Constitutional Law Reviewer

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POLITICAL LAW (CONSTITUTIONAL LAW) POLITICAL LAW (CONSTITUTIONAL LAW)
REVIEWER & MEMORY AID REVIEWER & MEMORY AID
Archipelagic principle
ARTICLE I – THE NATIONAL TERRITORY Two elements:
1. The definition of internal waters (as provided above);
The national territory of the Philippines comprises: 2. The straight baseline method of delineating the territorial sea –
consists of drawing straight lines connecting appropriate points on the coast
1. The Philippine archipelago
without departing to any appreciable extent from the general direction of the coast.
2. With all the islands and waters embraced therein
3. And all other territories over which the Philippines has sovereignty or
Important distances with respect to the waters around the Philippines
jurisdiction
4. Consisting of its
1. Territorial sea - 12 nautical miles (n.m.)
a. Terrestrial 2. Contiguous zone - 12 n.m. from the edge of the territorial
b. Fluvial; and sea
3. Exclusive economic zone - 200 n.m. from the baseline [includes (1)
CODE: TFA
and (2)]
c. Aerial domains
5. Including its ARTICLE II – DECLARATION OF PRINCIPLES AND STATE POLICIES
a. Territorial sea
Selected principles
b. The seabed
c. The subsoil SEC 1. The Philippines is a democratic and republican State. Sovereignty
CODE: TSSIO resides in the people and all government authority emanates from them.
d. The insular shelves; and

e. The other submarine areas Elements of a State (for municipal law purposes) CODE: PTSG
6. The waters
a. Around 1. A community of persons, more or less numerous (PEOPLE)
b. Between and 2. Permanently occupying a definite portion of territory (TERRITORY)
c. Connecting 3. Independent of external control (SOVEREIGNTY)
d. The islands of the archipelago 4. Possessing an organized government to which the great body of inhabitants
CODE: ABCI render habitual obedience (GOVERNMENT)
Regardless of their breadth and dimensions
Form part of the INTERNAL WATERS of the Philippines Definition of “People” CODE: CNCH
Definition of Archipelago 1. A Community of persons;

An archipelago is a body of water studded with islands. The Philippine
2. Sufficient in Number;
archipelago is that body of water studded with islands which is delineated in the 3. Capable of maintaining the continued existence of the community; and
Treaty of Paris (1898), as amended by the Treaty of Washington (1900) and the
Treaty of Great Britain (1930).
4. Held together by a common bond of law.
Definition of “Sovereignty”
Definition of “all other territories over which the Philippines has
sovereignty or jurisdiction”
1. LEGAL sovereignty
a. The supreme power to make law.
It includes any territory that presently belongs or might in the future belong to
b. It is lodged in the people.
the Philippines through any of the internationally accepted modes of acquiring
territory.
2. POLITICAL sovereignty
a. The sum total of all the influences in a state,
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b. Legal and non-legal,

c. Which determine the course of law. SEC. 2. The Philippines renounces war as an instrument of national policy,
adopts the generally accepted principles of international law as part of
3. According to the Principle of AUTO-LIMITATION: the law of the land and adheres to the policy of peace, equality, justice,
freedom, cooperation, and amity with all nations.
Sovereignty is the property of the state-force due to which it has the exclusive
capacity of legal self-determination and self-restriction.
Kind of war renounced by the Philippines
Definition of “Government”
The Philippines only renounces AGGRESSIVE war as an instrument of national
policy. It does not renounce defensive war.
1. That institution or aggregate of institutions
2. by which an independent society
Some "generally accepted principles of international law" recognized by
3. makes and carries out those rules of action
the Court:
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. 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
Classification of governments (Mejoff v. Director of Prisons, 90 Phil. 70)
1. De jure - one established by the authority of the legitimate sovereign

2. The right of a country to establish military commissions to try war criminals
(Kuroda v. Jalondoni, 83 Phil. 171)
2. De facto - one established in defiance of the legitimate sovereign
3. The Vienna Convention on Road Signs and Signals (Agustin v. Edu, 88 SCRA
Classification of de facto governments 195)
Amity with all nations

1. De facto proper
a. That government that gets possession and control of
This does not mean automatic diplomatic recognition of all nations. Diplomatic
b. or usurps by force or by the voice of majority
recognition remains a matter of executive discretion.
c. the rightful legal government
d. and maintains itself against the will of the latter.
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
2. Government of paramount force State. Its goal is to secure the sovereignty of the State and the integrity
a. That which is established and maintained by military forces of the national territory.
b. who invade and occupy a territory of the enemy
c. in the course of war. Civilian authority/supremacy clause (1st sentence)
3. That established as an independent government by the inhabitants of a country 1. Civilian authority simply means the supremacy of the law because authority,
under our constitutional system, can only come from law.
who rise in insurrection against the parent state.
2. Under this clause, the soldier renounces political ambition.
Mark of sovereignty (2nd and 3rd sentences)

Definition of “Republican State”
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
It is one wherein all government authority emanates from the people and is
the law.
exercised by representatives chosen by the people.
2. Negatively, it is an expression of disapproval of military abuses.
Definition of Democratic State
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
This merely emphasizes that the Philippines has some aspects of direct democracy
and, in the fulfillment thereof, all citizens may be required, under
such as initiative and referendum.
conditions provided by law, to render personal, military, or civil service.
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1. While the right to a balanced and healthful ecology is found under the
SEC. 5. The maintenance of peace and order, the protection of life, liberty declaration of Principle and State Policies and not under the Bill of Rights, it does
and property, and the promotion of the general welfare are essential for not follow that it is less important than any of the civil and political rights
the enjoyment by all the people of the blessings of democracy. enumerated in the latter. (Oposa v. Factoran)
2. The right to a balanced and healthful ecology carries with it the
SEC. 6. The separation of Church and State shall be inviolable. 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.
Selected state policies SEC. 27. The State shall maintain honesty and integrity in the public
service and take positive and effective measures against graft and
SEC. 7. The State shall pursue an independent foreign policy. In its corruption.
relations with other states, the paramount consideration shall be national
sovereignty, territorial integrity, national interest, and the right to self- SEC. 28. Subject to reasonable conditions prescribed by law, the State
determination. adopts and implements a policy of full public disclosure of all its
transactions involving public interest.
SEC. 8. The Philippines, consistent with the national interest, adopts and
pursues a policy of freedom from nuclear weapons in its territory. ARTICLE III – BILL OF RIGHTS
Policy of freedom from nuclear weapons Section 1. No person shall be deprived of life, liberty or property without
due process of law, nor shall any person be denied the equal protection of
1. The policy PROHIBITS: the laws.
a. The possession, control and manufacture of nuclear weapons
b. Nuclear arms tests. BILL OF RIGHTS
2. The policy does NOT prohibit the peaceful uses of nuclear energy.  The Bill of rights is a guarantee that there are certain areas of a
person’s life, liberty and property which governmental power may not touch.
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 protect the life of the mother and the life of the unborn from
conception. etc.  The Bill of rights is a declaratory of fundamental principles and of
the basic rights of citizenship.
Principle that the family is not a creature of the state.
 It enumerates some of the private and inalienable rights of the
Protection for the unborn people, and it has been said that the rights protected by the Bill of Rights are those
that inhere in the “great and essential principles of liberty and free government.”
1. 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  The rights in the Bill of Rights are sometimes referred to as natural
level of the life of the mother. Hence, when it is necessary to save the life of the laws and as being founded on natural right and justice.
mother, the life of the unborn may be sacrificed.
3. Under this provision, the Roe v. Wade doctrine allowing abortion up to  Any governmental action in violation of the rights declared in the
the 6th month of pregnancy cannot be adopted in the Philippines because the life of Bill of Rights is void, so that the provisions of a Bill of Rights are self – executing to
the unborn is protected from the time of conception. this extent; however, the legislature may enact laws to protect and enforce the
provisions of the Bill of Rights.
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  To the law of force rather than the force of law, it is necessary to
nature. remind ourselves that certain basic rights and liberties are immutable
(unchangeable) and cannot be sacrificed to the transient needs or imperious
demands of the ruling power. The rule of law must prevail or else liberty will perish.
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 It is the most essential, insistent and the least limitable of powers,

 The provisions of the bill of rights are primarily limitations on extending as it does to all the great public needs.
government, declaring rights that exist without any governmental grant, that may
not be taken away by government and that government has duty to protect.  Police power rests upon public necessity and upon the right of the
state and of the public to self – protection.
 The fundamental human rights conferred by the Constitution are
not absolute.  Negatively, police power is defined as that inherent and plenary
(full) power in the State which enables it to prohibit all that is hurtful to the
 The totality of governmental power is contained in the three (3) comfort, safety, and welfare of society. (Ermita V Mayor of Manila)
great powers: police power, power of eminent domain, and power of taxation.
These are inherent powers of government. A constitution can only define and - public health
delimit them and allocate their exercise among various government agencies. - public safety
- public morals
BALANCING THE RIGHTS OF PERSONS AND POLICE POWER - general welfare
For the proper defense and protection of freedom, a political institution SCOPE OF POLICE POWER
must possess power. Hence, government becomes the delicate art of balancing the Police power rests upon public necessity and upon the right of the State
power of government and the freedom of the governed. and of the public to self – protection. For this reason, its scope expands and
contracts with changing needs.
Definition of “Police Power”:
POWER OF EXPROPRIATION OR POWER OF EMINENT DOMAIN
1) Power vested in the legislature
2) By the Constitution  Enables the state to forcibly acquire private property, upon
3) To make, ordain, and establish payment of just compensation, for some intended public use.
4) All manner of wholesome and reasonable laws, statutes, and ordinances
5) Either with penalties or without  Power of expropriation is the highest and most exact idea of
6) Not repugnant to the constitution property remaining in the government that may be acquired for some public
7) As they shall judge to be for the good and welfare of the commonwealth and of purpose through a method in the nature of compulsory sale to the state.
the subjects of the same.
 The provision should be strictly interpreted against the
POLICE POWER expropriator and liberally in favor of the property owner.
 The power of promoting the public welfare by restraining and  The exercise of this power is necessarily in derogation of private
regulating the use of liberty and property. rights, and the rule in that case is that the authority must be strictly construed.
 The power vested in the legislature by the constitution to make,  Except for police power and power of taxation, only the power of
ordain, and establish all manner of wholesome and reasonable laws, statutes, and expropriation may be exercised by public and private corporations.
ordinance, either with penalties or without, not repugnant to the constitution, as
they shall judge to be for the good and welfare of the commonwealth, and of the POWER OF TAXATION
subjects of the same.
 The state is able to demand from the members of society their
proportionate share or contribution in the maintenance of the government.
 The power of the state to regulate liberty and property for the  Importance of taxation derives from the unavoidable obligation of
promotion of the general welfare. the government to protect the people and extend them benefits in the form of
public projects and services.
 The person’s acts and acquisitions are hemmed in the police
power. Right to life
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The constitutional protection to life is not just a protection of the right to be  Protection of property was a primary object of the social compact
alive or to the security of one’s limb against physical harm. The right to life is the and that the absence of such protection could well lead to anarchy and tyranny.
right to a good life.
 Property is an important instrument for the preservation and
Right to liberty enhancement of personal dignity.
 Includes that right to exist and the right to be free from arbitrary  Property is as important as life and liberty – and to protect their
restraint or servitude. (poor) property is really to protect their life and their liberty.
Aspects of “Due Process”:
 The right to enjoy the faculties to which he has been endowed by

his Creator, subject only to such restraints as are necessary for the common
1. Procedural due process – refers to the mode of procedure which government
agencies must follow in the enforcement and application of laws.
welfare.
2. Substantive due process – prohibition against arbitrary laws.
 The chief elements to the guarantee are the right to contract, the
right to choose ones employment, the right to labor and the right to locomotion. Note: PROCEDURAL DUE PROCESS:
1. A law which hears before it condemns.
 Not only physical liberty but also intellectual liberty. 2. Due process of law contemplates notice and opportunity to be heard before
judgment is rendered affecting one’s person or property (Lopez v. Dir. of Lands)
Right to property 3. Due process depends on circumstances; it varies with the subject matter and
the necessities of the situation.
 Protected property include all kinds of property found in the Civil
Code. It has been deemed to include vested rights.
Example:
1. The right to labor, such that an employee may not be
removed without giving due process; and Requisites of PROCEDURAL due process:
2. The right to public office.
For JUDICIAL proceedings: CODE: C J N O H
HEIRARCHY OF RIGHTS: PRIMACY OF HUMAN RIGHTS OVER PROPERTY
RIGHTS 1. A court or tribunal clothed with judicial power to hear and
determine the matter before it.
 The primacy of human rights over property rights are recognized.
Because these freedoms are “delicate and vulnerable, as well as supremely 2. Jurisdiction must be lawfully acquired over the person of the
precious in our society” and the “threat of sanctions may deter their exercise defendant or over the property which is the subject of the proceedings.
almost as potently as the actual application of sanctions,” they “need breathing 3. The defendant must be given notice and an opportunity to be
space to survive,” permitting government regulation only “with narrow specificity.” heard.
 Property and property rights can be lost through prescription; but

4. Judgment must be rendered upon a lawful hearing.
human rights are imprescriptible. If human rights are extinguished by the passage
For ADMINISTRATIVE proceedings: CODE: H E D S H I P
of time, then the Bill of Rights us a useless attempt to limit the power of
government and ceases to be an efficacious shield against tyranny of officials, of
majorities, of the influential and powerful, and of oligarchs. 1. The right to a hearing, which includes the right to present
one’s case and submit evidence in support thereof.

life and liberty.
Property is not a basic right. Property has an intimate relation with 2. The tribunal must consider the evidence presented.
3. The decision must have something to support itself.
4. Evidence supporting the conclusion must be substantial.
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5. The decision must be based on the evidence presented at the Instances when hearings are NOT necessary:
hearing or at least contained in the record and disclosed to the parties affected.
6. The tribunal or body or any of its judges must act on its or his
1. When administrative agencies are exercising their quasi-
legislative functions.
own independent consideration of the law and facts of the controversy, and not
simply accept the views of a subordinate in arriving at a decision. 2. Abatement of nuisance per se.
7. The board or body should, in all controversial questions, 3. Granting by courts of provisional remedies.
render its decision in such a manner that the parties to the proceeding can know 4. Cases of preventive suspension.
the various issues involved and the reasons for the decision rendered.
5. Removal of temporary employees in the government service.
Note: 6. Issuance of warrants of distraint and/or levy by the BIR
1. What is required is not actual hearing, but a real opportunity to be heard.
Commissioner.
2. The requirement of due process can be satisfied by subsequent due hearing.
3. Violation of due process: when same person reviews his own decision on 7. Cancellation of the passport of a person charged with a crime.
appeal. 8. Issuance of sequestration orders (considered a provisional
4. Notice and hearing are required in judicial and quasi-judicial proceedings, but remedy).
not in the promulgation of general rule.
9. Judicial order which prevents an accused from travelling
For SCHOOL DISCIPLINARY proceedings: CODE: W A In A D P abroad in order to maintain the effectivity of the court’s jurisdiction.
10. Suspension of a bank’s operations by the Monetary Board
1. The student must be informed in writing of the nature and upon a prima facie finding of liquidity problems in such bank.
cause of any accusation against them. Note:
1. The right to counsel is a very basic requirement of substantive due process and
2. The student shall have the right to answer the charges
has to be observed even in administrative and quasi-judicial bodies.
against him, with the assistance of counsel if desired.
2. The right to appeal is a statutory privilege that may be exercised only in the
3. The student has the right to be informed of the evidence manner in accordance with law.
against him.
4. The student has the right to adduce evidence in his own Requisites of SUBSTANTIVE due process: CODE: I M
behalf.
5. The evidence must be duly considered by the investigating 1. The INTERESTS of the public generally, as distinguished from those of a
committee or official designated by the school authorities to hear and decide the particular class, requires the interference by the government and
case. 2. The MEANS employed are necessary for the accomplishment of the
6. The penalty imposed must be proportionate to the offense. purpose and not unduly oppressive upon individuals.
Note: Requirements of a valid ordinance:

1. The school has a contractual obligation to afford its students a fair opportunity
to complete the course a student has enrolled for. 1. Must not contravene the Constitution or any statute
2. Exceptions: 2. Must not be unfair or oppressive
3. Serious breach of discipline; or 3. Must not be partial or discriminatory
4. Failure to maintain the required academic standard. 4. Must not prohibit, but may regulate trade
5. Proceedings in student disciplinary cases may be summary; cross-examination 5. Must be general and consistent with public policy
is not essential 6. Must not be unreasonable
When is a law VAGUE?
1. When it lacks COMPREHENSIBLE STANDARDS

2. That men of ordinary intelligence must necessarily GUESS as to its
meaning
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3. And differ as to its application Definition of “PROBABLE CAUSE”
Equal Protection of the law For the issuance of a warrant of arrest:
The equality that it guarantees is legal equality or the equality of all persons before Probable cause refers to such facts and circumstances which would lead a
the law. It does not demand absolute equality. It merely requires that all persons reasonably discreet and prudent man to believe that an offense has been
shall be treated alike, under like circumstances and conditions both as to privileges committed by the person sought to be arrested.
conferred and liabilities enforced.
For the issuance of a search warrant:
Requisites for valid classification for purposes of the equal protection
clause Probable cause would mean such facts and circumstances which would
lead a reasonably discreet and prudent man to believe that an offense has been
The classification must: CODE: SGEE committed and that the objects sought in connection with the offense are in the
place to be searched.
1. Rest on SUBSTANTIAL DISTINCTIONS
Note: Probable cause for the issuance of a search warrant does NOT require that
2. Be GERMANE to the purposes of the law the probable guilt of a specific offender be established, unlike in the case of a
3. NOT LIMITED TO EXISTING CONDITIONS only warrant of arrest.
4. APPLY EQUALLY to all members of the SAME CLASS. Existence of probable cause “DETERMINED PERSONALLY BY THE JUDGE”
The judge is NOT required to personally examine the complainant and his
witnesses. What the Constitution underscores is the exclusive and personal
responsibility of the issuing judge to satisfy himself of the existence of probable
cause (Soliven v. Makasiar, 167 SCRA 394).
Section 2. The right of the people to be secure in their persons, houses, To be sure, the Judge must go beyond the prosecutor’s certification and
papers, and effects against unreasonable searches and seizures of investigation report whenever necessary (Lim v. Felix).
whatever nature and for any purpose shall be inviolable, and no search
warrant or warrant of arrest shall issue except upon probable cause to be Procedure:
determined personally by the judge after examination under oath or 1. The judge personally evaluates the report and supporting documents submitted
affirmation of the complainant and the witnesses he may produce, and by the fiscal regarding the existence of probable cause and, on the basis thereof,
particularly describing the place to be searched and the person or things issue a warrant of arrest or
to be seized. 2. If on the basis thereof, the judge finds no probable cause, he may disregard the
fiscal’s report and require the submission of supporting affidavits of witnesses to
General Rule: Search and seizures are unreasonable UNLESS authorized by a aid him in arriving at the conclusion as to the existence of probable cause.
validly issued search warrant or warrant of arrest
Requisites for a valid warrant: CODE: P J E D
1. It must be issued upon PROBABLE CAUSE.

