ire e7cessive entanglement with recipient instittions.

S!$i# 5 T'! i6!%$/ " *6! *# " '*#+i#+ $'! s*4! .i$'i# $'! i4i$s

%!s%i6! 6/ *. s'* #$ 6! i4*i%! !!$ # *." %!% " $'! %$5N!i$'!% s'* $'! %i+'$ $ $%*-! 6! i4*i%! !!$ i# $'! i#$!%!s$ " #*$i#*s!%i$/8 6i s*"!$/ % 6i '!*$'8 *s 4*/ 6! %-i! 6/ *.5

Ri+'$s +*%*#$!! #!% S!$i# :

1. (reedom to choose and change oneEs place of abode.2. (reedom to travel within the contry and otside.

C%$*i4!#$ " %i+'$s:

'%DT ?A))*'

1. 'ight to information on matters of pblic concern2. 'ight of access to official records and docments


18/92

1



P!%s#s !#$i$! $ $'! *6-! %i+'$s

10 The national governmenta. "ongressb. *7ective prsant to legislation enacted by "ongress

20 +ocal government nits prsant to an ordinance enacted by their respectivelegislative bodies -nder +"0

30 Pblic tilities as may be delegated by law.

W'!# is $'! !!%is! " $'! .!% " !4i#!#$ 4*i# #!!ss*%/

%t is only necessary when the owner does not want or opposes the sale of his property.Ths if a valid contract e7ists between the government and the owner the governmentcannot e7ercise the power of eminent domain as a sbstitte to the enforcement of thecontract.

E!4!#$s " $'! .!% " !4i#!#$ 4*i#

10 There is a TAN%) of private property20 Ta@ing is for PC4+%" C,*30 Payment of HC,T "


19/92

1/



"TAKING"

A5 E!4!#$s: CODE: E P A P O

1. The !7propriator enters the property2. The entrance mst not be for a momentary period i.e. it mst be ermanent3. *ntry is made nder warrant or color of legal *thority!. Property is devoted to pblic se$. Ctili9ation of the property mst be in sch a way as to st the owner and

deprive him of the beneficial enjoyment of his property.

4. "ompensable ta@ing does not need to involve all the property interests whichform part of the right of ownership. When one or more of the property rightsare appropriated and applied to a pblic prpose there is already a

compensable ta@ing even if bare title still remains with the owner.

"PUBLI US!"

1. Pblic se for prposes of e7propriation is synonymos with pblic welfareas the latter term is sed in the concept of police power.

2. *7amples of pblic se inclde land reform and sociali9ed hosing.

"UST #$P!NSATI#N"

1. "ompensation is jst if the owner receives a sm e5ivalent to the mar@et

vale of his property. ?ar@et vale is generally defined as the fair vale ofthe property as between one who desires to prchase and one who desiresto sell.

2. The point of reference se in determining fair vale is the vale at the timethe property was ta@en. Ths ftre potential se of the land is notconsidered in compting jst compensation.

Gii* %!-i!. " $'! !!%is! " $'! .!% " !4i#!#$ 4*i#

1. To determine the ade5acy of the compensation2. To determine the necessity of the ta@ing3. To determine the Opblic seO character of the ta@ing. Dowever if the

e7propriation is prsant to a specific law passed by "ongress the cortscannot 5estion the pblic se character of the ta@ing.

W'!# 4#ii* %!%$/ is $*?!# 6/ $'! S$*$!:

"ompensation is re5ired if the property is a patrimonial property that is propertyac5ired by the mnicipality with its private fnds in its corporate or private capacity.Dowever if it is any other property sch a pblic bildings or lega comnal held by themnicipality for the ,tate in trst for the inhabitants the ,tate is free to dispose of it atwill.

Pi#$ " %!"!%!#! "% -**$i#+ * i!! " %!%$/:

eneral rle: The vale mst be that as of the time of the filing of the complaint fore7propriation.

*7ception: When the filing of the case comes later than the time of ta@ing andmeanwhile the vale of the property has increased becase of the se to which thee7propriator has pt it the vale is that of the time of the earlier ta@ing. 4CT if the valeincreased independently of what the e7propriator did then the vale is that of the latterfiling of the case.


20/92

2



S!$i# 105 N *. i4*i%i#+ $'! 6i+*$i# " #$%*$s s'* 6! *ss!5

W'!# !s * *. i4*i% $'! 6i+*$i# " #$%*$s:

10 %f it changes the terms and conditions of a legal contract either as to the time ormode of performance

20 %f it imposes new conditions or dispenses with those e7pressed30 %f it athori9es for its satisfaction something different from that provided in its terms.

A mere change in P'


21/92

21



W' *%! #$ !#$i$! $ 6*i:

10 Persons charged with offenses PC)%,DA4+* by '*"+C,%


22/92


23/92

23



%&IG)T T# SP!!D*, I$PA&TIAL AND PUBLI T&IAL'

F*$%s s! i# !$!%4i#i#+ .'!$'!% $'! %i+'$ $ * s!!/ $%i* '*s 6!!# -i*$!

10 Time e7pired from the filing of the information20 +ength of delay involved30 'easons for the delay!0 Assertion or non8assertion of the right by the accsed$0 Prejdice cased to the defendant.

E""!$ " is4iss* 6*s! # $'! +%# " -i*$i# " $'! *s!Ks %i+'$ $s!!/ $%i*

%f the dismissal is valid it amonts to an ac5ittal and can be sed as basis to claim

doble jeopardy. This wold be the effect even if the dismissal was made with theconsent of the accsed

R!4!/ " $'! *s! i" 'is %i+'$ $ s!!/ $%i* '*s 6!!# -i*$!

