constitutional law 1 pointers

7/31/2019 Constitutional Law 1 Pointers

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1. WHAT COMPRISES NATIONAL TERRITORY?

CODE: A O T I

1. The PHILIPPINE ARCHIPELAGO the body of waterstudded with islands which is delineated in the Treaty of Paris, as amended by the Treaty of Washington and the

Treaty with Great Britain.

2. All OTHER TERRITORIES over which the Philippines hassovereignty or jurisdiction.

INCLUDES ANY TERRITORY:1. presently belonging, or2. those that might in the future belong to thePhilippines through any of the accepted internationalmodes of acquiring territory

3. TERRITORIAL SEA , the seabed, the subsoil, theinsular shelves, and other submarine areas in thePhilippinearchipelago and all other territories, correspondingto (1) and (2) above.

4. INTERNAL WATERS Waters around, between, andconnectingthe islands of the archipelago, regardless of theirbreadth and dimensions.

NOTE: The Philippine archipelago (1) and oall other territories (2)consist of the following domains: Terrestrial (land),Fluvial (waters), and Aerial (air)

2. WHAT IS THE ARCHIPELAGIC DOCTRINE?

An Archipelago is a cluster of islands. Archipelagic doctrineprevents these islands from being cut off from the mother nationbecause of their location in "international waters."

By this doctrine, it means that a group of islands shall beconsidered as a national unit. The waters around, between, andconnecting every island on the group regardless of their size anddimensions will be treated as part of the INTERNAL WATERS .

It should be the basis in delineating such boundary.According to this doctrine, the basis of the boundaries of thearchipelago should be the straight line connected by points in theouter islands or periphery of the archipelago ( STRAIGHTBASELINE METHOD ).

3. WHAT ARE THE ELEMENTS OF THE STATE?

CODE: GSPoT

1. GOVERNMENT Institution organized and run to managethe affairs of the State.

2. SOVEREIGNTY Power of the State to regulate matterswithin its own territory.

3. POPULATION (PEOPLE) Group of persons sufficientlynumerous held together by a common bond.

4.TERRITORY A definite area over which the State exercisessovereign jurisdiction.

4. STATE IMMUNITY FROM SUIT: WHAT IS THE GENERALRULE?EXCEPTION?

The general rule is that the State cannot be sued without itsconsent because there is no legal right against the authoritywhich makes the law on which the right depends.

EXCEPTIONS:

1. EXPRESS Consent - The law expressly grants theauthority to sue the State of any of its agencies;

2. IMPLIED Consent When the State (through its properofficer, within the scope of his authority) enters into aPRIVATE contract; EXCEPT when the contract is merely incidental to the performance of a governmental function ;

3. A suit against an incorporated government agencyperforming proprietary business operations;

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4. The State commences a suit against a private party.

5. POLITICAL QUESTION VS. JUSTICIABLE ISSUE:

A justiciable question is one that can be decided by courts likeissues arising out of obligations and contracts, and violations of laws, etc. The courts have jurisdiction over these things, meaningthey can hold a trial and issue judgments. (INVOLVES QUESTIONOF LAW)

Political questions , on the other hand, are beyond the reachand jurisdiction of courts and are better decided by the peopleusing their sovereign rights and discretion. (INVOLVES WISDOMOF LAW)

EXAMPLES:

A classic example is who should win in an election? The courtscannot dictate who is the better candidate, as this is a politicalquestion that only the people can decide. But if there is cheatingduring the election, the court can decide whether there wascheating or not because there are laws that determine it, hence,this is a justiciable issue.

Another example would be: Is it right for the US to invade Iraq? This is a political question because only the people, through theiropinion and behavior during elections, can rightly answer thisquestion. But when a soldier commits a crime while in Iraq, this isa justiciable issue which can be decided by courts because,again, there are laws governing crimes.

6. WHO ARE CITIZENS OF THE PHILIPPINES?

1) Those who are CITIZENS of the Philippines at the time of theADOPTION of the 1987 Constitution;

2) Those whose FATHERS and MOTHERS are citizens of thePhilippines;

3) Those born BEFORE January 17, 1973 of Filipino MOTHERSwho ELECT Philippine citizenship upon reaching the age of majority;

4) Those who are NATURALIZED in accordance with law.