2. The existence of probable cause is determined personally by the
JUDGE.
3. The judge must EXAMINE UNDER OATH the complainant and the
witnesses he may produce. Examination “UNDER OATH OR AFFIRMATION OF THE COMPLAINANT AND
WITNESSES”
4. The warrant must PARTICULARLY DESCRIBE the place to be searched
and person or things to be seized.
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1. The oath required must refer to the truth of the facts within the personal A. This exception is based on exigency. Thus, if there is time to obtain a
knowledge of the complainant or his witnesses because the purpose is to convince warrant in order to search the vehicle, a warrant must first be obtained.
the judge of the existence of probable cause (Alvarez v. CFI, 64 Phil. 33). B. The search of a moving vehicle must be based on probable cause.
2. The true test of sufficiency of an affidavit to warrant the issuance of a search
warrant is whether it has been drawn in such a manner that perjury could be 3. Seizure of goods concealed to avoid customs duties/authorized under the Tariffs
charged thereon and affiant be held liable for the damages caused (Alvarez v. CFI). and Customs Code
PARTICULARITY OF DESCRIPTION (SEARCH WARRANT) A. The Tariffs and Customs Code authorizes persons having police
authority under the Code to effect search and seizures without a search warrant to
1. A search warrant may be said to particularly describe the things to be seized enforce customs laws.
B. Exception: A search warrant is required for the search of a dwelling
when the description therein is as specific as the circumstances will
house.
ordinarily allow or
C. Searches under this exception include searches at borders and ports of
2. When the description expresses a conclusion of fact – not of law – by entry. Searches in these areas do not require the existence of probable cause
which the warrant officer may be guided in making the search and seizure or
3. When the things described are limited to those which bear a direct
relation to the offense for which the warrant is being issued (Bache and Co. v.
Ruiz, 37 SCRA 823).
JOHN DOE WARRANT
A “John Doe” warrant can satisfy the requirement of particularity of description if it

contains a descriptio personae such as will enable the officer to identify the
accused (People v. Veloso, 48 Phil. 159)
GENERAL WARRANT
A general warrant is one that does not allege any specific acts or omissions
constituting the offense charged in the application for the issuance of the warrant.
It contravenes the explicit demand of the Bill of Rights that the things to be seized
be particularly described.
VALID WARRANTLESS SEARCH
1. Search made as an incident to lawful arrest
A. An officer making an arrest may take from the person arrested:

i. Any money or property found upon his person which was used
in the commission of the offense or
ii. Was the fruit thereof or
iii. Which might furnish the prisoner with the means of
committing violence or escaping or
iv. Which may be used in evidence in the trial of the case
B. The search must be made simultaneously with the arrest and it may
only be made in the area within the reach of the person arrested
2. Search of moving vehicles

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When a person who is detained applies for bail, he is deemed to have waived any
4. Seizure of evidence in plain view irregularity which may have occurred in relation to his arrest.
A. To be a valid warrantless search, the articles must be open to the eye 5. Hot pursuit
and hand.
B. The peace officer comes upon them inadvertently. A. The pursuit of the offender by the arresting officer must be continuous from the
time of the commission of the offense to the time of the arrest.
5. Waiver of right
B. There must be no supervening event which breaks the continuity of the
A. Requisites of a valid waiver: chase.
i. The right exists.

ii. The person had actual or constructive knowledge of the
existence of such right.
iii. There is an actual intention to relinquish such right.
B. The right against unreasonable searches and seizures is a personal

right. Thus, only the person being searched can waive the same.
C. Waiver requires a positive act from the person. Mere absence of
opposition is not a waiver.
D. The search made pursuant to the waiver must be made within the
scope of the waiver.
Note:
1. Checkpoints: as long as the vehicle is neither searched nor its occupants
subjected to a body search and the inspection of the vehicle is limited to a visual
search = valid search (Valmonte V. De Villa)
2. Carroll rule: warrantless search of a vehicle that can be quickly moved out of
the locality or jurisdiction
3. The 1987 Constitution has returned to the 1935 rule that warrants may be
issued only by judges, but the Commissioner of Immigration may order the arrest
of an alien in order to carry out a FINAL deportation order.
VALID WARRANTLESS ARRESTS
1. When the person to be arrested has committed, is actually committing, or is

about to commit an offense in the presence of the arresting officer.
2. When an offense has in fact just been committed and the arresting officer has
personal knowledge of facts indicating that the person to be arrested has
committed it.
3. When the person to be arrested is a prisoner who has escaped from a penal
establishment or place where he is serving final judgment or temporarily confined
while his case is pending, or has escaped while being transferred from one
confinement to another.
4. Waiver of an invalid arrest:

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Prohibitions under Section 4

6. Stop and frisk
1. Prohibition against PRIOR RESTRAINT
When a policeman observes suspicious activity which leads him to believe that a
crime is about to be committed, he can investigate the suspicious looking person 2. Prohibition against SUBSEQUENT PUNISHMENT
and may frisk him for weapons as a measure of self-protection. Should he find,
however, a weapon on the suspect which is unlicensed, he can arrest such person Prohibition against prior restraint
then and there for having committed an offense in the officer’s presence.
1. Prior restraint means official governmental restrictions on the press or other
Section 3. (1) The privacy of communication and correspondence shall forms of expression in advance of actual publication or dissemination.
be inviolable except upon lawful order of the court, or when public safety 2. Examples/forms of prior restraint
or order requires otherwise as prescribed by law. a. movie censorship
(2) Any evidence obtained in violation of this or the preceding section b. judicial prior restraint = injunction against publication
shall be inadmissible for any purpose in any proceedings. c. license taxes based on gross receipts for the privilege of engaging in the
business of advertising in any newspaper
R.A. 4200 (Anti-Wiretapping Act) d. flat license fees for the privilege of selling religious books
1. The law does not distinguish between a party to the private communication or a
third person. Hence, both a party and a third person could be held liable under When prohibition does not apply
R.A. 4200 if they commit any of the prohibited acts under R.A. 4200 (Ramirez v.
Ca) a. During a war. Ex. Government can prevent publication about the
number/locations of its troops (Near v. Minnesota, 238 US 697)
2. The use of a telephone extension to overhear a private conversation is not a b. Obscene publications.
violation of R.A. 4200 because it is not similar to any of the prohibited devices
under the law. Also, a telephone extension is not purposely installed for the Standards for allowable subsequent punishment
purpose of secretly intercepting or recording private communication. (Gaanan v.
IAC, 145 SCRA 112) TEST CRITERION
There should be a RATIONAL CONNECTION between the speech and the evil
Types of communication protected: apprehended.
Letters, messages, telephone calls, telegrams and the like. There should be a clear and present danger that the words when used under such
circumstances are of such a nature as to create a CLEAR AND PRESENT DANGER
Exclusionary rule: that they will bring about the substantive evils that the State has a right to prevent.
Any evidence obtained shall be inadmissible for any purpose in any proceeding. The courts should BALANCE the PUBLIC INTEREST served by legislation on one hand
However, in the absence of governmental interference, the protection against and the FREEDOM OF SPEECH (or any other constitutional right) on the other. The
unreasonable search and seizure cannot be extended to acts committed by private courts will then decide where the greater weight should be placed.
individuals. (People v. Martin)
Freedom of Speech
Section 4. No law shall be passed abridging the freedom of speech, of
expression, or of the press, or of the right of the people peaceably to The doctrine on freedom of speech was formulated primarily for the protection of
assemble and petition the government for redress of grievances. “core” speech, i.e. speech which communicates political, social or religious ideas.
These enjoy the same degree of protection. Commercial speech, however, does
What are considered protected speech: not.
Protected speech includes every form of expression, whether oral, written, tape or Commercial Speech
disc recorded. It includes motion pictures as well as what is known as symbolic
speech such as the wearing of an armband as a symbol of protest. Peaceful 1. A communication which no more than proposes a commercial transaction.
picketing has also been included within the meaning of speech.
2. To enjoy protection:
11
a. It must not be false or misleading; and Right of Assembly and Petition

b. It should not propose an illegal transaction.
1. The standards for allowable impairment of speech and press also apply to the
3. Even truthful and lawful commercial speech may be regulated if: right of assembly and petition.
a. Government has a substantial interest to protect;
b. The regulation directly advances that interest; and 2. Rules on assembly in public places:
c. It is not more extensive than is necessary to protect that interest.
i. Applicant should inform the licensing authority of the date, the
(Central Hudson Gas and Electric Corp. v. Public Service Commission of NY, 447 US
public place where and the time when the assembly will take place.
557)
ii. The application should be filed ahead of time to enable the public
Unprotected Speech
official concerned to appraise whether there are valid objections to the grant of the
permit or to its grant, but in another public place. The grant or refusal should be
1. LIBEL
based on the application of the Clear and Present Danger Test.
A. FAIR COMMENT (U.S. Rule). These are statements of OPINION, not of fact, iii. If the public authority is of the view that there is an imminent and
and are not considered actionable, even if the words used are neither mild nor grave danger of a substantive evil, the applicants must be heard on the matter.
temperate. What is important is that the opinion is the true and honest opinion of
the person. The statements are not used to attack personalities but to give one’s iv. The decision of the public authority, whether favorable or adverse,
opinion on decisions and actions. must be transmitted to the applicants at the earliest opportunity so that they may,
if they so desire, have recourse to the proper judicial authority.
B. OPINIONS. With respect to public personalities (politicians, actors, anyone
3. Rules on assembly in private properties:
with a connection to a newsworthy event), opinions can be aired regarding their
public actuations. Comment on their private lives, if not germane to their public
Only the consent of the owner of the property or person entitled to possession
personae, are not protected.
thereof is required.
Section 5. No law shall be made respecting an establishment of religion,

or prohibiting the free exercise thereof. The free exercise and enjoyment
2. OBSCENITY
of religious profession and worship, without discrimination or preference,
shall forever be allowed. No religious test shall be required for the
A. Test for obscenity (Miller v. California) exercise of civil or political rights.
i. Whether the average person, applying contemporary
community standards would find that the work, taken as a whole, appeals to the Clauses under Section 5
prurient interest.
ii. Whether the work depicts or describes, in a patently 1. Non-establishment clause
offensive way, sexual conduct, specifically defined by law. 2. Free exercise of Religion
iii. Whether the work, taken as a whole, lacks serious
literary, artistic, political or scientific value.
B. Procedure for seizure of allegedly obscene publications Distinction between the clauses (School District v. Schempp, 374 US 203)
i. Authorities must apply for issuance of search warrant.
ii. Court must be convinced that the materials are obscene.
Apply clear and present danger test.
1. The non-establishment clause does not depend upon any showing of direct
governmental compulsion. It is violated by the enactment of laws which establish
iii. Judge will determine whether they are in fact “obscene”.
an official religion whether those laws operate directly to coerce non-observing
iv. Judge will issue a search warrant.
individuals or not. The test of compliance with the non-establishment clause can
v. Proper action should be filed under Art. 201 of the RPC.
be stated as follows: What are the purposes and primary effect of the enactment?
vi. Conviction is subject to appeal.
If either is the advancement or inhibition of religion, the law violates the non-
establishment clause. Thus, in order for a law to comply with the non-
12
establishment clause, two requisites must be met. First, it has a secular legislative
purpose. Second, its primary effect neither advances nor inhibits religion.
Persons entitled to the above rights
2. The free exercise of religion clause withdraws from legislative power the
Only Filipino citizens.
exertion of any restraint on the free exercise of religion. In order to show a
violation of this clause, the person affected must show the coercive effect of the
Discretion of government
legislation as it operates against him in the practice of his religion. While the
freedom to believe (non-establishment) is absolute, the moment such belief flows
The government has discretion with respect to the authority to determine what
over into action, it becomes subject to government regulation.
matters are of public concern and the authority to determine the manner of access
to them.
Requisites for government aid to be allowable:
Recognized restrictions on the right of the people to information:
1. It must have a secular legislative purpose;
2. It must have a primary effect that neither advances nor inhibits religion;
1. National security matters
3. It must not require excessive entanglement with recipient institutions.
2. Intelligence information
3. Trade secrets
Section 6. The liberty of abode and of changing the same within the
4. Banking transactions
limits prescribed by law shall not be impaired except upon lawful order of
5. Diplomatic correspondence
the court. Neither shall the right to travel be impaired except in the
6. Executive sessions
interest of national security, public safety or public health, as may be
7. Closed door cabinet meetings
provided by law.
8. Supreme Court deliberations
Rights guaranteed under Section 6:
Section 8. The right of the people, including those employed in the public
and private sectors, to form unions, associations, or societies for
1. Freedom to choose and change one’s place of abode.
purposes not contrary to law, shall not be abridged.
2. Freedom to travel within the country and outside.
The right to form associations shall not be impaired without due process of law and
Curtailment of rights:
is thus an aspect of the right of liberty. It is also an aspect of the freedom of
contract. In addition, insofar as the associations may have for their object the
RIGHT MANNER OF
advancement of beliefs and ideas, the freedom of association is an aspect of the
CURTAILMENT
freedom of speech and expression, subject to the same limitation.
Lawful order of the court and within the limits prescribed by law.
The right also covers the right not to join an association.
May be curtailed even by administrative officers (ex. passport officers) in the
interest of national security, public safety, or public health, as may be provided by
Government employees have the right to form unions. They also have the right to
law.
strike, unless there is a statutory ban on them.
Note: The right to travel and the liberty of abode are distinct from the right to
Section 9. Private property shall not be taken for public use without just
return to one’s country, as shown by the fact that the Declaration of Human Rights
compensation.
and the Covenant on Human Rights have separate guarantees for these. Hence,
the right to return to one’s country is not covered by the specific right to travel and
Who can exercise the power of eminent domain:
liberty of abode. (Marcos v. Manglapus)
1) The national government
Section 7. The right of the people to information on matters of public
a. Congress
concern shall be recognized.
b. Executive, pursuant to legislation enacted by Congress
2) Local government units, pursuant to an ordinance enacted by their respective
Rights guaranteed under Section 7
legislative bodies (under LGC)
3) Public utilities, as may be delegated by law.
1. Right to information on matters of public concern
2. Right of access to official records and documents
13
When is the exercise of the power of eminent domain necessary? 2. The point of reference use in determining fair value is the value at the
time the property was taken. Thus, future potential use of the land is not
It is only necessary when the owner does not want or opposes the sale of his considered in computing just compensation.
property. Thus, if a valid contract exists between the government and the owner,
the government cannot exercise the power of eminent domain as a substitute to Judicial review of the exercise of the power of eminent domain
the enforcement of the contract.
1. To determine the adequacy of the compensation
Elements of the power of eminent domain 2. To determine the necessity of the taking
3. To determine the "public use" character of the taking. However, if the
1) There is a TAKING of private property expropriation is pursuant to a specific law passed by Congress, the courts cannot
2) Taking is for PUBLIC USE question the public use character of the taking.
3) Payment of JUST COMPENSATION
When municipal property is taken by the State:
Compensation is required if the property is a patrimonial property, that is, property

acquired by the municipality with its private funds in its corporate or private
capacity. However, if it is any other property such a public buildings or legua
comunal held by the municipality for the State in trust for the inhabitants, the State
"TAKING" is free to dispose of it at will.
A. Elements: CODE: E P A P O Point of reference for valuating a piece of property:
1. The expropriator enters the property General rule: The value must be that as of the time of the filing of the complaint
for expropriation.
2. The entrance must not be for a momentary period, i.e., it must be
permanent Exception: When the filing of the case comes later than the time of taking and
3. Entry is made under warrant or color of legal authority meanwhile the value of the property has increased because of the use to which the
expropriator has put it, the value is that of the time of the earlier taking. BUT if the
4. Property is devoted to public use value increased independently of what the expropriator did, then the value is that
5. Utilization of the property must be in such a way as to oust the owner of the latter filing of the case.
and deprive him of the beneficial enjoyment of his property.
B. Compensable taking does not need to involve all the property interests which form
part of the right of ownership. When one or more of the property rights are
appropriated and applied to a public purpose, there is already a compensable
taking, even if bare title still remains with the owner.
Section 10. No law impairing the obligation of contracts shall be passed.
"PUBLIC USE"
When does a law impair the obligation of contracts:
1. Public use, for purposes of expropriation, is synonymous with public
welfare as the latter term is used in the concept of police power. 1) If it changes the terms and conditions of a legal contract either as to the time or
mode of performance
2. Examples of public use include land reform and socialized housing. 2) If it imposes new conditions or dispenses with those expressed
3) If it authorizes for its satisfaction something different from that provided in its
"JUST COMPENSATION" terms.
1. Compensation is just if the owner receives a sum equivalent to the A mere change in PROCEDURAL REMEDIES which does not change the substance of
market value of his property. Market value is generally defined as the fair value of the contract, and which still leaves an efficacious remedy for enforcement does
the property as between one who desires to purchase and one who desires to sell. NOT impair the obligation of contracts.
14
A valid exercise of police power is superior to obligation of contracts. 1) All persons ACTUALLY DETAINED
2) shall, BEFORE CONVICTION
Section 12. Rights of person under investigation for the commission of an 3) Be entitled to bail.
offense.
Rights of person under investigation for the Commission of an offense

CODE: SCISI Who are not entitled to bail:
1) Right to remain silent 1) Persons charged with offenses PUNISHABLE by RECLUSION PERPETUA or
DEATH, when evidence of guilt is strong
2) Right to have competent and independent counsel, preferably of his own choice 2) Persons CONVICTED by the trial court. Bail is only discretionary pending
3) Right to provided with the services of counsel if he cannot afford the services of appeal.
3) Persons who are members of the AFP facing a court martial.
one.
4) Right to be informed of these rights. Other rights in relation to bail.
When rights are available: 1) The right to bail shall NOT be impaired even when the privilege of the writ of
habeas corpus is suspended.
1) AFTER a person has been taken into custody or 2) Excessive bail shall not be required.
2) When a person is otherwise deprived of his freedom of action in any significant
way. Factors considered in setting the amount of bail:
3) When the investigation is being conducted by the government (police, DOJ, NBI)
with respect to a criminal offense. 1) Ability to post bail
4) Signing of arrest reports and booking sheets. 2) Nature of the offense
3) Penalty imposed by law
When rights are not available: 4) Character and reputation of the accused
5) Health of the accused
1) During a police line-up. Exception: Once there is a move among the 6) Strength of the evidence
investigators to elicit admissions or confessions from the suspect. 7) Probability of appearing at the trial
2) During administrative investigations. 8) Forfeiture of previous bail bonds
3) Confessions made by an accused at the time he voluntarily surrendered to the 9) Whether accused was a fugitive from justice when arrested
police or outside the context of a formal investigation. 10)If accused is under bond in other cases
4) Statements made to a private person.
Implicit limitations on the right to bail:
Exclusionary rule
1. The person claiming the right must be in actual detention or custody of the law.
1) Any confession or admission obtained in violation of this section shall be 2. The constitutional right is available only in criminal cases, not, e.g. in
inadmissible in evidence against him (the accused). deportation proceedings.
2) Therefore, any evidence obtained by virtue of an illegally obtained confession is
also inadmissible, being the fruit of a poisoned tree. Note:
1. Right to bail is not available in the military.
Requisites of valid waiver: 2. Apart from bail, a person may attain provisional liberty through recognizance.
1) Waiver should be made in WRITING Section 14. Rights of an accused

2) Waiver should be made in the PRESENCE OF COUNSEL.
Rights of a person charged with a criminal offense
Section 13. Right to bail
1. Right to due process of law
Who are entitled to bail: 2. Right to be presumed innocent
3. Right to be heard by himself and counsel
15
4. Right to be informed of the nature and cause of the accusation against him 2. Right to counsel
5. Right to have a speedy, impartial and public trial
6. Right to meet the witnesses face to face (a) Right to counsel means the right to EFFECTIVE REPRESENTATION.
7. Right to have compulsory process to secure the attendance of witnesses and (b) If the accused appears at arraignment without counsel, the judge must:
the production of evidence in his behalf (i) Inform the accused that he has a right to a counsel before
arraignment
“DUE PROCESS” (ii) Ask the accused if he desires the aid of counsel
(iii) If the accused desires counsel, but cannot afford one, a counsel de
This means that the accused can only be convicted by a tribunal which is required oficio must be appointed
to comply with the stringent requirements of the rules of criminal procedure. (iv) If the accused desires to obtain his own counsel, the court must
give him a reasonable time to get one.
“PRESUMPTION OF INNOCENCE” 3. Right to an impartial judge
4. Right of confrontation and cross-examination
The Constitution does not prohibit the legislature from providing that proof of 5. Right to compulsory process to secure the attendance of witnesses
certain facts leads to a prima facie presumption of guilt, provided that the facts
proved have a reasonable connection to the ultimate fact presumed.
“RIGHT TO BE INFORMED OF THE NATURE AND CAUSE OF ACCUSATION
Presumption of guilt should not be conclusive. AGAINST HIM”
Purposes of the right:
1) To furnish the accused with a description of the charge against him as will
“RIGHT TO BE HEAR BY HIMSELF AND COUNSEL” enable him to make his defenses
2) To avail himself of his conviction or acquittal against a further prosecution for
The right to be heard includes the following rights: the same cause
3) To inform the court of the facts alleged.
1. Right to be present at the trial
If the information fails to allege the material elements of the offense, the accused
A. The right to be present covers the period from ARRAIGNMENT to cannot be convicted thereof even if the prosecution is able to present evidence
PROMULGATION of sentence. during the trial with respect to such elements.
B. After arraignment, trial may proceed notwithstanding absence of accused, The real nature of the crime charged is determined from the recital of facts in the
provided 2 requisites are met. Note, that trial in absentia is allowed only if the information. It is not determined based on the caption or preamble thereof nor
accused has been validly arraigned. from the specification of the provision of law allegedly violated.
(i) Accused has been duly notified; and

