consti i mt reviewer

8/12/2019 Consti I MT Reviewer

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Ist Semester [CONSTITUTIONAL LAW I *MINIONS REVIEWER*]

Minions | CONSTITUTIONAL LAW I 1

Introduction onstitution

a written instrument by which the fundamental powers of government are established, limited and defined, and by which these powers aredistributed among several departments, for their more safe and useful exercise, for the benefit of the body politic

Fundamental purpose of a constitution: a grant and a limitation of governmental authority The Constitution is the supreme written law of the land Classifications of the constitution: written and unwritten; flexible and rigid

Classification as to the extent to which constitutions are observed as norms of governmental action:1. Normative constitution

- its norms direct governmental action, and government habitually adjusts its actions to the normso like a suit that fits and is actually worn

2. Nominal constitution- cannot yet be fully operative because of existing socio-economic conditions

o like a suit in storage waiting for the wearer to grow to the proper size3. Semantic constitution

- the primary purpose of a constitution is to limit power: this does the opposite- It is a tool for the perpetuation of power in the hands of power holders

o not a suit, but a disguiseA constitutional document may be divided into 3 parts:

1. Constitution of government- provisions that setup the governmental structure

2. Constitution of liberty- guarantee individual fundamental liberties against governmental abuse

3. Constitution of sovereignty- outline the process whereby the sovereign people may change the constitution

onstitutional law- Body of rules resulting from the interpretation by a high court of cases in which the validity, in relation to the constitutional instrument of some act

of governmental power has been challenged.

Judicial review- Involves the power and duty on the part of the Court pronouncing void any such act which does not square with its own reading of the

constitutional instrument. (power and duty to make void acts which are not in keeping with the Constitution)

***Constitutionalism dates back to the Treaty of Paris transferring Spanish sovereignty over the Islands to the U.S. Thereafter, Philippine constitutional law grew froma series of organic documents enacted (stated below) by the U.S. government.

- Pres. McKinleys Instruction to the Second Philippine Commission- Philippine Bill of 1902- Philippine Autonomy Act of 1916

THE 1935 CONSTITUTION- Tydings-McDuffie Law

o provided for the establishment of a Commonwealth Government to be established under a constitution drafted and ratified by the Filipinopeople, the Philippines already had a solid body of constitutional jurisprudence on which to build.

It was through the authority of this law that a Constitutional Convention was called (for the creation of the 1935Constitution).It lasted from July 30,1934 to February 8, 1935.

March 3, 1935 U.S. President approved the draft May 14, 1935Filipino electorate ratified the same by an overwhelming majority vote. November 15, 1935 Commonwealth government established by the Constitution became operative July 4, 1946 Philippine Independence!!!

Many felt a certain unease in that the Philippines, already independent at the time, continued to operate under aConstitution that had been fashioned under colonial auspices. Hence, the agitation for a thorough overhaul of

the1935 Constitution arose.

THE 1973 CONSTITUTION- March 16, 1967 Phil. Congress, pursuant to authority given to them by the 1935Constitution, passed Resolution No. 2 (later amended by

Resolution No. 4 passed on June 17,1969) called for a Convention to propose amendments to the Constitution.

- November 20, 1970election of delegates to the Convention- June 1, 19711971 Constitutional Convention(ConCon) began- September 21, 1972martial law was declared. Even though some delegates were placed under detention, went into hiding or voluntary exile, the

ConCon continued its deliberations under an atmosphere of fear and uncertainty.

- November 29, 1972ConCon approved its Proposed constitution


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- November 30, 1972the Pres. Issued Presidential Decree No. 73: submitting to the Filipino people for ratification or rejection the Constitution of theRepublic of the Philippines proposed by the 1971 ConCon and setting the date of the plebiscite on January 15, 1973

- January 7, 1973General Order No. 20 was issued by the President directing that the said plebiscite be postponed until further notice.- P.D. No. 86organized the Citizens Assemblies. Said assembly was asked certain questions, such as Do you approve of the New Constitution?- January 17, 1973the Supreme Court was still hearing arguments to enjoin the holding of the plebiscite, however, Proclamation No. 1102 was

made by the President, announcing that the proposed Constitution had been ratified by an overwhelming vote of the members of the Citizens

Assemblies- March 31, 1973 a divided SC ruled that thereis no further judicial obstacle to the new Constitution being considered in force and effect- The Executive Dept., with vigor and all the resources at its command, proceeded to implement the new Constitution- The Legislative Dept. was nowhere to be found to object- Ordinary mortals lived and found their fortunes(and misfortunes) under the new Constitution- In 1976,the Constitution was amended to give birth to the interim Batasang Pambansa (a legislative body which functioned no better than as a

rubber stamp for the will of the President which found a new authoritarian vehicle in Amendment 6). Later on, the interim BP gave way to a regular

BP.

- In 1981, the Constitution was amended again to depart from the parliamentary to the presidential form.THE FREEDOM CONSTITUTION

- February 15, 1986 the BP, in the exercise of powers given by the 1973 Constitution, proclaimed Marcos as the president, amidst widespreadprotest.

- February 22, 1986Minister of National Defense Enrile and Vice Chief of Staff General Ramos initiated a revolt against Marcoso The civilian support given to the outnumbered Ramos-Enrile forces caused other military elements to switch their support to Pres. Aquino

- February 24, 1986after the Air Force started to support Aquino, it was deemed over for Marcos and his allies- February 25, 1986in defiance of the provisions of the 1973 Constitution and without the sanction of the BP, Aquino was proclaimed president at

the Club Filipino and was immediately sworn into office by Senior Associate Justice of the SC Claudio Teehankee

o At the same time, Marcos was being sworn into office by Chief Justice Ramon Aquino at Malacaang. The same night, he and his familyand supporters went into exile.

- Pres. Aquino chose to turn her back on the 1973 Constitution whose officials had denied her the presidency. She chose instead to govern under aProvisional Constitution, which was Proclamation No. 3 or the Freedom Constitution

- The 1987 Constitution- 1986 ConCon: June 1, 1986 to October 15, 1986- Article 6of the Freedom Constitution:

o Sec. 1: Within 60 days from date of this Proclamation, a Commission shall be appointed by the President to draft a New Constitution. TheCommission shall be composed of not less than 30 and not more than 50 natural-born citizens of the Philippines, of recognized probity

known for their independence, nationalism and patriotism. They shall be chosen by the President after consultation with various sectors

of society.

o Sec. 2: The Commission shall complete its work within as short a period as maybe consistent with the need both to hasten the return ofnormal constitutional govt and to draft a document truly reflective of the ideals and aspirations of the Filipino people.

o Sec. 3: The Commission shall conduct public hearings to insure that the people will have adequate participation in the formulation of theNew Constitution.

o Sec. 4: The plenary sessions of the Commission shall be public and fully recorded.o Sec. 5: The new Constitution shall be presented by the Commission to the President who shall fix the date for the holding of a pleb iscite. It

shall become valid and effective upon ratification by a majority of the votes cast in such which shall be held within a period of 60 days

following its submission to the President.

Plebiscite was held on February 2, 1987

PREAMBLEWe, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society and establish a Government that shall embody ourideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity the blessings of independence and

democracy under the rule of law and regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution.Should the Preamble be written before or after the completion of the Constitution?

1. Preamble should be formulated after the completion of the Constitution:Preamble a distillation of the ideals and aspirations of the Filipino people

Since it is a distillation of the ideals andaspirations, it should not be finalized until after those ideals and aspirations had been hammered out.

2. Preamble can be formulated even before the completion of the Constitution:Commissioners themselves were in a position toenumerate the ideals and aspirations of the Filipino people, a Preamble formulated in advance

could serve as a guide for the rest of the work of the Commission.

Commission agreed that the Preamble would stillbe subject to modifications after the formulation of the body of the document.

But the commission did not go back to the Preamble after the completion of the body of document.

Purpose and effect of the PreambleIt is not a source of power or right for anydepartment of government.


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It sets down the origin, scope, and purpose of theConstitution and is thus useful as an aid in ascertaining the meaning of ambiguous provisions in

the body of the constitution.

The Preamble bears witness to the fact that theConstitution is the manifestation of the sovereign will of the Filipino people

The document is not just the work of representatives of the people but of the people themselves who put their mark of approval by ratifying it

in a plebiscite.

