consti rev
TRANSCRIPT
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Constitution written instrument by which the fundamental powers of thegovernment are established, defined and limited, and by which these powers are
distributed to the various departments for the safe and useful exercise for thebenefit of the body politic.
Constitutional law a body of rules resulting from the interpretation of the
constitutional instrument, by a high court, in cases in which the validity of some act
of governmental power has been challenged.
Type of Constitution there are two ways of classifying constitutions.
Written or rigid for example the Constitution of the Republic of thePhilippines Unwritten or flexible various documents, customs, traditions and
practices. It is flexible and can easily be amended with the change of
the times. For example, the Constitution of England
Normative its norms direct governmental action, and governmentadjusts its actions to the norms
Nominal not yet fully operative because of the existing socio-economic conditions, its principal value is educational.
Semantic a tool for perpetuating power in the hands of the power-holders.
Characteristics of a good constitution
Broad encompassed the whole state Brief no need for details, merely a structure Definite not vague.
Components of a good constitution
Constitution of Government provisions on the outline of government.(Executive, Legislative, Judicial)
Constitution of Liberties provisions that guarantees rights. (Bill of Rights)
Constitution of Sovereignty provisions on how the amendatory process of the
constitution could take place.
PREAMBLEWe, the Sovereign Filipino people, imploring the aid of Almighty God, in
order to build a just and humane society and establish a government that
shall embody our ideals and aspirations, conserve and develop our
patrimony, and secure to ourselves and our posterity the blessings of
independence and democracy under a rule of law and a regime of truth,
justice, freedom, love, equality and peace, do ordain and promulgate thisConstitution.
Preamble sets down the origin, scope, and purpose of the constitution
Useful in the aid of ascertaining the meaning of ambiguous provisionsin the body of the constitution source of light
Origin, scope and purpose of the constitution as set out in the preamble
Origin the sovereign Filipino people Scope and purpose to build a just and humane society and to
establish a government that shall embody our ideals and aspirations,
promote common, conserve and develop our patrimony, and to secure
to ourselves and our posterity the blessings if independence and
democracy under the rule of law and a regime of truth, justice,
freedom, love, equality and peace
The grammatical 1st person We the Filipino people thereby suggesting that
another power was merely announcing that the Filipinos were finally being allowed
to promulgate a constitution
Almighty God more personal and more consonant with personalist Filipino
religiosityCommon good (1987) projects the idea of a social order that enables every
citizen to attain his or her fullest development economically, politically, culturally,and spiritually.
General welfare (1973) could be interpreted as the greatest good for the
greatest number even if what the greater number wants does violence to human
dignity as for instance when the greater majority might want the extermination of
those who are considered inferior
Equality a major problem in the Philippine society is the prevalence of grosseconomic and political inequalities
New significant addition Under the rule of law and a regime of truth, justice,
freedom, love, equality and peace
Love inserted as a monument to the love that prevented bloodshedin the February Revolution
Truth is a protest against the deception which characterized theMarcos regime
Peace is mentioned last as the fruit of the convergence of truth,justice, freedom and love
Rule of law concept of government officials have only the authority given them
by law and defined by law, and that such authority continues only with the consentof the peopleour rule is of law and not of men
Article 1 The National TerritoryThe National Territory comprises the Philippine archipelago, with all the
islands and waters embraced therein, and all other territories over which
the Philippines has sovereignty or jurisdiction, consisting of its terrestrial,
fluvial and aerial domains, including its territorial sea, the seabed, the
subsoil, the insular shelves, and other submarine areas. The waters around,
between, and connecting the islands of the archipelago, regardless of their
breadth and dimension, shall form part of the internal waters of thePhilippines.
Territorial claim in a constitution municipal law it only binds the nation
promulgating it it will bind internationally only if it is supported by proof that it
can stand in international lawWhy does that constitution a definition of national territory 1935, 1973,
and 1987 defines the national territory of the Philippines
1935 had to be accepted by the president of the united states 1973 archipelagic principle preservation of national wealth, for
national security, and as a manifestation of our solidarity as a people
Scope of the national territory
The Philippine archipelago All other territories over the which the Philippines has sovereignty or
jurisdiction
o Any territory which presently belongs or might in the futurebelong to the Philippines through any of the internationally
accepted modes of acquiring territory
All territory over which the present (1935)government of the Philippines islands exercises
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jurisdiction Batanes islands belonging to the
Philippines
1973 constitution all territories belonging to thePhilippines by historic or legal title other
territories which depending on available evidence,might belong to the Philippines ex. Sabah, Marianas,
Freedomland
Territorial sea, the seabed the , subsoil, the insular shelves and othersubmarine area corresponding the Philippine archipelago and
territories over the which the Philippines have sovereignty or
jurisdiction the Philippines lay claim to the extent recognized by
international law definitions of these areas and right of the
Philippines over these areas are provided for in customary andconventional international law
o Terrestrialo Fluvialo Aerial domains
Archipelago body of water studded with islands
Philippine archipelago delineated in the treaty of Paris ofDecember 10,1898 modified by the treaty of Washington of
November 7, 1900 and the treaty with great Britain of January 2,1930
1935 constitution
o 1973 constitution omitted specific mention of these treaties constitutional convention delegates wanted to erase everypossible trace of our colonial history from the new organic
document 1987 constitution follows this lead
Internal waters irrespective of their breadth and dimension
Straight baseline method drawing straight lines connecting appropriate pointson the coast without departing to any appreciable extent from the general direction
of the coast
Baseline lines drawn along the low water mark of an island or group of islands
which mark the end of the internal water and the beginning if the territorial sea
RA 9522 provides for one baseline around the archipelago andseparate baselines for the regime of islands outside the archipelago
Article 2 Declaration of Principles and State Policies
Declaration of principles and state policies is a statement of the basic
ideological principles and policies that underlie the constitution Guide for all departments of the government in the implementation of
the constitution
Section 1 The Philippines is a Democratic and Republican State.
Sovereignty resides in the people and all Government Authority emanates
from them.