(ii) His failure to appear is unjustifiable.
C. The accused may waive the right to be present at the trial by not showing “RIGHT TO SPEEDY, IMPARTIAL AND PUBLIC TRIAL”
up. However, the court can still compel the attendance of the accused if necessary
Factors used in determining whether the right to a speedy trial has been
for identification purposes. EXCEPTION: If the accused, after arraignment, has
violated
stipulated that he is indeed the person charged with the offense and named in the
information, and that any time a witness refers to a name by which he is known,
1) Time expired from the filing of the information
the witness is to be understood as referring to him.
2) Length of delay involved
3) Reasons for the delay
D. While the accused is entitled to be present during promulgation of
4) Assertion or non-assertion of the right by the accused
judgement, the absence of his counsel during such promulgation does not affect its
5) Prejudice caused to the defendant.
validity.
16
Effect of dismissal based on the ground of violation of the accused’s right

to speedy trial
Section 16. All persons shall have the right to a speedy disposition of
If the dismissal is valid, it amounts to an acquittal and can be used as basis to their cases before all judicial, quasi-judicial, or administrative bodies.
claim double jeopardy. This would be the effect even if the dismissal was made
with the consent of the accused Distinction between Section 14 and Section 16
Remedy of the accused if his right to speedy trial has been violated While the rights of an accused only apply to the trial phase of criminal cases, the
right to a speedy disposition of cases covers ALL phases of JUDICIAL, QUASI-
He can move for the dismissal of the case. JUDICIAL or ADMINISTRATIVE proceedings.
If he is detained, he can file a petition for the issuance of writ of habeas corpus.
Section 17. No person shall be compelled to be a witness against himself.
Definition of impartial trial
When is a question incriminating:
The accused is entitled to the “cold neutrality of an impartial judge”.
It is an element of due process. A question tends to incriminate when the answer of the accused or the witness
would establish a fact which would be a necessary link in a chain of evidence to
Definition of public trial prove the commission of a crime by the accused or the witness.
The attendance at the trial is open to all irrespective of their relationship to the Distinction between an accused and an ordinary witness
accused. However, if the evidence to be adduced is “offensive to decency or public
morals”, the public may be excluded. 1. An accused can refuse to take the witness stand by invoking the right against
self-incrimination.
The right of the accused to a public trial is not violated if the hearings are 2. An ordinary witness cannot refuse to take the stand. He can only refuse to
conducted on Saturdays, either with the consent of the accused or if failed to answer specific questions which would incriminate him in the commission of an
object thereto. offense.
“RIGHT TO MEET WITNESS FACE TO FACE” Scope of right
Purposes of the right: 1. What is PROHIBITED is the use of physical or moral compulsion to extort
communication from the witness or to otherwise elicit evidence which would not
1. To afford the accused an opportunity to cross-examine the witness exist were it not for the actions compelled from the witness.
2. To allow the judge the opportunity to observe the deportment of the witness 2. The right does NOT PROHIBIT the examination of the body of the accused or
the use of findings with respect to his body as physical evidence. Hence, the
Failure of the accused to cross-examine a witness fingerprinting of an accused would not violate the right against self-incrimination.
However, obtaining a sample of the handwriting of the accused would violate this
If the failure of the accused to cross-examine a witness is due to his own fault or right if he is charged for falsification.
was not due to the fault of the prosecution, the testimony of the witness should be 3. The accused cannot be compelled to produce a private document in his
excluded. possession which might tend to incriminate him. However, a third person in
custody of the document may be compelled to produce it.
When the right to cross-examine is demandable
When the right can be invoked:
It is demandable only during trials. Thus, it cannot be availed of during preliminary
investigations. 1. In criminal cases
2. In administrative proceedings if the accused is liable to a penalty (Ex. Forfeiture
Principal exceptions to the right of confrontation of property)
1. The admissibility of “dying declarations” Who can invoke the right:

2. Trial in absentia under Section 14(2)
3. With respect to child testimony
17
Only natural persons. Judicial persons are subject to the visitorial powers of the Section 20. No person shall be imprisoned for debt or non-payment of a
state in order to determine compliance with the conditions of the charter granted poll tax.
to them.
Definition of debt under Section 20
Section 18. Right against involuntary servitude
1) Debt refers to a CONTRACTUAL obligation, whether express or implied, resulting
Definition of involuntary servitude in any liability to pay money. Thus, all other types of obligations are not within the
scope of this prohibition.
It is every condition of enforced or compulsory service of one to another no matter
under what form such servitude may be disguised. 2) Thus, if an accused fails to pay the fine imposed upon him, this may result in his
subsidiary imprisonment because his liability is ex delicto and not ex contractu.
Exceptions:
1. Punishment for a crime for which the party has been duly convicted 3) A FRAUDULENT debt may result in the imprisonment of the debtor if:
2. Personal military or civil service in the interest of national defense
3. Return to work order issued by the DOLE Secretary or the President A. The fraudulent debt constitutes a crime such as estafa and
B. The accused has been duly convicted.
Section 21. No person shall be twice put in jeopardy of punishment for

the same offense. If an act punished by a law and an ordinance,
conviction or acquittal under either shall constitute a bar to another
Section 19. Prohibition against cruel, degrading and inhuman prosecution for the same act.
punishment
Requisites for a valid defense of double jeopardy: CODE: ATS
When is a penalty “cruel, degrading and inhuman”?
1. A penalty is cruel and inhuman if it involves torture or lingering suffering. Ex.

1) First jeopardy must have attached prior to the second.
Being drawn and quartered. 2) The first jeopardy must have terminated.
2. A penalty is degrading if it exposes a person to public humiliation. Ex. Being 3) The second jeopardy must be for the same offense as that in the first.
tarred and feathered, then paraded throughout town.
When does jeopardy ATTACH: (1st requisite) CODE: CICAV
Standards used:
1) A person is charged
1. The punishment must not be so severe as to be degrading to the dignity of
2) Under a complaint or information sufficient in form and substance to sustain a
human beings.
conviction
2. It must not be applied arbitrarily.
3) Before a court of competent jurisdiction
3. It must not be unacceptable to contemporary society
4) After the person is arraigned
4. It must not be excessive, i.e. it must serve a penal purpose more effectively
5) Such person enters a valid plea.
than a less severe punishment would.
Excessive fine
A fine is excessive, when under any circumstance, it is disproportionate to the

When does jeopardy NOT attach:
offense.
1) If information does not charge any offense
Note: Fr. Bernas says that the accused cannot be convicted of the crime to which
2) If, upon pleading guilty, the accused presents evidence of complete self-
the punishment is attached if the court finds that the punishment is cruel,
defense, and the court thereafter acquits him without entering a new plea of not
degrading or inhuman.
guilty for accused.
Reason: Without a valid penalty, the law is not a penal law.
3) If the information for an offense cognizable by the RTC is filed with the MTC.
4) If a complaint filed for preliminary investigation is dismissed.
18
When does first jeopardy TERMINATE: (2ND REQUISITE) B. The facts constituting the graver offense became known or were
discovered only after the filing of the former information.
1) Acquittal C. The plea of guilty to the lesser offense was made without the consent
2) Conviction of the fiscal and the offended party.
3) Dismissal W/O the EXPRESS consent of the accused
4) Dismissal on the merits.
Examples of termination of jeopardy: 2) Under (1)(b), if the facts could have been discovered by the prosecution but
were not discovered because of the prosecution’s incompetence, it would not be
1) Dismissal based on violation of the right to a speedy trial. This amounts to an considered a supervening event.
acquittal.
2) Dismissal based on a demurrer to evidence. This is a dismissal on the merits. Effect of appeal by the accused:
3) Dismissal on motion of the prosecution, subsequent to a motion for
reinvestigation filed by the accused. If the accused appeals his conviction, he WAIVES his right to plead double jeopardy.
4) Discharge of an accused to be a state witness. This amounts to an acquittal. The whole case will be open to review by the appellate court. Such court may even
increase the penalties imposed on the accused by the trial court.
When can the PROSECUTION appeal from an order of dismissal:
Section 22. No ex post facto law or bill of attainder shall be enacted.
1) If dismissal is on motion of the accused. Exception: If motion is based on
violation of the right to a speedy trial or on a demurrer to evidence. Definition of ex-post facto law.
2) If dismissal does NOT amount to an acquittal or dismissal on the merits
3) If the question to be passed upon is purely legal. 1) One which makes an action done before the passing of the law, and which was
4) If the dismissal violates the right of due process of the prosecution. innocent when done, criminal, and punishes such action.
5) If the dismissal was made with grave abuse of discretion. 2) One which aggravates the crime or makes it greater than when it was
committed.
What are considered to be the “SAME OFFENSE”: (under the 1st sentence 3) One which changes the punishment and inflicts a greater punishment than that
of Section 21) which the law annexed to the crime when it was committed.
4) One which alters the legal rules of evidence and receives less testimony than
1) Exact identity between the offenses charged in the first and second cases. the law required at the time of the commission of the offense in order to convict
2) One offense is an attempt to commit or a frustration of the other offense. the accused.
3) One offense is necessarily included or necessary includes the other. 5) One which assumes to regulate civil rights and remedies only BUT, in effect,
imposes a penalty or deprivation of a right, which, when done, was lawful.
Note: where a single act results in the violation of different laws or different 6) One which deprives a person accused of a crime of some lawful protection to
provisions of the same law, the prosecution for one will not bar the other so long as which he has become entitled such as the protection of a former conviction or
none of the exceptions apply. acquittal, or a proclamation of amnesty.
Definition of double jeopardy (2nd sentence of Sec. 21) Note: The prohibition on ex post facto laws only applies to retrospective PENAL
laws.
Double jeopardy will result if the act punishable under the law and the ordinance
are the same. For there to be double jeopardy, it is not necessary that the offense Definition of BILL OF ATTAINDER
be the same.
1) A bill of attainder is a LEGISLATIVE act which inflicts punishment W/O JUDICIAL
SUPERVENING FACTS trial.
1) Under the Rules of Court, a conviction for an offense will not bar a prosecution 2) The bill of attainder does not need to be directed at a specifically named
for an offense which necessarily includes the offense charged in the former person. It may also refer to easily ascertainable members of a group in such a way
information where: as to inflict punishment on them without judicial trial.
A. The graver offense developed due to a supervening fact arising from 3) Elements of the bill of attainder
the same act or omission constituting the former charge.
19
A. There must be a LAW. Natural-born citizens:

B. The law imposes a PENAL burden on a NAMED INVIDIDUAL/EASILY
ASCERTAINABLE MEMBERS of a GROUP. 1) Citizens of the Philippines from birth who do not need to perform any act to
C. The penal burden is imposed DIRECTLY by the LAW W/O JUDICIAL trial. acquire or perfect their Philippine citizenship.
2) Those who elect Philippine citizenship under Art. IV, Sec. 1(3) of 1987
ARTICLE IV – CITIZENSHIP Constitution.
Who are citizens of the Philippines? Marriage of Filipino with an alien:
1) Those who are citizens of the Philippines at the time of the adoption of the 1987 1) General Rule: The Filipino RETAINS Philippine citizenship
Constitution
2) Those whose fathers or mothers are citizens of the Philippines. 2) Exception: If, by their act or omission they are deemed, under the law, to have
3) Those born before January 17, 1973 of Filipino mothers, who elect Philippine renounced it.
citizenship upon reaching the age of majority.
4) Those who are naturalized in accordance with law. Examples of renunciation of Philippine citizenship:
Modes of acquiring citizenship: 1) Voluntarily obtaining foreign passport

2) Pledging allegiance to another country (ex. by becoming a naturalized citizen of
1) Jus Soli – acquisition of citizenship on the basis of place of birth another country)
2) Jus Sanguinis – acquisition of citizenship on the basis of blood relationship
3) Naturalization – the legal act of adopting an alien and clothing him with the Re-acquisition of citizenship
privilege of a native-born citizen.
Natural-born Filipinos who are deemed to have lost their citizenship may re-acquire
the same via repatriation proceedings. This involves taking an oath of allegiance
Note: The Philippines follows (2) and (3) and filing the same with the civil registry.
Election of citizenship under the 1987 Constitution: How may one lose citizenship:
Prior to the 1973 Constitution, if a Filipina married an alien, she lost her Filipino 1. By naturalization in a foreign country
citizenship. Hence, her child would have to elect Filipino citizenship upon reaching 2. By express renunciation of citizenship
the age of majority. Under the 1973 Constitution, however, children born of Filipino 3. By subscribing oath or allegiance to a foreign Constitution
mothers were already considered Filipinos. Therefore, the provision on election of 4. By serving in the armed forces of an enemy country
citizenship under the 1987 Constitution only applies to those persons who were 5. By being a deserter of the armed forces of one’s country
born under the 1935 Constitution. In order for the children to elect Filipino
citizenship, the mothers must have been Filipinos at the time of their marriage. So, How may one reacquire citizenship:
if your mother was a Filipina who married an alien under the 1935 constitution and
you were born before January 17, 1973, you can elect Filipino citizenship upon 1. By direct act of Congress
reaching the age of majority. 2. By naturalization
3. By repatriation
When must the election be made:
The election must be made within a reasonable period after reaching the age of ARTICLE V – SUFFRAGE
majority.
Qualifications: CODE: CD18RR
Effects of naturalization:
1) The legitimate minor children of the naturalized father become Filipinos as well.
1) Citizen of the Philippines
2) The wife also becomes a Filipino citizen, provided that she does not have any 2) Not Disqualified by law
disqualification which would bar her from being naturalized. 3) At least 18 years old
20
4) Resident of the Philippines for at least 1 year Note:
5) Resident of the place wherein he/she proposes to vote for at least 6 months The original legislative power of the people is exercised via initiative and
immediately preceding the election. referendum. In this manner, people can directly propose and enact laws, or
approve or reject any act or law passed by Congress or a local government unit.
Note: NO literacy, property or other substantive requirement can be imposed on
the exercise of suffrage. Limits on the legislative power of Congress:
Residency requirement 1. Substantive – limitations on the content of laws. E.g. no law shall be passed
establishing a state religion.
Residency, under Article V has 2 senses:
1. DOMICILE – This is in reference to the 1 year residency requirement in the 2. Procedural – limitations on the manner of passing laws. E.g. generally a bill
Philippines. must go through three readings on three separate days.
2. TEMPORARY RESIDENCE – This is in reference to the 6 month residency
requirement in the place where one wants to vote. In this case, residence can Note:
either mean domicile or temporary residence. Provided that these two limitations are not exceeded, Congress’ legislative power is
plenary.
Disqualifications:
Corollaries of legislative power:
1) Any person sentenced by final judgment to imprisonment of not less than 1
year, which disability has not been removed by plenary pardon. 1. Congress cannot pass irrepealable laws. Since Congress’ powers are plenary,
2) Any person adjudged by final judgment of having violated his allegiance to the and limited only by the Constitution, any attempt to limit the powers of future
Republic of the Philippines. Congresses via an irrepealable law is not allowed.
3) Insane or feeble-minded persons.
2. Congress, as a general rule, cannot delegate its legislative power. Since the
Note Under the 2nd disqualification, the right to vote is automatically re-acquired people have already delegated legislative power to Congress, the latter cannot
upon the expiration of 5 years after the service of sentence. delegate it any further.
ARTICLE VI – THE LEGISLATIVE DEPARTMENT EXCEPTIONS:
SEC. 1. The legislative power shall be vested in the Congress of the 1. Delegation of legislative power to local government units;
Philippines, which shall consist of a Senate and a House of 2. Instances when the Constitution itself allows for such delegation [see Art. VI
Representatives, except to the extent reserved to the people by the Sec. 23(2)]
provision on initiative and referendum.
What may Congress delegate:
Definition of Legislative Power:
Congress can only delegate, usually to administrative agencies, RULE-MAKING
The authority to make laws and to alter or repeal them. POWER or LAW EXECUTION. This involves either of two tasks for the administrative
agencies:
Classification of legislative power: (O De CO)
1. “Filling up the details” on an otherwise complete statute; or
1. Original – Possessed by the people in their sovereign capacity 2. Ascertaining the facts necessary to bring a “contingent” law or
provision into actual operation.
2. Delegated – Possessed by Congress and other legislative bodies by virtue of the
Constitution Sections 2-4. SENATE
3. Constituent – The power to amend or revise the Constitution
Composition
4. Ordinary – The power to pass ordinary laws
21
24 senators who shall be elected at large by the qualified voters of the Philippines,
as may be provided by law.
Qualifications
1. 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 from
these 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.
22
No member of the House of Representatives shall serve for more than three (3)
Sections 5-7. HOUSE OF REPRESENTATIVES consecutive terms.
Composition: Distinctions between Term and Tenure
1. Not more than 25 members, unless otherwise fixed by law; and 1. Definition
2. Party-list Representatives
a. Terms means the period during which the elected officer is legally
Election of 250 members authorized to assume his office and exercise the powers thereof.
b. Tenure is the actual period during which such officer actually holds his
1. They shall be elected from legislative districts apportioned among the position.
provinces, cities and the Metropolitan Manila area.
2. Legislative districts are apportioned in accordance with the number of 2. Limitation/Possible Reduction
inhabitants of each area and on the basis of a uniform and progressive ratio. a. Term CANNOT be reduced.
b. Tenure MAY, by law, be limited. Thus, a provision which considers an
a. Each district shall comprise, as far as practicable, contiguous, compact elective office automatically vacated when the holder thereof files a certificate of
and adjacent territory; candidacy for another elective office (except President and Vice-President) is valid,
b. Each city with at least 250,000 inhabitants will be entitled to at least as it only affects the officers tenure and NOT his constitutional term.
one representative.
c. Each province will have at least one representative. Party-List Representatives
d. Legislative districts shall be re-apportioned by Congress within 3 years
after the return of each census. According to Jack, however, while the 1. Constitute 20% of the total number of representatives, including those under
apportionment of districts is NOT a political question, the judiciary CANNOT compel the party-list system (thus a maximum of 50 party-list members of the House)
Congress to do this.
e. The standards used to determine the apportionment of legislative 2. However, for 3 consecutive terms from 2 February 1987 (i.e., the 1987-92, 92-
districts is meant to prevent ‘gerrymandering’, which is the formation of a 95 and 95-98 terms), 25 seats shall be allotted to sectoral representatives. Under
legislative district out of separate territories so as to favor a particular candidate or Art. XVIII, Sec. 7, the sectoral representatives are to be appointed by the President
party. until legislation otherwise provides.
Qualifications 3. Mechanics of the party-list system:

a. Registered organizations submit a list of candidates in order of priority.
1. Natural born citizen of the Philippines; b. During the elections, these organizations are voted for at large.
2. At least 25 years old on the day of the election; c. The number of seats that each organization gets out of the 20%
3. Able to read and write; allotted to the system depends on the number of votes they get.
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 4. Qualifications
of the election.
a. Natural born citizen of the Philippines
Term of Office b. At least 25 years of age on the day of the election
c. Able to read and write
1. 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 SEC. 9. In case of vacancy in the Senate or in the House of
following their election. Representatives, a SPECIAL ELECTION may be called to fill such vacancy
2. Voluntary renunciation of office for any length of time shall not be considered as in the manner prescribed by law, but the Senator or Member of the House
an interruption in the continuity of his service for the full term for which he was of Representatives thus elected shall serve only for the unexpired term.
elected.
SEC. 10. Salaries of Senators and Members of the House
Term Limitations
Determination of Salaries:
23
Salaries of Senators and Members of the House of Representatives shall be SEC. 12. All Members of the Senate and the House of Representatives
determined by law. shall, upon assumption of office, make a full disclosure of their financial
and business interests. They shall notify the House concerned of a
Rule on increase in salaries: potential conflict of interest that may arise from the filing of a proposed
legislation of which they are authors.
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 SEC. 13-14: CONGRESSIONAL DISQUALIFICATIONS:
OF REPRESENTATIVES APPROVING SUCH INCREASE.
Disqualifications:
Note: Since the Constitution ‘provides for rules on “salaries” and not on
‘emoluments,’ our distinguished legislators can appropriate for themselves other DISQUALIFICATION WHEN APPLICABLE
sums of money such as travel allowances, as well as other side ‘benefits.’ 1. Senator/Member of the House cannot hold any During his term. If he does so, he forf
other office or employment in the Government
SEC. 11: CONGRESSIONAL IMMUNITIES or any subdivision, agency or Instrumentality
thereof, including GOCCS or their subsidiaries.
1.) 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. 2. Legislators cannot be appointed to any office. IF the office was created or the
c. The immunity is only with respect to arrests and NOT to prosecution for criminal thereof increased during the term for
offenses. elected.
2.) Legislative privilege:
a. No member shall be questioned or held liable in any forum other than 3. Legislators cannot personally appear as counsel During his term of office.
his/her respective Congressional body for any debate or speech in the Congress or before any court of justice, electoral tribunal,
in any Committee thereof. quasi-judicial and administrative bodies.
4. Legislators cannot be financially interested During his term of office.

directly or indirectly in any contract with or in any
b. Limitation on the privilege: franchise, or special privilege granted by the
Government, or any subdivision, agency or
(i) Protection is only against forum other than Congress itself. Thus instrumentality thereof, including any GOCC or its
for inflammatory remarks which are otherwise privileged, a member may be subsidiary.
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
5. Legislators cannot intervene in any matter When it is for his pecuniary benefit
made, votes cast, as well as bills introduced, and other activities done in
before any office of the government. may be called upon to act on account
performance of their official duties.
(iii) Congress need NOT be in session when the utterance is made, as
long as 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. 15: REGULAR AND SPECIAL SESSIONS
Regular Sessions:
24
1.) The Journal is conclusive upon the courts.

