political law (constitutional law)

8/13/2019 Political Law (Constitutional Law)

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1P O L I T I C A L L AW ( C O N S T I T U T I O N A L L A W )

REVIEWER & MEMORY AIDATENEO C ENTRAL B AR O PERATIONS 2001

Louie, Carrie, Evelyn, Thel, Gem, Ronald

ARTICLE I – THE NATIONAL TERRITORY

The national territory of the Philippines comprises:

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

j risdiction!. "onsisting of its

a. Terrestrialb. Fl vial# and CODE: TFAc. Aerial domains

$. %ncl ding itsa. Territorial sea

b. The s eabedc. The s bsoil CODE: TSSIOd. The ins lar shelves# ande. The ther s bmarine areas

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

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

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

An archipelago is a body of water st dded with islands. The Philippine archipelagois that body of water st dded with islands which is delineated in the Treaty of Paris-1 / 0 as amended by the Treaty of Washington -1/ 0 and the Treaty of reat 4ritain-1/3 0.

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

%t incl des any territory that presently belongs or might in the f t re belong to the

Philippines thro gh any of the internationally accepted modes of ac5 iring territory.A% 'i ! *+i %i# i !

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

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

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

1. Territorial sea 8 12 na tical miles -n.m.0

2. "ontig o s 9one 8 12 n.m. from the edge of the territorial sea3. *7cl sive economic 9one 8 2 n.m. from the baseline incl des -10 and -20;

ARTICLE II – DECLARATION OF PRINCIPLES AND STATE POLICIES

Selected principles

S EC 15 T'! P'i i i#!s is * !4 %*$i *# %! 6 i *# S$*$!5 S -!%!i+#$/ %!si !si# $'! ! ! *# * + -!%#4!#$ * $' %i$/ !4*#*$!s "% 4 $'!45






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

1. A comm nity of persons more or less n mero s - P *<P+*02. Permanently occ pying a definite portion of territory - T*''%T<'=03. %ndependent of e7ternal control - S <>*'*% )T=0!. Possessing an organi9ed government to which the great body of inhabitants render

habit al obedience - 7 <>*')?*)T0

D!"i#i$i # " ,P! !3 CODE: CNCH

1. A Comm nity of persons#2. , fficient in N mber#3. Capable of maintaining the contin ed e7istence of the comm nity# and!. Held together by a common bond of law.

D!"i#i$i # " ,S -!%!i+#$/3

1. +* A+ sovereigntya. The s preme power to ma@e law.b. %t is lodged in the people.

2. P<+%T%"A+ sovereigntya. The s m total of all the infl ences in a stateb. +egal and non8legalc. Which determine the co rse of law.

3. According to the Principle of !T"#L$%$T T$"& :,overeignty is the property of the state8force d e to which it has the e7cl sive

capacity of legal self8determination and self8restriction.

D!"i#i$i # " ,7 -!%#4!#$3

1. That instit tion or aggregate of instit tions2. by which an independent society3. ma@es and carries o t those r les of action!. which are necessary to enable men to live in a social state$. or which are imposed pon the people forming that society by those who possess

the power or a thority of prescribing them.

C *ssi"i *$i # " + -!%#4!#$s

1. 'e (ure 8 one established by the a thority of the legitimate sovereign2. 'e facto 8 one established in defiance of the legitimate sovereign

C *ssi"i *$i # " de facto + -!%#4!#$s

1. 'e facto proper a. That government that gets possession and control of b. or s rps by force or by the voice of majorityc. the rightf l legal governmentd. and maintains itself against the will of the latter.

2. overnment of paramount forcea. That which is established and maintained by military forcesb. who invade and occ py a territory of the enemyc. in the co rse of war.

3. That established as an independent government by the inhabitants of a co ntry whorise in insurrection against the parent state.






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

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

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

This merely emphasi9es that the Philippines has some aspects of direct democracy s chas initiative and referend m.