State it is a community of persons more or less numerous, permanently
occupying a definite portion of territory, independent of external control, and
possessing an organized government to which the great body of inhabitants renderhabitual obedience
Legal conceptElement of a state:
People
Territory Sovereignty Government
Nation ethnic concept
People a community of persons sufficient in number and capable of maintainingthe continued existence of the community and held together by a common bond of
lawLegal sovereignty is the supreme power to affect legal interest either by
legislative, executive or judicial action exercised by state agencies
Auto-limitation sovereignty is the property of a state-force due towhich it has the exclusive capacity of legal self-determination and self-
restriction
Political sovereignty is the sum total of all the influences in a state, legal andnon-legal, which determine the course of law
Government that institution or aggregate of institutions by which an independent
society make and carries out those rules of actions which are necessary to enable
men to live in a social state
Imposed upon the people forming that society by those who possessthe power or authority of prescribing them
Kinds of functions of government - conceptual definitions of these functions are
still acceptable
Constituent compulsory functions which constitute the very bondsof society
Ministrant are the optional functions of governmento Principles for determining whether or not a government shall
exercise certain of these optional functions are:
That a government should do for the public welfarethose things which private capital would not naturally
undertake
That a government should do those things which byits very nature it is better equipped to administer for
the public welfare than is any private individual or
groups of individuals
Classification of governmentsDe jure is one established by authority of legitimate sovereign
The government under Cory Aquino and the freedom constitution wasa de jure government it was established by authority of the
legitimate sovereign, the peopleDe facto merely is one established in defiance of the legitimate sovereign
Kinds of de facto governmento 1st is that government that gets possession and control of,
or usurps, by force or by the voice of majority
o 2nd is that which is established and maintained by invadingmilitary forces
o 3rd is that established as an independent government by theinhabitants of a country who raise insurrection against the
parent state
Presidential form of government principle of separation of powers byestablishing equilibrium among the three power holders, harmony will result, power
will not be concentrated and thus tyranny will be avoided
Legislative power given to the legislature
Executive power given to a separate executive
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Judicial power held by an independent judiciaryEssential characteristics of a parliamentary form of government
The members of the government or cabinet or the executive arm are,as a rule, simultaneously members of the legislature
The government or cabinet consisting of political leaders of themajority party or of a coalition who are also members of the
legislature, is in effect a committee of the legislature
The government or cabinet minister or his equivalent The government or cabinet remains in power only for as long as it
enjoys the support of the majority of the legislature
Both government and legislature of the other immediate politicalresponsibility
o In the hands of the legislature is the vote of non-confidence(censure) whereby the government may be ousted
o In the hands of the government is the power to dissolve thelegislature and call for new elections
Republican state is a state wherein all government authorities emanates from
the people and is exercised by representatives chosen by people
Democratic state shares some aspects of direct democracyo Initiative and referendumo The word democratic was also a monument to the February
revolution direct action of the people
Constitutional authoritarianism understood and practiced in theMarcos regime under the 1973 constitution
o The assumption of extraordinary powers by the presidentincluding legislative and judicial and even constituent powers
o Compatible with republican state if that constitution uponwhich the executive bases his assumption of power is a
legitimate expression of the peoples will and if the executive
who assumes power received his office through a valid
election by the people
Differences between a state, government and administration
State Government Administration
Corporate entity One of the elements of a
state
Consists of set of people
currently running the
institution
Its institution throughwhich the state exercises
power
Change without a changeof either state or
government
Section 2 The Philippines renounces war as an instrument of National
Policy, adopts the generally accepted principles of International Law as
part of the law of the land, and adheres to the policy of peace, equality,
justice, freedom , cooperation and amity with all nations.
What kinds of war is renounced by the Philippines aggressive, not defensive,
war
Generally accepted principles of international law -
The right of an alien to be released on bail while awaiting deportationwhen his failure to leave the country is due to the fact that no country
will accept him
The right of a county to establish military commissions to try warcriminals
Amity with all nations is an ideal to be aimed at
Diplomatic recognition remains a matter of executive discretion
Section 3 Civilian authority is at all times supreme over the military. The
Armed Forces of the Philippines is the protector of the State and the state.Its goal is to secure the sovereignty of the state and the integrity of the
national territory.
Civilian supremacy the principle is institutionalized by the provision which
makes the president, a civilian and precisely as civilian, commander-in-chief of the
armed forces
Civilian officers are superior to military officials only when a law makesthem so
Armed forces to secure sovereignty of the state and to preserve the integrity of
the of the national territory
Protect the people when ordinary law and order forces need assistanceSection 4 The prime duty of the government is to serve and protect the
people. The government, may call upon the people to defend the state and
in fulfillment thereof, all citizens may be required, under conditions
provided by law, to render personal military or civil service.
How does the 1st sentence differ from its counterpart in the 1973constitution
1973 and 1935 defense primary duty of the governmento Easily lent itself to interpretations which justified a national
security sate offensive to the people
1987 on service to protection of people under conditions providedby law
o 2nd sentence emphasizes the primacy of serving the interestof people and protecting their rights even when there is needto defend the state
Section 5 The maintenance of peace and order, and the protection of life,
liberty and property, and the promotion of the general welfare are essential
for the enjoyment by all the people of the blessings of democracy.
Section 6 The separation of Church and State shall be inviolable.
State policiesSection 7 The State shall pursue an independent foreign policy. In its
relations with other states the paramount consideration shall be nationalsovereignty, territorial integrity, national interest, and the right to self-
determination.
What is the general characteristic of the provisions protecting the rights in
art 2 they are not self-executing provisions they need implementing acts of
congress
Principles that must guide the government
The government must maintain an independent foreign policy
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Give paramount consideration to national sovereignty, territorialintegrity, national interest, and self-determination
Section 8 The Philippines, consistent with the national interest, adopts andpursues a policy of freedom from nuclear weapons in its territory.
Constitutional policy on nuclear weapons the constitution prescribes a policy
of freedom from nuclear weapons
Prohibition not only from possession, control and manufacture ofnuclear weapons but also nuclear arms test
E: peaceful uses of nuclear energy must be justified by demands ofnational interest
Section 9 The State shall promote a just dynamic social order that will
ensure the prosperity and independence of the nation and free the people
from poverty through policies that provide adequate social services,promote full employment, a rising standard of living, and an improved
quality of life for all.
Section 10 The State shall promote social justice in all phases of national
development.
Underlying premises of sections 9 and 10 they derived from the premises
that poverty and gross inequality are major problems besetting the nation and thatthese problems assault the dignity of the human person
Social Justice in the sense it is used in the constitution the equalization of
economic, political, and social opportunities with special emphasis on the duty of the
sate to tilt the balance if social forces by favoring the disadvantaged in life
1935 justice for the common tao 1973 those who have less in life should have more in law
Impact of the social justice provision the provision has been chieflyinstrumental in the socialization of the states attitude to property rights thus
gradually eradicating the vestiges of laissez faire in Philippine society
Section 11 The State values the dignity of every human person andguarantees full respect for human rights.
Section 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. The natural and primary right and duty of parents in the
rearing of the youth for civic efficiency and the development of moral
character shall receive the support of the Government.
Section 13 The State recognizes the vital role of the youth in nation-
building and shall promote and protect their physical, moral, spiritual,intellectual, and social well-being. It shall inculcate in the youth patriotism
and nationalism, and encourage their involvement in public and civic affairs.
Family stable heterosexual relationship
Is anterior to the state and not a creature of the stateProtection that is guaranteed for the unborn
This is not an assertion that the unborn is a legal person This is not an assertion that the life of the unborn is placed exactly on
the level of the life of the mothero When necessary to save the life of the mother the life of
the unborn may be sacrificed Not for the purpose of saving the mother from
emotional suffering
Protection made to begin from the time of conception to prevent the state
from adopting the doctrine in the U.S. supreme court decision of which liberalized
abortion laws up to the 6th month of pregnancy by allowing abortion can be done
without danger to the motherIn the matter of education the primary and natural right belongs to the parents.
The constitution affirms the primary right of parents in the rearing of children to
prepare them for a productive civic and social life and at the same time it affirms
the secondary and supportive role of the state
Basic principle of liberty guaranteed by the due process clauseSection 14 The State recognizes the role of women in nation-building, and
shall ensure the fundamental equality before the law of women and men.
Section 15 The State shall protect and promote the right to health of the
people and instill health consciousness among them.Section 16 The State shall protect and advance the right of the people to abalanced and healthful ecology in accord with the rhythm and harmony of
nature.
Section 16 provide for enforceable rights appeal to it has been recognized as
conferring standing in minors to challenge logging policies of the government
(Oposa vs Factoran, Jr)
By authority of section 16 embodying the peoples right to a balancedecology and under various statutes, several government agents were
required by mandamus to undertake the cleaning of manila bay and itssurroundings (MMDA vs residents of manila bay)
Section 17 The State shall give priority to education, science and
technology, arts, culture, and sports to foster patriotism and nationalism,accelerate social progress, and promote total human liberation and
development.
Section 18 The State affirms labor as a primary social economic force. It
shall protect the rights of workers and promote their welfare.
Primary social economic force it means that the human factor has primacy
over the non-human factors in production
Section 19 The State shall develop a self-reliant and independent nationaleconomy effectively controlled by Filipinos.