1.) Congress convenes once every year on the 4th Monday of July (unless otherwise 2.) BUT an enrolled bill prevails over the contents of the Journal.
provided for by law) 3.) An enrolled bill is the official copy of approved legislation and bears the
2.) Continues in session for as long as it sees fit, until 30 days before the opening certifications of the presiding officers of each House. Thus where the certifications
of the next regular session, excluding Saturdays, Sundays, and legal holidays. 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:
Special Sessions: 1.) Neither House can adjourn for more than 3 days during the time Congress is in
session without the consent of the other House.
Called by the President at any time when Congress is not in session. 2.) Neither can they adjourn to any other place than that where the two houses are
sitting, without the consent of the other.
SEC. 16. Officers:
Section 17: THE ELECTORAL TRIBUNAL
1.) Senate President;
2.) Speaker of the House; and The Senate and the House shall each have an Electoral Tribunal which
3.) Each House may choose such other officers as it may deem necessary. shall be composed of:
Election of Officers 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.
By a majority vote of all respective members. The senior Justice in the Electoral Tribunal shall be its Chairman.
Quorum to do business:
1. Majority of each House shall constitute a quorum. Note: The congressional members of the ET’s shall be chosen on the basis of
2. A smaller number may adjourn from day to day and may compel the attendance proportional representation from the political parties and party-list organizations.
of absent members.
3. In computing a quorum, members who are outside the country and thus outside Jurisdiction:
of each House’s coercive jurisdiction are not included.
1.) Each ET shall be the sole judge of all CONTESTS relating to the election, returns,
Internal Rules: and qualifications of their respective members. This includes determining the
validity or invalidity of a proclamation declaring a particular candidate as the
1. Each House shall determine its own procedural rules. winner.
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 2.) An ‘election contest’ is one where a defeated candidate challenges the
implementation of these rules insofar as they affect the members of Congress. qualification and claims for himself the seat of a proclaimed winner.
3. Also, since Congress has the power to make these rules, it also has the power to
ignore them when circumstances so require. 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-
Discipline: taking until their qualifications are determined may still be exercised even without
an election contest.
1.) Suspension
a. Concurrence of 2/3 of ALL its members and Issues regarding the Electoral Tribunals:
b. Shall not exceed 60 days.
1.) Since the ET’s are independent constitutional bodies, independent even of the
2.) Expulsion House from which the members are respectively taken, neither Congress nor the
a. Concurrence of 2/3 of ALL its members. Courts may interfere with procedural matters relating to the functions of the ET’s,
such as the setting of deadlines or filing their election contests with the respective
Congressional Journals and Records: ETs.
25
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 3.) Appointments extended by the President to the above-mentioned positions
may they be removed for not voting according to party lines, since they are acting while Congress is not in session shall only be effective until disapproval by the CA
independently of Congress. or until the next adjournment of Congress.
3.) The mere fact that the members of either the Senate or the House sitting on the Meetings of the CA
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 1.) CA meets only while Congress is in session.
sitting in the ET. The Constitution is quite clear that the ET must act with both 2.) Meetings are held either at the call of the Chairman or a majority of all its
members from the SC and from the Senate or the House. If all the legislator- members.
members of the ET were to be disqualified, the ET would not be able to fulfill its 3.) Since the CA is also an independent constitutional body, its rules of procedure
constitutional functions. are also outside the scope of congressional powers as well as that of the judiciary.
4.) Judicial review of decisions of the ETs may be had with the SC only insofar as Note: The ET and the CA shall be constituted within 30 days after the Senate and
the decision or resolution was rendered without or in excess of jurisdiction or with the House of Representative shall have been organized with the election of the
grave abuse of discretion constituting denial of due process. President and the Speaker.
Section 18: THE COMMISSION ON APPOINTMENTS Sections 21-22: LEGISLATIVE INQUIRIES
Composition: Scope:
1.) Senate President as ex-officio chairman; 1. Either House or any of their committees may conduct inquires ‘in aid of
2.) 12 Senators; and legislation’.
3.) 12 Members of the House. 2. “In aid of legislation” does not mean that there is pending legislation regarding
the subject of the inquiry. In fact, investigation may be needed for purposes of
Note: The 12 Senators and 12 Representatives are elected on the basis of proposing future legislation.
proportional representation from the political parties and party-list organizations. 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
Voting/Action of prosecution’. This violates the principle of separation of powers and is beyond
the scope of congressional powers.
1.) The chairman shall only vote in case of a tie.
2.) The CA shall act on all appointments within 30 session days from their Enforcement:
submission to Congress.
3.) The Commission shall rule by a majority vote of all the Members. 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
Jurisdiction testify.
1.) CA shall confirm the appointments by the President with respect to the following 2. The continuance of such incarceration only subsists for the lifetime, or term, of
positions: 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 for
a. Heads of the Executive Departments (except if it is the Vice-President who only 3 years. But if one is incarcerated by the Senate, it is indefinite because the
is appointed to the post). Senate, with its staggered terms, is a continuing body.
b. Ambassadors, other public ministers or consuls.
c. Officers of the AFP from the rank of Colonel or Naval Captain: and 3. BUT, in order for a witness to be subject to this incarceration, the primary
d. Other officers whose appointments are vested in him by the Constitution requirement is that the inquiry is within the scope of Congress’ powers. i.e. it is in
(e.g. COMELEC members). aid of legislation.
2.) Congress CANNOT by law prescribe that the appointment of a person to an 4. The materiality of a question is determined not by its connection to any actually
office created by such law shall be subject to confirmation by the CA. pending legislation, but by its connection to the general scope of the inquiry.
26
b. Powers will be subject to restrictions prescribed by Congress
3. Expiration of emergency powers

a. By resolution of Congress or
5. The power to punish for contempt is inherent in Congress and this power is sui b. Upon the next adjournment of Congress
generis. It cannot be exercised by local government units unless they are
expressly authorized to do so. Sections 24-27, 30-31 LEGISLATION
Limitations: Bills that must originate from the House of Representatives (Section 24)
CODE: A R T Pu Lo P
1. The inquiry must be conducted in accordance with the ‘duly published rules of
procedure’ of the House conducting the inquiry; and 1. Appropriation bills
2. Revenue bills
2. The rights of persons appearing in or affected by such inquiries shall be
respected. Ex. The right against self-incrimination. 3. Tariff bills
4. Bills authorizing the increase of public debt
Appearance by department heads before Congress: 5. Bills of local application
6. Private bills
1. Since members of the executive department are co-equals with those of the
legislative department, under the principle of separations of powers, department
heads cannot be compelled to appear before Congress. Neither may the
Note: The Senate may, however, propose or concur with amendments.
department heads impose their appearance upon Congress.
Appropriation bills
2. Department heads may appear before Congress in the following instances:
1. The primary and specific aim of an appropriation bill is to appropriate a sum of
a. Upon their own initiative, with the consent of the President (and that of
money from the public treasury.
the House concerned); or
2. Thus, a bill enacting the budget is an appropriations bill.
b. Upon the request of either House (which cannot compel them to attend)
3. BUT: A bill creating a new office, and appropriating funds therefor is NOT an
3. The appearance will be conducted in EXECUTIVE SESSION when:
appropriation bill.
a. Required by the security of state or required by public interest; and
Revenue Bill
b. When the President so states in writing
1. A revenue bill is one specifically designed to raise money or revenue through
Sections 23-24. DECLARATION OF WAR/EMERGENCY POWERS
imposition or levy.
Vote requirement: (to declare the existence of a state of war)
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
1. 2/3 of both Houses, in joint session
does not make the law a revenue bill.
2. Voting separately
Bills of local application
Emergency powers:
A bill of local application, such as one asking for the conversion of a municipality
1. During times of war or other national emergency, Congress may, BY LAW,
into a city, is deemed to have originated from the House provided that the bill of
authorize the President to exercise powers necessary and proper to carry out a
the House was filed prior to the filing of the bill in the Senate even if, in the end,
declared national policy.
the Senate approved its own version.
2. Limitations:
Limitations:
a. Powers will be exercised for a limited period only; and
27
1. For appropriation bills: a. Every bill shall embrace only one (1) subject, as expressed in the title
thereof
a. Congress cannot increase the appropriations recommended by the
President for the operation of the Government as specified in the budget. i. As a mandatory requirement
b. Each provision or enactment in the General Appropriations Bill must relate ii. The title does not have to be a complete catalogue of everything stated in the bill. It
specifically to some particular appropriation therein and any such provision or is sufficient if the title expresses the general subject of the bill and all the
enactment must be limited in its operation to the appropriation to which it relates. provisions of the statute are germane to that general subject.
c. The procedure in approving appropriations for Congress shall strictly follow iii. A bill which repeals legislation regarding the subject matter need not state in the
the procedure for approving appropriations for other departments and agencies. title that it is repealing the latter. Thus, a repealing clause in the bill is considered
germane to the subject matter of the bill.
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 b. Readings
National Treasurer or to be raised by a corresponding revenue proposal therein.
1. In order to become a law, each bill must pass three (3) readings in
e. Transfer of appropriations: both Houses.
2. General rule: Each reading shall be held on separate days & printed
i. Rule: No law shall be passed authorizing any transfer of copies thereof in its final form shall be distributed to its Members three (3) days
appropriations before its passage.
ii. BUT the following may, BY LAW, be authorized to AUGMENT any 3. Exception: If a bill is certified as urgent by the President as to the
item in the general appropriations law for their respective offices from savings in necessity of its immediate enactment to meet a public calamity or emergency, the
other items of their respective appropriations 3 readings can be held on the same day.
- President 4. First reading – only the title is read; the bill is passed to the proper
- President of the Senate committee
- Speaker of the House of Representatives Second reading – Entire text is read and debates are held, and amendments
- Chief of Justice of the Supreme Court introduced.
- Heads of the Constitutional Commissions Third reading – only the title is read, no amendments are allowed. Vote shall be
taken immediately thereafter and the yeas and nays entered in the journal.
f. Discretionary funds appropriated for particular officials shall be:
i. Disbursed only for public purposes; Veto power of President:
ii. Should be supported by appropriate vouchers; and
iii. Subject to guidelines as may be prescribed by law. 1. Every bill, in order to become a law, must be presented to and signed by the
President.
2. If the President does not approve of the bill, he shall veto the same and return
g. If Congress fails to pass General Appropriations Bill (GAB) by the end of any it with his objections to the House from which it originated. The House shall enter
fiscal year: the objections in the Journal and proceed to reconsider it.
i. The GAB for the previous year is deemed reenacted 3. The President must communicate his decision to veto within 30 days from the
ii. It will remain in full force and effect until the GAB is passed by date of receipt thereof. If he fails to do so, the bill shall become a law as if he
Congress. signed it.
2. For law granting tax exemption 4. This rule eliminates the ‘pocket veto’ whereby the President would simply
refuse to act on the bill.
It should be passed with the concurrence of a MAJORITY of ALL the members of
Congress. 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 overriden and becomes a law
3. For bills in general without need of presidential approval.
28
6. Item veto 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.
a. The President may veto particular items in an appropriation, revenue or
tariff bill. Constitutional tax exemptions:
b. This veto will not affect items to which he does not object. 1) The following properties are exempt from REAL PROPERTY taxes
(CODE: Cha Chu M- CA)
c. Definition of item
a) Charitable institutions
TYPE OF BILL ITEM b) Churches, and parsonages or convents appurtenant thereto
1. Revenue/tax bill Subject of the tax and the tax rate imposed c) Mosques
thereon d) Non-profit cemeteries; and
2. Appropriations bill Indivisible sum dedicated to a stated purpose e) All lands, buildings and improvements actually, directly and exclusively
used for religious, charitable, or educational purposes.
d. Veto of RIDER
1. A rider is a provision which does not relate to a particular appropriation

stated in the bill. 2) All revenues and assets of NON-STOCK NON-PROFIT EDUCATIONAL institutions
2. Since it is an invalid provision under Section 25(2), the President may are exempt from taxes and duties PROVIDED that such revenues and assets are
veto it as an item. actually, directly and exclusively used for educational purposes. (Art. XIV Sec 4
(3))
Specific limitations on legislation
3) Grants, endowments, donations or contributions used actually, directly and
1. No law shall be enacted increasing the Supreme Court’s appellate jurisdiction exclusively for educational purposes shall be exempt from tax. This is subject to
without the SC’s advice and concurrence. conditions prescribed by law. (Art. XIV. Sec 4 (4))
2. No law shall be enacted granting titles of royalty or nobility. Section 29. Power of the Purse
Section 28. POWER TO TAX 1) No money shall be paid out of the National Treasury EXCEPT in pursuance of an
appropriation made by law.
Limitations:
a) This places the control of public funds in the hands of Congress.
1) The rule of taxation should be UNIFORM b) BUT: This rule does not prohibit continuing appropriations. e.g. for debt
2) It should be EQUITABLE servicing. This is because the rule does not require yearly, or annual appropriation.
3) Congress should evolve a PROGRESSIVE system of taxation.
4) The power to tax must be exercised for a public purpose because the power 2) Limitations.
exists for the general welfare
5) The due process and equal protection clauses of the Constitution should be a) Appropriations must be for a PUBLIC PURPOSE
observed. b) Cannot appropriate public funds or property, directly or indirectly, in favor
of
Delegation of power to fix rates (i) Any sect, church, denomination, or sectarian institution or system
of religion or
1) Congress may, BY LAW, authorize the President to fix the following: (ii) Any priest, preacher, minister, or other religious teacher or
dignitary as such.
a) Tariff rates EXCEPT if the priest, etc is assigned to:
b) Import and Export Quotas - the Armed Forces; or
c) Tonnage and wharfage dues - any penal institution; or
d) Other duties and imposts - government orphanage; or
Within the framework of the national development program of the Government - leprosarium
29
Section 2. QUALIFICATIONS
c) 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 1) Natural-born citizen of the Philippines
national police force is valid even if the police also protects the safety of 2) Registered voter;
clergymen. 3) Able to read and write;
4) At least 40 years old on the day of election
d) ALSO, the temporary use of public property for religious purposes is valid, 5) Philippine resident for at least 10 years immediately preceding such election.
as long as the property is available for all religions
3) Special Funds 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
a) Money collected on a tax levied for a special purpose shall be treated as a removed from office in the same manner as the President.
special fund and paid out for such purpose only.
b) Once the special purpose is fulfilled or abandoned, any balance shall be Section 4. MANNER OF ELECTION/ TERM OF OFFICE
transferred to the general funds of the Government
Manner of Election
Section 32. INITIATIVE AND REFERENDUM
1) The President and Vice-President shall be elected by direct vote of the people.
1) 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 2) Election returns for President and Vice-President, as duly certified by the proper
by the Congress or local legislative body. Board of Canvassers shall be forwarded to Congress, directed to the Senate
President.
2) Required Petition
3) Not later than 30 days after the day of the election, the certificates shall be
a) Should be signed by at least 10% of the total number of registered voters opened in the presence of both houses of Congress, assembled in joint public
b) Every legislative district should be represented by at least 3% of the session.
registered voters
c) Petition should be registered 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.
ARTICLE VII. THE EXECUTIVE DEPARTMENT
6) In case of a tie between 2 or more candidates, one shall be chosen by a
Section 1. EXECUTIVE POWER 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
Scope: is broken.
1) Executive power is vested in the President of the Philippines. 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 and
2) The scope of this power is set forth in Art. VII of the Constitution. But this power may promulgate its rules for the purpose.
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 Term of Office
President is immune from suit and criminal prosecution while he is in office.
1) President
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. a) 6 years beginning at noon on 30 June immediately following the election
and ending at noon on the same day 6 years later.
4) BUT The President CANNOT dispose of state property unless authorized by law.
b) Term limitation: Single term only; not eligible for any reelection.
30
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.
2) Vice-President:
3) Vacancy in office of Vice-President during the term for which he was elected:
a) 6 years, starting and ending the same time as the President.
a) President will nominate new VP from any member of either House of
b) Term limitation: 2 successive terms. Congress.
c) Voluntary renunciation of the office for any length of time is NOT an b) Nominee shall assume office upon confirmation by majority vote of ALL
interruption in the continuity of service for the full term for which the Vice- members of both Houses, voting separately. (Nominee forfeits seat in Congress)
President was elected.
4) Election of President and Vice-President after vacancy during tem
Section 6. SALARIES AND EMOLUMENTS
a) Congress shall convene 3 days after the vacancy in the office of both the
1) Official salaries are determined by law. President and the VP, without need of a call. The convening of Congress cannot be
2) Salaries cannot be decreased during the TENURE of the President and the Vice- suspended.
President.
3) Increases take effect only after the expiration of the TERM of the incumbent b) Within 7 days after convening, Congress shall enact a law calling for a
during which the increase was approved. special election to elect a President and a VP. The special election cannot be
4) Prohibited from receiving any other emolument from the government or any postponed.
other source during their TENURE
c) The special election shall be held not earlier than 45 days not later than 60
Sections 7-12, PRESIDENTIAL SUCCESSION days from the time of the enactment of the law.
1. Vacancies at the beginning of the term d) The 3 readings for the special law need not be held on separate days.
VACANCY SUCCESSOR e) The law shall be deemed enacted upon its approval on third reading.
President-elect fails to qualify or to be chosen VP-elect will be Acting President until someone is
qualified/chosen as President. BUT: No special election shall be called if the vacancy occurs within 18 months
President-elect dies or is permanently disabled. VP becomes President. before the date of the next presidential election.
Both President and VP-elect are not chosen or do 1. Senate President or
not qualify or both die, or both become 2. In case of his inability, the Speaker of the disability of the President:
5) Temporary
permanently disabled. House shall act as President until a President or a
VP shall have been chosen and qualified.
The temporary inability of the President to discharge his duties may be raised in
In case of death or disability of (1) andof (2),
either two ways:
Congress shall determine, by law, who will be the
acting President. 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.
VACANCY SUCCESSOR
President dies, is permanently disabled, is Vice-President becomes Presidentb) for theWhen a majority of the Cabinet members transmit to the Senate
impeached, or resigns. unexpired term. President and the Speaker their written declaration.
Both President and Vice-President die, become 1. Senate President or
permanently disabled, are impeached, or resign. 2. In case of his inability, the Speaker
(i) of the The VP will immediately be Acting President.
House shall act as President until the President or
VP shall have been elected and qualified.
(ii) BUT: If the President transmits a written declaration that he is
not disabled, he reassumes his position
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(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.
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
32
1) Since the power to appoint is executive in nature, Congress cannot usurp this
Section 13. DISQUALIFICATIONS function.
SUBJECT SOURCE OF DISQUALIFICATION 2) While Congress (and the Constitution in certain cases) may prescribe the
President, Vice-President, Cabinet Prohibited from: qualifications for particular offices, the determination of who among those who are
Members, Deputies or Assistants of 1. qualified
Holding any office or employment during their will be appointed is the President’s prerogative.
tenure,
Cabinet Members UNLESS:
a. otherwise provided in the Constitution (e.g. VP can be

appointed a Cabinet Member, Sec. of Justice sits onScope:
Judicial and
Bar Council); or
b. the positions are ex-officio and they do not The President
receive any shall appoint the following:
salary or other emoluments therefor (e.g. Sec. of Finance is
head of Monetary Board). 1) Heads of executive departments (CA confirmation needed):
2) Ambassadors, other public ministers, and consuls (CA confirmation needed).
2. Practicing, directly or indirectly, any other3)profession
Officers of AFP from rank of colonel or naval captain (CA confirmation needed).
during their tenure; 4) Other officers whose appointment is vested in him by the Constitution (CA
confirmation needed), such as:
3. Participating in any business; a) Chairmen and members of the COMELEC, COA and CSC.
b) Regular members of the Judicial and Bar Council.
4. Being financially interested in any contract with,c) or in anyThe Ombudsman and his deputies;
d)
franchise, or special privilege granted by the government or anySectoral representatives in Congress.
subdivision, agency or instrumentality thereof, including GOCC's
or their subsidiaries. • N.B. President also appoints members of the Supreme Court and
judges of the lower courts, but these appointments do not need CA confirmation.
N.B. The rule on disqualifications for the President and his
Cabinet are stricter than the normal rules applicable 5) All otherto officers whose appointments are not otherwise provided for by law;
appointive and elective officers under Art. IX-B, Sec. and
7. those whom he may be authorized by law to appoint.
Spouses and 4th degree relatives of Cannot be appointed during President’s tenure as:
the President (consanguinity or a) This includes the Chairman and members of the Commission on
affinity) 1. Members of the Constitutional Commissions; Human Rights, whose appointments are provided for by law NOT by the
2. Office of the Ombudsman; Constitution.
3. Department Secretaries;
4. Department under-secretaries; b) Congress may, by law, vest the appointment of other officers lower in
5. Chairman or heads of bureaus or offices rank in the President alone or in the courts, or in the heads of departments,
including
GOCC’s and their subsidiaries. agencies, boards or commissions.
N.B. c) BUT: Congress cannot, by law, require CA confirmation of the

a. If the spouse, etc., was already in any of the above offices at of other officers for offices created subsequent to the 1987
appointment
the time before his/her spouse became President, Constitution
he/she may (e.g. NLRC Commissioners, Bangko Sentral Governor).
continue in office. What is prohibited is appointment and
reappointment, NOT continuation in office. d) ALSO: Voluntary submission by the President to the CA for
b. Spouses, etc., can be appointed to the judiciary and as of an appointment which is not required to be confirmed does not vest
confirmation
ambassadors and consuls. the CA with jurisdiction. The President cannot extend the scope of the CA’s power
as provided for in the Constitution.
Sections 14-16. POWER TO APPOINT Procedure:
Principles: 1) CA confirmation needed:
a) Nomination by President
33
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.
34
2) Thus, generally the acts of these department heads, etc, which are performed
Ad-interim appointments: and promulgated in the regular course of business, are presumptively the acts of
the President.
1) When Congress is in recess, the President may still appoint officers to positions
subject to CA confirmation. 3) Exception: If the acts are disapproved or reprobated by the President.
2) These appointments are effective immediately, but are only effective until they 4) Under Administrative Law, decisions of Department Secretaries need not be
are disapproved by the CA or until the next adjournment of Congress. appealed to the President in order to comply with the requirement of exhaustion of
administrative remedies.
3) Appointments to fill an office in an ‘acting’ capacity are NOT ad-interim in
nature and need no CA approval. 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
Appointments by an Acting President: be exercised personally by the President.
These shall remain effective UNLESS revoked by the elected President within 90
days from his assumption or re-assumption of office. Disciplinary Powers:
Limitation 1) The power of the President to discipline officers flows from the power to appoint
the, and NOT from the power control.
1) 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 2) BUT While the President may remove from office those who are not entitled to
is to prevent the practice of ‘midnight appointments.” 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
2) EXCEPTION: removed from office.
a) Can make TEMPORARY APPOINTMENTS Power of Supervision:

b) To fill EXECUTIVE POSITIONS;
c) If continued vacancies therein will prejudice public service or endanger 1) This is the power of a superior officer to ensure that the laws are faithfully
public safety. executed by subordinates.
Section 17. Power of Control and Supervision 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
Power of Control: these are contrary to law.
The power of an officer to alter, modify, or set aside what a subordinate officer has 3) The execution of laws is an OBLIGATION of the President. He cannot suspend
done in the performance of his duties, and to substitute the judgment of the officer the operation of laws.
for that of his subordinate. Thus, the President exercises control over all the
executive departments, bureaus, and offices. 4) The power of supervision does not include the power of control; but the power
of control necessarily includes the power of supervision.
The President’s power over government-owned corporations comes not from the
Constitution but from statute. Hence, it may be taken away by statute. Section 18. COMMANDER-IN-CHIEF POWERS
Qualified Political Agency: Scope:
1) Since all executive and administrative organizations are adjuncts of the 1) The President is the Commander-in-Chief of the Armed Forces.
Executive Department, the heads of such departments, etc. are assistants and
agents of the President. 2) Whenever necessary, the President may call out the AFP to PREVENT or
SUPPRESS:
a) Lawless violence;
35
b) Invasion; or
c) Rebellion. g. Suspension of privilege of the writ:
3) The President may also: i. Applies ONLY to persons judicially charged for rebellion or offenses inherent in or
directly connected with invasion.
a) Suspend the privilege of the writ of habeas corpus; and ii. Anyone arrested or detained during suspension must be charged within 3 days.
b) Proclaim a state of martial law. Otherwise he should be released.
Suspension of the privilege of the writ of habeas corpus and declaring Note: While the suspension of the privilege of writ and the proclamation of martial
martial law; law is subject to judicial review, the actual use by the President of the armed forces
is not. Thus, troop deployments in times of war is subject to the President’s
1. Grounds judgment and discretion.
a. Invasion or Section 19: EXECUTIVE CLEMENCY

b. Rebellion; and
c. Public safety requires it. Scope:
2. The invasion or rebellion must be ACTUAL and not merely imminent. 1.) The President may grant the following: [ Pa R C Re]
3. Limitations: a. Pardons (conditional or plenary)
a. Suspension or proclamation is effective for only 60 days.