Source of Light: Useful as an aid in ascertaining themeaning of ambiguous provisions in the body of the Constitution

Aglipay v. RuizJustice Laurel, in seeking the true meaning of separation of church and state in the Philippine jurisprudence, had occasion to allude to the

invocation of the aid of Divine Providencefound on the 1935 Preamble

ARTICLE I THE NATIONAL TERRITORYThe national territory of the Philippines comprises:1. The Philippine archipelago

2. With all the islands and waters embraced therein

3. And all other territories over which the Philippines has sovereignty or jurisdiction

4. Consisting of its

a. Terrestrial

b. Fluvial; and CODE: TFA

c. Aerial domains

5. Including its

a. Territorial sea

b. The seabed

c. The subsoil CODE: TSSIO

d. The insular shelves; and

e. The other submarine areas

6. The waters

a. Around

b. Between and

c. Connecting

d. The islands of the archipelago CODE: ABCI

Regardless of their breadth and dimensions

Form part of the INTERNAL WATERS of the Philippines

Definition of ArchipelagoAn archipelago is a body of water studded with islands. The Philippine archipelago is that body of water studded with islands which is delineated in the Treaty ofParis (1898), as amended by the Treaty of Washington (1900) and the Treaty of Great Britain (1930).

Definition of all other territories over which the Philippines has sovereignty or jurisdictionIt includes any territory that presently belongs or might in the future belong to the Philippines through any of the internationally accepted modes of acquiring

territory.

Archipelagic principleTwo elements:1. The definition of internal waters (as provided above);

2. The straight baseline method of delineating the territorial seaconsists of drawing straight lines connecting appropriate points on the coast without departing to

any appreciable extent from the general direction of the coast.

Important distances with respect to the w aters around the Philippines1. Territorial sea -12 nautical miles (n.m.)

2. Contiguous zone -12 n.m. from the edge of the territorial sea

3. Exclusive economic zone -200 n.m. from the baseline [includes (1) and (2)]

ARTICLE II DECLARATION OF PRINCIPLES AND STATE POLICIESSELECTED PRINCIPLES

SEC 1. The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them.self-executing)

Elements of a State(for municipal law purposes) CODE: PTSG1. A community of persons, more or less numerous (PEOPLE)


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2. Permanently occupying a definite portion of territory (TERRITORY)

3. Independent of external control (SOVEREIGNTY)

4. Possessing an organized government to which the great body of inhabitants render habitual obedience (GOVERNMENT)

Definition of People CODE: CNCH1. A Community of persons;

2. Sufficient in Number;3. Capable of maintaining the continued existence of the community; and

4. Held together by a common bond of law.

Definition of Sovereignty1. LEGAL sovereignty

a. The supreme power to make law.

b. It is lodged in the people.

2. POLITICAL sovereignty

a. The sum total of all the influences in a state,

b. Legal and non-legal,

c. Which determine the course of law.

3. According to the Principle of AUTO-LIMITATION:

Sovereignty is the property of the state-force due to which it has the exclusive capacity of legal self-determination and self-restriction.

Definition of Government1. That institution or aggregate of institutions

2. by which an independent society

3. makes and carries out those rules of action

4. which are necessary to enable men to live in a social state

5. or which are imposed upon the people forming that society by those who possess the power or authority of prescribing them.

Classification of governments1. De jure -one established by the authority of the legitimate sovereign

2. De facto -one established in defiance of the legitimate sovereign

Classification of de facto governments1. De facto proper

a. That government that gets possession and control of

b. or usurps by force or by the voice of majority

c. the rightful legal government

d. and maintains itself against the will of the latter.

2. Government of paramount force

a. That which is established and maintained by military forces

b. who invade and occupy a territory of the enemy

c. in the course of war.

3. That established as an independent government by the inhabitants of a country who rise in insurrection against the parent state.

Definition of Republican StateIt is one wherein all government authority emanates from the people and is exercised by representatives chosen by the people.

Definition of Democratic StateThis merely emphasizes that the Philippines has some aspects of direct democracy such as initiative and referendum.

SEC. 2. The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the landand adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations. self-executing)Kind of war renounced by the PhilippinesThe Philippines only renounces AGGRESSIVE war as an instrument of national policy.

It does not renounce defensive war.

Some generally accepted principles of international law recognized by the Court:1. Right of an alien to be released on bail while awaiting deportation when his failure to leave the country is due to the fact that no country will accept him (Mejoff v.

Director of Prisons, 90 Phil. 70)

2. The right of a country to establish military commissions to try war criminals (Kuroda v. Jalondoni, 83 Phil. 171)

3. The Vienna Convention on Road Signs and Signals (Agustin v. Edu, 88 SCRA 195) Amity with all nations

This does not mean automatic diplomatic recognition of all nations. Diplomatic recognition remains a matter of executive discretion.


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SEC 3. Civilian authority is, at all times, supreme over the military. The Armed Forces of the Philippines is the protector of the people and the State. Its goal is tosecure the sovereignty of the State and the integrity of the national territory. self-executing)Civilian authority/supremacy clause(1st sentence)1. Civilian authority simply means the supremacy of the law because authority, under our constitutional system, can only come from law.

2. Under this clause, the soldier renounces political ambition.

Mark of sovereignty(2nd and 3rd sentences)1. Positively, this clause singles out the military as the guardian of the people and of the integrity of the national territory and therefore ultimately of the majesty of

the law.

2. Negatively, it is an expression of disapproval of military abuses.

SEC 4. The prime duty of the Government is to serve and protect the people. The Government may call upon the people to defend the State and, in the fulfilmentthereof, all citizens may be required, under conditions provided by law, to render personal, military, or civil service.SEC. 5. The maintenance of peace and order, the protection of life, liberty and property, and the promotion of the general welfare are essential for the enjoyment byall the people of the blessings of democracy.SEC. 6. The separation of Church and State shall be inviolable. self-executing)

SELECTED STATE POLICIESSEC. 7. The State shall pursue an independent foreign policy. In its relations with other states, the paramount consideration shall be national sovereignty, territorialintegrity, national interest, and the right to self-determination.SEC. 8. The Philippines, consistent with the national interest, adopts and pursues a policy of freedom from nuclear weapons in its territory.Policy of freedom from nuclear weapons1. The policy PROHIBITS:

a. The possession, control and manufacture of nuclear weapons

b. Nuclear arms tests.

2. The policy does NOT prohibit the peaceful uses of nuclear energy.

SEC. 12. The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. It shall equally protectthe life of the mother and the life of the unborn from conception, etc.Principle that the family is not a creature of the stateProtection for the unborn1. It is not an assertion that the unborn is a legal person.

2. It is not an assertion that the life of the unborn is placed exactly on the level of the life of the mother. Hence, when it is necessary to save the life of the mother, the

life of the unborn may be sacrificed.

3. Under this provision, the Roe v. Wade doctrine allowing abortion up to the 6th month of pregnancy cannot be adopted in the Philippines because the life of the

unborn is protected from the time of conception.

SEC. 15. The State shall protect and promote the right to health of the people and instill health consciousness among them. self-executing)SEC. 16. The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.1. While the right to a balanced and healthful ecology is found under the declaration of Principle and State Policies and not under the Bill of Rights, it does not follow

that it is less important than any of the civil and political rights enumerated in the latter. (Oposa v. Factoran)

2. The right to a balanced and healthful ecology carries with it the correlative duty to refrain from impairing the environment. (Oposa v. Factoran)

SEC. 26. The State shall guarantee equal access to opportunities for public service, and prohibit political dynasties as may be defined by law.SEC. 27. The State shall maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption.SEC. 28. Subject to reasonable conditions prescribed by law, the State adopts and implements a policy of full public disclosure of all its transactions involving publicinterest.

ARTICLE VI THE LEGISLATIVE DEPARTMENTSEC. 1. The legislative power shall be vested in the Congress of the Philippines, which shall consist of a Senate and a House of Representatives, except to the extentreserved to the people by the provision on initiative and referendum.


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Definition of Legislative Power:The authority to make laws and to alter or repeal them

Classification of legislative power: (O De CO)1. OriginalPossessed by the people in their sovereign capacity

2. DelegatedPossessed by Congress and other legislative bodies by virtue of the Constitution

3. ConstituentThe power to amend or revise the Constitution4. OrdinaryThe power to pass ordinary laws

Note: The original legislative power of the people is exercised via initiative and referendum. In this manner, people can directly propose and enact laws, or approveor reject any act or law passed by Congress or a local government unit.