How is this provision related to the article on the national economy and
patrimony this is a guide for interpreting provisions on the national economy and
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patrimony any doubt must be resolved in favor of self-reliance and independence
and in favor of Filipinos
Section 20 The State recognizes the indispensable role of the private sector,
encourages private enterprise, and provides incentives to neededinvestments.
Section 21 The State shall promote comprehensive rural development and
agrarian reform.
Rural developments must not only include agrarian reforms but also encompass
a broad spectrum of social, economic, human, cultural, political, and even industrial
development
Section 22 The State recognizes and promotes the rights of indigenous
cultural communities within the framework of national unity and
development.
Section 23 The State shall encourage non-governmental, community- based,or sectoral organizations that promote the welfare of the nation.
Section 24 The State recognizes the vital role of communication and
information in nation-building.
Section 25 The State shall ensure the autonomy of local governments.
Section 26 The State shall guarantee equal access to opportunities forpublic service, and prohibit political dynasties as may be defined by law.
Purpose of article 26 is to give substance to the desire for the equalization of
political opportunities
Political dynasties its definition is left to the legislature Non self-executory it merely specifies a guideline for legislative of
executive action
Section 27 The State shall maintain honesty and integrity in the public
service and take positive and effective measures against graft and
corruption.
Section 28 Subject to reasonable conditions prescribed by law, the
State adopts and implements a policy of full public disclosure of all itstransactions involving public interest
Article 6 The Legislative Department
Section 1 The legislative power shall be vested in the Congress of the
Philippines which shall consist of a Senate and a House of Representatives,
except to the extent reserved to the people by the provision of initiative
and referendum.
Legislative power is the authority to make laws and to alter or repeal
them
The legislative power of the congress is plenary Legislative power is vested in the congress of the Philippines
o Senateo House of representativeso Except to the extent reserved to the people by the provision
on initiative and referendum
The congress cannot pass irrepealable laws it attempts to limit thepower of future legislators
o The power of any legislator can be limited only by theconstitution
Advantages of bicameralism
Allow for a body with a national perspective to check the parochialtendency of representatives elected by district
Allows for more careful study of legislation Makes the legislature less susceptible to control by the executive Serves as training ground for national leaders
Advantages of unicameralism
Simplicity of organization resulting in:o Economy and efficiencyo Facility in pinpointing responsibility for legislation
Avoidance in duplicationKinds of legislative power republican system
Original legislative power possessed by the sovereign people Derived legislative power delegated by the people to legislative
bodies and is subordinate to the original power of the people
o Kind of power vested in congressOther legislative powers
Constituent power to amend or revise the constitutiono The people, through amendatory process, exercise
constituent power, and, through initiative and referendum
Ordinary power to pass ordinary lawsLimits of legislative power
Substantive limits curtail the contents of a law Procedural limits curtail the manner of passing laws
The congress cannot delegate its legislative powers the power must remain
to the people have lodged it. However, there are two exceptions to the rule:
Immemorial practice legislative power may be delegated to localgovernments Constitution in specific instances ex. Art6 sections 23(2) and 28(2)
Scope of the delegated power only as far as congress allows it
delegated legislation may not violate a statute
Administrative agencies not delegated with legislative or law-making powers
but rule-making power or law execution
Fill the details of an already complete statute Ascertain the facts necessary to bring a contingent law into actual
operation
Qualities which ensures that the power delegated is not law-making butmerely law execution:(Pelaez vs Auditor General)
Be complete itself it must set forth therein the policy to be carriedout or implemented by the delegate
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Fix a standard the limits of which are sufficiently determinate ordeterminable to which the delegate must conform in the
performance of his functions
Must the standard be formulated in precise declaratory language no. It
can be drawn from the declared policy of the law and from the totality of thedelegating statute
The power to fix wages may be delegated to an executive body providedthat there are adequate standards
Grant of quasi-legislative and quasi-judicial powers to administrative
bodies - result of the growing complexity of the modern society to help in the
regulation of its ramified activities
Rules and regulations promulgated by administrative agencies have forceof law and also have the force of penal law, provided the following
conditions concur:
The delegating statute itself must specifically authorize thepromulgation of penal regulations
The penalty must not be left to the administrative agencyo It must be provided by the statute itself
The regulation must be published in the official gazette or a newspaperof general circulation
Section 2 The Senate shall be composed of twenty-four Senators who shall
be elected at large by the qualified voters of the Philippines, as may beprovided by law.
There are 24 senators elected at large
Section 3 No person shall be a Senator unless he is a natural-born citizen of
the Philippines, and, on the day of the election, is at least thirty-five years
of age, able to read and writ, a registered voter, and a resident of the
Philippines for not less than two years immediately preceding the day of
election.
Qualifications of a senator these may neither be added to nor subtracted from
by the congress
Natural-born citizen of the Philippines At least 35 years of day on the day of the election Able to read or write Registered voter Resident of the Philippines for not less than two years immediately
preceding the day of election
Section 4 The term of office of the Senators shall be six years and shall
commence, unless otherwise provided by law, at noon on the thirtieth day
of June next following their election.
No Senator shall serve for more than two consecutive terms. Voluntaryrenunciation of the 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.
The term of a senator
6 years commences at noon on the 13th day of June next followingtheir election, unless otherwise provided by law
No senator shall serve for more than two consecutive termsSection 5 (1) The House of Representatives shall be composed of not more
than two hundred and fifty members, unless otherwise fixed by law, whoshall be elected from legislative districts apportioned among the provinces,
cities, and the Metropolitan Manila area in accordance with the number of
their respective inhabitants, and on the basis of a uniform and progressive
ratio, and those who, as provided by law, shall be elected through a party-
list system of registered national, regional, and sectoral parties or
organizations.
(2) The party-list representative shall constitute twenty per centum of the
total number of representative including those under the party list. For
three consecutive terms after the ratification of this Constitution, one- half
of the seats allocated to party-list representatives shall be filled, as
provided by law, by selection of election from the labor, peasant, urbanpoor, indigenous cultural communities, women, youth, and such other
sectors as may be provided by law, except the religious sector.
(3) Each legislative district shall comprise, as far as practicable, contiguous,
compact, and adjacent territory. Each city with a population of at least twohundred fifty thousand, or each province, shall have at least representative.
(4) Within three years following the return of every census, the Congressshall make a reapportionment of legislative districts based on the
standards provided in this section.