WHO ARE NATURAL BORN CITIZENS?

Citizens of the Philippines from birth who DO NOT NEED toperform ANY ACT to acquire of perfect their Philippine citizenship.

WHO IS A NATURALIZED CITIZEN?

One who, being born an alien, has lawfully become a citizen of thePhilippines.

WHAT ARE THE MODES OF ACQUIRING CITIZENSHIP?

1) JUS SOLI acquisition of citizenship on the basis of PLACE OFBIRTH;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 privilege of a native-born citizen.

7. PURPOSE OF SEPARATION OF POWERS:

To prevent a concentration of authority in one person orgroup of persons that might lead to an irreversible error orabuse in its exercise to the detriment of our republicaninstitution

8. GENERAL RULE IN DELEGATION OF POWERS:

The rule is POTESTAS DELEGATA NON DELEGARI POTEST whathas been delegated cannot be delegated.

It is based upon the ethical principle that such delegated powerconstitutes not only a right but a duty to be performed by thedelegate through the instrumentality of his own judgment andnot through the intervening mind of another.

EXCEPTIONS:

Delegation of legislative powers is permitted in the followingcases:1) Tariff powers to the PRESIDENT;2) Emergency powers to the President;3) Delegation to the people at large;

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4) Delegation to local governments;5) Delegation to administrative bodies

9. Article II, Section 10: SOCIAL JUSTICE:

SOCIAL JUSTICE The welfare of the people is the supreme law.It is not about equality but protection to give those with less

privilege in life more privileges in law.

10.What is JUDICIAL REVIEW and JUDICIAL POWER, are theythe SAME?

NO, they are not. JUDICIAL REVIEW is the power of the SC todeclare a law, treaty, ordinance , etc. UNCONSTITUTIONAL,while on the other hand, JUDICIAL POWER is the authority tosettle JUSTICIABLE controversies or disputes involving rights thatare enforceable and demandable before the courts of justice orthe redress of wrongs for violations of such rights.

11.ARTICLE VI, SEC. 26 (2) - (2) No bill passed by either House shallbecome a law unless it has passed three readings on separate days,and printed copies thereof in its final form have been distributed to itsMembers three days before its passage, except when the Presidentcertifies to the necessity of its immediate enactment to meet a publiccalamity or emergency. Upon the last reading of a bill, no amendmentthereto shall be allowed, and the vote thereon shall be takenimmediately thereafter, and the yeas and nays entered in the Journal.

Bills passed by either House must pass (three) 3 readings onseparate days, and printed copies thereof in its final formdistributed to its members 3 days before its passage.

1) 1ST

READING Only the TITLE is read; the bill is passed to theproper committee;2) 2 nd READING Entire text is read and debates are held;

amendments introduced;3) 3 rd READING Only the title is read, no amendments allowed.

Vote shall be taken immediately thereafter and the yeas andnays entered in the journal.

EXCEPTION When the President certifies to the necessity of thebills immediate enactment to meet a PUBLIC CALAMITY orEMERGENCY, the THREE (3) READINGS can be held on the SAMEDAY.

12.POWER OF LEGISLATIVE INVESTIGATION - The Senate or theHouse of Representatives or any of its respective committeesmay conduct inquiries IN AID OF LEGISLATION in accordance withits duly published rules of procedure. The rights of personsappearing in or affected by such inquiries shall be respected.

The inquiry, to be within the jurisdiction of the legislative body

making it, must be material or necessary to the exercise of apower in it vested by the Constitution, such as to legislateor to expel a member.

13.POWERS OF THE SENATE / HOUSE OF REPRESENTATIVE:

CLASSIFICATION OF LEGISLATIVE POWER:1) CONSTITUENT The power to amend or revise the

Constitution;2) ORDINARY The power to pass ordinary laws;

3) ORIGINAL Possessed by the people in their sovereigncapacity, exercised via INITIATIVE and REFERENDUM;

4) DELEGATED Possessed by Congress and other legislativebodies by virtue of the Constitution.