Limits on the legislative power of Congress:1. Substantivelimitations on the content of laws. E.g. no law shall be passed establishing a state religion.

2. Procedurallimitations on the manner of passing laws. E.g. generally a bill must go through three readings on three separate days.

Note: Provided that these two limitations are not exceeded, Congress legislative power is plenary.Corollaries of legislative power:1. Congress cannot pass irrepealable laws. Since Congress powers are plenary, and limited only by the Constitution, any attempt to limit the powers of future

Congresses via an irrepealable law is not allowed.

2. Congress, as a general rule, cannot delegate its legislative power. Since the people have already delegated legislative power to Congress, the latter cannot delegate it

any further.

EXCEPTIONS:1. Delegation of legislative power to local government units;

2. Instances when the Constitution itself allows for such delegation [see Art. VI Sec. 23(2)]

What may Congress delegate:Congress can only delegate, usually to administrative agencies, RULE-MAKING POWER or LAW EXECUTION.

This involves either of two tasks for the adm inistrative agencies:1. Filling up the details on an otherwise complete statute; or

2. Ascertaining the facts necessary to bring a contingent law or provision into actual operation.

Sections 2-4. SENATE Composition24 senators who shall be elected at large by the qualified voters of the Philippines, as may be provided by law.

Qualifications1. Natural-born citizen;

2. At least 35 years old on the day of election;

3. Able to read and write;

4. A registered voter; and

5. Philippine resident for at least 2 years immediately preceding the day of the election.

Note: The qualifications of both Senators and Members of the House are limited to those provided by the Constitution. Congress cannot, by law, add or subtract fromthese qualifications.

Term of Office:6 years, commencing (unless otherwise provided by law) at noon, 30 June next following their election

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

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

elected.

Sections 5-7. HOUSE OF REPRESENTATIVESComposition:1. Not more than 250 members, unless otherwise fixed by law; and

2. Party-list Representatives (20% of the total number of representatives including those under the party list)

Election of 250 members1. They shall be elected from legislative districts apportioned among the provinces, cities and the Metropolitan Manila area.

2. Legislative districts are apportioned in accordance with the number of inhabitants of each area and on the basis of a uniform and progressive ratio.

a. Each district shall comprise, as far as practicable, contiguous, compact and adjacent territory;

b. Each city with at least 250,000 inhabitants will be entitled to at least one representative.

c. Each province will have at least one representative.


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d. Legislative districts shall be re-apportioned by Congress within 3 years after the return of each census. According to Jack, however, while the

apportionment of districts is NOT a political question, the judiciary CANNOT compel Congress to do this.

e. The standards used to determine the apportionment of legislative districts is meant to prevent gerrymandering, which is the formation of a legislative

district out of separate territories so as to favor a particular candidate or party.

Qualifications1. Natural born citizen of the Philippines;2. At least 25 years old on the day of the election;

3. Able to read and write;

4. Registered voter in the district he seeks to represent; and

5. A resident of such district for at least one year immediately preceding the day of the election.

Term of Office1. Each member of the House shall be elected for a term of three (3) years which shall commence (unless otherwise provided for by law) at noon on 30 June next

following their election.

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

elected.

Term LimitationsNo member of the House of Representatives shall serve for more than three (3) consecutive terms.

Distinctions between Term and Tenure1. Definition

a. Terms means the period during which the elected officer is legally authorized to assume his office and exercise the powers thereof.

b. Tenure is the actual period during which such officer actually holds his position.

2. Limitation/Possible Reduction

a. Term CANNOT be reduced.

b. Tenure MAY, by law, be limited. Thus, a provision which considers an elective office automatically vacated when the holder thereof files a certificate of

candidacy for another elective office (except President and Vice-President) is valid, as it only affects the officerstenure and NOT his constitutional term.

Party-List Representatives1. Constitute 20% of the total number of representatives, including those under the party-list system (thus a maximum of 50 party-list members of the

House)

2. However, for 3 consecutive terms from 2 February 1987 (i.e., the 1987-92, 92-95 and 95-98 terms), 25 seats shall be allotted to sectoral representatives.Under Art. XVIII, Sec. 7, the sectoral representatives are to be appointed by the President until legislation otherwise provides.

3. Mechanics of the party-list system:a. Registered organizations submit a list of candidates in order of priority.

b. During the elections, these organizations are voted for at large.

c. The number of seats that each organization gets out of the 20% allotted to the system depends on the number of votes they get.

4. Qualificationsa. Natural born citizen of the Philippines

b. At least 25 years of age on the day of the election

c. Able to read and write

SEC. 9. In case of vacancy in the Senate or in the House of Representatives, a SPECIAL ELECTION may be called to fill such vacancy in the manner prescribed by law,but the Senator or Member of the House of Representatives thus elected shall serve only for the unexpired term.SEC. 10. Salaries of Senators and Members of the HouseDetermination of Salaries:Salaries of Senators and Members of the House of Representatives shall be determined by law.

Rule on increase in salaries:No increase in their salaries shall take effect until after the EXPIRATION OF THE FULL TERM (NOT TENURE) OF ALL THE MEMBERS OF THE SENATE AND THE

HOUSE OF REPRESENTATIVES APPROVING SUCH INCREASE.

Note: Since the Constitution provides for rules on salaries and not on emoluments, our distinguished legislators can appropriate for themselves other sums ofmoney such as travel allowances, as well as other side benefits.

SEC. 11: CONGRESSIONAL IMMUNITIES1.) Immunity from arrest:a. Legislators are privileged from arrest while Congress is in session with respect to offenses punishable by up to 6 years of imprisonment. Thus, whether Congress

is in regular or special session, the immunity from arrest applies.

b. If Congress is in recess, members thereof may be arrested.


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c. The immunity is only with respect to arrests and NOT to prosecution for criminal offenses.

2.) Legislative privilege:a. No member shall be questioned or held liable in any forum other than his/her respective Congressional body for any debate or speech in the Congress or in any

Committee thereof.

b. Limitation on the privilege:

(i) Protection is only against forum other than Congress itself. Thus for inflammatory remarks which are otherwise privileged, a member may be

sanctioned by either the Senate or the House as the case may be.(ii) The speech or debate must be made in performance of their duties as members of Congress. This includes speeches delivered, statements made, votes

cast, as well as bills introduced, and other activities done in performance of their official duties.

(iii) Congress need NOT be in session when the utterance is made, as long a s it forms part of legislative action, i.e . part of the deliberative and

communicative process used to participate in legislative proceedings in consideration of proposed legislation or with respect to other matters with Congress

jurisdiction.

SEC. 12. All Members of the Senate and the House of Representatives shall, upon assumption of office, make a full disclosure of their financial and business interests.They shall notify the House concerned of a potential conflict of interest that may arise from the filing of a proposed legislation of which they are authors.SEC. 13-14: CONGRESSIONAL DISQUALIFICATIONS:Disqualifications:1. Senator/Member of the House cannot hold any other office or employment in the Government or any subdivision, agency or Instrumentality thereof, including

GOCCS or their subsidiaries, during his term. If he does so, he forfeits his seat.

2. Legislators cannot be appointed to any office.

IF the office was created or the emoluments thereof increased during the term for which he was elected.

3. Legislators cannot personally appear as counsel before any court of justice, electoral tribunal, quasi-judicial and administrative bodies, during his term of office.

4. Legislators cannot be financially interested directly or indirectly in any contract with or in any franchise, or special privilege granted by the Government, or any

subdivision, agency or instrumentality thereof, including any GOCC or its subsidiary, during his term of office.

5. Legislators cannot intervene in any matter before any office of the government. When it is for his pecuniary benefit or where he may be called upon to act on

account of his office.

SEC. 15: REGULAR AND SPECIAL SESSIONS

Regular Sessions:1.) Congress convenes once every year on the 4th Monday of July (unless otherwise provided for by law)

2.) Continues in session for as long as it sees fit, until 30 days before the opening of the next regular session, excluding Saturdays, Sundays, and legal holidays.

Special Sessions:Called by the President at any time when Congress is not in session.

SEC. 16. Officers:1.) Senate President;

2.) Speaker of the House; and

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

Election of OfficersBy a majority vote of all respective members

Quorum to do business:1. Majority of each House shall constitute a quorum.