House of representatives 250 members
Representative districts created by law
Legislative districts does not need conformation from plebiscite inits creation
Classification of the members of the house
District representatives each representing one congressionaldistrict
Party-list representatives elected through the party-list system Sectoral representatives only exist until 1998Party-list system under the system, registered national, regional, and sectoral
parties or organization submit a list of candidates arranged in the order of priority voted at large and the number of seats a party or organization will get, out of
20% allocated for party-list representatives, will depend on the number of votes
garnered nationwide
it is hoped that the system will democratize political power byencouraging the growth of multi-party system while at the same time
giving power to those who traditionally win in elections
Party-list or organization guidelines:
Represent the marginalized and underprivileged Must comply with this policy Must not represent the religious sector Must not be disqualified under section 6 of RA 7941
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Must not be an adjunct of or a project organized or an entity foundedor assisted by the government
Its nominees must comply with the requirements The nominee must likewise be able to contribute to the formation and
enactment of legislation that will benefit the nationParties or Organizations that are disqualified (section 6) The comelec may
motu propio or upon verified complaint of any interested party, remove or cancel,after due notice and hearing, the registration of any national, regional or sectoral
party, organization or coalition on any of the following grounds:
It is a religious sect or denomination, organization or associationorganized for religious purposes
Advocates violence or unlawful means to seek its goal It is a foreign party or organization It is receiving support from any foreign government, foreign political
party, foundation, organization, whether directly or through any of its
officers or members or indirectly through third parties for partisan
election purposes
It violates or fails to comply with laws, rules or regulations relating toelections
It declares untruthful statements in its petition It has ceased to exist for at least 1 year It fails to participate in the last 2 preceding elections or fails to obtain
at least 2% of the votes cast under the party-list system in the 2
preceding elections for the constituency in which it has registeredComelec determines whether or not a party is qualified to participate in the partylist system
Has no authority to correct the imbalance by the transfer ofmunicipalities from one district to another
Qualifications of a party-list nominee (section 9 of RA 9741):
Natural-born citizen of the Philippines Registered voter Resident of the Philippines for a period not less than 1 year
immediately preceding the day of the election
Able to read and write A bona fide member of the party or organizations which he seeks to
represent for at least 90 days preceding the day of the election
At least 25 years of age on the day of the electionQualifications of a nominee in the youth sector:
At least be 25 but not more than thirty years of age on the day of theelection
Proportional representation 20% celling mandatory
2% requirement to get a seat unconstitutional obstacle to filling the20%
Distribution of seats among the parties:
1st the 20% allocation the combined number of all party-listcongressmen shall not exceed 20% of the total membership of the
house of representatives, including those elected under the party-list
2nd the 2% threshold only those parties who garnered a minimum of2% of the total valid votes cast for the party-list system are qualified
to have a seat in the house of representatives
3rd proportional representation the additional seats which a qualifiedparty is entitled to shall be computed in proportion to their total
number of votes
Religious leaders may be elected or selected as sectoral representatives
The prohibition is against representation of religious sectors notreligious leaders
Legislative districts shall comprise, as far as practicable, contiguous, compact,adjacent territories
Each city with a population of at least 250,000 or each province, shallhave at least 1 representative
Uniform and progressive ratio concept of equality of representation basic principle of republicanism
Gerrymandering formation of one legislative district out of separate territoriesfor the purpose of favoring a candidate or a party is not allowed
Section 6 No person shall be a Member of the House of Representatives
unless he is a natural-born citizen of the Philippines and, on the day of the
election, is at least twenty-five years of age, able to read and write, and
except the party-list representatives, a registered voter in the district inwhich he shall be elected, and a resident thereof for a period of not less
than one year immediately preceding the day of the election.
Qualifications of a member of the house of representatives:
Natural-born citizen of the Philippines At least 25 years of age on the day of the election Able to read or write Registered voter in the district he shall be elected (party-list
representative)
Resident thereof for a period of not less than one year immediatelypreceding the day of the election
Domicile is the domicile of origin (Domino vs Comelec)
Requires not only such bodily presence in that place but also adeclared and probable intent to make it ones fixed and permanent
place of abode, ones homeo Animus manendi intention of remainingo Animus no revertendi intention of leaving
Residence requires the bodily presence in a given place
Property qualifications are contrary to the social justice provision of theconstitution (Marquera vs Borra
Section 7 The Members of the House of Representatives shall be elected for
a term of three years, which shall begin, unless otherwise provided by law,
at noon on the thirtieth of June next following their election.
No Member of the House of Representatives shall serve for more than three
consecutive terms. Voluntary renunciation of the office for any length of
the time shall not be considered as an interruption in the continuity of his
service for the full term for which he was elected.
Term of a member of the house:
3 years commences at noon on the 13th day of June next followingtheir election, unless otherwise provided by law
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No member of the house shall serve for more than three consecutiveterms
Term period during which an official is entitled to hold office
Changed by amendmentTenure period during which the official actually holds office
Can be shortenedSection 8 Unless otherwise provided by law, the regular election of the
Senators and the Members of the House of Representatives shall be held on
the second Monday of May.
Section 9 In case of vacancy in the Senate or in the House of
Representatives, a special election may be called to fill such vacancy in themanner prescribed by law, but the Senator or Member of the House of
Representatives thus elected shall serve only for the unexpired term.
In case of vacancy in the senate or house of representatives a special
election to fill the vacancy is not mandatory. The matter is left to the discretion of
congress in the manner prescribed by law
If there be a special election, the person elected shall serve only forthe unexpired term
Section 10 The salaries of Senators and Members of the House of
Representatives shall be determined by law. No increase in said
compensation shall take effect until after expiration of the full term of allthe Members of the Senate and the House of Representatives approvingsuch increase.
Salary of the members of the house 240,000 per annum art 18 sec 17
Legal bar to the legislators yielding to the natural temptation to increase their
salaries
Section 11 A Senator or Member of the House of Representatives shall, in
all offenses punishable by not more than six years imprisonment, beprivileged from arrest while the Congress is in session. No Member shall be
questioned nor be held liable in any other place for any speech or debate in
the Congress or in any committee thereof.
Differences between privilege from arrest (1987 and 1935) available onlywhen the congress is in session protection from harassment which will keep him
away from legislative sessions
1987 privilege from civil arrest and even for a criminal offenseprovided that the offense is not punishable by a penalty of more than
6 years imprisonment
1935 privilege only from civil arrestParliamentary privilege of speech no member shall be questioned nor be held
liable in any other place for any speech or debate in the congress or in any
committee thereof
Protection only against forums other than the congress itself doesnot protect the assemblyman against the disciplinary authority of the
congress but it is an absolute protection against suits for libel
Speech or debate includes utterances made in the performance ofofficial functions
It is not essential that the congress be in session what is essential isthat the utterance must constitute legislative action, that is, it must be
part of the deliberative and communicative process by which
legislators participate in committee or congressional proceedings in the
consideration of proposed legislation or of other matters which theconstitution has placed within the jurisdiction of the congress
Purpose of the privilege intended to leave the legislator unimpededin the performance of his duties and free from fear of harassment
outside
Section 12 All Members of the Senate and the House of Representatives
shall, upon assumption of office, make a full disclosure of their financial
and business interests. They shall notify the House concerned of a potentialconflict of interest that may arise from the filing of a proposed legislation
of which they are authors.
Section 13 No Senator or Member of the House of Representatives, may
hold any other office or employment in the Government, or any subdivision,
agency or instrumentality thereof, including government- owned orcontrolled corporations or their subsidiaries, during his term without
forfeiting his seat. Neither shall he be appointed to any office, which may
have been created, or the emoluments thereof increased during the term
for which he was elected.
Section 14 No Senator or Member of the House of Representatives maypersonally appear as counsel before any court of justice or before theElectoral Tribunals, or quasi-judicial and other administrative bodies.
Neither shall he, directly or indirectly, be interested financially in anycontract with, or in any franchise or special privilege granted by the
Government, or any subdivision, agency, or instrumentality thereof,
including any government-owned or controlled corporation, or its
subsidiary, during his term of office. He shall not intervene in any matter
before any office of the Government for his pecuniary benefit or where he
may be called upon to act on account of his office.
Prohibitions on a member of congress relative to the practice of his
profession:
Personally appear as counsel before:o Any court of justiceo Electoral tribunalso Quasi-judicial and other administrative bodies
Directly or indirectly be interested financially in any contract with, or inany franchise or special privilege granted by the government, or any
subdivision, agency, or instrumentally thereof including any
government-owned or controlled corporation, or its subsidiary, during
his term or office
He shall not intervene in any matter before any office of thegovernment of his pecuniary benefit or where he may be called upon
to act on account of his officeIntervention would make the constitutional provision ineffective acquire a
minimal participation in the interest of a client and then intervene in the
proceedings
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Section 15 The Congress shall convene once every year on the fourth
Monday of July for its regular session, unless a different date is fixed by
law, and shall continue to be in session for such number of days as it may
determine until thirty days before the opening of its next regular session,
exclusive of Saturdays, Sundays, and legal holidays. The President may calla special session at any time.