14) POWERS OF THE PRESIDENT The Presidents Executivepowers are not limited to those set forth in the Constitution. ThePresident has RESIDUAL POWERS (Inherent powers of thePresident) as the Chief Executive, which powers include othersnot set forth in the Constitution. (Ex. Immunity from suit andcriminal prosecution while he is in office).

1) POWER TO APPOINT Executive in nature; while Congress mayprescribe the qualifications for particular offices, the

determination of who among those who are qualified will beappointed is the Presidents prerogative.

2) POWER OF CONTROL The power to alter, modify, or set asidewhat a subordinate officer has done in the performance of hisduties, and to substitute the judgment of the officer for that of his subordinate.

3) DISCIPLINARY POWER The power of the President to disciplineofficers flows from the power to appoint the officer and NOT fromthe power to control.

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4) POWER OF SUPERVISION The power to ensure that the laws arefaithfully executed by subordinates.

NOTE : The Power of Supervision DOES NOT INCLUDE the Powerof Control , but the Power of Control necessarily INCLUDES thePower of Supervision .

5) COMMANDER-IN-CHIEF POWERS As Commander-In-Chief of theArmed Forces, whenever necessary, the President may call outthe Armed Forces to:1) PREVENT or SUPPRESS

1) Lawless violence;2) Invasion;3) Rebellion.

2) He may also:1) Suspend the privilege of the writ of habeas corpus;2) Proclaim a state of martial law.

6) POWER TO GRANT EXECUTIVE CLEMENCY includes casesinvolving administrative penalties. Where a conditional pardon isgranted, the determination of whether it has been violated restswith the President.

1) COMMUTATIONS lessening of penalty2) REPRIEVES temporary postponement of penalty3) PARDONS (conditional or plenary) - forgiveness of a crime

and the penalty associated with it.4) REMITTANCE of fines and forfeitures

7) POWER TO ENTER INTO FOREIGN RELATIONS includes

treaties, international agreements, power to appointambassadors and other public ministers and consuls, power toreceive ambassadors accredited to the Philippines, power tocontract or guarantee foreign loans in behalf of the Republic,power to deport aliens, etc.

15) EXECUTIVE PRIVILEGE is the Presidents constitutionalauthority to prevent any member of the Armed Forces fromtestifying before a legislative inquiry by virtue of his power ascommander-in-chief, and that as a consequence, a militaryofficer who defies such injunction is liable under military justice.

The only way to circumvent this is by JUDICIAL ORDER becausethe President may be commanded by judicial order to compel theattendance of the military officer. Final judicial orders have theforce of the law of the land which the President has the duty tofaithfully execute.

16) WHAT DO YOU UNDERSTAND BY A LEGISLATORS

PRIVILIGE OF IMMUNITY FROM ARREST?

Legislators are privileged from arrest while Congress is INSESSION ONLY (whether regular or special) with respect tooffenses punishable by not more that 6 years of imprisonment.

The immunity does not extend to prosecution of criminaloffenses.

17) WHAT IS THE ENROLLED BILL DOCTRINE?

The signing of a bill by the Speaker of the House and thePresident of the senate and its certification by the secretaries of

both Houses of Congress that such bill was passed are conclusiveof its due enactment. ( Arroyo v. De Venecia, G.R. No. 127255, August 14, 1997 )

ENROLLED BILL The official copy of approved legislation andbears the certifications of the presiding officers of each House.

Thus, where the certifications are valid and are not withdrawn,the contents of the enrolled bill are conclusive upon the courts asregards the provision of that particular bill.

18) WHAT ARE THE BILLS THAT ORIGINATE FROM THEHOUSE OF REPRESENTATIVES, IF ANY?

CODE: PuLP ART1) Bills authorizing the increase of PuBLIC DEBT2) Bills of LOCAL APPLICATION3) PRIVATE Bills4) APPROPRIATION Bills5) REVENUE Bills6) TARIFF Bills

19) WHAT DO YOU UNDERSTAND BY THE POWER OF THEPURSE? THE POWER OF THE SWORD?

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The POWER OF THE PURSE refers to the constitutional powergiven Congress to raise and spend money. No money shall bepaid out of the Treasury except in pursuance of an appropriationmade by law.

The POWER OF THE SWORD refers to the constitutional powergiven the Executive Department to implement its Police Power.