2. A smaller number may adjourn from day to day and may compel the attendance of absent members.

3. In computing a quorum, members who are outside the country and thus outside of each Houses coercive jurisdiction are not included.

Internal Rules:1. Each House shall determine its own procedural rules.

2. Since this is a power vested in Congress as part of its inherent powers, under the principle of separation of powers, the courts cannot intervene in the

implementation of these rules insofar as they affect the members of Congress.

3. Also, since Congress has the power to make these rules, it also has the power to ignore them when circumstances so require.

Discipline:1.) Suspension

a. Concurrence of 2/3 of ALL its members and

b. Shall not exceed 60 days.

2.) Expulsion

a. Concurrence of 2/3 of ALL its members.


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Congressional Journals and Records:1.) The Journal is conclusive upon the courts.

2.) BUT an enrolled bill prevails over the contents of the Journal.

3.) An enrolled bill is the official copy of approved legislation and bears the certifications of the presiding officers of each House. Thus where the certifications are

valid and are not withdrawn, the contents of the enrolled bill are conclusive upon the courts as regards the provision of that particular bill.

Adjournments:1.) Neither House can adjourn for more than 3 days during the t ime Congress is in session without the consent of the other House.

2.) Neither can they adjourn to any other place than that where the two houses are sitting, without the consent of the other.

Section 17: THE ELECTORAL TRIBUNALThe Senate and the House shall each have an Electoral Tribunal which shall be composed of:1. 3 Supreme Court Justices to be designated by the Chief Justice; &

2. 6 Members of the Senate or House, as the case may be.

The senior Justice in the Electoral Tribunal shall be its Chairman.

Note:The congressional members of the ETs shall be chosen on the basis of proportional representation from the political parties and party-list organizations.Jurisdiction:1.) Each ET shall be the sole judge of all CONTESTS relating to the election, returns, and qualifications of their respective members. This includes determining the

validity or invalidity of a proclamation declaring a particular candidate as the winner.

2.) An election contest is one where a defeated candidate challenges the qualification and claims for himself the seat of a proclaimed winner.

3.) In the absence of an election contest, the ET is without jurisdiction. However, the power of each House to expel its own members or even to defer their oath-

taking until their qualifications are determined may still be exercised even without an election contest.

Issues regarding the Electoral Tribunals:1.) Since the ETs are independent constitutional bodies, independent even of the House from which the members are respectively taken, neither Congress nor the

Courts may interfere with procedural matters relating to the functions of the ETs, such as the setting of deadlines or filing their election contests with the respective

ETs.

2.) The ETs being independent bodies, its members may not be arbitrarily removed from their positions in the tribunal by the parties which they represent. Neither

may they be removed for not voting according to party lines, since they are acting independently of Congress.3.) The mere fact that the members of either the Senate or the House sitting on the ET are those which are sought to be disqualified due to the filing of an election

contest against them does not warrant all of them from being disqualified from sitting in the ET. The Constitution is quite clear that the ET must act with both

members from the SC and from the Senate or the House. If all the legislator-members of the ET were to be disqualified, the ET would not be able to fulfil its

constitutional functions.

4.) Judicial review of decisions of the ETs may be had with the SC only insofar as the decision or resolution was rendered without or in excess of jurisdiction or with

grave abuse of discretion constituting denial of due process.

Section 18: THE COMMISSION ON APPOINTMENTSComposition:1.) Senate President as ex-officio chairman;

2.) 12 Senators; and

3.) 12 Members of the House.

Note:The 12 Senators and 12 Representatives are elected on the basis of proportional representation from the political parties and party-list organizations.Voting/Action1.) The chairman shall only vote in case of a tie.

2.) The CA shall act on all appointments within 30 session days from their submission to Congress.

3.) The Commission shall rule by a majority vote of all the Members.

Jurisdiction1.) CA shall confirm the appointments by the President with respect to the following positions:

a. Heads of the Executive Departments (except if it is the Vice-President who is appointed to the post).

b. Ambassadors, other public ministers or consuls.

c. Officers of the AFP from the rank of Colonel or Naval Captain: andd. Other officers whose appointments are vested in him by the Constitution (e.g. COMELEC members).

2.) Congress CANNOT by law prescribes that the appointment of a person to an office created by such law shall be subject to confirmation by the CA.

3.) Appointments extended by the President to the above-mentioned positions while Congress is not in session shall only be effective until disapproval by the CA or

until the next adjournment of Congress.

Meetings of the CA1.) CA meets only while Congress is in session.


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2.) Meetings are held either at the call of the Chairman or a majority of all its members.

3.) Since the CA is also an independent constitutional body, its rules of procedure are also outside the scope of congressional powers as well as that of the judiciary.

Note: The ET and the CA shall be constituted within 30 days after the Senate and the House of Representative shall have been organized with the election of thePresident and the Speaker.

Sections 21-22: LEGISLATIVE INQUIRIESScope:1. Either House or any of their committees may conduct inquires in aid of legislation.

2. In aid of legislation does not mean that there is pen ding legislation regarding the subject of the inquiry. In fact, investigation may be needed for purposes of

proposing future legislation.

3. If the stated purpose of the investigation is to determine the existence of violations of the law, the investigation is no longer in aid of legislation but in aid of

prosecution. This violates the principle of separation of powers and is beyond the scope of congressional powers.

Enforcement:1. Since experience has shown that mere requests for information does not usually work, Congress has the inherent power to punish recalcitrant witnesses for

contempt, and may have them incarcerated until such time that they agree to testify.

2. The continuance of such incarceration only subsists for the lifetime, or term, of such body. Once the body ceases to exist after its final adjournment, the power to

incarcerate ceases to exist as well. Thus, each Congress of the House lasts only for3 years. But if one is incarcerated by the Senate, it is indefinite because the Senate,

with its staggered terms, is a continuing body.

3. BUT, in order for a witness to be subject to this incarceration, the primary requirement is that the inquiry is within the scope of Congress powers. i.e. it is in aid of

legislation.

4. The materiality of a question is determined not by its connection to any actually pending legislation, but by its connection to the general scope of the inquiry.

5. The power to punish for contempt is inherent in Congress and this power is sui generis. It cannot be exercised by local government units unless they are expressly

authorized to do so.

Limitations:1. The inquiry must be conducted in accordance with the duly published rules of procedure of the House conducting the inquiry; and

2. The rights of persons appearing in or affected by such inquiries shall be respected. Ex. The right against self-incrimination

Appearance by department heads before Congress:1. Since members of the executive department are co-equals with those of the legislative department, under the principle of separations of powers, department headscannot be compelled to appear before Congress. Neither may the department heads impose their appearance upon Congress.

2. Department heads may appear before Congress in the following instances:

a. Upon their own initiative, with the consent of the President (and that of the

House concerned); or

b. Upon the request of either House (which cannot compel them to attend)

3. The appearance will be conducted in EXECUTIVE SESSION when:

a. Required by the security of state or required by public interest; and

b. When the President so states in writing

Sections 23-24. DECLARATION OF WAR/EMERGENCY POWERSVote requirement: (to declare the existence of a state of war)1. 2/3 of both Houses, in joint session

2. Voting separately

Emergency powers:1. During times of war or other national emergency, Congress may, BY LAW, authorize the President to exercise powers necessary and proper to carry out a declared

national policy.

2. Limitations:

a. Powers will be exercised for a limited period only; and

b. Powers will be subject to restrictions prescribed by Congress

3. Expiration of emergency powers

a. By resolution of Congress or

b. Upon the next adjournment of Congress

Sections 24-27, 30-31 LEGISLATIONBills that must originate from the House of Representatives(Section 24) CODE: A R T Pu Lo P1. Appropriation bills

2. Revenue bills

3. Tariff bills

4. Bills authorizing the increase of public debt


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5. Bills of local application

6. Private bills

Note:The Senate may, however, propose or concur with amendments.Appropriation bills1. The primary and specific aim of an appropriation bill is to appropriate a sum of money from the public treasury.

2. Thus, a bill enacting the budget is an appropriations bill.3. BUT: A bill creating a new office, and appropriating funds therefor is NOT an appropriation bill.

Revenue Bill1. A revenue bill is one specifically designed to raise money or revenue through imposition or levy.