Special session one called by the president while the legislature is in recess
1935 special session the legislature could consider only the subjectmatter designated by the president
o 100 days regular session 1987 congresss discretion to number the days of a regular session
the distinction is no longer significant for the purpose ofdetermining what the legislature may consider
Section 16 (1) The Senate shall elect its President and the House of
Representative its Speaker, by a majority vote of all its respective Members.
Each House shall choose other such other officers as it may deemnecessary.
(2) A majority of each House shall constitute a quorum to do business, but
a smaller number may adjourn from day to day and may compel the
attendance of absent Members in such manner, and under such penalties,as such House may provide.(3) Each House may determine the rules of its proceedings, punish its
Members for disorderly behavior, and, with the concurrence of two-thirdsof all its Members, suspend or expel a Member. A penalty of suspension,
when imposed, shall not exceed sixty days.
(4) Each House shall keep a Journal of its proceedings, and from time to
time publish the same, excepting such parts as may, in its judgment, affect
national security; and the yeas and nays on any question shall, at the
request of one-fifth of the Members present, be entered in the Journal.Each House shall also keep a Record of its proceedings.
(5) Neither House during sessions of the Congress shall, without the
consent of the other, adjourn for more than three days, nor to any otherplace than that in which the two Houses shall be sitting.
Officers of the congress
Senate president Speaker of the house Other officers each house may deem necessary
Quorum it is based on the proportion between those physically present and the
total membership of the body
Implementation of the rules of either house the court cannot intervene
the legislatures formulation and implementation of its rules except on mattersaffecting internal operation of the legislature
Also when the legislative rules affects private rightsPurpose of keeping a journal conclusive upon the courts
To ensure publicity to the proceedings of the legislature, and acorrespondent responsibility of the members to their respective
constituents
To provide proof of what actually transpired on the legislatureMatters excluded in the journal judgment affecting national securityEnrolled bill doctrine the signing of a bill by the speaker of the house and the
president of the senate and the certification by the secretaries of both houses ofcongress that such bill was passed are conclusive of its due enactment (Arroyo vs
De Venecia)
Enrolled bill is the official copy of the approved legislation and bears the
certification of the presiding officer of the legislative body
The respect due to coequal department requires the courts to acceptthe certification of the presiding officer as conclusive assurance thatthe bill so certified is authentic
Enrolled bill theory is based mainly in the respect due to a coequal department
Section 17 The Senate and the House of Representatives shall each have an
Electoral Tribunal, which shall be the sole judge of all contests relating to
the election, returns, and qualification of their respective Members. Each
Electoral Tribunal shall be composed of nine Members, three of whom shallbe Justices of the Supreme Court to be designated by the Chief Justice, and
the remaining six shall be Members of the Senate or the House of
Representatives, as the case may be, who shall be chosen on the basis of
proportional representation from the political parties or organizations
registered under the party-list system represented therein. The seniorJustice in the Electoral Tribunal shall be its Chairman.
Electoral tribunal of each house sole judge of all contests relating to theelection, returns, and qualifications of the members of congress
Once the candidate has been proclaimed, taken his oath and assumedoffice as a member of the house of representatives
comelecs jurisdiction ends and HRET begins
Decided whether or not a party-list is qualified to join the party-listsystem
Composition of electoral tribunal the senior justice of the tribunal shall be its
chairman
3 justices of the supreme court designated by the chief justice 6 members of the of the senate or the house of representatives chosen by proportional representation
PET sole judge of all contests relating to the election, returns and qualifications ofthe president or vice-president
SET sole judge of all contest relating to the election, returns and qualifications of
members of the senate
Congress and COMELEC en banc shall determine only the authenticity and due
execution of the certificates of canvass
Exercise this power before the proclamation of the winning candidateDifference between the electoral tribunal under the 1935 and 1987
1935 only the two major political parties had representation andthey had it equally between them
1987 all political parties are given proportional representationWhat is the extent of the jurisdiction of the supreme court over the
electoral tribunals judicial review of decisions or final resolutions of the electoral
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tribunals is possible only in the exercise of the courts so-called extraordinary
jurisdiction upon a determination that the tr ibunals decision or resolution was
rendered without or in excess of jurisdiction or with grave abuse of discretion
constituting denial of due process
Section 18 There shall be a Commission on Appointments consisting of the
President of the Senate, as ex officio Chairman, twelve Senators, andtwelve Members of the House of Representatives, elected by each House on
the basis of proportional representation from the political parties and
parties or organizations registered under the party-list system represented
therein. The Chairman of the Commission shall not vote, except in case of a
tie. The Chairman of the Commission shall not vote, except in case of a tie.
The Commission shall act on all appointments submitted to it within thirtysession days of the Congress from their submission. The Commission shall
rule by a majority vote of all the Members.
Composition of the Commission on appointments: - the total composition is 25
but the chairman votes only to break the tie
Senate president chairman 12 senators 12 members of the house elected by each house according to
proportional representation of the parties or organizations registered
under the party-list system represented therein
Function of the commission on appointments acts as a legislative check inthe appointing authority of the president
Section 19 The Electoral Tribunals and the Commission on Appointmentsshall be constituted within thirty days after the Senate and the House of
Representatives shall have been organized with the election of the
President and the Speaker. The Commission on Appointments shall meet
only while the Congress is in session, at the call of its chairman or a
majority of all its members, to discharge such powers and functions as are
herein conferred upon it.
How should the commission arrive at its decisions
1st the commission must act on all appointments submitted to it within30 days from submission to prevent the commission from freezing
appointments 2nd the commission can meet and act only when the congress is in
session
Section 20 The records and books of accounts of the Congress shall be
preserved and be open to the public in accordance with law, and such
books shall be audited by the Commission on Audit which shall publish
annually an itemized list of amounts paid to and expenses incurred for each
member.
Section 21 The Senate of the House of Representatives or any of itsrespective committees may conduct inquiries in aid of legislation in
accordance with its duly published rules of procedure. The rights of
persons appearing in or affected by such inquiries shall be respected.
Legislative Hearings
Section 21 legislative investigations in aid of legislation its scope and
limitation has been the subject of earlier rulings but Senate vs Ermita, specified who
may and who may not be summoned to section 21 hearings
A department head who is an alter ego of the president may besummoned
Chairman and members of PCGG Anyone except the president and justices of the supreme court
o This must be published intended to satisfy the basicrequirement of due process
o Publication is indeed imperative, for it will be the height ofinjustice to punish or otherwise burden a citizen for the
transgression of a law or rule of which he had no noticewhatsoever, not even a constructive one
Takes effect after 15 days of publication Power of inquiry is an essential and appropriate auxiliary to the
legislative function a legislative body cannot legislate wisely or
effectively in the absence of information respecting the conditions
which the legislation is intended to affect or change
is an essential element for establishing the jurisdiction of thelegislative body
The rights of persons appearing in or affected by such inquiries shall be
respected legislative investigations must be subject to the limitations placed by
the constitution on governmental action all governmental action must beexercised subject to constitutional limitations, principally found in the bill of rights,this limitation really creates no new constitutional right
How long may congress keep a contumacious witness in detention
limitations on the power of congress in the implicit limitation that the legislaturespower to commit a witness for contempt terminates when the legislative body cease
to exist upon its final adjournment
Section 22 The heads of Departments may upon their own initiative, with
the consent of the President, or upon the request of either House shall
provide, appear before and be heard by such house on any matterpertaining to their Departments. Written questions shall be submitted to
the President of the Senate of the Speaker of the House of Representatives
at least three days before their scheduled appearance. Interpellations shall
not be limited to written questions, but may cover matters related thereto.When the security of the state or the public interest so requires and the
President so states in writing, the appearance shall be conducted inexecutive session.