20) WHAT IS THE PROCEDURE TO FILL UP VACANCY IN THEOFFICE OF THE PRESIDENT?

1) Congress shall convene 3 DAYS after the vacancy in theoffices of both the President and the VP, without need of a call.

The convening of Congress cannot be suspended.

2) Within 7 DAYS after convening, Congress shall enact a lawcalling for a special election to elect a president and a VP. Thespecial election cannot be postponed.

3) The requirement of 3 READINGS on SEPARATE DAYS underSec. 26(2), Art. VI shall not apply to a bill calling for a specialelection. The law shall be deemed enacted upon its approval on3 RD READING.4) The special election shall be held within 45-60 DAYS from thetime of the enactment of the law.

EXCEPTION: No special election shall be called if thevacancy occurs within 18 months before the date of thenext Presidential Election.

21) BASIS OF THE POWER OF THE PRESIDENT?

The basis of the power of the President is expressed in Art. 7,Sec. 1 of the 1987 Constitution which says that, The executivepower shall be vested in the President of the Philippines.

22) WHAT IS THE DOCTRINE OF QUALIFED POLITICALAGENCY? EXCEPTIONS, IF ANY?

Under this doctrine, which recognizes the establishment of asingle executive, all executive and administrative organizationsare adjuncts of the Executive Department, the heads of thevarious executive departments are assistants and agents of the

Chief Executive. The multifarious executive and administrativefunctions of the Chief Executive are performed by and throughthe executive departments, and the acts of the Secretaries of such departments, performed and promulgated in the regularcourse of business, are, unless disapproved or reprobated by theChief Executive, presumptively the acts of the Chief Executive

EXCEPTION:In cases where the Chief Executive is required by theConstitution or law to act in person or the exigencies of thesituation demand that he act personally.

23) WHAT IS THE PRINCIPLE OF TRANSFORMATION OFINTERNATIONAL LAW?

DOCTRINE OF TRANSFORMATION states that the generallyaccepted rules of international law are not right away bindingupon the State. It must first be embodied in legislation enactedby the lawmaking body to transform it into municipal law. Only

when so transformed will it become binding upon the State aspart of its municipal law.

24) DIFFERENTIATE AMNESTY AND PARDON:

AMNESTY is an act of grace concurred by Congress, usuallyextended to groups of persons who commit political offenses,which puts into oblivion the offense itself. The President aloneCANNOT grant amnesty for it needs the concurrence by amajority of all the members of Congress.

PARDON is an act of grace proceeding from the power

entrusted with the execution of the laws which exempts theindividual on whom it is bestowed from the punishment the lawinflicts fro the crime he has committed.

AMNESTY AND PARDON DISTINGUISHED:

1) PARDON includes any crime and is exercised individually bythe President; AMNESTY is a blanket pardon to classes of personsor communities who may be guilty of political offenses.

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2) PARDON is exercised when the person is already convicted;AMNESTY may be exercised even before trial or investigation ishad.

3) PARDON looks forward and relieves the offender from theconsequences of an offense of which he has been convicted, thatis, it abolishes or forgives the punishment, and for that reason it

does not work the restoration of the rights to hold public officeor the right to suffrage, unless such rights be expressly restoredby the terms of the pardon. On the other hand, AMNESTY looksbackward and abolishes and puts into oblivion the offense itself;it so overlooks and obliterates the offense with which he ischarged that the person released by amnesty stands before thelaw precisely as though he had committed no offense.

PARDON does not alter the fact that the accused is a recidivist,because it produces the extinction only of the personal effects of the penalty. AMNESTY makes an ex-convict no longer a recidivistbecause it obliterates the last vestige of the crime.

4) Both do not extinguish civil liability of the offender.

5) PARDON, being a private act of the President, must bepleaded and proved by the person pardoned; while AMNESTYbeing by Proclamation of the Chief Executive with theconcurrence of Congress, is a public act of which the courtsshould take judicial notice.

25.WHAT IS FISCAL AUTONOMY?