2. Thus, a bill introducing a new tax is a revenue bill, but a provision in, for instance, the Videogram Regulatory Board law imposing a tax on video rentals does not

make the law a revenue bill.

Bills of local applicationA bill of local application , such as one asking for the conversion of a municipality into a city, is deemed to have originated from the House provided that the bill ofthe House was filed prior to the filing of the bill in the Senate even if, in the end, the Senate approved its own version.

Limitations:1. For appropriation bills:

a. Congress cannot increase the appropriations recommended by the President for the operation of the Government as specified in the budget.

b. Each provision or enactment in the General Appropriations Bill must relate specifically to some particular appropriation therein and any such provision

or enactment must be limited in its operation to the appropriation to which it relates.

c. The procedure in approving appropriations for Congress shall strictly follow the procedure for approving appropriations for other departments and

agencies.

d. A special appropriations bill must specify the purpose for which it is intended and must be supported by funds actually available as certified by the

National Treasurer or to be raised by a corresponding revenue proposal therein.

e. Transfer of appropriations:

i. Rule: No law shall be passed authorizing any transfer of appropriations

ii. BUT the following may, BY LAW, be authorized to AUGMENT any item in the general appropriations law for their respective offices from

savings in other items of their respective appropriations

-President-President of the Senate

-Speaker of the House of Representatives

-Chief of Justice of the Supreme Court

-Heads of the Constitutional Commissions

f. Discretionary funds appropriated for particular officials shall be:

i. Disbursed only for public purposes;

ii. Should be supported by appropriate vouchers; and

iii. Subject to guidelines as may be prescribed by law.

g. If Congress fails to pass General Appropriations Bill (GAB) by the end of any fiscal year:

i. The GAB for the previous year is deemed reenacted

ii. It will remain in full force and effect until the GAB is passed by Congress.

2. For law granting tax exemption It should be passed with the concurrence of a MAJORITY of ALL the members of Congress.

3. For bills in general

a. Every bill shall embrace only one (1) subject, as expressed in the title thereof

i. As a mandatory requirement

ii. The title does not have to be a complete catalogue of everything stated in the bill. It is sufficient if the title expresses the general subject of the

bill and all the provisions of the statute are germane to that general subject.

iii. A bill which repeals legislation regarding the subject matter need not state in the title that it is repealing the latter. Thus, a repealing clause

in the bill is considered germane to the subject matter of the bill.

b. Readings

1. In order to become a law, each bill must pass three (3) readings in both Houses.

2. General rule: Each reading shall be held on separate days & printed copies thereof in its final form shall be distributed to its Members three

(3) days before its passage.

3. Exception: If a bill is certified as urgent by the President as to the necessity of its immediate enactment to meet a public calamity or

emergency, the 3 readings can be held on the same day.4. First readingonly the title is read; the bill is passed to the proper committee

Second readingEntire text is read and debates are held, and amendments introduced.

Third readingonly the title is read, no amendments are allowed. Vote shall be taken immediately thereafter and the yeas and nays entered in

the journal.

Veto power of President:1. Every bill, in order to become a law, must be presented to and signed by the President.


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2. If the President does not approve of the bill, he shall veto the same and return it with his objections to the House from which it originated. The House shall enter

the objections in the Journal and proceed to reconsider it.

3. The President must communicate his decision to veto within 30 days from the date of receipt thereof. If he fails to do so, the bill shall become a law as if he signed

it.

4. This rule eliminates the pocket veto whereby the President would simply refuse to act on the bill.

5. To OVERRIDE the veto, at least 2/3 of ALL the members of each House must agree to pass the bill. In such case, the veto is overridden and becomes a law without

need of presidential approval.6. Item veto

a. The President may veto particular items in an appropriation, revenue or tariff bill.

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

c. Definition of item

TYPE OF BILLITEM1. Revenue/tax bill Subject of the tax and the tax rate imposed thereon

2. Appropriations bill indivisible sum dedicated to a stated purposed.

Veto of RIDER1. A rider is a provision which does not relate to a particular appropriation stated in the bill.

2. Since it is an invalid provision under Section 25(2), the President may veto it as an item.

Specific limitations on legislation1. No law shall be enacted increasing the Supreme Courts appellate jurisdiction without the SCs advice and concurrence.

2. No law shall be enacted granting titles of royalty or nobility.

Section 28. POWER TO TAXLimitations:1) The rule of taxation should be UNIFORM

2) It should be EQUITABLE

3) Congress should evolve a PROGRESSIVE system of taxation.

4) The power to tax must be exercised for a public purpose because the power exists for the general welfare5) The due process and equal protection clauses of the Constitution should be observed.

Delegation of power to fix rates1) Congress may, BY LAW, authorize the President to fix the following:

a) Tariff rates

b) Import and Export Quotas

c) Tonnage and wharfage dues

d) Other duties and imposts

Within the framework of the national development program of the Government

2) The exercise of such power by the President shall be within the specified limits fixed by Congress and subject to such limitations and restrictions as it may impose.

Constitutional tax exemptions:1) The following properties are exempt from REAL PROPERTY taxes (CODE: Cha Chu M-CA)

a) Charitable institutions

b) Churches, and parsonages or convents appurtenant thereto

c) Mosques

d) Non-profit cemeteries; and

e) All lands, buildings and improvements actually, directly and exclusively used for religious, charitable, or educational purposes.

2) All revenues and assets of NON-STOCK NON-PROFIT EDUCATIONAL institutions are exempt from taxes and duties PROVIDED that such revenues and assets are

actually, directly and exclusively used for educational purposes. (Art. XIV Sec 4 (3))

3) Grants, endowments, donations or contributions used actually, directly and exclusively for educational purposes shall be exempt from tax. This is subject to

conditions prescribed by law. (Art. XIV. Sec 4 (4))

Section 29. Power of the Purse1) No money shall be paid out of the National Treasury EXCEPT in pursuance of an appropriation made by law.

a) This places the control of public funds in the hands of Congress.

b) BUT: This rule does not prohibit continuing appropriations. e.g. for debt servicing. This is because the rule does not require yearly, or annual

appropriation.

2) Limitations.

a) Appropriations must be for a PUBLIC PURPOSE

b) Cannot appropriate public funds or property, directly or indirectly, in favor of


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(i) Any sect, church, denomination, or sectarian institution or system of religion or

(ii) Any priest, preacher, minister, or other religious teacher or dignitary as such.

EXCEPT if the priest, etc is assigned to:

-the Armed Forces; or

-any penal institution; or

-government orphanage; or

-leprosariumc) BUT the government is not prohibited from appropriating money for a valid secular purpose, even if it incidentally benefits a religion, e.g.

appropriations for a national police force is valid even if the police also protects the safety of clergymen.

d) ALSO, the temporary use of public property for religious purposes is valid, as long as the property is available for all religions

3) Special Funds

a) Money collected on a tax levied for a special purpose shall be treated as a special fund and paid out for such purpose only.

b) Once the special purpose is fulfilled or abandoned, any balance shall be transferred to the general funds of the Government

Section 32. INITIATIVE AND REFERENDUM1) Through the system of initiative and referendum, the people can directly propose and enact laws or approve or reject any act or law or part thereof passed by the

Congress or local legislative body.

2) Required Petition

a) Should be signed by at least 10% of the total number of registered voters

b) Every legislative district should be represented by at least 3% of the registered voters

c) Petition should be registered

ARTICLE VII. THE EXECUTIVE DEPARTMENTSection 1. EXECUTIVE POWERScope:1) Executive power is vested in the President of the Philippines.

2) The scope of this power is set forth in Art. VII of the Constitution. But this power is not limited to those set forth therein. The SC, in Marcos v. Manglapus, referred

to the RESIDUAL powers of the President as the Chief Executive of the country, which powers include others not set forth in the Constitution. EXAMPLE: The

President is immune from suit and criminal prosecution while he is in office.3) Privilege of immunity from suit is personal to the President and may be invoked by him alone. It may also be waived by the President, as when he himself files suit.

4) BUT the President CANNOT dispose of state property unless authorized by law.

Section 2. QUALIFICATIONS1) Natural-born citizen of the Philippines

2) Registered voter;

3) Able to read and write;

4) At least 40 years old on the day of election

5) Philippine resident for at least 10 years immediately preceding such election.

Note:The Vice-President has the same qualifications & term of office as the President. He is elected with & in the same manner as the President. He may be removedfrom office in the same manner as the President.