b. Reprieves
c. Commutations
b. Within 48 hours from the declaration or suspension, the President must d. Remittance of fines and forfeitures
submit a report to Congress.
2.) These may only be granted AFTER conviction by final judgment.
c. Congress, by majority vote and voting jointly, may revoke the same,
and the President cannot set aside the revocation.
3.) ALSO: The power to grant clemency includes cases involving administrative
d. In the same manner, at the President’s initiative, Congress can extend penalties.
the same for a period determined by Congress if:
4.) Where a conditional pardon is granted, the determination of whether it has
i. Invasion or rebellion persist and been violated rests with the President.
ii. Public safety requires it.
NOTE: Congress CANNOT extend the period motu propio. Limitations:

e. Supreme Court review: 1.) As to scope:
i. The appropriate proceeding can be filed by any citizen. Cannot be granted:
ii. The SC can review the FACTUAL BASIS of the proclamation or suspension.
iii. Decision is promulgated within 30 days from filing. a.) Before conviction
b.) In cases of impeachment
f. Martial Law does NOT: c.) For violations of election laws, rules, and regulation without the
favorable recommendation of the COMELEC
i. Suspend the operation of the Constitution. d.) In cases of civil or legislative contempt
ii. Supplant the functioning of the civil courts or legislative assemblies.
iii. Authorize conferment of jurisdiction on military courts over civilians where civil 2.) As to effect:
courts are able to function and
iv. Automatically suspend the privilege of the writ. a.) Does not absolve civil liabilities for an offense.
36
b.) Does not restore public offices already forfeited, although (i) Approve with 2/3 majority;
eligibility for the same may be restored. (ii) Disapprove outright; or
(iii) Approve conditionally, with suggested
Amnesty: amendments.
1.) An act of grace concurred in by Congress, usually extended to groups of (c) If treaty is not re-negotiated, no treaty
persons who commit political offenses, which puts into oblivion the offense itself.
2.) President alone CANNOT grant amnesty. Amnesty needs concurrence by a (d) If treaty is re-negotiated and the Senate’s suggestions are incorporated, the
majority of all the members of Congress. treaty will go into effect without need of further Senate approval.
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 Note: While our municipal law makes a distinction between international
based on this admission of guilt. agreements and executive agreements, with the former requiring Senate approval
and the latter not needing the same, under international law, there is no such
4.) Amnesty V. Pardon distinction.
AMNESTY PARDON Note: The President cannot, by executive agreement, undertake an obligation
Addressed to POLITICAL offenses Addressed to ORDINARY offenses which indirectly circumvents a legal prohibition.
Granted to a CLASS of persons Granted to INDIVIDUALS
Need not be accepted Must be accepted (e) Conflict between treaty and municipal law.
Requires concurrence of majority of all No need for Congressional concurrence
members of Congress (i) Philippine court:
A public act. Subject to judicial notice Private act of President. It must be proved.
Extinguishes the offense itself Only penalties are extinguished. The later enactment will prevail, be it treaty or law, as it is the latest expression of
May or may not restore political rights.the Absolute
State’s will.
pardon restores. Conditional does not.
Civil indemnity is not extinguished. (ii) International tribunal
May be granted before or after conviction Only granted after conviction by final judgement
Treaty will always prevail. A State cannot plead its municipal law to justify
noncompliance with an international obligation.
Section 20. Power to Contract or Guarantee Foreign Loans
(2) Power to appoint ambassadors, other public ministers, and consuls.
Limitations:
(3) Power to receive ambassadors and other public ministers accredited to the
(1) The President may contract or guarantee foreign loans on behalf of the Republic of Philippines.
the Philippines with the prior concurrence of the Monetary Board; and
(4) Power to contract and guarantee foreign loans on behalf of the Republic
(2) Subject to such limitations as may be provided by law.
(5) Power to deport aliens
Section 21. Foreign Relations Powers include:
(a) This power is vested in the President by virtue of his office,
(1) Power to negotiate treaties and other international agreements subject only to restrictions as may be provided by legislation as regards the
grounds for deportation.
(a) BUT: Such treaty of international agreement must be concurred in by at least 2/3 of (b) In the absence of any legislative restriction to authority, the
all Senators in order to be valid and effective in our country. 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 DEPARTMENT

(b) Options of Senate when a treaty is submitted for its approval:
37
SEC. 1. JUDICIAL POWER

1. Defining enforceable and demandable rights and prescribing remedies for violations
Scope: of such rights; and
2. Determining the court with jurisdiction to hear and decide controversies or disputes
1. Judicial power is the authority to settle justiciable controversies or disputes involving arising from legal rights.
rights that are enforceable and demandable before the courts of justice or the 3. Thus, Congress has the power to define, prescribe and apportion the jurisdiction of
redress of wrongs for violations of such rights. various courts.
4. BUT, Congress cannot deprive the Supreme Court of its jurisdiction over cases
2. Vested in the Supreme Court and such lower courts as may be established by law. provided for in the Constitution.
5. Creation and abolition of courts:
3. Since the courts are given ‘judicial power’ and nothing more, courts may neither a. The power to create courts implies the power to abolish and even
attempt to assume or be compelled to perform non-judicial functions. They may re-organize courts.
not be charged with administrative functions except when reasonably incidental to b. BUT this power cannot be exercised in a manner which would
the fulfillment of their duties. 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)
4. In order that courts may exercise this power, there must exist the following:
SEC. 3. FISCAL AUTONOMY
a. An actual controversy with legally demandable and enforceable rights;
b. Involving real parties in interest; 1. The entire judiciary shall enjoy fiscal autonomy.
c. The exercise of such power will bind the parties by virtue of the court’s application 2. Annual appropriations for the judiciary cannot be reduced below the amount
of existing laws. appropriated for the previous year.
3. Once approved, appropriations shall be automatically and regularly released.
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.
SECS. 4-7; 12 JUDICIARY
6. The courts cannot be asked for advisory opinions.
Composition of the Supreme Court:
7. Judicial power includes:
1. Chief Justice and
a. The duty of the courts to settle actual controversies involving rights 2. 14 Associate Justices
which are legally demandable and enforceable; and
Note: Members of the Supreme Court and of other courts established by law shall
b. To determine whether or not there has been a grave abuse of not be designated to any agency performing quasi-judicial or administrative
discretion amounting to lack or excess of jurisdiction on the part of any branch or functions.
instrumentality of the government.
Qualifications of members of the SC:
Political Questions:
1. Natural born citizen of the Philippines
1. A ‘political question’ is one the resolution of which has been vested by the 2. At least 40 years old
Constitution exclusively in either the people, in the exercise of their sovereign 3. At least 15 years of experience as a judge or in the practice of law in the
capacity, or in which full discretionary authority has been delegated to a co-equal Philippines
branch of the Government. 4. Person of proven competence, integrity, probity and independence.
2. Thus, while courts can determine questions of legality with respect to governmental Qualifications of members of lower collegiate courts (CA, CTA,
action, they cannot review government policy and the wisdom thereof, for these Sandiganbayan)
questions have been vested by the Constitution in the Executive and Legislative
Departments. 1. Natural born citizen of the Philippines
2. Member of the Philippine bar
SEC. 2. ROLES OF CONGRESS 3. Possesses other qualifications prescribed by Congress
38
4. Person of proven competence, integrity, probity and independence. SEC. 11. TENURE/DISCIPLINARY POWERS OF SC
Qualifications of judges of lower non-collegiate courts: 1. Members of the SC and judges of the lower courts hold office during good behavior
until
1. Citizen of the Philippines (may be a naturalized citizen) a. The age of 70 years old; or
2. Member of the Philippine Bar b. They become incapacitated to discharge their duties.
3. Possesses other qualifications prescribed by Congress
4. Person of proven competence, integrity, probity and independence. 2. Disciplinary action against judges of lower courts:
a. Only the SC en banc has jurisdiction to discipline or dismiss judges of lower courts.
Section 8. JUDICIAL AND BAR COUNCIL b. Disciplinary action/dismissal: Majority vote of SC Justices who took part in the
deliberations and voted therein.
1. The Judicial and Bar Council is under the supervision of the SC.
3. Removal of SC Justices:
A. Is under the supervision of the Supreme Court and is composed of:
1. Chief Justice, as ex-officio chairman a. Only by IMPEACHMENT.
2. Secretary of Justice, as an ex-officio member b. Cannot be disbarred while they hold office.
3. Representative of Congress, as an ex-officio member
4. Representative of the Integrated Bar SECS. 4-6, 13. THE SUPREME COURT
5. A professor of law
6. A retired member of the SC; and Hearing of cases:
7. Private sector representative
En banc; or
Note: The last four re the regular members of the JBC. Regular members are Divisions of 3, 5, or 7.
appointed by the President with CA approval. Regular members serve for 4 years,
with staggered terms. Cases required to be heard en banc:
B. Functions of JBC 1. All cases involving constitutionality of a/an:

a. Treaty
1. Principal function: recommend appointees to the Judiciary b. International or executive agreement or
2. Exercise such other functions as the SC may assign to it. c. Law.
C. Appointments to the Judiciary 2. All cases required to be heard en banc under the Rules of Court:
a. Appeals from Sandiganbayan; and
1. President shall appoint from a list of at least 3 nominees for b. From the Constitutional Commissions
each vacancy, as prepared by the JBC.
2. No CA confirmation is needed for appointments to the 3. All cases involving the constitutionality, application or operation of
Judiciary. a. Presidential decrees
3. Vacancies in SC should be filled within 90 days from the b. Proclamations
occurrence of the vacancy. c. Orders
4. Vacancies in lower courts should be filled within 90 days from d. Instructions
submission to the President of the JBC list. e. Ordinances; and
f. Other regulations.
4. Cases heard by a division where required majority of 3 was not obtained.

SEC. 10. SALARIES
5. Cases where SC modifies or reverses a doctrine or principle of law laid down by the
1. Salaries of SC Justices and judges of lower courts shall be fixed by law. SC en banc or by a division.
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. 6. Administrative cases to discipline or dismiss judges of lower courts; and
39
7. Election contests for President and Vice-President. 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;
Cases heard by division c. Admission to the practice of law;
d. The Integrated Bar; and
1. Must be decided with the concurrence of a majority of the members who took part in e. Legal assistance to the underprivileged.
the deliberations and voted thereon.
2. Majority vote in a division should be at least 3 members. Limitations on Rule Making Power
Powers of the SC a. It should provide a simplified and inexpensive procedure for the speedy disposition
of cases.
1. SC has ORIGINAL jurisdiction over b. It should be uniform for all courts of the same grade.
a. Cases affecting ambassadors, other public ministers and consuls. c. It should not diminish, increase, or modify substantive rights.
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:
6. Appoint ALL officials and employees of the Judiciary, in accordance with Civil
a. All cases involving the constitutionality or validity of any Service Law.
treaty
international or executive agreement 7. Exercise administrative supervision over ALL courts and the personnel thereof.
law
presidential decree Decisions of the Supreme Court:
proclamation
order 1. Reached in consultation before being assigned to a member for the writing of the
instruction opinion.
ordinance, or 2. A certification to this effect must be signed by the Chief Justice and attached to the
regulation; 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
b. All cases involving the legality of any reasons therefore.
i. tax
ii. impost
iii. assessment or Note: This procedure shall also be observed by all lower collegiate courts (CA, CTA, and
iv. toll or the Sandiganbayan).
v. any penalty imposed in relation thereto;
JUDICIAL REVIEW
c. All cases in which the jurisdiction of any lower court is in issue
Definition
d. Criminal cases where the penalty imposed is reclusion perpetua or higher; and
1. Judicial Review is the power of the SC to declare a law, treaty, ordinance etc.
e. All cases where ONLY errors or questions of law are involved. unconstitutional.
2. Lower courts may also exercise the power of judicial review, subject to the appellate
3. Temporarily assign lower court judges to other stations in the public interest. jurisdiction of the SC.
3. Only SC decisions are precedent, and thus, only SC decisions are binding on all.
40
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 act must have ‘STANDING’, i.e. a personal
and substantial interest in the case such that he has sustained, or will sustain,
direct injury as a result of its enforcement.
4. The question of Constitutionality must be raised in the first instance, or at the
earliest opportunity.
5. Resolution of the issue of constitutionality is unavoidable or is the very lis mota.
Effect of a declaration of unconstitutionality:
1. Prior to the declaration that a particular law is unconstitutional, it is considered as

an ‘operative fact’ which at that time had to be complied with.
2. Thus, vested rights may have been acquired under such law before it was declared
unconstitutional.
3. These rights are not prejudiced by the subsequent declaration that the law is
unconstitutional.
SEC. 14. DECISIONS
1. Decisions MUST state clearly and distinctly the facts and the law on which it is
based.
2. Refusal to give due course to petitions for review and motions for reconsideration
must state the legal basis for such refusal.
3. Memorandum decisions, where the appellate court adopts the findings of fact and
law of the lower court, are allowed as long as the decision adopted by reference is
attached to the Memorandum for easy reference.
4. These rules only apply to courts. They do not apply to quasi-judicial or
administrative bodies nor to military tribunals.
41
ARTICLE IX – THE CONSTITUTIONAL COMMISSIONS Section 6. RULES OF PROCEDURE
Section 1. Constitutional Commissions Procedures:
Independent Constitutional Commissions: 1) Rules: The Commissions may promulgate its own rules EN BANC.
2) Limitation: It shall not:
1) Civil Service Commission (CSC) a) Diminish,
2) Commission on Elections (COMELEC) b) Increase, or
3) Commission on Audit (COA) c) Modify substantive rights.
Why Independent?
3) Power of SC
They perform vital functions of government. Their integrity is protected by the fact
that they: a). The SC may not, under Art. VIII Sec. 5(5), exercise the power to disapprove rules
of "special courts and quasi-judicial bodies."
1) Are constitutionally created (Sec. 1) b). In proceedings before the Commissions, the rules of the Commission
2) Have independent powers of appointment (Sec. 4) prevail.
3) Each Commission may promulgate its own procedural rules (Sec. 6) c). In proceedings before a court, the Rules of Court prevail.
4) Fiscal autonomy (Sec. 5) d). The SC may, however, in appropriate cases, exercise JUDICIAL REVIEW
5) Salaries may not be diminished during their office (Sec. 3)
6) Commissioners have a fixed term Section 7. DECISION MAKING/APPEAL
7) Commissioners are removable by impeachment only.
Decision-Making:
Section 2. DISQUALIFICATIONS 1) Each commission shall decide matter or cases by a majority vote of all the members
within 60 days from submission.
Disqualifications:  COMELEC may sit en banc or in 2 divisions.
 Election cases, including pre-proclamation controversies are decided in
Members cannot, during their tenure: division, with motions for reconsideration filed to the COMELEC en banc.
 The SC has held that a majority decision decided by a division of the
1) Hold any other office or employment; COMELEC is a valid decision.
2) Engage in the practice of any profession;
3) Engage in the active management or control of any business, which, in any way, 2) As COLLEGIAL BODIES, each commission must act as one, and no one member can
may be affected by the functions of their office; and decide a case for the entire commission. (i.e. The Chairman cannot ratify a
4) Be financially interested, direct or indirect, in any contract, franchise, privilege decision which would otherwise have been void).
granted by the government, any of its subdivisions, agencies, instrumentalities,
including GOCC's and their subsidiaries. Appeals:
Note: The Ombudsman and his deputies are subject to the same qualifications. 1) Decisions, orders or rulings of the COMELEC/COA may be brought on certiorari to
the SC under Rule 65.
2) Decisions, orders or ruling of the CSC should be appealed to the CA under Rule
Section 3. SALARIES 43.
Salaries Enforcement:
1) Salaries are fixed by law and shall not be decreased during their TENURE.  It has been held that the CSC can issue a writ of execution to enforce
2) Decreases in salaries only affect those members appointed AFTER increase. judgments which are final.
3) Incumbent members do not lose any salary.
4) Increases take effect IMMEDIATELY.
42
THE CIVIL SERVICE COMMISSION  According to merit and fitness to be determined by competitive
examinations, as far as practicable except to positions which are policy-
Section 1. COMPOSITION/QUALIFICATIONS/TERM determining, primarily confidential, or highly technical.
Composition: B. Non-competitive positions

1). No need for competitive examinations.
1) Chairman 2). 3 kinds
2) Commissioners – 2 commissioners
formulate a method of action for the gov't
Qualifications: more than ordinary confidence; close intimacy insures freedom of intercourse
without betrayals of personal trust...
1) Natural-born citizens of the Philippines; c) Highly technical - requires technical skill to a
2) At least 35 years old at the time of their appointments; superior degree.
3) With proven capacity for public administration; and
4) NOT candidates for any elective position in the elections immediately preceding C. The TEST to determine whether non/competitive is the Nature of the
their appointment. responsibilities, NOT the administrative or legislative description given to it.
5) Appointees by the President to the CSC need Commission on Appointments (CA)
confirmation D. Both types of positions are entitled to security of tenure. They only differ in the
MANNER in which they are filled.
Term:
E. Who may be appointed:
1) Chairman -7 years; Commissioner1 - 5 yrs; Commissioner2 - 3 yrs
2) Limitation: single term only, no reappointment 1). RULE: Whoever fulfills all the qualifications prescribed by law for a particular
3) Appointment to vacancy: only for unexpired term of predecessor position may be appointed therein.
4) No temporary appointments, or appointments in acting capacity. 2). The CSC cannot disapprove an appointment just because another person is better
qualified, as long as the appointee is himself qualified.
3). The CSC CANNOT add qualifications other than those provided by law.
F. Next-In-Rank Rule
Section 2. Scope:
 While a person next in rank is entitled to preferential consideration, it
The Civil Service embraces all: does not follow that only he, and no one else, can be appointed. Such person has
no vested right to the position and the appointing authority is not bound to appoint
A. branches, the person next in rank.
B. subdivisions,
C. instrumentalities,
D. agencies of the government, Tenure (Classification of Positions)
E. including GOCCs with original charters.
Career Service Non-Career Service
1."With Original Charter" means that the GOCC was created by special law/by Congress 1. Entrance based on merit and fitness to be 1. Entrance on bases OTHER than usu
2. If incorporated under the Corporation Code, it does not fall within the Civil Service, determined as far as practicable by competitive merit and fitness.
and is not subject to the CSC jurisdiction. examinations or based on highly technical
3. Even if once government-controlled, then becomes privatized, ceases to fall under qualifications.
CSC. 2. Entitled to security of tenure 2. Tenure limited to:
4. Jurisdiction is determined as of the time of filing the complaint. a) Period specified by law,
b) Coterminous with the appointi
Appointments to civil service shall be: or subject to his pleasure, or
c) Limited to the duration of a pa
A. Competitive positions project for which purpose the employm
made.
43
3. With opportunity for advancement to higher

career positions.
4) Prohibition does not apply to department secretaries
Security of Tenure:
Right to organize
1) Officers or employees of the Civil Service cannot be removed or suspended EXCEPT
for cause provided by law. It guarantees both procedural and substantive due The right to organize does NOT include the right to strike
process.
2) For "LEGAL CAUSE" - Cause is: Sections 6-7. DISQUALIFICATIONS
a). related to and affects the administration of office, and Disqualifications

b). must be substantial (directly affects the rights & interests of the public)
1) Losing candidates in any election
3) Security of tenure for Non-competitive positions
a). Cannot be appointed to any office in the government or GOCC's or their subsidiaries
a). Primarily confidential officers and employees hold office only for so long as b). Period of disqualification: One (1) year after such election.
confidence in them remains.
b). If there is GENUINE loss of confidence, there is no removal, but the expiration of the 2) Elective officials
term of office
c). Non-career service officers and employees do not enjoy security of a). Not eligible for appointment or designation ANY CAPACITY to ANY PUBLIC OFFICE or
tenure. position during their tenure.
d). Political appointees in the foreign service possess tenure coterminous with that of b). EXCEPTION: May hold ex officio positions.
the appointing authority or subject to his pleasure.  Examples:
 The Vice President may be appointed Cabinet member
4) One must be VALIDLY APPOINTED to enjoy security of tenure. Thus, one who is not  Congressman may sit in the Judicial and Bar Council
appointed by the proper appointing authority does not acquire security of tenure.
c). To be eligible to hold any other office, the elected official must first resign his office
Abolition of Office d). Even Congress cannot, by law, authorize the appointment of an elective official.
To be valid, abolition must be made: 3). Appointive officials
(a) In good faith; (good faith is presumed) a). Cannot hold any other office or employment in the government, any subdivision,
(b) Not for political or personal reasons; and agency, instrumentality, including GOCC's and their subsidiaries.
(c) Not in violation of law. b). EXCEPTION: Unless otherwise allowed by law, or by the primary functions of his
position.
Temporary employees are covered by the following rules: c). This exception DOES NOT APPLY to Cabinet members, and those officers mentioned
in Art. VII, Sec. 13. They are governed by the stricter prohibitions contained
1). Not protected by security of tenure - can be removed anytime even without therein.
cause
2). If they are separated, this is considered an expiration of his term. Section 8. COMPENSATION
3). BUT: They can only be removed by the one who appointed them.
4). Entitled only to such protection as may be provided by law. 1) Prohibitions: applies to elected or appointed officers and employees
No officer or employee in the Civil Service shall engage in any Cannot receive:
electioneering or in partisan political activity A. Additional - an extra reward given for the same office i.e.
bonus
1) Cannot solicit votes in favor of a particular candidate. when an officer is given 2 sets of compensation for 2 different offices held
2) Cannot give campaign contributions or distribute campaign materials. concurrently by 1 officer
3) BUT: Allowed to express views on political issues, and to mention the names of the C. Indirect Compensation
candidates whom he supports.
44
2) EXCEPTION: Unless specifically authorized by law