FISCAL AUTONOMY shall mean independence or freedom

regarding financial matters from outside control and ischaracterized by self direction or self determination. It does notmean mere automatic and regular release of approvedappropriations to agencies vested with such power in a very realsense, the fiscal autonomy contemplated in the constitution isenjoyed even before and, with more reasons, after the release of the appropriations. Fiscal autonomy encompasses, amongothers, budget preparation and implementation, flexibility in fundutilization of approved appropriations, use of savings anddisposition of receipts.

(Defined by: Constitutional Fiscal Autonomy Group (CFAG),Comm. On Human Rights Employees Association v. Comm. OnHuman Rights, G.R. No. 155336 July 21, 2006)

26) WHAT ARE THE CASES REQUIRED TO BE HEARD ENBANC BY THE SUPREME COURT?

1) All cases involving constitutionali ty of a:CODE: L I T1) LAW2) INTERNATIONAL or Executive Agreement3) TREATY

2) All cases involving the constitutionality, application, oroperation of:

CODE: P O P O R I1) PRESIDENTIAL DECREES2) ORDERS3) PROCLAMATIONS

4) ORDINANCES5) other REGULATIONS6) Instructions

3) All cases required to be heard en banc under the RULES OFCOURT.

4) Appeals from the Sandiganbayan and from the ConstitutionalCommissions.

5) Cases heard by a division where required majority of 3 wasnot obtained.

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

7) Administrative cases to discipline or dismiss judges of lowercourts.

8) Election contests for President and VP.

27) WHAT ARE THE POWERS OF THE SUPREME COURT?

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1) JURISDICTION2) Temporarily assign lower court judges to other stations in thepublic interest

Temporary assignment - shall not exceed 6 MONTHS w/o consentof the judge concerned.3) Promulgate rules concerning:

1) the protection and enforcement of constitutional rights

2) pleading, practice and procedure in all courts3) admission to the practice of law4) the integrated bar5) legal assistance to the underprivileged

28) WHAT ARE THE SAFEGUARDS TO GUARANTEE THEINDEPENDENCE OF THE CONSTITUTIONAL COMMISSIONS?

1) Being constitutionally created, they may NOT be abolished bylaw;2) Each is expressly described as INDEPENDENT;3) Each is conferred certain powers and functions by the

Constitution which cannot bereduced by statute;4) The Chairmen and members cannot be removed, except byimpeachment;5) The Chairmen and members are given a fairly long term of office of 7 YEARS;6) The Chairmen and members may not be re-appointed orappointed in an acting capacity;7) Salaries of the Chairmen and members are relatively highand may not be decreased during continuance in office;8) The Commissions enjoy FISCAL AUTONOMY (Sec. 5, Art. IXA);9) Each Commission en banc may promulgate its own

procedural rules, provided they do not diminish, increase ormodify substantive rights (Sec. 6, Art. IXA);10)The Chairmen and member are subject to certaindisqualifications calculated to strengthen their integrity;11)The Commissions may appoint their own officials andemployees in accordance with Civil Service Law.

29) WHAT DO YOU UNDERSTAND BY A COLLEGIATE BODY?

Body of EQUALS (group of colleagues). As COLLEGIAL BODIES,each commission must act as one, and no one member candecide a case for the entire commission.

E.g. The Chairman cannot ratify a decision that would otherwisehave been void.

30) WHAT DO YOU UNDERSTAND BY SECURITY OFTENURE?

1) Officers or employees of the Civil Service cannot be removed

or suspendedEXCEPT for cause provided by law. It guarantees bothprocedural and substantive due process.

2) LEGAL CAUSE1) Related to and affects the administration of office;2) Must be substantial (directly affects the fights and

interests of the public);3) Security of tenure for NON-COMPETITIVE positions:

1) Primarily confidential officers and employees holdoffice only for so long as confidence in them remains;

2) If there is genuine loss of confidence, there is no

removal, but merely the EXPIRATION OF THE TERM of office;3) Non-career service officers and employees do not

enjoy security of tenure;4) Political appointees in the Foreign Service possess

tenure co-terminus with that of the appointingauthority, or subject to his pleasure;4) One must be VALIDLY APPOINTED to enjoy security of tenure.

Thus, one who is not appointed by the proper appointingauthority does not acquire security of tenure.