De can move for the dismissal of the case.%f he is detained he can file a petition for the issance of writ of habeas corps.

D!"i#i$i# " i4*%$i* $%i*

The accsed is entitled to the Fcold netrality of an impartial jdgeG.%t is an element of de process.

D!"i#i$i# " 6i $%i*

The attendance at the trial is open to all irrespective of their relationship to the accsed.Dowever if the evidence to be addced is Foffensive to decency or pblic moralsG thepblic may be e7clded.

The right of the accsed to a pblic trial is not violated if the hearings are condcted on,atrdays either with the consent of the accsed or if failed to object thereto.

%&IG)T T# $!!T +ITN!SS (A! T# (A!'

P%s!s " $'! %i+'$:

1. To afford the accsed an opportnity to cross8e7amine the witness2. To allow the jdge the opportnity to observe the deportment of the witness

F*i%! " $'! *s! $ %ss!*4i#! * .i$#!ss

%f the failre of the accsed to cross8e7amine a witness is de to his own falt or was notde to the falt of the prosection the testimony of the witness shold be e7clded.

W'!# $'! %i+'$ $ %ss!*4i#! is !4*#*6!

%t is demandable only dring trials. Ths it cannot be availed of dring preliminaryinvestigations.

P%i#i* !!$i#s $ $'! %i+'$ " #"%#$*$i#

1. The admissibility of Fdying declarationsG2. Trial in absentia nder ,ection 1!-203. With respect to child testimony


24/92

2!



S!$i# 15 A !%s#s s'* '*-! $'! %i+'$ $ * s!!/ issi$i# " $'!i% *s!s6!"%! * ii*8 9*siii*8 % *4i#is$%*$i-! 6i!s5

Dis$i#$i# 6!$.!!# S!$i# 1@ *# S!$i# 1

While the rights of an accsed only apply to the trial phase of criminal cases the right toa speedy disposition of cases covers A++ phases of HCB%"%A+ JCA,%8HCB%"%A+ or

AB?%)%,T'AT%>* proceedings.

S!$i# 15 N !%s# s'* 6! 4!! $ 6! * .i$#!ss *+*i#s$ 'i4s!"5

W'!# is * 9!s$i# i#%i4i#*$i#+:

A 5estion tends to incriminate when the answer of the accsed or the witness wold

establish a fact which wold be a necessary lin@ in a chain of evidence to prove thecommission of a crime by the accsed or the witness.

Dis$i#$i# 6!$.!!# *# *s! *# *# %i#*%/ .i$#!ss

1. An accsed can refse to ta@e the witness stand by invo@ing the right against self8incrimination.

2. An ordinary witness cannot refse to ta@e the stand. De can only refse to answerspecific 5estions which wold incriminate him in the commission of an offense.

S! " %i+'$

1. What is P'


25/92

2$



S!$i# 1J5 P%'i6i$i# *+*i#s$ %!8 !+%*i#+ *# i#'4*# #is'4!#$

W'!# is * !#*$/ ,%!8 !+%*i#+ *# i#'4*#3

1. A penalty is crel and inhman if it involves tortre or lingering sffering. *7. 4eingdrawn and 5artered.

2. A penalty is degrading if it e7poses a person to pblic hmiliation. *7. 4eing tarredand feathered then paraded throghot town.

S$*#*%s s!:

1. The pnishment mst not be so severe as to be degrading to the dignity of hmanbeings.

2. %t mst not be applied arbitrarily.

3. %t mst not be nacceptable to contemporary society!. %t mst not be e7cessive i.e. it mst serve a penal prpose more effectively than aless severe pnishment wold.

E!ssi-! "i#!

A fine is e7cessive when nder any circmstance it is disproportionate to the offense.

)ote: (r. 4ernas says that the accsed cannot be convicted of the crime to which thepnishment is attached if the cort finds that the pnishment is crel degrading orinhman.'eason: Withot a valid penalty the law is not a penal law.

S!$i# 205 N !%s# s'* 6! i4%is#! "% !6$ % ##*/4!#$ " * $*5

D!"i#i$i# " !6$ #!% S!$i# 20

10 Bebt refers to a "


26/92

2&



W'!# !s !*%/ NOT *$$*':

10 %f information does not charge any offense20 %f pon pleading gilty the accsed presents evidence of complete self8defense

and the cort thereafter ac5its him withot entering a new plea of not gilty foraccsed.

30 %f the information for an offense cogni9able by the 'T" is filed with the ?T".!0 %f a complaint filed for preliminary investigation is dismissed.

W'!# !s "i%s$ !*%/ TERMINATE: (2NDREUISITE)

10 Ac5ittal20 "onviction30 Bismissal WK< the *IP'*,, consent of the accsed

!0 Bismissal on the merits.

E*4!s " $!%4i#*$i# " !*%/:

10 Bismissal based on violation of the right to a speedy trial. This amonts to anac5ittal.

20 Bismissal based on a demrrer to evidence. This is a dismissal on the merits.30 Bismissal on motion of the prosection sbse5ent to a motion for reinvestigation

filed by the accsed.!0 Bischarge of an accsed to be a state witness. This amonts to an ac5ittal.

W'!# *# $'! PROSECUTION *!* "%4 *# %!% " is4iss*:

10 %f dismissal is on motion of the accsed. *7ception: %f motion is based on violationof the right to a speedy trial or on a demrrer to evidence.

20 %f dismissal does )


27/92

2



20 Cnder -10-b0 if the facts cold have been discovered by the prosection bt were notdiscovered becase of the prosectionEs incompetence it wold not be considered a

spervening event.