1) Enforce and administer all laws and regulations relative to the conduct of an
A. "SPECIFICALLY AUTHORIZED" means a specific authority particularly directed to the election, plebiscite, initiative, referendum, and recall.
officer or employee concerned.
B. BUT: per diems and allowances given as REIMBURSEMENT for expenses actually (a) Ex: COMELEC can enjoin construction of public works within 45 days of
incurred are not prohibited an election.
3) Cannot accept any present, emolument, office, title of any kind from foreign 3) Exercise:
governments UNLESS with the consent of Congress.
A. Exclusive original jurisdiction over all contests relating to the elections, returns, and
4) Pensions and gratuities are NOT considered as additional, double, or indirect qualifications of all elective
compensation.
1. Regional,
2. Provincial, and
THE COMMISSION ON ELECTIONS 3. City officials
Section 1. COMPOSITION/QUALIFICATIONS/TERM B. Appellate jurisdiction over all contests involving:
Composition: (7) 1. Elective municipal officials decided by trial courts of general jurisdiction
2. Elective barangay officials decided by trial courts of limited jurisdiction.
1)Chairman and
2)Commissioners (6) C. Decisions, final orders, or rulings of the Commission on election contests involving
elective municipal and barangay offices shall be final, executory, and not
Qualifications: appealable.
Exception: Appealable to the SC on questions of law.
1) Natural-born citizens of the Philippines;
2) At least 35 years old at the time of appointment
3) Holders of college degrees; and
4) Not candidates for any elective position in the immediately preceding elections. D. Contempt powers
5) Majority of the Commission, including the Chairman must be:
a). Members of the Philippines Bar 1. COMELEC can exercise this power only in relation to its adjudicatory or quasi-judicial
b). Engaged in the practice of law for at least 10 years: “any activity in or out of court, functions. It CANNOT exercise this in connection with its purely executive or
which requires the application of law, legal procedure, knowledge, training and ministerial functions.
experience.” 2. If it is a pre-proclamation controversy, the COMELEC exercises quasi-
6) Appointments subject to CA approval judicial/administrative powers.
3. Its jurisdiction over ‘contests’ (after proclamation), is in exercise of its judicial
Term: functions.
1) Chairman -7 yrs; 3 Members - 7 yrs; 2 Members - 5 yrs; 1 Member - 3 yrs. E. The COMELEC may issue writs of certiorari, prohibition and mandamus in exercise of
2) LIMITATION: Single term only: no reappointment allowed its appellate jurisdiction. This is not an inherent power.
3) Appointment to a vacancy: only for unexpired portion of predecessor’s term
4) No temporary appointments, or appointments in acting capacity 3) Decide, except those involving the right to vote, all questions affecting elections,
including determination of the number and location of polling places, appointment
a). Thus, the President cannot designate an incumbent commissioner as acting of election officials and inspectors, and registration of voters.
Chairman.
b). The choice of temporary chairman falls under the COMELEC’s discretion. Note: Questions involving the right to vote fall within the jurisdiction of the ordinary
courts.
Section 2. POWERS AND FUNCTIONS
4) Deputize, with the concurrence of the President, law enforcement agencies and
Powers: instrumentalities of the Government, including the Armed Forces of the Philippines,
45
for the exclusive purpose of ensuring free, orderly, honest, peaceful, and credible 9) Submit to the President and the congress a comprehensive report on the
elections. conduct of each election, plebiscite, initiative, referendum, or recall.
a). This power is NOT limited to the election period. Section 3. RULES OF PROCEDURE/DECISION-MAKING
b). Applies to both criminal and administrative cases.
Rules of Procedure
5) Registration of political parties, organizations, or coalitions/accreditation of citizens’
arms of the Commission on Elections. 1) COMELEC can sit en banc or in two divisions
2) It has the power to promulgate its own rules of procedure in order to expedite
a). The political parties etc. must present their platform or program of government. disposition of election cases, including pre-election controversies.
b). There should be sufficient publication
c). Groups which cannot be registered: Decision-Making
i. Religious denominations/sects 1) Election cases should be heard and decided in division. Provided that,
ii. Groups which seek to achieve their goals through violence or unlawful means 2) Motions for reconsideration of decisions should be decided by COMELEC en banc.
iii. Groups which refuse to uphold and adhere to the Constitution 3) ”Decisions” mean resolutions on substantive issues.
iv. Groups which are supported by any foreign government. 4) If a division dismisses a case for failure of counsel to appear, the Motion for
Reconsideration here may be heard by the division.
d). BUT: Political parties with religious affiliation or which derive their principles from 5) EXCEPTION: COMELEC en banc may directly assume jurisdiction over a petition
religious beliefs are registerable. to correct manifest errors in the tallying of results by Board of Canvassers.
e). Financial contributions from foreign governments and their agencies to political Section 4. SUPERVISION/REGULATION OF FANCHISES / PERMITS / GRANTS
parties, organizations, coalitions, or candidates related to elections constitute / SPECIAL PRIVILEGES / CONCESSIONS
interference in national affairs. If accepted, it is an additional ground for the
cancellation of their registration with the Commission, in addition to other penalties Regulation of franchises
that may be prescribed by law.
A. What can COMELEC supervise or regulate
6) File, upon a verified complaint, or on its own initiative, petitions in court for
inclusion of exclusion of voters; investigate and, where appropriate, prosecute 1). The enjoyment or utilization of all franchises or permits for the operation of
cases of violations of election laws, including acts or omissions constituting transportation and other public utilities, media of communication or information.
elections frauds, offenses and malpractices. 2). Grants, special privileges or concessions granted by the Government or any
subdivision, agency or instrumentality thereof, including any GOCC or its subsidiary
A. COMELEC has exclusive jurisdiction to investigate and prosecute cases
for violations of election laws. B. When can COMELEC exercise this power
B. COMELEC can deputize prosecutors for this purpose. The actions of
the prosecutors are the actions of the COMELEC 1). During the election period
C. Preliminary investigation conducted by COMELEC is valid.
a). Under Article XI, Section 9, the election period commences 90 days before
the day of the election and ends 30 days thereafter.
b). In special cases, COMELEC can fix a period.
7) Recommend to the Congress effective measures to minimize election spending, 2). Applies not just to elections but also to plebiscites and referenda.
including limitation of places where propaganda materials shall be posted, and to 3). Plebiscite: Submission of constitutional amendments or important legislative
prevent and penalize all forms of election frauds, offenses, malpractices, and measures to the people ratification
nuisance candidacies. 4). Referendum: power of the electorate to approve or reject legislation through an
election called for that purpose.
8) Recommend to the President the removal of any officer or employee it has
deputized, or the imposition of any other disciplinary action, for violation or
disregard or, or disobedience to its directive, order, or decision.
46
Poll Watchers
 Political parties, etc. are entitled to appoint poll watchers in

COMELEC and the MEDIA accordance with law.
1). COMELEC cannot compel print media to donate free space to the COMELEC. It
may, however, compel it to provide space after paying just compensation. Section 10. Bona fide candidates for any public office shall be free from
2). Power of COMELEC is over franchises and permits, NOT individuals. For example, any form of harassment and discrimination.
COMELEC may not regulate media practitioners, for this would violate the freedom
of expression.  This section does not give candidates immunity from suit.
 Discrimination includes unequal treatment in the availment of media
Section 5. No pardon, amnesty, parole, or suspension of sentence for facilities.
violation of election laws, rules, and regulations shall be granted by the
President without the favorable recommendation of the Commission.
Section 6
Definition of Political Party
 organized group of persons pursuing the same political ideals in a

government and includes its branches, and divisions
Importance of registration of a political party
1) Registration confers juridical personality on the party.

2) It informs the public of the party's existence and ideals.
3) It identifies the party and its officers for purposes of regulation by the
COMELEC.
Section 7. No votes cast in favor of a political party, organization, or

coalition shall be valid, except for those registered under the party-list
system as provided in this Constitution.
Prohibition on block-voting
1) General rule: Block voting NOT allowed

2) EXCEPTION: those registered under the party-list system
Section 8. PARTY LIST SYSTEM
No Right to be Represented in Various Boards
 Political parties, organizations, or coalitions registered under the party-

list system shall NOT be represented in the following:
1). Voters’ registrations boards,

2). Boards of election inspectors,
3). Boards of canvassers, or
4). Other similar bodies.
47
A. The Government;
Section 11. FUNDING B. Any of its subdivisions, agencies or instrumentalities;
C. Including GOCC’s with original charters.
How provided
2) Conduct post-audit with respect to the following:
1) Funds certified by the COMELEC as necessary to defray the expenses for
holding regular and special elections, plebiscites, initiative, referenda and recalls, A. Constitutional bodies, commissions, and offices granted fiscal
shall provided in the regular or special appropriations. autonomy;
2) Funds should be certified by the COMELEC as necessary. B. Autonomous state colleges and universities;
C. GOCC’s and their subsidiaries incorporated under the Corporation
Release of funds Code.
D. None-governmental entities receiving subsidies or equity, directly or
 Once approved, funds should be released automatically upon indirectly, from or through the government, which are required by law of the
certification by the Chairman of COMELEC. granting of institution to submit to such audit.
THE COMMISSION ON AUDIT
Section 1. COMPOSITION/QUALIFICATIONS
3) If COA finds internal control system of audited agencies as inadequate, COA
Composition: may adopt measures, including temporary or special pre-audit, as may be
necessary.
1) Chairman, and
2) Commissioners (2). 4) Keep the general accounts of the government, preserving vouchers and other
supporting papers pertaining thereto.
Qualifications:
5) Exclusive authority to define the scope of COA’s audit and examination and to
1) Natural-born citizens of the Philippines establish the techniques and methods required therefor.
2) At least 36 years old at the time of their appointment;
3) Either: 6) Promulgate accounting and auditing rules and regulations.
a). CPA’s with at least 10 years auditing experience; or
b). Members of Phil. Bar with 10 years of practice. A. Including those for the prevention or disallowance of irregular,
4) Members cannot all belong to the same profession. unnecessary, excessive, extravagant, or unconscionable expenditures or uses of
5) Subject to confirmation of the CA. government funds and properties.
6) Must not have been candidates for any elective position in the elections B. Failure to comply with these rules can be a ground for disapproving
immediately preceding their appointment. the payment of a proposed expenditure.
Term: Note:
1) Chairman -7 yrs; Commissioner1 -5yrs; Commissioner - 2 -3 yrs. 1) The functions of COA can be classified as:
2) LIMITATION: - Single terms only; no re-appointment allowed
3) Appointments to any vacancy shall only be for the unexpired portion of A. Examine and audit all forms of government revenues;
predecessor’s term B. Examine and audit all forms of gov’t expenditures
C. Settle gov’t accounts
Section 2. POWERS D. Promulgate accounting and auditing rules (including those for the
prevention of irregular…expenditures.
1) Examine, audit, and settle accounts pertaining to: E. To decide administrative cases involving expenditures of public funds.
A. Revenue and receipts of funds or property; or
B. Expenditures and uses of funds or property 2) COA can settle only LIQUIDATED ACCOUNTS or those accounts which may be
adjusted simply by arithmetic process.
Owned or held in trust by, or pertain to:
48
3) COA has authority not just over accountable officers but also over other officers 2) Cordileras [At present, it is only the Cordilera ADMINISTRATIVE region]
who perform functions related to accounting such as verification of evaluations and
computation of fees collectible, and the adoption of internal rules of control. Note: 1) A third autonomous regions would require a constiutional amendment.
2) These political subdivisions, created by the Constitution cannot be
4) COA does not have the power to fix the amount of an unfixed or undetermined replaced by AMENDMENT, and not by law.
debt. 3) While Congress can abolish or eradicate individual units, it cannot
abolish an entire class of LGU’s
5) Where the following requirements are complied with, it becomes the ministerial
duty of the COA to approve and pass in audit vouchers for payment:
Section 2. Local Autonomy
A. There is a law appropriating funds for a particular purpose;
B. There is a contract, made by the proper officer, entered into in 1) All political subdivisions shall enjoy local autonomy
conformity with the above-mentioned law; 2) This does not mean that the LGU’s are completely free from the central
C. The goods or services covered by such contract have been delivered or government.
rendered in pursuance to such contract, as attested by the proper officer; and
D. Payment has been authorized by officials of the corresponding A. Judiciary may still pass on LGU actions
department or bureau. B. President may exercise disciplinary power over LGU officials.
6) Prosecutors may still review accounts already settled and approved by COA for SEC. 3. Congress shall enact a local government code which shall provide
the purpose of determining possible criminal liability. This is because COA’s for a more responsive and accountable local government structure
interest in such accounts is merely administrative. instituted through a system of decentralization with effective
mechanisms of recall, initiative, and referendum, allocate among the
7) COA has the power to determine the meaning of ‘public bidding’ and what different local government units their powers, responsibilities, and
constitutes failure when regulations require public bidding for the sale of resources, and provide for the qualifications, election, appointment and
government property. removal, term, salaries, powers and functions and duties of local officials,
and all other matters relating to the organization and operation of the
Section 3. No law shall be passed exempting any entity of the local units.
Government or its subsidiary in any guise whatever, or any investment of
public funds, from the jurisdiction of the Commission on Audit. Section 4. PRESIDENTIAL SUPERVISION OF LGUS
Supervision of President
1) The President exercises general supervision over all LGUs

2) The President exercises DIRECT supervision over
A. Provinces
ARTICLE X: LOCAL GOVERNMENT B. Autonomous regions and
C. Independent cities.
Section 1. TERRITORIAL/POLITICAL SUBDIVISIONS OF THE REPUBLIC OF
THE PHILIPPINES ARE THE: 3) This power is limited to ensuring that lower officers exercise their functions in
accordance with law.
Composition: 4) The president cannot substitute his judgment for that of an LGU official unless
the latter is acting contrary to law.
1) Provinces
2) Cities; 5) The President may, however, impose administrative sanctions against LGU
3) Municipalities; and officials, such as suspension for 120 days, and may even remove them from their
4) Barangays posts, in accordance with law.
There shall be Autonomous regions in: 6) Provinces exercise direct supervision over component cities and municipalities.
1) Muslim Mindanao, and 7) Cities and municipalities exercise direct supervision over component barangays.
49
2) This includes share the same with the inhabitants by way of direct benefits.
Section 5. EACH LOCAL GOVERNMENT SHALL HAVE THE POWER TO
CREATE OWN SOURCES OF REVENUE/LEVY TAXES, FEES AND CHARGES Under the LGC
ETC.
1) LGUs have a share of 40% of the gross collection derived by the national
Limitations on Power government from the preceding fiscal year from
A. Mining taxes
1) It is subject to such guidelines and limitations as Congress may provide. See B. Royalties
Local Government Code for examples. C. Forestry and fishery charges
2) The guidelines set by Congress should be consistent with the basic policy of D. Other taxes, fees and charges
local autonomy. E. Share in any co-production, joint venture or production sharing
agreement in the utilization and development of the national wealth w/in their
Accrual of taxes, fees, charges territorial jurisdiction
The taxes, fees and charges shall accrue exclusively to the local governments.
SEC. 8. TERM OF OFFICE
Section 6. LGUs SHALL HAVE A JUST SHARE IN NATIONAL TAXES, AS
DETERMINED BY LAW, WHICH SHALL BE AUTOMATICALLY RELEASED TO Term of Office
THEM
Elective local officials, now including barangay officials have a term of 3 years.
Internal Revenue Allotment (IRA)
Limitations:
1) Share of LGUs in national taxes is limited to the internal revenue taxes.
2) The share of each LGU should be released, without need of any further action, 1) No elective official shall serve for more than 3 consecutive terms
directly to the provincial, city, municipal or barangay treasurer. Release is made 2) Voluntary renunciation of office for any length of time shall not be considered as
on a quarterly basis within 5 days after the end of each quarter. an interruption in the continuity of his service for the full term for which he was
3) The share of each LGU should not be subject to any lien or holdback that may elected.
be imposed by the national government for whatever purpose.
4) Each LGU should appropriate in its annual budget at least 20% of its annual IRA SEC. 9. SECTORAL REPRESENTATION IN LGUS
for development projects.
Legislative bodies of the local governments shall have Sectoral
5) Adjustments in IRA Representation (under the LGC) as may be provided by law
A. Ground: Unmanageable public section deficit
B. President can make the necessary adjustments in the IRA upon the There should be representatives from:
recommendation of the following:
1) The women’s sector
1. Department of Finance Secretary 2) The workers
2. DILG Secretary 3) Third sector (can choose from any of the following)
3. DBM Secretary A) Urban poor
B) Indigenous cultural communities
6) IRA considered for purposes of conversion from one political subdivision to the C) Disabled persons
next. (Alvarez v. Guingona) D) Any other sector as may be determined by the sanggunian
Section 7. SHARE OF LGUS IN NATIONAL WEALTH Election of Sector Representatives
Share of LGUs in national wealth SEC. 10. Creation, abolition and division of LGU’s
1) LGUs are entitled to an equitable share in the proceeds of the utilization and 1) Requisites
development of the national wealth within their respective areas in the manner
provided by law. A. Compliance with the requirements of the Local Government Code; and
50
B. Approved by a majority of the votes cast in a plebiscite held in the Under LGC (Section 33)
political units DIRECTLY affected.
1) Consolidation and coordination may be done through appropriate ordinances.
2) Thus, a province is supposed to be divided into 2 separate provinces, plebiscite 2) A public hearing should be conducted and the approval of the sanggunian
will include voters of the ENTIRE province, and not just the area to comprise the obtained.
new province. 3) An LGU can:
3) LGC requirements relate to matters such as population, revenue, and area
requirements. A. Contribute funds, real estate, equipment and other kinds of property
B. Appoint/assign personnel under such terms and conditions as may be
Sec. 11. Metropolitan political subdivisions agreed upon by the participating LGUs through Memoranda of Agreement.
Creation: Section 14. REGIONAL DEVELOPMENT COUNCILS
1) Congress may create special metropolitan political subdivisions by law. Who can provide for RDC
2) It is subject to a plebiscite The President shall provide for RDC or other similar bodies composed of:
Jurisdiction of Metropolitan authority Composition