31) DISTINGUISH ADDITIONAL COMPENSATION, DOUBLE

COMPENSATION, AND INDIRECT COMPENSATION:

Additional compensation is an extra reward given for the sameoffice. Double compensation occurs when an officer is given 2sets of compensation for 2 different offices held concurrently bythe same officer. Indirect compensation ____________________.

32) WHO MAY BE IMPEACHED? WHO CAN IMPEACH?

The 1987 Philippine Constitution says the grounds forimpeachment include culpable violation of the Constitution,bribery, graft and corruption, and betrayal of public trust. These

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offenses are considered "high crimes and misdemeanors" underthe Philippine Constitution.

IMPEACHABLE OFFICIALS UNDER THE CONSTITUTION:1) The President;2) Vice President;3) Supreme Court justices;

4) members of the Constitutional Commissions;and;5) Ombudsman.

Under Sections 2 and 3, Article XI, Constitution of thePhilippines, the House of Representatives of the Philippines hasthe exclusive power to initiate all cases of impeachment againstthe President, Vice President, members of the Supreme Court,members of the Constitutional Commissions (Commission onElections, Civil Service Commission, Commission on Audit), andthe Ombudsman. When a third of its membership has endorsedthe impeachment articles, it is then transmitted to the Senate of

the Philippines which tries and decide, as impeachment tribunal,the impeachment case.

In the Senate, selected members of the House of Representatives act as the prosecutors and the Senators act as

judges with the Senate President and Chief Justice of theSupreme Court jointly presiding over the proceedings.

To convict the official in question requires that a minimum of 2/3 (i.e., 16 of 24 members) of all the Members of the Senatevote in favor of conviction.

33) WHAT ARE THE GROUNDS FOR IMPEACHMENT?

1) culpable violation of the Constitution;2) treason;3) bribery;4) graft and corruption;5) other high crimes or betrayal of public trust.

34) WHAT IS THE DIFFERENCE BETWEEN AMENDMENT ANDREVISION OR ARE THESE THE SAME?

Amendment is an alteration of one or a few specific provisions of the Constitution. Its main purpose is to improve specificprovisions of the Constitution. The changes brought about byamendments will not affect the other provisions of theConstitution.Revision, on the other hand, is an examination of the entireConstitution to determine how and to what extent it should be

altered. A revision implies substantive change, affecting theConstitution as a whole.

35.) WHAT ARE THE MODES OF AMENDING THECONSTITUTION?WHAT ARE THE MODES OF REVISING THECONSTITUTION?

The modes for amending the Constitution are (1) by Congress,acting as a Constituent Assembly, by a vote of all its members,(2) by Constitutional Convention, which may be called byCongress by a 2/3 vote of all its members or may be submitted tothe electorate by a majority vote of all the members of Congress,

and (3) by peoples initiative, which must be signed by at least12% of all registered voters, with every legislative districtrepresented by at least 3% of the registered voters therein.

The modes for revising the Constitution are (1) by Congress,upon a vote of of its members and (2) by a ConstitutionalConvention.

36.) CONSTITUTION, ARTICLE XII, SECTION 2. WHAT IS THEREGALIAN DOCTRINE? IMPERIUM? DOMINION?

Section 2, Article XII of the 1987 Constitution:All lands of public domain, waters, minerals, coal, petroleum,

and other mineral oils, all forces of potential energy, fisheries,forests or timber, wildlife, flora and fauna, and other naturalresources are owned by the State. With the exception of agricultural lands, all other natural resources shall not bealienated. The exploration, development, and utilization of natural resources shall be under the full control and supervisionof the State. The State may directly undertake such activities, orit may enter into co-production, joint venture, or production-sharing agreements with Filipino citizens, or corporations orassociations at least sixty per centum of whose capital is ownedby such citizens. Such agreements may be for a period notexceeding twenty-five years, renewable for not more than

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twenty-five years, and under such terms and conditions as maybe provided by law. In cases of water rights for irrigation, watersupply, fisheries, or industrial uses other than the developmentof water power, beneficial use may be the measure and limit of the grant.