E""!$ " *!* 6/ $'! *s!:

%f the accsed appeals his conviction he WA%>*, his right to plead doble jeopardy.The whole case will be open to review by the appellate cort. ,ch cort may evenincrease the penalties imposed on the accsed by the trial cort.

S!$i# 225 N ! s$ "*$ *. % 6i " *$$*i#!% s'* 6! !#*$!5

D!"i#i$i# " !s$ "*$ *.5

10

10 Hs ,oli 6 ac5isition of citi9enship on the basis of place of birth20 Hs ,anginis 6 ac5isition of citi9enship on the basis of blood relationship30 )atrali9ation 6 the legal act of adopting an alien and clothing him with the privilege

of a native8born citi9en.


28/92

2



&ote. The Philippines follows -20 and -30

E!$i# " i$i

Prior to the 1/3 "onstittion if a (ilipina married an alien she lost her (ilipinociti9enship. Dence her child wold have to elect (ilipino citi9enship pon reaching theage of majority. Cnder the 1/3 "onstittion however children born of (ilipino motherswere already considered (ilipinos. Therefore the provision on election of citi9enshipnder the 1/ "onstittion only applies to those persons who were born nder the1/3$ "onstittion. %n order for the children to elect (ilipino citi9enship the mothers msthave been (ilipinos at the time of their marriage. ,o if yor mother was a (ilipina whomarried an alien nder the 1/3$ constittion and yo were born before Hanary 11/3 yo can elect (ilipino citi9enship pon reaching the age of majority.

W'!# 4s$ $'! !!$i# 6! 4*!:

The election mst be made within a reasonable period after reaching the age of majority.

E""!$s " #*$%*i10 "iti9ens of the Philippines from birth who do not need to perform any act to ac5ireor perfect their Philippine citi9enship.20 Those who elect Philippine citi9enship nder Art. %> ,ec. 1-30 of 1/ "onstittion.

M*%%i*+! " Fiii# .i$' *# *i!#:

10 General Rule. The (ilipino '*TA%), Philippine citi9enship20 E-ception. %f by their act or omission they are deemed nder the law to have

renonced it.

E*4!s " %!##i*$i# " P'iii#! i$i

)atral8born (ilipinos who are deemed to have lost their citi9enship may re8ac5ire thesame via repatriation proceedings. This involves ta@ing an oath of allegiance and filingthe same with the civil registry.

H. 4*/ #! s! i$i

1. 4y direct act of "ongress2. 4y natrali9ation3. 4y repatriation


29/92

2/



ARTICLE V SUFFRA7E

*i"i*$i#s: CODE: CD1RR

10 Citi9en of the Philippines20 )ot Dis5alified by law30 At least 1years old!0 Resident of the Philippines for at least 1 year$0 Resident of the place wherein heKshe proposes to vote for at least & months

immediately preceding the election.

&ote. )< literacy property or other sbstantive re5irement can be imposed on thee7ercise of sffrage.

R!si!#/ %!9i%!4!#$

Residency, under rticle ) has : senses.

1. '"%$C$LE 6 This is in reference to the 1 year residency re5irement in thePhilippines.2. T*?P


30/92

3



2. Procedral 6 limitations on the manner of passing laws. *.g. generally a bill mst gothrogh three readings on three separate days.

N$!:Provided that these two limitations are not e7ceeded "ongressE legislative poweris plenary.

C%*%i!s " !+is*$i-! .!%:

1. "ongress cannot pass irrepealable laws. ,ince "ongressE powers are plenary andlimited only by the "onstittion any attempt to limit the powers of ftre "ongressesvia an irrepealable law is not allowed.

2. "ongress as a general rle cannot delegate its legislative power. ,ince the people

have already delegated legislative power to "ongress the latter cannot delegate itany frther.

ECEPTIONS:

1. Belegation of legislative power to local government nits#2. %nstances when the "onstittion itself allows for sch delegation see Art. >% ,ec.

23-20;

W'*$ 4*/ C#+%!ss !!+*$!:

"ongress can only delegate sally to administrative agencies 'C+*8?AN%)

P


31/92

31



S!$i#s 5 HOUSE OF REPRESENTATIVES

C4si$i#:

1. )ot more than 2$ members nless otherwise fi7ed by law# and2. Party8list 'epresentatives

E!$i# " 20 4!46!%s

1. They shall be elected from legislative districts apportioned among the provincescities and the ?etropolitan ?anila area.

2. +egislative districts are apportioned in accordance with the nmber of inhabitants ofeach area and on the basis of a niform and progressive ratio.

a. *ach district shall comprise as far as practicable contigos compact andadjacent territory#b. *ach city with at least 2$ inhabitants will be entitled to at least one

representative.c. *ach province will have at least one representative.d. +egislative districts shall be re8apportioned by "ongress within 3 years after

the retrn of each censs. According to Hac@ however while theapportionment of districts is )olntary rennciation of office for any length of time shall not be considered as aninterrption in the continity of his service for the fll term for which he was elected.

T!%4 Li4i$*$i#s

)o member of the Dose of 'epresentatives shall serve for more than three -30consective terms.

Dis$i#$i#s 6!$.!!# T!%4 *# T!#%!

1. Befinition

a. Terms means the period dring which the elected officer is legally athori9edto assme his office and e7ercise the powers thereof.

b. Tenre is the actal period dring which sch officer actally holds hisposition.