Section 22 oversight function of congress intended to enable congress to
determine how laws passed are being implemented. In difference to separation of
powers
Department heads are alter egos of the president they may notappear without the permission of the president
o Exemption from summon applies only to department headsand not to everyone who has a cabinet rank
Formalizes the oversight function of congress intended to forestallany objection to a department heads appearance in congress
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Question hour is proper to a parliamentary system where there is no separation
between the legislative and executive department
Question hour under the 1973 constitution has made the appearance of
department heads voluntary
Section 23 (1) The Congress, by a vote of two-thirds of both Houses in joint
session assembled, voting separately, shall have the sole power to declarethe existence of a state of war.
(2) In times of war or other national emergency, the Congress may by lawauthorize the President, for a limited period and subject to such
restrictions as it may prescribe, to exercise powers necessary and proper
to carry out a declared national policy. Unless sooner withdrawn byresolution of Congress, such power shall cease upon the next adjournment
thereof.
War power (1935) art6 sec25 gave to congress the sole power to declare war
War power (1973 & 1987) gave to congress the sole power to declare the
existence of war the Philippines renounces aggressive war as an instrument ofnational policy
Executive power holds the actual power to make war
Holds the sword of the nation May make war even in the absence of a declaration of war
Emergency powers for a limited period and subject to such restrictions as itmay be prescribed
To exercise powers necessary withdrawn by resolution of congress,such powers necessary and proper to carry out a declared nationalpolicy
What emergency powers may be delegated to exercise powers necessary and
proper to carry out a declared national policy executive fiat
Section 24 All appropriation, revenue or tariff bills, bills authorizing
increase of the public debt, bills of local application, and private bills shall
originate exclusively in the House of Representatives, but the Senate maypropose or concur with amendments.
Bills that must originate from the house
Tariff or Revenue bills
Appropriations Bills authorizing increase of the public debt Bills of local application conversion of a municipality into a city Private bills
Section 25 (1) The Congress may not increase the appropriations
recommended by the President for the operation of the Government as
specified in the budget. The form, content and manner of preparation of the
budget shall be prescribed by law.
(2) No provision or enactment shall be embraced in the General
Appropriations Bill unless it relates specifically to some particular
appropriation therein. Any such provision or enactment shall be limited in
its operation to the appropriation to which it relates.
(3) The procedure in approving appropriations for the Congress shall
strictly follow the procedure for approving appropriations for other
departments and agencies.
(4) A Special Appropriations Bill shall specify the purpose for which it is
intended, and shall be supported by funds actually available as certified bythe National Treasurer, or to be raised by a corresponding revenue
proposal therein.
(5) No law shall be passed authorizing any transfer of appropriations;
however, the President, the President of the Senate, the Speaker of the
House of Representatives, the Chief Justice of the Supreme Court, and theHeads of Constitutional Commissions may, by law, be authorized to
augment any item in the General Appropriations Law for their respective
offices from savings in other items of their respective appropriations.
(6) Discretionary Funds appropriated for particular officials shall be
disbursed only for public purposes to be supported by appropriate vouchersand subject to such guidelines as may be prescribed by law.
(7) If, by the end of any fiscal year, the Congress shall have failed to pass
the General Appropriations Bill for the ensuing fiscal year, the General
Appropriations Law for the preceding fiscal year shall be deemed reenactedand shall remain in force and effect until the General Appropriations Bill ispassed by the Congress.
Preparation of general appropriations bill:
1. It must originate from the house of representatives2. The congress may not increase the appropriations recommended by the
president for the operation of the government as specified in the budget
The form, content, and manner of preparation of the budget shall beprescribed by law
Rule on Riders no provision or enactment shall be embraced in the general
appropriations bill unless it relates specifically to some particular appropriation
therein.
Guidelines for passing a bill in congress:
1
st
Reading: reverted to appropriate Committee to decide whether itshould prosper or not.
2nd Reading: reverted to the floor for debates on merits and demeritsplus amendments.
3rd Reading: reverted back to the floor for voting, no moreamendments shall be allowed.
o If from the House of Representatives, it is the sent to theSenate if approved, and in the Senate, it shall follow the
same three reading procedure.
Urgent bills are those certified by the President that a certain bill is necessary for
the nation
Urgent bills would disregard the necessity of three separate readingson three separate days.
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Section 26 (1) Every bill passed by the Congress shall embrace only one
subject which shall be expressed in the title thereof.
(2) No bill passed by either house shall become a law unless it has passed
three readings on separate days, and printed copies thereof in its final formhave been distributed to its members three days before its passage, except
when the President certifies to the necessity of its immediate enactment tomeet a public calamity of emergency. Upon the last reading of a bill, no
amendment thereto shall be allowed, and the vote thereon shall be take
immediately thereafter, and the yeas and nays entered in the journal.
Purpose of the rule
To prevent hodge-podge or log-rolling legislation To prevent surprise or fraud upon the legislation of provisional
interpretation which the title does not give information, overlooked by
the legislature, and unintentionally adopted
To fairly apprise the people through its publicationGuidelines for passing a bill in congress:
1st Reading: reverted to appropriate Committee to decide whether itshould prosper or not.
2nd Reading: reverted to the floor for debates on merits and demeritsplus amendments.
3rd Reading: reverted back to the floor for voting, no moreamendments shall be allowed.
o If from the House of Representatives, it is the sent to theSenate if approved, and in the Senate, it shall follow the
same three reading procedure.How must the rule be interpreted liberally the rule should be given a
practical rather than a technical construction. It should be sufficient compliance
with such requirement if the title expresses the general subject and all the
provisions of the statute are germane to that general subject
Bicameral conference committee It may deal generally with the subject matter
or it may be limited to resolving the precise differences between the two Houses.Normally, no new subject can be liberally inserted, but occasionally committees
produce unexpected results, and are symptomatic of the Authorization Power of the
Conference Committees
Section 27 (1) Every bill passed by the Congress shall, before it becomes a
law, be presented to the President. If he approves the same, he shall signit; otherwise, he shall veto it and return the same with his objections to the
House where it originated, which shall enter the objections at large in itsjournal and proceed to reconsider it. If, after such reconsideration, two-
thirds of all the members of such House shall agree to pass the bill, it shall
be sent, together with the objections, to the other house by which it shall
likewise be reconsidered, and if approved by two-thirds of all the members
of that House, it shall become a law. In all cases, the votes of each House
shall be determined by yeas or nays, and the names of the members voting
for or against shall be entered in its journal. The President shall
communicate his veto of any bill to the House where it originated withinthirty days after the date of receipt thereof; otherwise, it shall become a
law as if he had signed it.
(2) The President shall have the power to veto any particular item or items
in an appropriation, revenue or tariff bill, but the veto shall not affect the
item or items to which he does not object.
Steps needed before a bill finally becomes a law
1st it must be approved by congresso The legislative action required of congress is a positive act
2nd it must be approved by the presidento Approval by the president may be by positive act or by
inactiono The president shall communicate his veto of any bill to the
house where it originated within 30 days after the date of
receipt thereof; otherwise, it shall become law as if he hadsigned it
Yeas and nays
Upon the last and third reading of a bill At the request of one-fifth of the members present In re-passing a bill over the veto of the president
Bicameral system bills independently processed by both houses of congress not usually the final version approved by one house differs from what has been
approved by the other
Conference committee consisting of members nominated from both houses, is
an extra-constitutional creation of congress whose function is to purpose to
congress ways of reconciling conflicting provisions found in the senate version andin the house version of a bill
Amendments germane to the purpose of the bill could be introducedeve if these were not in either original bill
Item veto
GR: if the president disapproves a bill approved by congress vetothe entire bill
E: appropriation, revenue and tariff bills can veto separate partsItem is an indivisible sum of money dedicated to a stated purpose and not some
general provision of law which happens to be put into an appropriation bill
Doctrine of inappropriate provisions is that a provision that is constitutionallyinappropriate for an appropriation bill may be singled out for veto even if it is not an
appropriation or revenue item
In essence, the president may veto riders in an appropriation billExecutive impoundment refusal of the president to spend funds alreadyallocated by congress for a specific purpose
Section 28 (1) The rule of taxation shall be uniform and equitable. TheCongress shall evolve a progressive system of taxation.