It is limited to basic services requiring coordination.
1) Local government officials
Basic Autonomy of Component Cities and Municipalities 2) Regional heads of departments and other government offices
3) Representatives of NGOS within the regions
1) The component cities and municipalities retain their basic autonomy
2) They shall be entitled to their own local executive and legislative assemblies. For Purpose of
1) Administrative decentralization
2) To strengthen local autonomy
SEC. 12. CITIES 3) To accelerate the economic and social growth and development of the units in
the region
Classification of Cities:
Section 15. AUTONOMOUS REGIONS
1) Highly urbanized (as determined by law)
2) Component cities (cities still under provincial control); and Where:
3) Independent component cities (non-highly urbanized cities whose voters are
prohibited by thecity charter from voting in provincial elections) 1) Muslim Mindanao
2) Cordillera region
Independence from the Province
Factors:
1) Highly urbanized cities and independent component cities are independent of
the province. 1) Historical heritage
2) Component cities whose charter contain no such prohibition are still under the 2) Cultural heritage
control of the province and its voters may still vote for elective provincial officials. 3) Economic and social structures,
4) Other relevant characteristics within:
Section 13. Coordination among LGUS A. The framework of the consititution
B. National sovereignty
Consolidation and Coordination of Efforts, Services and Resources C. Territorial integrity.
1) It is optional on the part of LGUs as shown by the use of the word “may” Creation:
2) It can be done for purposes commonly beneficial to them in accordance with the
law. 1) Provided by law.
51
2) EFFECTIVITY of such creation occurs only when it is approved by a majority of Peace and Order
the votes cast in a plebiscite held among the constituent units. It shall be the responsibility of the local police agencies.
3) Only those Provinces, Cities, and Geographical Areas voting favorably in such
plebiscite shall form part of the autonomous region.
4) If only 1 province approved the law, NO AUTONOMOUS REGION created, since Defense and Security
the constitution requires more than one province to constitute one (like what It shall be the responsibility of the national government.
happened in the Cordillera plebiscite)
5) The question of which LGU’s shall constitute an autonomous region is one which ARTICLE XI: ACCOUNTABILITY OF PUBLIC OFFICERS
is exclusively for Congress to decide.
Section 1: PUBLIC OFFICE AS A PUBLIC TRUST
Section 16. GENERAL SUPERVISION OVER AUTONOMOUS REGIONS
Public officers and employees must at all times be accountable to the
By Whom: people, serve them with utmost responsibility, integrity, loyalty and
The President efficiency, act with patriotism and justice and lead modest lives.
Purpose: Section 2: IMPEACHMENT/REMOVAL FROM OFFICE

To ensure that the laws are faithfully executed.
Impeachment: (as means of removal from office)
SEC. 17. All powers, functions and responsibilities not granted by this
Constitution or by law to the autonomous region shall be vested in the 1. Who may be impeached:
National Government.
President
Examples: 1) Foreign relations, VP
2) National defense and Security SC Justices
3) Monetary Affairs Constitutional Commission members
Ombudsman
Section 20. LEGISLATIVE POWERS
2. Grounds
The Organic Act of Autonomous Region shall provide for legislative
powers over: Culpable violation of the Constitution
treason
1) Administrative organization; bribery
2) Creation of sources of revenues; graft and corruption
3) Ancestral domain and natural resources other high crimes or
4) Personal, family and property relations betrayal of public trust
5) Regional, urban, and rural planning development;
6) Economic, social, and tourism development; Note: It is an exclusive list. Congress cannot, by law, add to the list of impeachable
7) Educational policies; offenses.
8) Preservation and development of the cultural heritage; and
9) Such other matters as may be authorized by law for the promotion of the 3. These officers cannot be charged in court with offenses that have removal from
general welfare of the people of the region. office as penalty.
4. The President cannot be charged with murder.
Limitations: 5. A SC Justice cannot be disbarred because this would disqualify him from his
position.
1) Subject to the provisions of the Constitution and national laws 6. BUT AFTER an official has been impeached, he can be charged with the
2) To be exercised within its territorial jurisdiction appropriate offense.
7. Resignation by an impeachable official does not place him beyond the reach of
Section 21. PRESERVATION OF PEACE AND ORDER/DEFENSE AND impeachment proceedings; he can still be impeached.
SECURITY
52
All Other Public Officers and Employees B. For this purpose, the Senators shall be under oath or affirmation
a. When the President of the Philippines is on trial, the CJ of the
1. They may be removed from office as provided by law Supreme Court presides. However, he/she will not vote.
2. BUT: NOT by impeachment
8.) Judgment of Conviction
Section 3: PROCEDURE FOR IMPEACHMENT
This requires the concurrence of 2/3 of all the Members of the Senate
Exclusive Power of House of Representatives
9.) Effect of the Impeachment
The House of Representatives has exclusive power to INITIATE all cases of
impeachment. a. Removal from office of the official concerned
b. Disqualification to hold any office under the Republic of the
Procedure: Philippines
c. Officer still liable to prosecution, trial, and punishment if the
1. Filling of verified complaint impeachable offense committed also constitutes a felony or crime.
a. Can be filed by: Section 4: SANDIGANBAYAN
1. Any member of the House of Representatives or Sandiganbayan = the anti-graft court

2. Any citizen upon a resolution of endorsement by any
Member of the House or Sections 5-6, 8-14: OFFICE OF THE OMBUDSMAN
3. By at least 1/3 of all the Members of the House of
Representatives Composition:
2.) Inclusion of complaint in the order of business with 10 session days 1.) Ombudsman/Tanodbayan
3.) Referral to proper Committee within 3 session days thereafter 2.) Overall deputy
4.) Submission of Committee report to the House together with corresponding 3.) At least one Deputy each for Luzon, Visayas and Mindanao
resolution 4.) Deputy for military establishment may be appointed
a. There should be a hearing

b. There should be a majority vote of the members Qualifications: (Ombudsman and his deputies)
c. The report should be submitted within 60 days from referral, after
hearing, and by a majority vote of ALL its members. 1.) Natural born citizen of the Philippines
2.) At least 40 years old at time of appointment
5.) Calendaring of resolution for consideration by the House 3.) Of recognized probity and independence
Should be done within 10 session days from receipt thereof 4.) Member of the Philippine bar
6.) Vote of at least 1/3 of all Members of the House necessary to: 5.) Must not have been candidate for any elective office in the immediately
preceding election
a. Affirm a favorable resolution with the Articles of Impeachment of 6.) For Ombudsman: He must have been for ten years or more
the Committee or a. A judge or
b. To override its contrary resolution b. Engage in the practice of law in the Philippines
Note: If the verified complaint or resolution of impeachment was filed by at least Disqualifications/Prohibitions (under Article IX, Section 2)
1/3 of all the Members of the House, it shall constitute the Articles of Impeachment.
Trial in the Senate shall proceed. 1.) Cannot hold any other office or employment during his tenure
2.) Cannot engage in the practice of any profession or in the active management or
7.) Trial in the Senate control of any business which may be affected by the functions of his office
3.) Cannot be financially interested, directly or indirectly, in any contract with or in
A. Senate has the sole power to try and decide all cases of any franchise or privilege granted by the Government, any of its subdivisions,
impeachment agencies or instrumentalities, including GOCCs or their subsidiaries
53
Appointment 2. Direct, upon complaint or at its own instance, any public official or employee of
the government, or any subdivision, agency or instrumentality thereof, as well as of
1. Of Ombudsman and deputies any government-owned or controlled corporation with original charter, to perform
and expedite any act of duty required by law, or to stop, prevent, and correct any
a. By the president from a list of at least 6 nominees prepared by the abuse or impropriety in the performance of duties.
Judicial and Bar Council. Vacancies will be filled from a list of 3 nominees
b. Appointments do NOT require confirmation a. The Ombudsman has PERSUASIVE POWER, and may require that
c. All vacancies shall be filled within 3 months after they occur. proper legal steps are taken by the officers concerned.
b. The public official or employee must be employed in:
2. Of other officials and employees of the Office of the Ombudsman (I). The Government
(II). Any subdivision, agency, or instrumentality thereof; or
d. By the Ombudsman (III). GOCC’s with original charters
e. In accordance with Civil Service Law c. The SC has held that the SP may prosecute before the Sandiganbayan judges
accused of graft and corruption, even if they are under the Supreme Court.
Term: (Ombudsman and deputies)
3.) Direct the officer concerned to take the appropriate action against a public official
1. 7 years with reappointment or employee at fault, and recommend his removal, suspension, demotion, fine,
2. They are NOT qualified to run for any office in the election immediately censure, or prosecution, and ensure compliance therewith.
succeeding their cessation from office
a. The Ombudsman does NOT himself prosecute cases against public
Rank/Salaries: officers or employees.
b. Final say to prosecute still rests in the executive department.
1. The Ombudsman has the rank of Chairman of a Constitutional Commission c. The Ombudsman or Tanodbayan may use mandamus to compel
2. The Members have the rank of members of a Constitutional Commission the fiscal to prosecute.
3. Their salaries cannot be decreased during their term of office.
4.) Direct the officer concerned, in any appropriate case, and subject to such
Powers, Functions and Duties of the Office of the Ombudsman limitations as may be provided by law to furnish it with copies of documents
relating to contracts or transactions entered into by his office involving the
1. Investigate on its own, or on complaint by any person, any act or omission of disbursement or use of public funds of properties, and report any irregularity to
any public official, employee, office or agency, when such act or omission appears COA for appropriate action.
to be illegal, unjust, improper, or inefficient.
5.) Request any government agency for assistance and information necessary in
a. The SC held that the power to investigate and prosecute cases the discharge of its responsibilities, and to examine, if necessary, pertinent records
involving public officers and employees has been transferred to the Ombudsman. and documents.
b. The Ombudsman may always delegate his power to investigate.
c. The power to investigate includes the power to impose preventive 6.) Public matters covered by its investigation when circumstances so warrant and
suspension. with due process
d. This preventive suspension is not a penalty.
e. “INVESTIGATE” does not mean preliminary investigation. 7.) Determine the cause of inefficiency, red tape, mismanagement, fraud and
f. The complaint need not be drawn up in the usual form. corruption in the government and make recommendations for their elimination and
the observance of high standards of ethics and efficiency
8.) Promulgate its rules of procedure and exercise such other powers or perform
such functions or duties as may be provided by law
g. The “ILLEGAL” act or omission need not be in connection with the
duties of the public officer or employee concerned. Note: The Office of the Ombudsman also has the duty to act promptly on
h. ANY illegal act may be investigated by the Ombudsman. In this complaints filed in any form or manner against public officials or employees of the
regard, the Ombudsman’s jurisdiction is CONCURRENT with that of the regular government, or any subdivision, agency or instrumentality including GOCCs and
prosecutors.
54
their subsidiaries. In appropriate cases, it should notify the complainants of the

action taken and the result thereof. Prohibition applies during their TENURE.
Fiscal Autonomy: Scope of prohibition:
The Office of the Ombudsman enjoys fiscal autonomy. Its approved annual 1.) The above mentioned officials cannot obtain, directly or indirectly for
appropriations should be automatically and regularly released. BUSINESS PURPOSES:
a. Loans
b. Guarantees
Section 7: OFFICE OF THE SPECIAL PROCECUTOR c. Other forms of financial accommodation
From:
1. Under the 1987 Constitution, the existing Tanodbayan became the Office of the 1. Government owned or controlled banks; or
Special Prosecutor 2. Government owned or controlled financial institutions.
2. Powers 2.) If the loan, etc, is NOT for business purpose, e.g. a housing loan, the
a. It will continue to function and exercise its powers as now or prohibition does not apply.
hereafter may be provided by law
b. Exception: Powers conferred on the Office of the Ombudsman
3. The Office of the Special Prosecutor is subordinate to and acts under the orders
of the Ombudsman
Note: According to Jack, the SC was wrong because the ConCom intended that the
SP was to prosecute anti-graft cases.
Section 17: Statements of assets, liabilities and net worth
Section 15: RECOVERY OF ILL-GOTTEN WEALTH
When submitted:
Prescription, Laches, Estoppel
Public officer and employee shall submit a declaration under oath of his assets,
1.) The right of the State to recover properties unlawfully acquired by public liabilities and net worth upon assumption of office and as often as required under
officials and employees from them or from their nominees or transferees shall NOT the law.
be barred by prescription, laches or estoppel.
2.) Their right to prosecute criminally these officials and employees may prescribe. When declaration shall be disclosed to the public:
Section 16: PROHIBITION ON CERTAIN FINANCIAL TRANSACTIONS These declarations shall be disclosed to the public in a manner provided by law in
the case of:
Coverage:
1.) President
This prohibition applies to: 2.) Vice-President
3.) Members of the Cabinet
1.) President 4.) Members of Congress
2.) Vice-President 5.) Justices of the Supreme Court
3.) Members of the Cabinet 6.) Members of Constitutional Commissions
4.) Members of Congress 7.) Other constitutional offices
5.) Members of Supreme Court 8.) Officers of the armed forces with general or flag rank
6.) Members of Constitutional Commissions
7.) Ombudsman Section 18: Allegiance of public officers and employees
8.) Any firm or entity in which they have controlling interest
Allegiance to the State and to the Constitution
When prohibition applies: Change in Citizenship/Immigrant Status
55
Section 2. REGALIAN DOCTRINE

1.) Incumbent public officers and employees who seek either:
Distinction between Imperium and Dominium
a. Change his citizenship; or
b. Acquire immigrant status in another country 1. Imperium
Shall be dealt with by law. Government authority possessed by the State which is appropriately
embraced in sovereignty.
2.) If Philippine citizenship is one of the qualifications to the office, the loss of
such citizenship means the loss of the office by the incumbent. 2. Dominium
a. The capacity of the State to own and acquire property.
3.) The Election Code provides the rules with respect to non-incumbents, i.e. b. It refers to lands held by the government in a proprietary
persons running for elective offices. character: can provide for the exploitation and use of lands and other natural
resources.
a. The Code provides that permanent residents of or immigrant to a
foreign country cannot file certificates of candidacy unless they expressly waive Scope:
their status as such
This renunciation must be some other than, and prior to, the filling of the certificate The following are owned by the State:
of candidacy.
1. Lands of the public domain:
ARTICLE XII – NATIONAL ECONOMY AND PATRIMONY Waters
Minerals, coals, petroleum, and other mineral oils;
SEC. 1. GOALS OF THE NATIONAL ECONOMY All sources of potential energy;
Fisheries;
Three-fold goal: Forests or timber;
Wildlife;
1. More equitable distribution of opportunities, income and wealth; Flora and fauna; and
2. Sustained increase in the amount of goods and services produced by the nation Other natural resources.
for the benefit of the people; and
3. Expanding productivity, as the key to raising the quality of life for all. Alienation of Natural Resources
The State shall promote industrialization and full employment 1. General Rule: All natural resources CANNOT be alienated
2. Exception: Agricultural lands
1. It should be based on sound agricultural development and agrarian reform
2. It should be through industries that make full and efficient use of human and Exploration, Development and Utilization of Natural Resources
natural resources. Industries should also be competitive in both domestic and 1. Shall be under the full control and supervision of the State
foreign markets.
2. Means
A. The state may DIRECTLY UNDERTAKE such activities
B. The state may enter into CO-PRODUCTION, JOINT VENTURE OR PRODUCTION-
SHARING arrangements with
1. Filipino citizen or
Protection of Filipino enterprises 2. Corporation or association at least 60% of whose
The State shall protect Filipino enterprises against unfair foreign competition capital is owned by such citizens
and trade practices.
3. Limitations:
Role of Private Enterprises A. Period: It should not exceed 25 years, renewable for not more than 25
Private enterprises, including corporations, cooperatives, and similar collective years
organizations, shall be encouraged to broaden the base of their ownership. B. Under terms and conditions as may be provided by law.
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4. In case of water rights/water supply/fisheries/industrial uses other than the 2. Classification is descriptive of the legal nature of the land and NOT what it looks like.
development of water power Thus, the fact that forest land is denuded does not mean it is no longer forest land.
The beneficial use may be the measure and limit of the grant.
Alienable lands of public domain
1. Only agricultural lands are alienable.

2. Agricultural lands may be further classified by law according to the uses to which
they may be devoted.
Small-scale Utilization of Natural Resources
Limitations regarding Alienable Lands of the Public Domain
1. Congress may, by law, authorize small-scale utilization of natural resources by
Filipino citizens 1. For private corporations or associations
2. Congress may also authorize cooperative fish farming with priority given to
subsistence fishermen and fishworkers in the rivers, lakes, bays and lagoons. A. They can only hold alienable lands of the public domain BY LEASE
B. Period: Cannot exceed 25 years, renewable for not more than 25 years
Large-Scale Exploration, Development and Utilization of C. Area: Lease cannot exceed 1,000 hectares
Minerals/Petroleum/Other Mineral Oils
1. The President may enter into agreements with foreign owned corporations involving
technical or financial assistance for large-scale exploration etc. of minerals,
petroleum, and other mineral oils. These agreements should be in accordance with
the general terms and conditions provided by law. Note: A corporation sole is treated like other private corporations for the purpose
2. They should be based on the real contributions to economic growth and general of acquiring public lands.
welfare of the country.
3. In the agreements, the State should promote the development and use of local 2. For Filipino citizens
scientific and technical resources.
4. The President should notify Congress of every contract under this provision within 30 A. Can lease up to 500 hectares
days from its execution. B. Can ACQUIRE not more than 12 hectares by purchase, homestead or
5. Management and service contracts are not allowed under this rule. grant
Protection of Marine Wealth Taking into account the requirements of conservation, ecology and development,
and subject to the requirements of agrarian reform, Congress shall determine by
1. The State shall protect its marine wealth in its law the size of the lands of the public domain which may be acquired, developed,
Archipelagic waters held or lease and the conditions therefore.
Territorial sea &
EEZ Means by Which Lands of the Public Domain Become Private Land
2. The State shall reserve its use and enjoyment exclusively to Filipino citizens. 1. Acquired from government by purchase or grant;
2. Uninterrupted possession by the occupant and his predecessors-in-interest since
Section 3. LANDS OF THE PUBLIC DOMAIN ARE CLASSIFIED INTO time immemorial; and
3. Open, exclusive, and undisputed possession of ALIENABLE (agricultural) public land
1. Agricultural for a period of 30 years.
2. Forest/timber
3. Mineral lands & A. Upon completion of the requisite period, the land becomes private property ipso jure
4. National Parks without need of any judicial or other sanction.
B. Here, in possession since time immemorial, presumption is that the land was never
Note: part of public domain.
1. Classification of public lands is an exclusive prerogative of the Executive Department C. In computing 30 years, start from when land was converted to alienable land, not
through the Office of the President, upon recommendation by the DENR. when it was still forest land
D. Presumption is that land belongs to the State.
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Section 4. Congress shall, as soon as possible, determine by law, the

specific limits of forest lands and national parks, marking clearly their
boundaries on the ground. Thereafter, such forest lands and national
parks shall be conserved and may not be increased or diminished, EXCEPT
by law. Congress shall provide measures to prohibit logging in
a. Endangered forest and
b. Watershed areas
for such period as it may determine.
Section 5. ANCESTRAL LANDS
Protection of Indigenous Cultural Communities
1. The State protects the rights of indigenous cultural communities to their ancestral
lands
A. Subject to Constitutional provisions
B. Subject to national development policies and programs
2. In determining ownership and extent of ancestral domain, Congress may use

customary laws on property rights and relations.
3. “ANCESTRAL DOMAIN”
A. It refers to lands which are considered as pertaining to a cultural region
B. This includes lands not yet occupied, such as deep forests.
Section 7. PRIVATE LANDS
General rule
1. Private lands CAN only be transferred or conveyed to:

A. Filipino citizens
B. Corporations or associations incorporated in the Philippines, at least 60% of whose
capital is owned by Filipino citizens
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2. Exceptions 1. Congress may directly grant a legislative franchise; or

2. Power to grant franchises may be delegated to appropriate regulatory agencies
A. In intestate succession, where an alien heir of a Filipino is the transferee of private and/or LGU’s
land.
B. A natural born citizen of the Philippines who has lost his Philippine citizenship may Public utility
be a transferee of PRIVATE ALND, subject to limitation provided by law. Hence,
land can be used only for residential purposes. In this case, he only acquires 1. In order to be considered as a public utility, and thus subject to this provision, the
derivative title. undertaking must involve dealing directly with the public.
C. Foreign states may acquire land but only for embassy and staff residence purposes. 2. Thus, a Build-Operate-Transfer grantee is NOT a public utility. The BOT grantee
merely constructs the utility, and it leases the same to the government. It is the
3. Filipino citizenship is only required at the time the land is acquired. Thus, loss of government which operates the public utility (operation separate from ownership).
citizenship after acquiring the land does not deprive ownership.
4. Restriction against aliens only applies to acquisition of ownership. Therefore:

A. Aliens may be lessees or usufructuaries of private lands To whom granted:
B. Aliens may be mortgages of land, as long as they do not obtain possession thereof
and do not bid in the foreclosure sale. 1. Filipino citizens or
2. Corporations or associations incorporated in the Philippines and at least 60% of the
5. Land tenure is not indispensable to the free exercise of religious profession and capital is owned by Filipino citizens.
worship. A religious corporation controlled by non-Filipinos cannot acquire and own
land, even for religious purposes. Terms and conditions:
Remedies to recover private lands from disqualified aliens: 1. Duration: Not more than 50 years
2. Franchise is NOT exclusive in character
1. Escheat proceedings 3. Franchise is granted under the condition that it is subject to amendment, alteration,
2. Action for reversion under the Public Land Act or repeal by Congress when the common good so requires.
3. An action by the former Filipino owner to recover the land
A. The former pari delicto principle has been abandoned Participation of Foreign Investors
B. Alien still has the title (didn’t pass it on to one who is qualified)
1. The participation of foreign investors in the governing body of any public utility
Section 10. NATIONAL ECONOMY AND PATRIMONY/INVESTMENTS enterprise shall be limited to their proportionate share in its capital.
2. Foreigners cannot be appointed as the executive and managing officers because
Power of Congress these positions are reserved for Filipino citizens.
1. Congress, upon the recommendation of NEDA, can reserve to Filipino citizens or to Section 16. FORMATION/ORGANIZATION/REGULATION OF CORPORATIONS
corporations or associations at least 60% of whose capital is owned by such
citizens, or such higher percentage as Congress may prescribe, certain areas of 1. Private corporations
investment. This may be done when the national interest dictates. Congress can only provide for the formation, etc of private corporations
2. Congress shall also enact measures to encourage the formation and operation of through a general law.
enterprises whose capital is wholly owned by Filipinos.
2. GOCC’s
National Economy and Patrimony They may be created by:
a. Special charters in the interest of the common good and subject to the
In the grant of rights, privileges and concessions covering the national economy test of economic viability.
and patrimony, the State shall give preference to QUALIFIED Filipinos. b. By incorporation under the general corporation law.
Section 11. FRANCHISES FOR PUBLIC UTILITIES Sections 18-19. SPECIAL ECONOMIC POWERS OF THE GOVERNMENT
Power to grant: 1. Temporary takeover or direction of operations:

59
A. Conditions Advertising 1. Filipino citizens; or

i. National emergency and 2. Corporations incorporated in RP, and 70% Filipino owned.
ii. When the public interest requires
B. May be used against privately owned public utilities or businesses affected with Educational institution 1. Filipino citizens; or
public interest. 2. Corporations incorporated in RP, with 60% Filipino ownership
C. Duration of the takeover: period of emergency EXCEPT: Schools established by religious groups and mission boards.
D. Takeover is subject to reasonable terms and conditions *Congress may, by law, increase Filipino equity requirements for ALL educational
E. No need for just compensation because it is only temporary. institutions.
2. Nationalization of vital industries: Congress may, by law, reserve to Filipino citizens or to corporations 60% Filipino
A. Exercised in the interest of national welfare or defense owned (or even higher) certain investment areas.
B. Involves either:
i. Establishment and operation of vital industries; or ARTICLE XIII – SOCIAL JUSTICE AND HUMAN RIGHTS
ii. Transfer to public ownership, upon payment of just compensation, public utilities
and other private enterprises to be operated by the government. Social Justice
Section 19. MONOPOLIES 1) Social justice in the Constitution is principally the embodiment of the principle that
those who have less in life should have more in law.
1. The Constitution does NOT prohibit the existence of monopolies. 2) The 1987 Constitution advances beyond what was in previous Constitutions in that it
2. The State may either regulate or prohibit monopolies, when public interest so seeks not only economic social justice but also political social justice.
requires.
3. Combinations in restraint of trade or unfair competition are prohibited. Principal activities in order to achieve social justice
Creation of more economic opportunities and more wealth; and

Filipino citizenship or equity requirements: Closer regulation of the acquisition, ownership, use and disposition of property in
order to achieve a more equitable distribution of wealth and political power.
ACTIVITY REQUIREMENTS CITIZENSHIP AND/OR EQUITY
Exploitation of natural resources 1. Filipino citizens; or Labor

2. Corporations incorporated in RP, with 60% Filipino ownership
 Section 3 of Article XIII elaborates on the provision in Article II by specifying who
Operation of Public Utilities 1. Filipino citizens; or are protected by the Constitution, what rights are guaranteed, and what positive
2. Corporations incorporated in RP, with 60% Filipino ownership measures the state should take in order to enhance the welfare of labor.
Acquisition of Right to organize and to hold peaceful concerted activities

alienable lands of
the public domain  The right to organize is given to all kinds of workers BOTH in the PRIVATE and
1. Filipino citizens; PUBLIC sectors.
2. Corporations incorporated in RP, with 60% Filipino ownership;  The workers have a right to hold peaceful concerted activities except the right
3. Former natural-born citizens of RP, as transferees, with certain legal restrictions; and to strike, which is subject to limitation by law.
4. Alien heirs as transferees in case of intestate succession.
Right to participate in the decision making process of employers
Practice of ALL Professions Filipino citizens only (natural
persons) The workers have the right to participate on matters affecting their rights and
*Congress may, by law, benefits, “as may be provided by law”. This participation can be through
otherwise prescribe
1) collective bargaining agreements,
Mass Media 1. Filipino citizens; or 2) grievance machineries,
2. Corporations incorporated in RP, and 100% Filipino owned 3) voluntary modes of settling disputes, and
4) conciliation proceedings mediated by government.
60
3) Cite for contempt for violations of its rules, in accordance with the Rules of Court.
4) Provide appropriate legal measures for the protection of the human rights of all persons,
Agrarian Reform within the Philippines, as well as Filipinos residing abroad, and provide for
preventive measures and legal aid services to the underprivileged whose human
Goals: rights have been violated or need protection.
A. CHR can initiate court proceedings on behalf of victims of human rights violations.
Agrarian reform must aim at B. They can recommend the prosecution of human rights violators, but it cannot
1) efficient production, itself prosecute these cases.
2) a more equitable distribution of land which recognizes the right of farmers and C. BUT: The CHR cannot issue restraining orders or injunctions against alleged
regular farmworkers who are landless to own the land they till, and human rights violators. These must be obtained from the regular courts.
3) a just share of other or seasonal farmworkers in the fruits of the land. 5) Exercise visitorial powers over jails, prisons and other detention facilities.
6) Establish continuing programs for research, education and information in order to
CARL as an exercise of police power and power of eminent domain enhance respect for the primacy of human rights.
7) Recommend to Congress effective measures to promote human rights and to provide
 To the extent that the law prescribes retention limits for landowners, there is an compensation to victims of human rights violations or their families.
exercise of police power. But where it becomes necessary to deprive owners of 8) Monitor compliance by the government with international treaty obligations on human
their land in excess of the maximum allowed there is compensable taking and rights.
therefore the exercise of eminent domain. 9) Grant immunity from prosecution to any person whose testimony or whose possession of
documents or other evidence is necessary or convenient to determine the truth in
Reach of agrarian reform any CHR investigation.
 It extends not only to private agricultural lands, but also to “other natural 10) Request assistance from any department, bureau, office, or agency in the performance
resources,” even including the use and enjoyment of “communal marine and of its functions.
fishing resources” and “offshore fishing grounds”. 11) Appoint its officers and employers in accordance with law.
12) Perform such other functions and duties as may be provided for by law.
The Commission on Human Rights
ARTICLE XIV - EDUCATION, SCIENCE AND TECHNOLOGY,
Composition: ARTS, CULTURE, AND SPORTS
1) Chairman; and EDUCATION

2) 4 members
Goals of the State:
Qualifications:
The State shall promote and protect:
1) Natural-born citizens of the Philippines; 1) The right to quality education at all levels;
2) Majority of the Commission must be members of the Philippine Bar; 2) The right to affordable and accessible education; and
3) Term of office, other qualifications and disabilities shall be provided by law; 3) Education that is relevant to the needs of people and society.
4) The appointment of the CHR members is NOT subject to CA confirmation; and
5) The CHR is not of the same level as the COMELEC, CSC, or COA. Right to Education and Academic Freedom
Powers: The right to education must be read in conjunction with the academic freedom
of schools to require “fair, reasonable, and equitable admission requirements.”
1) Investigate all forms of human rights violations involving civil or political rights
A. Violations may be committed by public officers or by civilians or rebels. Power to Dismiss Students
B. CHR cannot investigate violations of social rights.
C. CHR has NO adjudicatory powers over cases involving human rights violations. 1) Schools have the power to dismiss students, after due process, for disciplinary
D. They cannot investigate cases where no rights are violated. reasons.
E. Example: There is no right to occupy government land, i.e. squat thereon. 2) Acts committed outside the school may also be a ground for disciplinary action if:
Therefore, eviction therefrom is NOT a human rights violation. a) It involves violations of school policies connected to school-sponsored activities;
2) Adopt operational guidelines and rules of procedure. or
61
b) The misconduct affects the student’s status, or the good name or reputation of 2) Requires an enabling statute
the school. 3) Grants, endowments, donations and contributions actually, directly and
exclusively used for educational purposes are exempt from taxes, subject to
conditions prescribed by law.
Regulation of Right to Education
III. Academic Freedom
The right to education in particular fields may be regulated by the State in the
exercise of its police power, e.g. the State may limit the right to enter medical A. Educational Institutions
school by requiring the applicants to take the NMAT. Schools have the freedom to determine:
1) Who may teach,
Free Education 2) What may be taught,
3) How it shall be taught, and
1) The State shall maintain a system of free education in: 4) Who may be admitted to study.
a) Elementary level, and
b) High school level. B. Faculty members
1) Full freedom in research and in the publication of the results, subject to the
2) Elementary education is compulsory for all children of school age. However, this is a adequate performance of their other academic duties.
moral rather than a legal compulsion. 2) Freedom in the classroom in discussing their subjects, but they should be careful
not to introduce into their teaching controversial matter which has no relation to
Educational Institutions their subjects.
3) When faculty members speak or write in their capacity as citizens, then they are
I. Filipinization free from institutional censorship or discipline.
A. Ownership:
1). Filipino citizens, or C. Students
2). Corporations incorporated in RP and 60% Filipino-owned. They have the right to enjoy in school the guarantees of the Bill of Rights.
EXCEPT: Schools established by religious groups and mission boards.
3). Congress may increase Filipino equity requirements in ALL educational D. Limitations
institutions. 1) Dominant police power of the State
2) Social interest of the community
B. Control and Administration:
1). Must be vested in Filipino citizens E. Budgetary Priority:
2). Refers to line positions, such as President, Dean, Principal, and Trustees 1). Education must be assigned the highest budgetary priority.
3). Faculty members may be foreigners. 2). BUT: This command is not absolute. Congress is free to determine what should
be given budgetary priority in order to enable it to respond to the imperatives of
C. Student Population: national interest and for the attainment of other state policies or objectives.
1). GENERAL RULE: Cannot establish school exclusively for aliens. Aliens can only
comprise up to 1/3 of total enrollment. Religious Education in Public Schools:
2). EXCEPTIONS: Schools established for foreign diplomatic personnel and their
dependents, and unless otherwise provided for by law for other foreign temporary Religion may be taught in public schools subject to the following requisites:
residents. 1) Express written option by parents and guardians;
2) Taught within regular class hours;
II. Tax Exemptions 3) Instructors are designated and approved by the proper religious authorities; and
A. Non-stock, non-profit educational institutions: 4) WITHOUT ADDITIONAL COST TO THE GOVERNMENT.
1) All revenues and assets actually, directly and exclusively used for educational
purposes are exempt from taxes and duties. Section 6. Language
2) This is self-executory.
1) National language: Filipino
B. Proprietary educational institutions, including cooperatives: 2) Official Languages: Filipino, and unless otherwise provided by law, English.
1) Entitled to exemptions as may be provided by law, including restrictions on 3) Regional languages are auxiliary to the official languages.
dividends and re-investment 4 (Spanish and Arabic are promoted only on an optional and voluntary basis.
62
B. Implied consent:
ARTICLE XVI - GENERAL PROVISIONS
1). The State enters into a private contract.
Sections 1-2. Symbols of Nationality
a). The contract must be entered into by the proper officer and within the scope of
1) Flag his authority.
b). UNLESS: The contract is merely incidental to the performance of a governmental
 Red, white, and blue. function.
 With a sun and 3 stars
 The design may be changed by constitutional amendment. 2). The State enters into an operation that is essentially a business operation.
2) Congress may, by law, adopt a new: a). UNLESS: The operation is incidental to the performance of a governmental
function (e.g. arrastre services)
(a) Name for the country, b). Thus, when the State conducts business operations through a GOCC, the latter can
(b) National anthem, or generally be sued, even if its charter contains no express “sue or be sued” clause.
(c) National seal.
3). Suit against an incorporated government agency.
Note: Law will take effect upon ratification by the people in a NATIONAL REFERENDUM.
a) This is because they generally conduct propriety business operations and have
charters which grant them a separate juridical personality.
Section 3. State Immunity
4). The State files suit against a private party.
Suability of State UNLESS: The suit is entered into only to resist a claim.
1) The State cannot be sued without its consent. Garnishment of government funds:
2) When considered a suit against the State
a). The Republic is sued by name; 1) GENERAL RULE: NO. Whether the money is deposited by way of general or special
b). Suits against an un-incorporated government agency; deposit, they remain government funds and are not subject to garnishment.
c). Suit is against a government official, but is such that ultimate liability shall 2) EXCEPTION: A law or ordinance has been enacted appropriating a specific amount
devolve on the government to pay a valid government obligation, then the money can be garnished.
i. When a public officer acts in bad faith, or beyond the scope of his authority, he
can be held personally liable for damages.
ii. BUT: If he acted pursuant to his official duties, without malice, negligence, or Consent to be sued is not equivalent to consent to liability:
bad faith, they are not personally liable, and the suit is really one against the State.
3) This rule applies not only in favor of the Philippines but also in favor of foreign states. 1) The Fact that the State consented to being sued does not mean that the State will
4) The rule likewise prohibits a person from filing for interpleader, with the State as ultimately be held liable.
one of the defendants being compelled to interplead. 2) Even if the case is decided against the State, an award cannot be satisfied by writs
of execution or garnishment against public funds. Reason: No money shall be paid
Consent to be sued out of the public treasury unless pursuant to an appropriation made by law.
A. Express consent: Section 4. THE ARMED FORCES OF THE PHILIPPINES
1). The law expressly grants the authority to sue the State or any of its agencies. Composition:
2). Examples:
A citizen armed force
a). A law creating a government body expressly providing that such body “may sue
or be sued.” Prohibitions and disqualifications:
b). Art. 2180 of the Civil Code, which creates liability against the State when it acts
through a special agent. 1) Military men cannot engage, directly or indirectly, in any partisan political activity,
except to vote.
63
2) Members of the AFP in active service cannot be appointed to a civilian position in

the government, including GOCCs or their subsidiaries.
The Chief of Staff:
1) Tour of duty: Not exceed to three years

2) EXCEPTION: In times of war or other national emergency as declared by Congress,
the President may extend such tour of duty.
ARTICLE XVII- AMENDMENTS OR REVISIONS
Definitions:
1) Amendment: an alteration of one or a few specific provisions of the Constitution.

Its main purpose is to improve specific provisions of the Constitution. The changes
brought about by amendments will not affect the other provisions of the
Constitution.
2) Revision: An examination of the entire Constitution to determine how and to what
extent it should be altered. A revision implies substantive change, affecting the
Constitution as a whole.
Constituent power v. Legislative power
1) Constituent power is the power to formulate a Constitution or to propose

amendments to or revisions of the Constitution and to ratify such proposal.
Legislative power is the power to pass, repeal or amend or ordinary laws or
statutes (as opposed to organic law).
2) Constituent power is exercised by Congress (by special constitutional
conferment), by a Constitutional Convention or Commission, by the people through
initiative and referendum, and ultimately by sovereign electorate, whereas
legislative power is an ordinary power of Congress and of the people, also through
initiative and referendum.
3) The exercise of constituent power does not need the approval of the Chief
Executive, whereas the exercise of legislative power ordinarily needs the approval
of the Chief Executive, except when done by people through initiative and
referendum.
Three (3) steps necessary to give effect to amendments and revisions:
1) Proposal of amendments or revisions by the proper constituent assembly;

2) Submission of the proposed amendments or revisions; and
3) Ratification.
64
3) Examples of justiciable issues:

Proposal of amendments:
a) Whether a proposal was approved by the required number of votes in
Amendments may be proposed by: Congress (acting as a constituent assembly).
b) Whether the approved proposals were properly submitted to the
A. Congress, acting as a constituent assembly, by a 3/4 vote of all its members. people for ratification.
 The power of Congress to propose amendments is NOT part of its ordinary
legislative power. Proposal of Revisions
 The only reason Congress can exercise such power is that the Constitution
has granted it such power. 1) By Congress, upon a vote of 3/4 of its members
2) By a constitutional convention
B. Constitutional Convention:
Ratification
1) How a Constitutional Convention may be called
a). Congress may call a ConCon by a 2/3 vote of all its members; or 1) Amendments and revisions proposed by Congress and/or by a ConCon:
b). By a majority vote of all its members, Congress may submit to the electorate the
question of whether to call a ConCon or not. a) Valid when ratified by a MAJORITY of votes cast in a plebiscite.
b) Plebiscite is held not earlier than 60 days nor later than 90 days from
2) Choice of which constituent assembly (either Congress or ConCon) should initiate the approval of such amendments or revisions.
amendments and revisions is left to the discretion of Congress. In other words, it is
a political question. 2) Amendments proposed by the people via initiative:
3) BUT: The manner of calling a ConCon is subject to judicial review, because the a) Valid when ratified by a MAJORITY of votes cast in a plebiscite.
Constitution has provided for vote requirements. b) Plebiscite is held not earlier than 60 days nor later than 90 days after
the certification by COMELEC of the petition's sufficiency.
4) If Congress, acting as a constituent assembly, calls for a ConCon but does not
provide the details for the calling of such ConCon, Congress - exercising its ordinary 3) Requisites of a valid ratification:
legislative power - may supply such details. But in so doing, Congress (as
legislature) should not transgress the resolution of Congress acting as a constituent a) Held in a plebiscite conducted under the election law;
assemble. b) Supervised by the COMELEC; and
c) Where only franchised voters (registered) voters take part.
5) Congress, as a constituent assembly and the ConCon have no power to appropriate
money for their expenses. Money may be spent from the treasury only to pursuant 4) Issues regarding ratification:
to an appropriation made by law.
a) The Constitution does not require that amendments and revisions be
C. People’s Initiative submitted to the people in a special election. Thus, they may be submitted for
ratification simultaneously with a general election.
1) Petition to propose such amendments must be signed be at least 12% of ALL b) The determination of the conditions under which proposed
registered voters. amendments/revisions are submitted to the people falls within the legislative
2) Every legislative district represented by at least 3% of the registered voters therein. sphere. That Congress could have done better does not make the steps taken
3) Limitation: unconstitutional.
It cannot be exercised oftener than once every 5 years. c) All the proposed amendments/revisions made by the constituent
assemblies must be submitted for ratification in one single plebiscite. There cannot
Note: be a piece-meal ratification of amendments/revisions.
1) While the substance of the proposals made by each type of constituent d) Presidential proclamation is NOT required for effectivity of
assembly is not subject to judicial review, the manner the proposals are made is amendments/revisions, UNLESS the proposed amendments/revisions so provide.
subject to judicial review.
2) Since these constituent assemblies owe their existence to the Constitution, the ARTICLE XVIII - TRANSITORY PROVISIONS
courts may determine whether the assembly has acted in accordance with the
Constitution.
65
Effectivity of the 1987 Constitution
 The 1987 Constitution took effect immediately upon its ratification.

 According to the SC, this took place on February 2, 1987, which was the day the
people cast their votes ratifying the Constitution.
Military bases agreements
1) Renewals of military bases agreements must be through a strict treaty.

2) Ratification of the agreement in a plebiscite is necessary only when Congress so
requires.
3) Section 25 of Article XVIII allows possible local deployment of only AMERICAN
forces.

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1

POLITICAL LAW (CONSTITUTIONAL LAW) POLITICAL LAW (CONSTITUTIONAL LAW)

REVIEWER & MEMORY AID REVIEWER & MEMORY AID

d. The insular shelves; and

Definition of Archipelago 1. A Community of persons;

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b. Legal and non-legal,

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

Amity with all nations

Mark of sovereignty (2nd and 3rd sentences)

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 It is the most essential, insistent and the least limitable of powers,

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Aspects of “Due Process”:

 The right to enjoy the faculties to which he has been endowed by

 Property and property rights can be lost through prescription; but

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Note: Requirements of a valid ordinance:

When is a law VAGUE?

1. When it lacks COMPREHENSIBLE STANDARDS

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3. And differ as to its application Definition of “PROBABLE CAUSE”

Equal Protection of the law For the issuance of a warrant of arrest:

Requisites for a valid warrant: CODE: P J E D

1. It must be issued upon PROBABLE CAUSE.

REVIEWER & MEMORY AID REVIEWER & MEMORY AID

JOHN DOE WARRANT

A “John Doe” warrant can satisfy the requirement of particularity of description if it

VALID WARRANTLESS SEARCH

1. Search made as an incident to lawful arrest

A. An officer making an arrest may take from the person arrested:

2. Search of moving vehicles

REVIEWER & MEMORY AID REVIEWER & MEMORY AID

i. The right exists.

B. The right against unreasonable searches and seizures is a personal

VALID WARRANTLESS ARRESTS

1. When the person to be arrested has committed, is actually committing, or is

4. Waiver of an invalid arrest:

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Prohibitions under Section 4

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a. It must not be false or misleading; and Right of Assembly and Petition

Section 5. No law shall be made respecting an establishment of religion,

REVIEWER & MEMORY AID REVIEWER & MEMORY AID

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Compensation is required if the property is a patrimonial property, that is, property

A. Elements: CODE: E P A P O Point of reference for valuating a piece of property:

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Rights of person under investigation for the Commission of an offense

1) Waiver should be made in WRITING Section 14. Rights of an accused

REVIEWER & MEMORY AID REVIEWER & MEMORY AID

Purposes of the right:

(i) Accused has been duly notified; and

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Effect of dismissal based on the ground of violation of the accused’s right

“RIGHT TO MEET WITNESS FACE TO FACE” Scope of right

1. The admissibility of “dying declarations” Who can invoke the right:

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Section 21. No person shall be twice put in jeopardy of punishment for

1. A penalty is cruel and inhuman if it involves torture or lingering suffering. Ex.

A fine is excessive, when under any circumstance, it is disproportionate to the