2. +imitationKPossible 'edctiona. Term "A))ice8President0 isvalid as it only affects the officers tenre and )


32/92

32



P*%$/Lis$ R!%!s!#$*$i-!s

1. "onstitte 2Q of the total nmber of representatives inclding those nder theparty8list system -ths a ma7imm of $ party8list members of the Dose0

2. Dowever for 3 consective terms from 2 (ebrary 1/ -i.e. the 1/8/2 /28/$ and/$8/ terms0 2$ seats shall be allotted to sectoral representatives. Cnder Art. I>%%%,ec. the sectoral representatives are to be appointed by the President ntillegislation otherwise provides.

3. ?echanics of the party8list system:a. 'egistered organi9ations sbmit a list of candidates in order of priority.b. Bring the elections these organi9ations are voted for at large.c. The nmber of seats that each organi9ation gets ot of the 2Q allotted to

the system depends on the nmber of votes they get.

!. Jalifications

a. )atral born citi9en of the Philippinesb. At least 2$ years of age on the day of the electionc. Able to read and write

SEC5 J5 I# *s! " -**#/ i# $'! S!#*$! % i# $'! Hs! " R!%!s!#$*$i-!s8 *SPECIAL ELECTION 4*/ 6! *! $ "i s' -**#/ i# $'! 4*##!% %!s%i6!6/ *.8 6$ $'! S!#*$% % M!46!% " $'! Hs! " R!%!s!#$*$i-!s $'s !!$!s'* s!%-! #/ "% $'! #!i%! $!%45

SEC5 105 S**%i!s " S!#*$%s *# M!46!%s " $'! Hs!

D!$!%4i#*$i# " S**%i!s:

,alaries of ,enators and ?embers of the Dose of 'epresentatives shall be determinedby law.

R! # i#%!*s! i# s**%i!s:

)o increase in their salaries shall ta@e effect ntil after the *IP%'AT%


33/92

33



b. +imitation on the privilege:

-i0 Protection is only against form other than "ongress itself. Ths forinflammatory remar@s which are otherwise privileged a member may besanctioned by either the ,enate or the Dose as the case may be.

-ii0 The speech or debateE mst be made in performance of their dties asmembers of "ongress. This incldes speeches delivered statementsmade votes cast as well as bills introdced and other activities done inperformance of their official dties.

-iii0 "ongress need )


34/92

3!



S!i* S!ssi#s:

"alled by the President at any time when "ongress is not in session.

SEC5 15 O""i!%s:

1.0 ,enate President#2.0 ,pea@er of the Dose# and3.0 *ach Dose may choose sch other officers as it may deem necessary.

E!$i# " O""i!%s

4y a majority vote of all respective members.

%4 $ 6si#!ss:1. ?ajority of each Dose shall constitte a 5orm.2. A smaller nmber may adjorn from day to day and may compel the attendance of

absent members.3. %n compting a 5orm members who are otside the contry and ths otside of

each DoseEs coercive jrisdiction are not inclded.

I#$!%#* R!s:

1. *ach Dose shall determine its own procedral rles.2. ,ince this is a power vested in "ongress as part of its inherent powers nder the

principle of separation of powers the corts cannot intervene in the implementation

of these rles insofar as they affect the members of "ongress.3. Also since "ongress has the power to ma@e these rles it also has the power toignore them when circmstances so re5ire.

Disii#!:

1.0 ,spensiona. "oncrrence of 2K3 of A++ its members andb. ,hall not e7ceed & days.

2.0 *7plsiona. "oncrrence of 2K3 of A++ its members.

C#+%!ssi#* G%#*s *# R!%s:

1.0 The Hornal is conclsive pon the corts.2.0 4CT an enrolled bill prevails over the contents of the Hornal.3.0 An enrolled bill is the official copy of approved legislation and bears the certifications

of the presiding officers of each Dose. Ths where the certifications are valid andare not withdrawn the contents of the enrolled bill are conclsive pon the corts asregards the provision of that particlar bill.

A%#4!#$s:

1.0 )either Dose can adjorn for more than 3 days dring the time "ongress is insession withot the consent of the other Dose.

2.0 )either can they adjorn to any other place than that where the two hoses aresitting withot the consent of the other.

S!$i# 1: THE ELECTORAL TRIBUNAL

T'! S!#*$! *# $'! Hs! s'* !*' '*-! *# E!$%* T%i6#* .'i' s'* 6!4s! ":

1. 3 ,preme "ort Hstices to be designated by the "hief Hstice# R2. & ?embers of the ,enate or Dose as the case may be.The senior Hstice in the *lectoral Tribnal shall be its "hairman.


35/92

3$



)ote: The congressional members of the *TEs shall be chosen on the basis ofproportional representation from the political parties and party8list organi9ations.

G%isi$i#:

1.0 *ach *T shall be the sole jdge of all "A$i#

1.0 The chairman shall only vote in case of a tie.2.0 The "A shall act on all appointments within 3 session days from their sbmission to

"ongress.3.0 The "ommission shall rle by a majority vote of all the ?embers.


36/92


37/92

3



$. The power to pnish for contempt is inherent in "ongress and this power is sigeneris. %t cannot be e7ercised by local government nits nless they are e7pressly

athori9ed to do so.

Li4i$*$i#s:

1. The in5iry mst be condcted in accordance with the dly pblished rles ofprocedreE of the Dose condcting the in5iry# and

2. The rights of persons appearing in or affected by sch in5iries shall be respected.*7. The right against self8incrimination.

A!*%*#! 6/ !*%$4!#$ '!*s 6!"%! C#+%!ss:

1. ,ince members of the e7ective department are co8e5als with those of thelegislative department nder the principle of separations of powers departmentheads cannot be compelled to appear before "ongress. )either may thedepartment heads impose their appearance pon "ongress.