Section 4. MANNER OF ELECTION/ TERM OF OFFICEManner of Election1) The President and Vice-President shall be elected by direct vote of the people.

2) Election returns for President and Vice-President, as duly certified by the proper Board of Canvassers shall be forwarded to Congress, directed to the Senate

President. 3)

Not later than 30 days after the day of the election, the certificates shall be opened in the presence of both houses of Congress, assembled in joint public session.

4) The Congress, after determining the authenticity and due execution of the certificates, shall canvass the votes.

5) The person receiving the highest number of votes shall be proclaimed elected.

6) In case of a tie between 2 or more candidates, one shall be chosen by a majority of ALL the members of both Houses, voting separately. In case this results in a

deadlock, the Senate President shall be the acting President until the deadlock is broken.

7) The Supreme Court en banc shall act as the sole judge over all contests relating to the election, returns, and qualifications of the President or Vice-President andmay promulgate its rules for the purpose.

Term of Office1) President

a) 6 years beginning at noon on 30 June immediately following the election and ending at noon on the same day 6 years later.

b) Term limitation: Single term only; not eligible for any re-election.

c) Any person who has succeeded as President, and served as such for more than 4 years shall NOT be qualified for election to the same office at any time.


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2) Vice-President:

a) 6 years, starting and ending the same time as the President.

b) Term limitation: 2 successive terms.

c) Voluntary renunciation of the office for any length of time is NOT an interruption in the continuity of service for the full term for which the Vice-

President was elected.

Section 6. SALARIES AND EMOLUMENTS1) Official salaries are determined by law.

2) Salaries cannot be decreased during the TENURE of the President and the Vice-President.

3) Increases take effect only after the expiration of the TERM of the incumbent during which the increase was approved.

4) Prohibited from receiving any other emolument from the government or any other source during their TENURE

Sections 7-12, PRESIDENTIAL SUCCESSION1.) Vacancies at the beginning of the term

VACANCY SUCCESSOR

President-elect fails to qualify or to be chosenVP-elect will be Acting President until someone is qualified /chosen asPresident.

President-elect dies or is permanently disabled. VP becomes President.

Both President and VP-elect are not chosen or do not qualify or both die, or

both become permanently disabled.

1. Senate President or2. In case of his inability, the Speaker of the House shall act as

President until a President or a VP shall have been chosen and

qualified.

In case of death or disability of (1) and (2), Congress shall determine, by law,

who will be the acting President.

2.) Vacancies after the office is initially filled:VACANCY SUCCESSORPresident dies, is permanently disabled, is impeached, or resigns. Vice-President becomes President for the unexpired term.

Both President and Vice-President die, become permanently disabled, are

impeached, or resign.

1. Senate President or2. In case of his inability, the Speaker of the House shall act as

President until the President or VP shall have been elected and

qualified

3) Vacancy in office of Vice-President during the term for which he was elected:a) President will nominate new VP from any member of either House of Congress.

b) Nominee shall assume office upon confirmation by majority vote of ALL members of both Houses, voting separately. (Nominee forfeits seat in

Congress)

4) Election of President and Vice-President after vacancy during tema) Congress shall convene 3 days after the vacancy in the office of both the President and the VP, without need of a call. The convening of Congress

cannot be suspended.

b) Within 7 days after convening, Congress shall enact a law calling for a special election to elect a President and a VP. The special election cannot be

postponed.

c) The special election shall be held not earlier than 45 days not later than 60 days from the time of the enactment of the law.

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

e) The law shall be deemed enacted upon its approval on third reading.

BUT: No special election shall be called if the vacancy occurs within 18 months before the date of the next presidential election.

5) Temporary disabilityof the President:The temporary inability of the President to discharge his duties may be raised in either of two ways:

a) By the President himself, when he sends a written declaration to the Senate President and the Speaker of the House. In this case, the Vice-President

will be Acting President until the President transmits a written declaration to the contrary.

b) When a majority of the Cabinet members transmit to the Senate President and the Speaker their written declaration.

(i) The VP will immediately be Acting President.

(ii) BUT: If the President transmits a written declaration that he is not disabled, he reassumes his position.

(iii) If within 5 days after the President re-assumes his position, the majority of the Cabinet retransmits their written declaration, Congress shall decide the

issue. In this event, Congress shall reconvene within 48 hours if it is not in session, without need of a call.

(iv) Within 10 days after Congress is required to assemble, or 12 days if Congress is not in session, a 2/3 majority of both Houses, voting separately, is needed to

find the President temporarily disabled, in which case, the VP will be Acting President.


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6) Presidential Illness:a) If the President is seriously ill, the public must be informed thereof.

b) Even during such illness, the National Security Adviser, the Secretary of Foreign Affairs, and the Chief of Staff of the AFP are entitled to access to the

President

Section 13. DISQUALIFICATIONSSUBJECT SOURCE OF DISQUALIFICATION

President, Vice-President, Cabinet Members, Deputies

or Assistants of Cabinet Members

Prohibited from:

1. Holding any office or employment during their tenure, UNLESS:1. otherwise provided in the Constitution (e.g. VP can be appointed a Cabinet

Member, Sec. of Justice sits on Judicial and Bar Council); or

2. the positions are ex-officio and they do not receive any salary or other emolumentstherefor (e.g. Sec. of Finance is head of Monetary Board).

1. Practicing, directly or indirectly, any other profession during their tenure;

1.

Participating in any business;

1. Being financially interested in any contract with, or in any franchise, or specialprivilege granted by the government or any subdivision, agency or instrumentality

thereof, including GOCCs or their subsidiaries.

N.B. The rule on disqualifications for the President and his Cabinet are stricter than the

normal rules applicable to appointive and elective officers under Art. IX-B, Sec. 7.

Spouses and 4thdegree relatives of the President

(consanguinity or affinity)

Cannot be appointed during Presidents tenure as:

1. Members of the Constitutional Commissions;2. Office of the Ombudsman;3. Department Secretaries;4. Department under-secretaries;5. Chairman or heads of bureaus or offices including GOCCs and their subsidiaries.

N.B.

1. If the spouse, etc., was already in any of the above offices at the time before his/herspouse became President, he/she may continue in office. What is prohibited is

appointment and reappointment, NOT continuation in office.

2. Spouses, etc., can be appointed to the judiciary and as ambassadors and consuls.

Sections 14-16. POWER TO APPOINTPrinciples:1) Since the power to appoint is executive in nature, Congress cannot usurp this function.

2) While Congress (and the Constitution in certain cases) may prescribe the qualifications for particular offices, the determination of who among those who are

qualified will be appointed is the Presidents prerogative.

Scope:The President shall appoint the following :1) Heads of executive departments (CA confirmation needed):

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

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

4) Other officers whose appointment is vested in him by the Constitution (CA confirmation needed), such as:

a) Chairmen and members of the COMELEC, COA and CSC.

b) Regular members of the Judicial and Bar Council.

c) The Ombudsman and his deputies;

d) Sectoral representatives in Congress.

N.B.President also appoints members of the Supreme Court and judges of the lower courts, but these appointments do not need CA confirmation.5) All other officers whose appointments are not otherwise provided for by law; and those whom he may be authorized by law to appoint.

a) This includes the Chairman and members of the Commission on Human Rights, whose appointments are provided for by law NOT by the Constitution.


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b) Congress may, by law, vest the appointment of other officers lower in rank in the President alone or in the courts, or in the heads of departments,

agencies, boards or commissions.

c) BUT: Congress cannot, by law, require CA confirmation of the appointment of other officers for offices created subsequent to the 1987 Constitution (e.g.

NLRC Commissioners, Bangko Sentral Governor).

d) ALSO: Voluntary submission by the President to the CA for confirmation of an appointment which is not required to be confirmed does not vest the CA

with jurisdiction. The President cannot extend the scope of the CAs power as provided for in the Constitution.

Procedure:1) CA confirmation needed:

a) Nomination by President

b) Confirmation by CA

c) Appointment by President; and

d) Acceptance by appointee.

Note:At any time before all four steps have been complied with, the President can withdraw the nomination/appointment.2) No CA confirmation:

a) Appointment; and

b) Acceptance.

Note:Once appointee accepts, President can no longer withdraw the appointment.Ad-interim appointments:1) When Congress is in recess, the President may still appoint officers to positions subject to CA confirmation.