(2)The Congress may, by law. Authorize the President to fix within
specified limits, and subject to such limitations and restrictions as it may
impose, tariff rates, import and export quotas, tonnage and wharf age dues,
and other duties or imposts within the framework of the National
Development Program of the Government.
(3) Charitable institutions, churches and parsonages or convents thereto,
mosques, non-profit cemeteries, and all lands, buildings, and
improvements actually, directly, and exclusively used for religious,
charitable, or educational purposes shall be exempt from taxation.
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(4) No law granting any tax exemption shall be passed without the
concurrence of a majority of all the members of the Congress.
Power to tax to raise revenue
Instrument of national economic and social policy Power to tax involves power to destroy Tool for regulation regulating property, the state can choose to
exercise its police power or its power to tax
Power to keep alive foundation for the imposition of tariffs designedfor the encouragement and protection of locally produced goods
against competition form imports
General limit on the power to tax implicit in the power is the limitation that itshould be exercised only for a public purpose
It must be uniform, equitable, progressive and only for public purposeo A tax is uniform, within the constitutional requirement, when
it operates with the same force and effect in every place
where the subject of it is found
Equitable to add nothing except by way ofemphasis
Uniformity of taxation:
The standards that are used therefore are substantial and not arbitrary The categorization is germane to achieve the legislative purpose The law applies all things being equal to both present and future
conditions
The classification applies equally well to all those belonging to thesame class
Progressive system of taxation when the rate increases as the tax base
increases
Exempted from taxation: - exempted from property tax
Charitable institutions Churches and parsonages or convents appurtenant thereto Mosques Non-profit cemeteries All lands, buildings and improvements actually, directly, and
exclusively used for religious, charitable or educational purposes
Section 29 (1) No money shall be paid out of the Treasury except in
pursuance of an appropriation made by law.
(2) No public money or property shall be appropriated, applied, paid, or
employed, directly or indirectly, for the use, benefit, or support of any sect,
church, denomination, sectarian institution, or system of religion, or any
priest, preacher, minister of other religious teacher or dignitary as such,
except when such priest, preacher, minister, or dignitary is assigned to theArmed Forces or to any penal institution, or government orphanage or
leprosarium.
(3) All money collected on any tax levied for a special purpose shall be
treated as a Special Fund and paid out for such purpose only. If the
purpose for which a Special Fund was created has been fulfilled or
abandoned, the balance, if any shall be transferred to the general funds of
the Government.
The congress has control of the expenditure of public funds Restriction on public funds:
Disbursements from the treasury can only be made by law No money shall be used for religious purposes, except for chaplains in
armed services or government institutions
Special funds may only be paid out for specific purposes and itsbalance after use is transferred to the general funds of thegovernment
Section 30 No law shall be passed increasing the appellate jurisdiction of
the Supreme Court as provided in this Constitution without its advice and
concurrence.
Section 31 No law granting a title of royalty or nobility shall be enacted.
Title of royalty or nobility sultan is not considered a title of royalty in the law
because it is not stated there
Section 32 The Congress shall, as early as possible, provide for a system ofinitiative and referendum, and the exceptions therefrom, whereby the
people can directly propose and enact laws or approve or reject any act orlaw or part thereof passed y the Congress or Local Legislative Body after
the registration of a petition therefore signed by at least ten per centum of
the total number of registered voters, of which every legislative district
must be represented by at least three per centum of the registered voters
thereof.
Initiative and referendum the people can legislate
Inherent powers of the government:
Power to tax Eminent domain
Police power
Article 7 The Executive DepartmentSection 1 The executive power shall be vested in the President of thePhilippines.
Section 2 No person may be elected President unless he is a natural-borncitizen of the Philippines, a registered voter, able to read and write, at least
forty years of age on the day of the election, and a resident of the
Philippines for at least ten years immediately preceding such election.
Constitutional powers of the president
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Power of control over all executive departments, bureaus, and offices Power to execute laws Appointing power Powers under the Commander-in-Chief clause Power to grant reprieves, commutations and pardons Power to grant amnesty with the concurrence of Congress Power to contact or guarantee foreign loans Power to enter into treaties or international agreements Power to submit the budget to Congress Power to address Congress
Qualifications of a president and vice-president:
Natural born citizen of the Philippines 40 years of age on the day of the election Registered voter Able to read and write Resident for at least 10 years immediately preceding the election
Executive power it is vested to the president both head of state and chief
executive
Duties of the head of state:
Long catalogue of public duties that the queen discharges in England The president of the republic of France Governor-General of Canada
Chief executive he is the chief executive and no one else
Executive of the government of the Philippines and no one elseDuties of the government:
To serve and protect the people Maintain peace and order Protect life, liberty and property Promote the general welfare
Executive privilege is the power of the president to withhold certain types of
information from the courts, the congress and ultimately the public
Information that is covered by the executive privilege
The types of information include those which are of a nature thatdisclosure would subvert military or diplomatic objectives
Information about the identity of persons who furnish information ofviolations of law
Information about internal deliberations comprising the process bywhich government decisions are reachedSection 2(a) of EO 464 privileges:
Conversations and correspondence between the president and thepublic official covered by this executive order
Military, diplomatic and other national security matters which in theinterest of national security should not be divulged
Information between inter-governmental agencies prior to theconclusion of treaties and executive agreements
Discussions in close-door cabinet meetings Matters affecting national security and public order
Presidential communication is presumptively privilege; but the presumption issubject to rebuttal who ever challenges it, must shoe good and valid reasons
related to the public welfare
Parliamentary rules are merely procedural and with their observance, the
courts have no concern
They may be waived or disregarded by the legislative body providedof course private rights are not violated
Presidential Immunity during tenure remains as part of the law
Disregarded was expansive notion of immunity in the Marcosconstitution
Section 3 There shall be a Vice-President who shall have the samequalifications and term of office and be elected with and in the same
manner as the President. He may be removed from office in the same
m1anner as the President.
The Vice-President may be appointed as a Member of the Cabinet. Such
appointment requires no confirmation.
Function of the vice-president his only constitutional function is to be on hand
to act as president when needed or to succeed to the presidency in case of a
permanent vacancy in the office
The president may also appoint him as a member of the cabinet does not need the consent of the commission on appointments
Section 4 The President and the Vice-President shall be elected by direct
vote of the people for a term of six years which shall begin at noon on the
thirtieth day of June next following the day of the election and shall end at
noon of the same date six years thereafter. The President shall not beeligible for any reelection. No person who has succeeded as President andhas served as such for more than four years shall be qualified for election
to the same office at any time.
No Vice-President shall serve for more than two successive terms.
Voluntary renunciation of the office for any length of time shall not be
considered as an interruption in the continuity of the service for the full
term for which he was elected.
Unless otherwise provided by law, the regular election for President andVice-President shall be held on the second Monday of May.
The returns of every election for President and Vice-President, duly
certified by the board of canvassers of each province or city, shall betransmitted to the Congress, directed to the President of the Senate. Upon
receipt of the certificates of canvass, the President of the Senate, shall notlater than thirty days after the days of the election open all the certificates
in the presence of the Senate and the House of Representatives in joint
public session, and the Congress, upon determination of the authenticity
and due execution thereof in the manner provided by law, canvass the
votes.