2. Bepartment heads may appear before "ongress in the following instances:

a. Cpon their own initiative with the consent of the President -and that of theDose concerned0# or

b. Cpon the re5est of either Dose -which cannot compel them to attend0

3. The appearance will be condcted in *I*"CT%>* ,*,,%oting separately

E4!%+!#/ .!%s:

1. Bring times of war or other national emergency "ongress may 4= +AW athori9ethe President to e7ercise powers necessary and proper to carry ot a declarednational policy.

2. +imitations:a. Powers will be e7ercised for a limited period only# andb. Powers will be sbject to restrictions prescribed by "ongress

3. *7piration of emergency powersa. 4y resoltion of "ongress orb. Cpon the ne7t adjornment of "ongress

S!$i#s 2@28 =0=1 LE7ISLATION

Bis $'*$ 4s$ %i+i#*$! "%4 $'! Hs! " R!%!s!#$*$i-!s (S!$i# 2@)CODE: A R T P L P

1. Appropriation bills2. Revene bills3. Tariff bills!. 4ills athori9ing the increase of blic debt$. 4ills of cal application&. Private bills


38/92

3



)ote: The ,enate may however propose or concr with amendments.

A%%i*$i# 6is

1. The primary and specific aim of an appropriation bill is to appropriate a sm ofmoney from the pblic treasry.

2. Ths a bill enacting the bdget is an appropriations bill.

3. 4CT: A bill creating a new office and appropriating fnds therefor is )ideogram 'eglatory 4oard law imposing a ta7 on video rentals does not ma@ethe law a revene bill.

Bis " * *i*$i#

A bill of local application sch as one as@ing for the conversion of a mnicipality into acity is deemed to have originated from the Dose provided that the bill of the Dose wasfiled prior to the filing of the bill in the ,enate even if in the end the ,enate approved its

own version.

Li4i$*$i#s:

1. (or appropriation bills:

a. "ongress cannot increase the appropriations recommended by the President forthe operation of the overnment as specified in the bdget.

b. *ach provision or enactment in the eneral Appropriations 4ill mst relatespecifically to some particlar appropriation therein and any sch provision orenactment mst be limited in its operation to the appropriation to which it relates.

c. The procedre in approving appropriations for "ongress shall strictly follow theprocedre for approving appropriations for other departments and agencies.

d. A special appropriations bill mst specify the prpose for which it is intended andmst be spported by fnds actally available as certified by the )ationalTreasrer or to be raised by a corresponding revene proposal therein.

e. Transfer of appropriations:

i. 'le: )o law shall be passed athori9ing any transfer of appropriationsii. 4CT the following may 4= +AW be athori9ed to AC?*)T any item in

the general appropriations law for their respective offices from savings inother items of their respective appropriations

- President- President of the ,enate- ,pea@er of the Dose of 'epresentatives- "hief of Hstice of the ,preme "ort- Deads of the "onstittional "ommissions

f. Biscretionary fnds appropriated for particlar officials shall be:i. Bisbrsed only for pblic prposes#ii. ,hold be spported by appropriate vochers# andiii. ,bject to gidelines as may be prescribed by law.


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g. %f "ongress fails to pass eneral Appropriations 4ill -A40 by the end of anyfiscal year:

i. The A4 for the previos year is deemed reenactedii. %t will remain in fll force and effect ntil the A4 is passed by "ongress.

2. (or law granting ta7 e7emption

%t shold be passed with the concrrence of a ?AHote shallbe ta@en immediately thereafter and the yeas and nays entered in the jornal.

V!$ .!% " P%!si!#$:

1. *very bill in order to become a law mst be presented to and signed by thePresident.

2. %f the President does not approve of the bill he shall veto the same and retrn it withhis objections to the Dose from which it originated. The Dose shall enter theobjections in the Hornal and proceed to reconsider it.

3. The President mst commnicate his decision to veto within 3 days from the dateof receipt thereof. %f he fails to do so the bill shall become a law as if he signed it.

!. This rle eliminates the poc@et vetoE whereby the President wold simply refse toact on the bill.

$. To *''%B* the veto at least 2K3 of A++ the members of each Dose mst agreeto pass the bill. %n sch case the veto is overriden and becomes a law withotneed of presidential approval.


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&. %tem veto

a. The President may veto particlar items in an appropriation revene or tariff bill.

b. This veto will not affect items to which he does not object.

c. Befinition of item

TYPE OF BILL ITEM1. 'eveneKta7 bill ,bject of the ta7 and the ta7 rate imposed thereon2. Appropriations bill %ndivisible sm dedicated to a stated prpose

d. >eto of '%B*'

1. A rider is a provision which does not relate to a particlar appropriation statedin the bill.2. ,ince it is an invalid provision nder ,ection 2$-20 the President may veto it

as an item.

S!i"i i4i$*$i#s # !+is*$i#

1. )o law shall be enacted increasing the ,preme "ortEs appellate jrisdictionwithot the ,"Es advice and concrrence.

2. )o law shall be enacted granting titles of royalty or nobility.

S!$i# 25 POWER TO TA

Li4i$*$i#s:

10 The rle of ta7ation shold be C)%(


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20 All revenes and assets of )


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ARTICLE VII5 THE EECUTIVE DEPARTMENT

S!$i# 15 EECUTIVE POWER

S!:

10 *7ective power is vested in the President of the Philippines.

20 The scope of this power is set forth in Art. >%% of the "onstittion. 4t this power isnot limited to those set forth therein. The ," in ?arcos v. ?anglaps referred tothe '*,%BCA+ powers of the President as the "hief *7ective of the contry whichpowers inclde others not set forth in the "onstittion. *IA?P+*: The President isimmne from sit and criminal prosection while he is in office.