2) These appointments are effective immediately, but are only effective until they are disapproved by the CA or until the next adjournment of Congress.

3) Appointments to fill an office in an acting capacity are NOT ad-interim in nature and need no CA approval.

Appointments by an Acting President:These shall remain effective UNLESS revoked by the elected President within 90 days from his assumption or re-assumption of office.

Limitation1) 2 months immediately before the next Presidential elections, and up to the end of his term, the President or Acting President SHALL NOT make appointments. This

is to prevent the practice of midnight appointments.

2) EXCEPTION:

a) Can make TEMPORARY APPOINTMENTSb) To fill EXECUTIVE POSITIONS;

c) If continued vacancies therein will prejudice public service or endanger public safety.

Section 17. Power of Control and SupervisionPower of Control:The power of an officer to alter, modify, or set aside what a subordinate officer has done in the performance of his duties, and to substitute the judgment of the

officer for that of his subordinate. Thus, the President exercises control over all the executive departments, bureaus, and offices.

The Presidents power over government-owned corporations comes not from the Constitution but from statute. Hence, it may be taken away by statute.

Qualified Political Agency:1) Since all executive and administrative organizations are adjuncts of the Executive Department, the heads of such departments, etc. are assistants and agents of the

President.

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

President.

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

4) Under Administrative Law, decisions of Department Secretaries need not be appealed to the President in order to comply with the requirement of exhaustion of

administrative remedies.

5) Qualified political agency does NOT apply if the President is required to act in person by law or by the Constitution. Example: The power to grant pardons must be

exercised personally by the President.

Disciplinary Powers:1) The power of the President to discipline officers flows from the power to appoint the, and NOT from the power control.

2) BUT While the President may remove from office those who are not entitled to security of tenure, or those officers with no set terms, such as Department Heads,

the officers, and employees entitled to security of tenure cannot be summarily removed from office.

Power of Supervision:1) This is the power of a superior officer to ensure that the laws are faithfully executed by subordinates.

2) The power of the president over local government units is only of general supervision. Thus, he can only interfere with the actions of their executive heads if these

are contrary to law.

3) The execution of laws is an OBLIGATION of the President. He cannot suspend the operation of laws.

4) The power of supervision does not include the power of control; but the power of control necessarily includes the power of supervision.


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Section 18. COMMANDER-IN-CHIEF POWERSScope:1) The President is the Commander-in-Chief of the Armed Forces.

2) Whenever necessary, the President may call out the AFP to PREVENT or SUPPRESS:

a) Lawless violence;

b) Invasion; orc) Rebellion.

3) The President may also:

a) Suspend the privilege of the writ of habeas corpus; and

b) Proclaim a state of martial law.

Suspension of the privilege of the writ of habeas corpus and declaring martial law;1. Grounds

a. Invasion or

b. Rebellion; and

c. Public safety requires it.

2. The invasion or rebellion must be ACTUAL and not merely imminent.

3. Limitations:

a. Suspension or proclamation is effective for only 60 days.

b. Within 48 hours from the declaration or suspension, the President must submit a report to Congress.

c. Congress, by majority vote and voting jointly, may revoke the same, and the

President cannot set aside the revocation.

d. In the same manner, at the Presidents initiative, Congress can extend the same for a period determined by Congress if:

i. Invasion or rebellion persist and

ii. Public safety requires it.

NOTE: Congress CANNOT extend the period motu propio.

e. Supreme Court review:

i. The appropriate proceeding can be filed by any citizen.

ii. The SC can review the FACTUAL BASIS of the proclamation suspension.

iii. Decision is promulgated within 30 days from filing. or

f. Martial Law does NOT:i. Suspend the operation of the Constitution.

ii. Supplant the functioning of the civil courts or legislative assemblies.

iii. Authorize conferment of jurisdiction on military courts over civilians where civil courts are able to function and

iv. Automatically suspend the privilege of the writ.

g. Suspension of privilege of the writ:

i. Applies ONLY to persons judicially charged for rebellion or offenses inherent in or directly connected with invasion.

ii. Anyone arrested or detained during suspension must be charged within 3 days. Otherwise he should be released.

Note:While the suspension of the privilege of writ and the proclamation of martial law is subject to judicial review, the actual use by the President of the armedforces is not. Thus, troop deployments in times of war are subject to the Presidents judgment and discretion.

Section 19: EXECUTIVE CLEMENCYScope:1.) The President may grant the following: [ Pa R C Re]

a. Pardons (conditional or plenary)

b. Reprieves

c. Commutations

d. Remittance of fines and forfeitures

2.) These may only be granted AFTER conviction by final judgment.

3.) ALSO: The power to grant clemency includes cases involving administrative penalties.

4.) Where a conditional pardon is granted, the determination of whether it has been violated rests with the President.

Limitations:1.) As to scope:

Cannot be granted:a.) Before conviction

b.) In cases of impeachment

c.) For violations of election laws, rules, and regulation without the favorable recommendation of the COMELEC

d.) In cases of civil or legislative contempt

2.) As to effect:

a.) Does not absolve civil liabilities for an offense.

b.) Does not restore public offices already forfeited, although eligibility for the same may be restored.


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Amnesty:1.) An act of grace concurred in by Congress, usually extended to groups of persons who commit political offenses, which puts into oblivion the offense itself.

2.) President alone CANNOT grant amnesty. Amnesty needs concurrence by a majority of all the members of Congress.

3.) When a person applies for amnesty, he must admit his guilt of the offense which is subject to such amnesty. If his application is denied, he can be convicted based

on this admission of guilt.

4.) Amnesty V. Pardon

AMNESTY PARDON

Addressed to POLITICAL offenses

Granted to a CLASS of persons

Need not be accepted

Requires concurrence of majority of all members of Congress

A public act.

Extinguishes the offense itself

May be granted before or after conviction

Addressed to ORDINARY offenses

Granted to INDIVIDUALS

Must be accepted

No need for Congressional concurrence

Private act of President

It must be proved.

Only penalties are extinguished.

May or may not restore political rights.

Absolute pardon restores. Conditional does not.

Civil indemnity is not extinguished.

Only granted after conviction by final judgement

Section 20. Power to Contract or Guarantee Foreign LoansLimitations:(1) The President may contract or guarantee foreign loans on behalf of the Republic of the Philippines with the prior concurrence of the Monetary Board; and

(2) Subject to such limitations as may be provided by law.

Section 21. Foreign Relations Powers include:(1) Power to negotiate treaties and other international agreements

(a) BUT: Such treaty of international agreement must be concurred in by at least 2/3 of all Senators in order to be valid and effective in our country.

(b) Options of Senate when a treaty is submitted for its approval:(i) Approve with 2/3 majority;

(ii) Disapprove outright; or

(iii) Approve conditionally, with suggested amendments.

(c) If treaty is not re-negotiated, no treaty

(d) If treaty is re-negotiated and the Senates suggestions are incorporated, the treaty will go into effect without need offurther Senate approval.

Note:While our municipal law makes a distinction between international agreements and executive agreements, with the former requiring Senate approval and thelatter not needing the same, under international law, there is no such distinction.

Note:The President cannot, by executive agreement, undertake an obligation which indirectly circumvents a legal prohibition.(e) Conflict between treaty and municipal law.

(i) Philippine court: The later enactment will prevail, be it treaty or law, as it is the latest expression of the States will.

(ii) International tribunal

Treaty will always prevail.

A State cannot plead its municipal law to justify noncompliance with an international obligation.

(2) Power to appoint ambassadors, other public ministers, and consuls.

(3) Power to receive ambassadors and other public ministers accredited to the Philippines.

(4) Power to contract and guarantee foreign loans on behalf of the Republic

(5) Power to deport aliens

(a) This power is vested in the President by virtue of his office, subject only to restrictions as may be provided by legislation as regards the grounds for

deportation.

(b) In the absence of any legislative restriction to authority, the President may still exercise this power.

(c) The power to deport aliens is limited by the requirements of due process, which entitles the alien to a full and fair hearing.

BUT:The alien is not entitled to bail as a matter of right.

ARTICLE VIII. THE JUDICIAL DEPARTMENTSEC. 1. JUDICIAL POWERScope:1. Judicial power is the authority to settle justiciable controversies or disputes involving rights that are enforceable and demandable before the courts of justice or the

redress of wrongs for violations of such rights.