The State shall protect the nations marine wealth in itsarchipelagic waters, territorial sea, and exclusive economic zone,

and reserve its use and enjoyment exclusively to Filipino citizens. The congress may, by law, allow small-scale utilization of naturalresources by Filipino citizens, as well as cooperative fish farming,with priority to subsistence fishermen and fishworkers in rivers,lakes, bays, and lagoons.

The President may enter into agreements with foreign-ownedcorporations involving either technical or financial assistance forlarge-scale exploration, development, and utilization of minerals,petroleum, and other mineral oils according to the general termsand conditions provided by law, based on real contributions tothe economic growth and general welfare of the country. In suchagreements, the State shall promote the development and use of

local scientific and technical resources. The President shall notify the Congress of every contract enteredinto in accordance with this provision, within thirty days from itsexecution.

The regalian doctrine states that all natural resources cannot bealienated, with the exception of agricultural lands.Imperium is the government authority possessed by the State,which is appropriately embraced in sovereignty.Dominium is the capacity of the State to own and acquireproperty. It refers to lands held by the government in aproprietary character.

37.) WHAT IS LAND OF THE PUBLIC DOMAIN? CAN THESE BELEASED? CAN THESE BE ALIENATED?

Section 3, Article XII of the 1987 Constitution:Lands of the public domain are classified into agricultural,forest/timber, mineral lands and national lands. Agricultural landsof the public domain may be further classified by law accordingto the uses to which they may be devoted. Alienable lands of thepublic domain shall be limited to agricultural lands. Privatecorporations or associations may not hold such alienable lands of the public domain except by lease, for period not exceedingtwenty-five years, and not to exceed one thousand hectares in

area. Citizens of the Philippines may lease not more than fivehundred hectares, or acquire more than twelve hectares thereof by purchase, homestead, or grant.

Taking into account the requirements of conservation, ecology,and development, and subject to the requirements of agrarianreform, the Congress shall determine, by law, the size of lands of the public domain which may be acquired, developed, held, or

leased and the conditions therefor.38.) WHO CAN OWN REAL PROPERTY?

As a general rule, private lands can only be conveyed to (1)Filipino citizens and (2) corporations or associations incorporatedhi9n the Philippines, at least 60% of whose capital is owned byFilipino citizens.

39.) CONSTITUTION, ARTICLEXII, SECTION 19.

Section 19, Article XII of the 1987 Constitution:

The State shall regulate or prohibit monopolies when the publicinterest so requires. No combinations in restraint of trade orunfair competition shall be allowed.

40.) CONSTITUTION, ARTICLE XIV, SECTION 5. WHAT ISACADEMIC FREEDOM?

Section 5, Article XIV of the 1987 Constitution:The State shall assign the highest budgetary priority toeducation and ensure that teaching will attract and retain itsrightful share of the best available talents through adequateremuneration and other means of job satisfaction and

fulfillment.Academic freedom is (1) the freedom of schools to determinewho may teach, what may be taught, how it shall be taught, andwho may be admitted to study, (2) the freedom of facultymembers in research and in the publication of the results,subject to the adequate performance of their other academicduties, in the classroom in discussing their subjects, but theyshould be careful not to introduce into their teachingcontroversial matter which has no relation to their subjects, andin speaking or writing in their capacity as citizens, whichconstitutes freedom from institutional censorship or discipline,

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and (3) the freedom of students to enjoy in school theguarantees of the Bill of Rights.

41.) CAN THE GOVERNMENT REGULATE THE SIZE OF ONESFAMILY? BASIS OF ANSWER.

Section 1, Article XV of the 1987 Constitution:

The State recognizes the Filipino family as the foundation of thenation. Accordingly, it shall strengthen its solidarity and activelypromote its total development.

42.) CONSTITUION, ARTICLE XVI, SECTION 1.

Section 1, Article XVI of the 1987 Constitution:The flag of the Philippines shall be red, white, and blue, with asun and three stars, as consecrated and honored by the peopleand recognized by law.

43.) DISTINGUISH BETWEEN CONSTITUENT POWER AND

LEGISLATIVE POWER.