30 Privilege of immnity from sit is personal to the President and may be invo@ed byhim alone. %t may also be waived by the President as when he himself files sit.

!0 4CT The President "A))


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T!%4 " O""i!

1) P%!si!#$

a0 & years beginning at noon on 3 Hne immediately following the election andending at noon on the same day & years later.

b0 Term limitation: ,ingle term only# not eligible for any reelection.

c0 Any person who has scceeded as President and served as sch for more than! years shall )olntary rennciation of the office for any length of time is )ice8President waselected.

S!$i# 5 SALARIES AND EMOLUMENTS

10 P8elect will be Acting President ntil

someone is 5alifiedKchosen as President.President8elect dies or is permanentlydisabled.

>P becomes President.

4oth President and >P8elect are notchosen or do not 5alify or both die orboth become permanently disabled.

1. ,enate President or2. %n case of his inability the ,pea@er of

the Dose shall act as President ntil aPresident or a >P shall have beenchosen and 5alified.

%n case of death or disability of -10 and -20"ongress shall determine by law who willbe the acting President.

2. >acancies after the office is initially filled:

>A"A)"= ,C""*,,


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30 >acancy in office of >ice8President dring the term for which he was elected:

a0 President will nominate new >P from any member of either Dose of "ongress.

b0 )ominee shall assme office pon confirmation by majority vote of A++ membersof both Doses voting separately. -)ominee forfeits seat in "ongress0

!0 *lection of President and >ice8President after vacancy dring tem

a0 "ongress shall convene 3 days after the vacancy in the office of both thePresident and the >P withot need of a call. The convening of "ongress cannotbe sspended.

b0 Within days after convening "ongress shall enact a law calling for a special

election to elect a President and a >P. The special election cannot bepostponed.

c0 The special election shall be held not earlier than !$ days not later than & daysfrom the time of the enactment of the law.

d0 The 3 readings for the special law need not be held on separate days.

e0 The law shall be deemed enacted pon its approval on third reading.

4CT: )o special election shall be called if the vacancy occrs within 1 monthsbefore the date of the ne7t presidential election.

$0 Temporary disabilityof the President:

The temporary inability of the President to discharge his dties may be raised ineither of two ways:

a0 4y the President himself when he sends a written declaration to the ,enatePresident and the ,pea@er of the Dose. %n this case the >ice8President willbe Acting President ntil the President transmits a written declaration to thecontrary.

b0 When a majority of the "abinet members transmit to the ,enate President

and the ,pea@er their written declaration.

-i0 The >P will immediately be Acting President.

-ii0 4CT: %f the President transmits a written declaration that he is notdisabled he reassmes his position

-iii0 %f within $ days after the President re8assmes his position themajority of the "abinet retransmits their written declaration "ongressshall decide the isse. %n this event "ongress shall reconvene within! hors if it is not in session withot need of a call.

-iv0 Within 1 days after "ongress is re5ired to assemble or 12 days if"ongress is not in session a 2K3 majority of both Doses votingseparately is needed to find the President temporarily disabled inwhich case the >P will be Acting President.

&0 Presidential %llness:

a0 %f the President is seriosly ill the pblic mst be informed thereof.

b0 *ven dring sch illness the )ational ,ecrity Adviser the ,ecretary of(oreign Affairs and the "hief of ,taff of the A(P are entitled to access to thePresident


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S!$i# 1=5 DISUALIFICATIONS,C4H*"T ,


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S!:

The President shall appoint the following:

10 Deads of e7ective departments -"A confirmation needed0:20 Ambassadors other pblic ministers and consls -"A confirmation needed0.30


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Ai#$!%i4 *i#$4!#$s:

10 When "ongress is in recess the President may still appoint officers to positionssbject to "A confirmation.

20 These appointments are effective immediately bt are only effective ntil they aredisapproved by the "A or ntil the ne7t adjornment of "ongress.

30 Appointments to fill an office in an actingE capacity are )


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Disii#*%/ P.!%s:

10 The power of the President to discipline officers flows from the power to appoint theand )


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c. "ongress by majority vote and voting jointly may revo@e the same and thePresident cannot set aside the revocation.

d. %n the same manner at the PresidentEs initiative "ongress can e7tend thesame for a period determined by "ongress if:

i. %nvasion or rebellion persist andii. Pblic safety re5ires it.

)


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Li4i$*$i#s:

1.0 As to scope:

"annot be granted:

a.0 4efore convictionb.0 %n cases of impeachmentc.0 (or violations of election laws rles and reglation withot the favorable

recommendation of the "


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-b0


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!. %n order that corts may e7ercise this power there mst e7ist the following:

a. An actal controversy with legally demandable and enforceable rights#b. %nvolving real parties in interest#c. The e7ercise of sch power will bind the parties by virte of the cortEs

application of e7isting laws.

$. Hdicial power cannot be e7ercised in vacm. Withot any laws from which rightsarise and which are violated there can be no recorse to the corts.

&. The corts cannot be as@ed for advisory opinions.

. Hdicial power incldes:

a. The dty of the corts to settle actal controversies involving rights which arelegally demandable and enforceable# and

b. To determine whether or not there has been a grave abse of discretionamonting to lac@ or e7cess of jrisdiction on the part of any branch orinstrmentality of the government.

Pi$i* !s$i#s:

1. A political 5estionE is one the resoltion of which has been vested by the"onstittion e7clsively in either the people in the e7ercise of their sovereigncapacity or in which fll discretionary athority has been delegated to a co8e5al

branch of the overnment.