The person having the highest number of votes shall be proclaimed elected,
but in case two or more shall have an equal and highest number of votes,
one of them shall forthwith be chosen by the vote of a majority of all theMembers of both Houses of the Congress, voting separately.
The Congress shall promulgate its rules for the canvassing of the
certificates.
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The Supreme Court, sitting en banc, shall be the sole judge of all contests
relating to the election, returns, and qualifications of the President or Vice-
President, and may promulgate its rules for the purpose.
How are the president and vice-president elected by direct vote of thepeople
Congress proclaims the presidential and vice-presidential winners not thecomelec
Adjournment terminates legislation but not non-legislative functions of congress
Supreme court judge relating to the election, returns and qualifications of thepresident or vice-president
The supreme court and presidential electoral tribunal are one and thesame
Election protest only the registered candidate for president or vice-president of
the Philippines who may contest the election of the president or the vice-president,
as the case may be, by filing a verified petition with the clerk of the presidential
electoral tribunal within 30 days after the proclamation of the winner
Only the 2nd and 3rd placers may contest the electionTerms of the president and vice-president
6 years which begins at noon on the 13 th day of June next followingthe day of the election
it will end at noon of the same date 6 years thereafterSection 5 Before they enter on the execution of their office, the President,the Vice-President, the Vice-President, or the Acting President shall takethe following oath or affirmation:
I do solemnly swear (or affirm) that I will faithfully andconscientiously fulfill my duties as President (or Vice-President
or Acting President) of the Philippines, preserve and defend its
Constitution, execute its laws, do justice to every man, and
consecrate myself to the service of the Nation. So help me God.
(In case of affirmation, last sentence will be omitted.)
Obligations of the president sworn in the oath:
Fulfill his duties Preserve and defend the Constitution
Execute the laws Do justice to every man Consecrate himself to the service of the nation.
Section 6 The President shall have an official residence. The salaries of the
President and Vice-President shall be determined by law and shall not be
decreased during their tenure. No increase in said compensation shall take
effect until after the expiration of the term of the incumbent during which
such increase was approved. They shall not receive during their tenure any
other emolument from the Government or any other source.
Section 7 The President-elect and the Vice-President-elect shall assumeoffice at the beginning of their terms.
If the President-elect fails to qualify, the Vice-President-elect shall act as
President until the President-elect shall have qualified.
If a President shall not have been chosen, the Vice-President-elect shall act
as President until shall have been chosen and qualified.
If at the beginning of the tem of the President, the President-elect shallhave died or shall become permanently disabled, the Vice-President-elect
shall become President.
Where no President and Vice-President shall have been chosen as shall
have qualified, or where both shall have died or become permanentlydisabled, the President of the Senate or, in case of his inability, the Speaker
of the House of Representatives shall act as President until a President or a
Vice-President shall have been chosen and qualified.
The Congress shall, by law, provide for the manner in which one who is to
act as President shall be selected until a President or a Vice-President shall
have qualified, in case of death, permanent disability, or inability of the
officials mentioned in the next preceding paragraph.
Situations of vacancy:
The vice-president becomes acting president until a president qualifieso 1st when a president has been chosen but he fails to qualify at
the beginning of his termo 2nd when no president has yet been chosen at the time he is
supposed to assume office
the vice-president-elect becomes presidento 3rd when the president-elect dies or is permanently
incapacitated before the beginning of his term
the senate president or the speaker (in that order) acts as a presidentor vice-president
o 4th when both the president and vice-president have not beenchosen or have failed to qualify
o 5th when both shall have died or become permanentlyincapacitated at the start of their term
Congress will decide by law who will act as president until a presidentor vice-president shall have been elected and qualified
oWhen the senate president or the speaker shall have died orare unable to assume office
Section 8 In case of death, permanent disability, removal from office, or
resignation of the President, the Vice-President shall become the President
to serve the unexpired term. In case of death, permanent disability,
removal from office, or resignation of both the President and Vice-
President, the President of the Senate or, in case of his inability, the
Speaker of the House of Representatives, shall then act as President until
the President or Vice-President shall have been elected and qualified.
The Congress shall, by law, provide who shall serve as President in case of
death, permanent disability, or resignation of the Acting President. He shall
serve until the President or the Vice-President shall have been elected and
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qualified, and be subject to the same restrictions of powers and
disqualifications as the Acting President.
Situations of vacancy:
The vice-president becomes the presidento 1st when the incumbent president dies or is permanently
disabled, removed or resigns
The senate president or the speaker shall act as president or vice-president until a president or vice-president shall have been elected
and qualifiedo 2nd when both president and the vice-president die or are
permanently disabled, are removed or resign
the congress will determine by law who will act as president until anew president or vice-president shall have qualified
o 3rd when the acting president dies or permanentlyincapacitated, is removed or resigns
Section 9 Whenever there is a vacancy in the Office of the Vice-President
during the term for which he was elected, the President shall nominate aVice-President from among the Members of the Senate and the House of
Representatives who shall assume office upon confirmation by a majority
vote of all the Members of both Houses of the Congress, voting separately.
The president shall nominate a vice-president From among the members of the senate and the house of
representatives
o Majority vote of all the members of the houses votingseparately
Section 10 The Congress shall, at ten oclock in the morning of the third day
after the vacancy in offices of the President and Vice-President occurs,
convene in accordance with its rules without need of a call and within
seven days enact a law calling for a special election to elect a President anda Vice-President to be held not earlier than forty-five days nor sixty days
from the time of such call. The bill calling such special election shall be
deemed certified under paragraph 2, Section 26, Article of this Constitution
and shall become law upon its approval on third reading by the Congress.
Appropriations for the special application shall be charged against anycurrent appropriations and shall be exempt from the requirements of
paragraph 4, Section 25, Article 6 of this Constitution. The convening of theCongress cannot be suspended not the special election postponed. No
special election shall be called if the vacancy occurs within eighteen
months before the date of the next presidential election.
Guidelines for special elections of in case of a vacancy in the offices of the
president or vice-president:
Congress must convene at 10am, three days after the vacancy occurs Within 7 days, they must enact a law for special elections Elections must be held from 45 to 60 days from the enactment of the
law
Characteristics of this special election:
It doesnt need Presidential approval, because there is no Presidentanyway
The expenses will be charged against current appropriations The convening of Congress cannot be postponed The special elections cannot be postponed, as well Elections will not be held if the vacancy occurs within 18 months of the
next regular elections
Section 11 Whenever the President transmits to the President of the
Senate and Speaker of the House of Representative his written declarationthat he is unable to discharge the powers and duties of his office, and until
he transmits to them a written declaration to the contrary, such powers
and duties shall be discharged by the Vice-President as Acting President.
Whenever a majority of all the Members of the Cabinet transmit to the
President of the Senate and to the Speaker of the House of Representatives
their written declaration that the President is unable to discharge the
powers and duties of his office, the Vice-President shall immediately
assume the powers and duties of the office as Acting President.
Thereafter, when the President transmits to the President of the Senate
and to Speaker of the House of Representatives his written declaration that
no inability exists, he shall reassume the powers and duties of his office.
Meanwhile, should a majority of all the Members of the Cabinet transmitwithin five days to the President of the Senate and to the Speaker of theHouse of Representatives their written declaration that the President is
unable to discharge the powers and duties of his office. For that purpose,the congress shall convene, if it is not in session, within forty-eight hours,
in accordance with its rules and without need of call.
If the congress, within ten days after receipt of the last written declaration,
or, if not in session, within twelve days after it is required to assemble,
determines by a two-thirds vote of both houses, voting separately, that thepresident is unable to discharge the powers and duties of his office, the
Vice-President shall continue exercising the powers and duties of his office.
Procedures with regard to the disability of the president:
The President personally informs the heads of both Houses of Congressof his