Constituent power is the power to formulate a Constitution or topropose amendments to or revision of the Constitution and toratify such proposal. It is exercised by Congress (by specialconstitutional conferment), by a Constitutional Convention orCommission, by the people through initiative and referendum,and, ultimately, by the sovereign electorate. It does not need theapproval of the Chief Executive.Legislative power, on the other hand, is the power to pass, repealor amend ordinary laws or statutes. It is an ordinary power of Congress and of the people, also through initiative and

referendum. It needs the approval of the Chief Executive, exceptwhen done by the people through initiative and referendum.

44.) DOES THE CONSTITUTION RECOGNIZE CIVILIANSUPREMACY?Section 3, Article II of the 1987 Constitution:Civilian authority is, at all times, supreme over the military. TheArmed Forces of the Philippines is the protector of the people andthe State. Its goal is to secure the sovereignty of the State andthe integrity of the national territory.

45.) CONSTITUTION, ARTICLE VII, SECTION 13.

Section 13, Article VII of the 1987 Constitution:The President, Vice-President, the Members of the Cabinet, andtheir deputies or assistants shall not, unless otherwise providedin this Constitution, hold any other office or employment duringtheir tenure. They shall not, during said tenure, directly orindirectly, practice any other profession, participate in any

business, or be financially interested in any contract with, or inany franchise, or special privilege granted by the Government orany subdivision, agency or instrumentality thereof, includinggovernment-owned or controlled corporations or theirsubsidiaries. They shall strictly avoid conflict of interest in theconduct of their office.

The spouse and relatives by consanguinity or affinity within thefourth civil degree of the President shall not during his tenure beappointed as Members of the Constitutional Commissions, theOffice of the Ombudsman, or as Secretaries, Undersecretaries,chairmen or heads of bureaus or offices, including government-owned or controlled corporations and their subsidiaries.

46.) DO SENATORS ENJOY IMMUNITY FROM SUIT?MEMBERSOF THE HOUSE OF REPRESENTATIVES? THE PRESIDENT?

Legislators are privileged from arrest while Congress is in sessiononly with respect to offenses punishable by not more than 6years of imprisonment. The immunity, however, does not extendto the prosecution of criminal offenses.On the other hand, the Presidents immunity from suit is personaland may be invoked by him alone. The President may, however,waive the immunity impliedly, as when he himself files suit.

47.) DISTINGUISH BETWEEN THE POWER TO CONTROL ANDTHE POWER TO DISCIPLINE.

The power to control is the power of an officer to alter, modify, orset aside what a subordinate officer has done in the performanceof his duties, and to substitute the judgment of the officer forthat of his subordinate.

The power to discipline, on the other hand, is the power of thePresident to discipline officers, which flows from the power toappoint the officer and not from the power to control.

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48.) WHAT EXECUTIVE ACTIONS NEED CONCURRENCE BY CONGRESS? BY THE SENATE? BY THE HOUSE OFREPRESENTATIVES?

The suspension of the privilege of the writ of habeas corpus andthe declaration of martial law may be revoked by Congress,voting jointly, by a vote of at least a majority, and the President

cannot set aside the revocation. Upon the Presidents initiative,the Congress may extend the proclamation or suspension for aperiod determined by Congress if (1) invasion or rebellionpersists and (2) public safety requires it.Amnesty cannot be granted by the President alone, for it needsthe concurrence by a majority of all the members of Congress.

The President has the power to negotiate treaties and otherinternational agreements, however, the same shall betransmitted to the Senate, which may (1) approve it by 2/3majority vote, (2) disapprove it outright, or (3) approve itconditionally, with suggested amendments.

49.) WHAT IS THE EFFECT OF A DECLARATION OFUNCONSTITUTIONALITY OF AN ACT OR OF A LAW?

The effect of a declaration of unconstitutionality is that, prior tothe declaration that a particular law is unconstitutional, it isconsidered an operative fact. Vested rights acquired undersuch law before it was declared unconstitutional are notprejudiced by the subsequent declaration that the law isunconstitutional.

50.) WHAT IS MERIT AND FITNESS IN CIVIL SERVICEAPPOINTMENTS?

In civil service appointments, entrance based on merit andfitness is to be determined as far as practicable by competitiveexaminations, or based on highly technical qualifications. Thischaracterizes the career service or competitive positions whilethe non-career service or non-competitive positions areexempted from the same.

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