2. Ths while corts can determine 5estions of legality with respect to governmentalaction they cannot review government policy and the wisdom thereof for these5estions have been vested by the "onstittion in the *7ective and +egislativeBepartments.

SEC5 25 ROLES OF CON7RESS

1. Befining enforceable and demandable rights and prescribing remedies for violationsof sch rights# and

2. Betermining the cort with jrisdiction to hear and decide controversies or disptes

arising from legal rights.3. Ths "ongress has the power to define prescribe and apportion the jrisdiction ofvarios corts.

!. 4CT "ongress cannot deprive the ,preme "ort of its jrisdiction over casesprovided for in the "onstittion.

$. "reation and abolition of corts:a. The power to create corts implies the power to abolish and even re8

organi9e corts.b. 4CT this power cannot be e7ercised in a manner which wold ndermine

the secrity of tenre of the jdiciary.c. %f the abolitionKre8organi9ation is done in good faith and not for political or

personal reasons then it is >A+%B. -same rle applies for civil servants0

SEC5 =5 FISCAL AUTONOMY

1. The entire jdiciary shall enjoy fiscal atonomy.2. Annal appropriations for the jdiciary cannot be redced below the amont

appropriated for the previos year.3.


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SEC5 105 SALARIES

1. ,alaries of ," Hstices and jdges of lower corts shall be fi7ed by law.2. "annot be decreased dring their continance in office bt can be increased.3. ?embers of the Hdiciary are )DISCIPLINARY POWERS OF SC

1. ?embers of the ," and jdges of the lower corts hold office dring good behaviorntil

a. The age of years old# orb. They become incapacitated to discharge their dties.

2. Bisciplinary action against jdges of lower corts:

a.


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C*s!s '!*% 6/ i-isi#

1. ?st be decided with the concrrence of a majority of the members who too@ part inthe deliberations and voted thereon.

2. ?ajority vote in a division shold be at least 3 members.

P.!%s " $'! SC

1. ," has


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&. Appoint A++ officials and employees of the Hdiciary in accordance with "ivil ,ervice+aw.

. *7ercise administrative spervision over A++ corts and the personnel thereof.

D!isi#s " $'! S%!4! C%$:

1. 'eached in consltation before being assigned to a member for the writing of theopinion.

2. A certification to this effect mst be signed by the "hief Hstice and attached to therecord of the case and served pon the parties.

3. ?embers of the ," who too@ no part or who dissented or abstained mst state thereasons therefore.

)ote: This procedre shall also be observed by all lower collegiate corts -"A "TAand the Sandiganbayan0.

GUDICIAL REVIEW

D!"i#i$i#

1. Hdicial 'eview is the power of the ," to declare a law treaty ordinance etc.nconstittional.

2. +ower corts may also e7ercise the power of jdicial review sbject to the appellatejrisdiction of the ,".

3.


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ARTICLE I THE CONSTITUTIONAL COMMISSIONS

S!$i# 15 C#s$i$$i#* C44issi#s

I#!!#!#$ C#s$i$$i#* C44issi#s:

10 "ivil ,ervice "ommission -","020 "ommission on *lections -"


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30 Power of ,"

a0. The ," may not nder Art. >%%% ,ec. $-$0 e7ercise the power to disapproverles of Ospecial corts and 5asi8jdicial bodies.Ob0. %n proceedings before the "ommissions the rles of the "ommission prevail.

c0. %n proceedings before a cort the 'les of "ort prevail.d0. The ," may however in appropriate cases e7ercise HCB%"%A+ '*>%*W

S!$i# 5 DECISION MAIN7>APPEAL

D!isi#M*?i#+:

10 *ach commission shall decide matter or cases by a majority vote of all the memberswithin & days from sbmission.

"


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S!$i# 25 S!:

The "ivil ,ervice embraces all:

A. branches4. sbdivisions". instrmentalitiesB. agencies of the government*. inclding


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T!#%! (C*ssi"i*$i# " Psi$i#s)

C*%!!% S!%-i! N#C*%!!% S!%-i!1. *ntrance based on merit and fitness tobe determined as far as practicable bycompetitive e7aminations or based onhighly technical 5alifications.

1. *ntrance on bases


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!0 Prohibition does not apply to department secretaries

Ri+'$ $ %+*#i

The right to organi9e does )%% ,ec. 13. They are governed by the stricter prohibitionscontained therein.

S!$i# 5 COMPENSATION

10 Prohibitions: applies to elected or appointed officers and employees

"annot receive:A. Additional 8 an e7tra reward given for the same office i.e. bons4. Boble 8 when an officer is given 2 sets of compensation for 2

different offices held concrrently by 1 officer". %ndirect "ompensation

20 *I"*PT%


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THE COMMISSION ON ELECTIONS

S!$i# 15 COMPOSITION>UALIFICATIONS>TERM

C4si$i#: ()

10"hairman and20"ommissioners -&0

*i"i*$i#s:

10 )atral8born citi9ens of the Philippines#20 At least 3$ years old at the time of appointment30 Dolders of college degrees# and

!0 )ot candidates for any elective position in the immediately preceding elections.$0 ?ajority of the "ommission inclding the "hairman mst be:a0. ?embers of the Philippines 4arb0. *ngaged in the practice of law for at least 1 years: Fany activity in or ot of

cort which re5ires the application of law legal procedre @nowledgetraining and e7perience.G

&0 Appointments sbject to "A approval

T!%4:

10 "hairman 8 yrs# 3 ?embers 8 yrs# 2 ?embers 8 $ yrs# 1 ?ember 8 3 yrs.20 +%?%TAT%


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B. "ontempt powers

1. "


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0 'ecommend to the "ongress effective measres to minimi9e election spendinginclding limitation of places where propaganda materials shall be posted and to

prevent and penali9e all forms of election frads offenses malpractices andnisance candidacies.