2. Vested in the Supreme Court and such lower courts as may be established by law.


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3. Since the courts are given judicial power and nothing more, courts may neither attempt to assume or be compelled to perform non-judicial functions. They may

not be charged with administrative functions except when reasonably incidental to the fulfillment of their duties.

4. In order that courts may exercise this power, there must exist the following:

a. An actual controversy with legally demandable and enforceable rights;

b. Involving real parties in interest;

c. The exercise of such power will bind the parties by virtue of the courts application of existing laws.

5. Judicial power cannot be exercised in vacuum. Without any laws from which rights arise and which are violated, there can be no recourse to the courts.6. The courts cannot be asked for advisory opinions.

7. Judicial power includes:

a. The duty of the courts to settle actual controversies involving rights which are legally demandable and enforceable; and

b. 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.

Political Questions:1. A politic l questionis one the resolution of which has been vested by the Constitution exclusively in either the people, in the exercise of their sovereign capacity,or in which full discretionary authority has been delegated to a co-equal branch of the Government.

2. Thus, while courts can determine questions of legality with respect to governmental action, they cannot review government policy and the wisdom thereof, for

these questions has been vested by the Constitution in the Executive and Legislative Departments.

SEC. 2. ROLES OF CONGRESS1. Defining 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 disputes arising from legal rights.

3. Thus, Congress has the power to define, prescribe and apportion the jurisdiction of various courts.

4. BUT, Congress cannot deprive the Supreme Court of its jurisdiction over cases provided for in the Constitution.

5. Creation and abolition of courts:

a. The power to create courts implies the power to abolish and even reorganize courts.

b. BUT this power cannot be exercised in a manner which would undermine the security of tenure of the judiciary.

c. If the abolition/re-organization is done in good faith and not for political or personal reasons, then it is VALID. (same rule applies for civil servants)

SEC. 3. FISCAL AUTONOMY

1. The entire judiciary shall enjoy fiscal autonomy.2. Annual appropriations for the judiciary cannot be reduced below the amount appropriated for the previous year.

3. Once approved, appropriations shall be automatically and regularly released.

SECS. 4-7; 12 JUDICIARYComposition of the Supreme Court:1. Chief Justice and

2. 14 Associate Justices

Note:Members of the Supreme Court and of other courts established by law shall not be designated to any agency performing quasi-judicial or administrativefunctions.

Qualifications of members of the SC:1. Natural born citizen of the Philippines

2. At least 40 years old

3. At least 15 years of experience as a judge or in the practice of law in the Philippines

4. Person of proven competence, integrity, probity and independence.

Qualifications of members of lower collegiate courts(CA, CTA, Sandiganbayan)1. Natural born citizen of the Philippines

2. Member of the Philippine bar

3. Possesses other qualifications prescribed by Congress


Qualifications of judges of lower non-collegiate courts:1. Citizen of the Philippines (may be a naturalized citizen)2. Member of the Philippine Bar

3. Possesses other qualifications prescribed by Congress


Section 8. JUDICIAL AND BAR COUNCIL1. The Judicial and Bar Council is under the supervision of the SC.


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A. Is under the supervision of the Supreme Court and is composed of:

1. Chief Justice, as ex-officio chairman

2. Secretary of Justice, as an ex-officio member

3. Representative of Congress, as an ex-officio member

4. Representative of the Integrated Bar

5. A professor of law

6. A retired member of the SC; and7. Private sector representative

Note:The last four re the regular members of the JBC. Regular members are appointed by the President with CA approval. Regular members serve for 4 years, withstaggered terms.

B. Functions of JBC

1. Principal function: recommend appointees to the Judiciary

2. Exercise such other functions as the SC may assign to it.

C. Appointments to the Judiciary

1. President shall appoint from a list of at least 3 nominees for each vacancy, as prepared by the JBC.

2. No CA confirmation is needed for appointments to the Judiciary.

3. Vacancies in SC should be filled within 90 days from the occurrence of the vacancy.

4. Vacancies in lower courts should be filled within 90 days from submission to the President of the JBC list.

SEC. 10. SALARIES1. Salaries of SC Justices and judges of lower courts shall be fixed by law.

2. Cannot be decreased during their continuance in office, but can be increased.

3. Members of the Judiciary are NOT exempt from payment of income tax.

SEC. 11. TENURE/DISCIPLINARY POWERS OF SC1. Members of the SC and judges of the lower courts hold office during good behavior until

a. The age of 70 years old; or

b. They become incapacitated to discharge their duties.

2. Disciplinary action against judges of lower courts:

a. Only the SC en banc has jurisdiction to discipline or dismiss judges of lower courts.b. Disciplinary action/dismissal: Majority vote of SC Justices who took part in the deliberations and voted therein.

3. Removal of SC Justices:

a. Only by IMPEACHMENT.

b. Cannot be disbarred while they hold office.

SECS. 4-6, 13. THE SUPREME COURTHearing of cases:1. En banc; or

2. Divisions of 3, 5, or 7.

Cases required to be heard en banc:1. All cases involving constitutionality of a/an:

a. Treaty

b. International or executive agreement or

c. Law.

2. All cases required to be heard en banc under the Rules of Court:

a. Appeals from Sandiganbayan; and

b. From the Constitutional Commissions

3. All cases involving the constitutionality, application or operation of

a. Presidential decrees

b. Proclamations

c. Orders

d. Instructions

e. Ordinances; andf. Other regulations.

4. Cases heard by a division where required majority of 3 was not obtained.

5. Cases where SC modifies or reverses a doctrine or principle of law laid down by the SC en banc or by a division.

6. Administrative cases to discipline or dismiss judges of lower courts; and

7. Election contests for President and Vice-President.


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Cases heard by division1. Must be decided with the concurrence of a majority of the members who took part in the deliberations and voted thereon.

2. Majority vote in a division should be at least 3 members.

Powers of the SC1. SC has ORIGINAL jurisdiction over

a. Cases affecting ambassadors, other public ministers and consuls.Note:This refers to foreign ambassadors, etc., stationed in the Philippines.b. Petitions for certiorari, prohibiton, mandamus, quo warranto, and habeas corpus.

2. SC has APPELLATE jurisdiction over final judgments and orders in the following:

a. All cases involving the constitutionality or validity of any

i. treaty

ii. international or executive agreement

iii. law

iv. presidential decree

v. proclamation

vi. order

vii. instruction

viii. ordinance, or

ix. regulation;

b. All cases involving the legality of any

i. tax

ii. impost

iii. assessment or

iv. toll or

v. any penalty imposed in relation thereto;

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

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

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

3. Temporarily assign lower court judges to other stations in the public interest.

Note:Temporary assignment shall not exceed 6 months without the consent of the judge concerned.4. Order a change of venue or place of trial to avoid a miscarriage of justice.5. Promulgate rules concerning:

a. The protection and enforcement of constitutional rights;

b. Pleading, practice and procedure in all courts;

c. Admission to the practice of law;

d. The Integrated Bar; and

e. Legal assistance to the underprivileged.

Limitations on Rule Making Powera. It should provide a simplified and inexpensive procedure for the speedy disposition of cases.

b. It should be uniform for all courts of the same grade.

c. It should not diminish, increase, or modify substantive rights.

6. Appoint ALL officials and employees of the Judiciary, in accordance with Civil Service Law.

7. Exercise administrative supervision over ALL courts and the personnel thereof.

Decisions of the Supreme Court:1. Reached in consultation before being assigned to a member for the writing of the opinion.

2. A certification to this effect must be signed by the Chief Justice and attached to the record of the case and served upon the parties.

3. Members of the SC who took no part, or who dissented or abstained must state the reasons therefore.

Note:This procedure shall also be observed by all lower collegiate courts (CA, CTA, and the Sandiganbayan).JUDICIAL REVIEWDefinition1. Judicial Review is the power of the SC to declare a law, treaty, ordinance etc. unconstitutional.

2. Lower courts may also exercise the power of judicial review, subject to the appellate jurisdiction of the SC.

3. Only SC decisions are precedent, and thus, only SC decisions are binding on all.

Requisites Code: [A R S Co R]1. An ACTUAL CASE calling for the exercise of judicial power

2. The question involved must be RIPE FOR ADJUDICATION, i.e. the government act must have had an adverse effect on the person challenging it.

3. The person challenging the governmental a

consti i mt reviewer

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