0 'ecommend to the President the removal of any officer or employee it hasdepti9ed or the imposition of any other disciplinary action for violation or disregardor or disobedience to its directive order or decision.

/0 ,bmit to the President and the congress a comprehensive report on the condct ofeach election plebiscite initiative referendm or recall.

S!$i# =5 RULES OF PROCEDURE>DECISIONMAIN7

R!s " P%!%!

10 "


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COMELEC *# $'! MEDIA

10. "


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S!$i# 115 FUNDIN7

H. %-i!

10 (nds certified by the "


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30 %f "


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ARTICLE : LOCAL 7OVERNMENT

S!$i# 15 TERRITORIAL>POLITICAL SUBDIVISIONS OF THE REPUBLIC OF THE

PHILIPPINES ARE THE:

C4si$i#:

10 Provinces20 "ities#30 ?nicipalities# and!0 4arangays

T'!%! s'* 6! A$#4s %!+i#s i#:

10 ?slim ?indanao and

20 "ordileras At present it is only the "ordilera AB?%)%,T'AT%>* region;

&ote: 10 A third atonomos regions wold re5ire a constitional amendment.20 These political sbdivisions created by the "onstittion cannot be replaced by

A?*)B?*)T and not by law.30 While "ongress can abolish or eradicate individal nits it cannot abolish an

entire class of +CEs

S!$i# 25 L* A$#4/

10 All political sbdivisions shall enjoy local atonomy

20 This does not mean that the +CEs are completely free from the central government.

A. Hdiciary may still pass on +C actions4. President may e7ercise disciplinary power over +C officials.

SEC5 =5 C#+%!ss s'* !#*$ * * +-!%#4!#$ ! .'i' s'* %-i! "% *4%! %!s#si-! *# *#$*6! * +-!%#4!#$ s$%$%! i#s$i$$! $'%+' *s/s$!4 " !!#$%*i


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0 "ities and mnicipalities e7ercise direct spervision over component barangays.

S!$i# 5 EACH LOCAL 7OVERNMENT SHALL HAVE THE POWER TO CREATE

OWN SOURCES OF REVENUE>LEVY TAES8 FEES AND CHAR7ES ETC5

Li4i$*$i#s # P.!%

10 %t is sbject to sch gidelines and limitations as "ongress may provide. ,ee +ocalovernment "ode for e7amples.

20 The gidelines set by "ongress shold be consistent with the basic policy of localatonomy.

A%* " $*!s8 "!!s8 '*%+!s

The ta7es fees and charges shall accre e7clsively to the local governments.

S!$i# 5 L7Us SHALL HAVE A GUST SHARE IN NATIONAL TAES8 ASDETERMINED BY LAW8 WHICH SHALL BE AUTOMATICALLY RELEASEDTO THEM

I#$!%#* R!-!#! A$4!#$ (IRA)

10 ,hare of +Cs in national ta7es is limited to the internal revene ta7es.20 The share of each +C shold be released withot need of any frther action

directly to the provincial city mnicipal or barangay treasrer. 'elease is made on a5arterly basis within $ days after the end of each 5arter.

30 The share of each +C shold not be sbject to any lien or holdbac@ that may be

imposed by the national government for whatever prpose.!0 *ach +C shold appropriate in its annal bdget at least 2Q of its annal %'A fordevelopment projects.

$0 Adjstments in %'AA. rond: Cnmanageable pblic section deficit4. President can ma@e the necessary adjstments in the %'A pon the

recommendation of the following:

1. Bepartment of (inance ,ecretary2. B%+ ,ecretary3. B4? ,ecretary

&0 %'A considered for prposes of conversion from one political sbdivision to the ne7t.-Alvare9 v. ingona0

S!$i# 5 SHARE OF L7US IN NATIONAL WEALTH

S'*%! " L7Us i# #*$i#* .!*$'

10 +Cs are entitled to an e5itable share in the proceeds of the tili9ation anddevelopment of the national wealth within their respective areas in the mannerprovided by law.

20 This incldes share the same with the inhabitants by way of direct benefits.

U#!% $'! L7C

10 +Cs have a share of !Q of the gross collection derived by the nationalgovernment from the preceding fiscal year from

A. ?ining ta7es4. 'oyalties". (orestry and fishery chargesB.


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SEC5 5 TERM OF OFFICE

T!%4 " O""i!

*lective local officials now inclding barangay officials have a term of 3 years.

Li4i$*$i#s:

10 )o elective official shall serve for more than 3 consective terms20 >olntary rennciation of office for any length of time shall not be considered as an

interrption in the continity of his service for the fll term for which he was elected.

SEC5 J5 SECTORAL REPRESENTATION IN L7US

L!+is*$i-! 6i!s " $'! * +-!%#4!#$s s'* '*-! S!$%* R!%!s!#$*$i#

(#!% $'! L7C) *s 4*/ 6! %-i! 6/ *.

There shold be representatives from:

10 The womenEs sector20 The wor@ers30 Third sector -can choose from any of the following0

A0 Crban poor40 %ndigenos cltral commnities"0 Bisabled personsB0 Any other sector as may be determined by the sanggnian

E!$i# " S!$% R!%!s!#$*$i-!s

SEC5 105 C%!*$i#8 *6i$i# *# i-isi# " L7UKs

;9 Re/uisites

A. "ompliance with the re5irements of the +ocal overnment "ode# and4. Approv

33598921-constitutional-law-reviewer.doc

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