S EC 5 25 T'! P'i i i#!s %!# # !s .*% *s *# i#s$% 4!#$ " #*$i #* i /8 * $s$'! +!#!%* / * ! $! %i# i !s " i#$!%#*$i #* *. *s *%$ " $'! *. " $'! *#

*# * '!%!s $ $'! i / " !* !8 !9 * i$/8 s$i !8 "%!! 48 !%*$i #8 *#*4i$/ .i$' * #*$i #s5

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

The Philippines only reno nces GGRESS$)E war as an instr ment of national policy.%t does not reno nce defensive war.

S 4! ;+!#!%* / * ! $! %i# i !s " i#$!%#*$i #* *.; %! +#i<! 6/ $'!C %$:

1. 'ight of an alien to be released on bail while awaiting deportation when his fail re to

leave the co ntry is d e to the fact that no co ntry will accept him - %e(off v* 'irectorof Prisons / Phil. 02. The right of a co ntry to establish military commissions to try war criminals - +uroda

v* alondoni, 3 Phil. 1 103. The >ienna "onvention on 'oad ,igns and ,ignals - gustin v* Edu, ,"'A 1/$0

A4i$/ .i$' * #*$i #s

This does not mean a tomatic diplomatic recognition of all nations. Biplomaticrecognition remains a matter of e7ec tive discretion.

S EC =5 Ci-i i*# * $' %i$/ is8 *$ * $i4!s8 s %!4! -!% $'! 4i i$*%/5 T'! A%4!

F % !s " $'! P'i i i#!s is $'! % $! $ % " $'! ! ! *# $'! S$*$!5 I$s + * is $s! %! $'! s -!%!i+#$/ " $'! S$*$! *# $'! i#$!+%i$/ " $'! #*$i #* $!%%i$ %/5

Ci-i i*# * $' %i$/>s %!4* / * s! (1 s$ s!#$!# !)

1. "ivilian a thority simply means the s premacy of the law beca se a thority ndero r constit tional system can only come from law.

2. Cnder this cla se the soldier reno nces political ambition.

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

1. Positively this cla se singles o t the military as the g ardian of the people and of the

integrity of the national territory and therefore ltimately of the majesty of the law.2. )egatively it is an e7pression of disapproval of military ab ses.

S EC @5 T'! %i4! $/ " $'! 7 -!%#4!#$ is $ s!%-! *# % $! $ $'! ! !5 T'!7 -!%#4!#$ 4*/ * # $'! ! ! $ !"!# $'! S$*$! *# 8 i# $'! " "i 4!#$$'!%! "8 * i$i<!#s 4*/ 6! %!9 i%! 8 # !% # i$i #s % -i ! 6/ *.8 $ %!# !%

!%s #* 8 4i i$*%/8 % i-i s!%-i !5

S EC 5 5 T'! 4*i#$!#*# ! " !* ! *# % !%8 $'! % $! $i # " i"!8 i6!%$/ *#% !%$/8 *# $'! % 4 $i # " $'! +!#!%* .! "*%! *%! !ss!#$i* " % $'! !# /4!#$

6/ * $'! ! ! " $'! 6 !ssi#+s " !4 %* /5

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



!P O L I T I C A L L AW ( C O N S T I T U T I O N A L L A W )



Selected state policies

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

i#$!+%i$/8 #*$i #* i#$!%!s$8 *# $'! %i+'$ $ s! " !$!%4i#*$i #5

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

Policy of freedom from nuclear weapons

1. The policy P'<D%4%T,:

a. The possession control and man fact re of n clear weaponsb. ) clear arms tests.

2. The policy does )<T prohibit the peacef l ses of n clear energy.

S EC 5 125 T'! S$*$! %! +#i<!s $'! s*# $i$/ " "*4i / i"! *# s'* % $! $ *#s$%!#+$'!# $'! "*4i / *s * 6*si * $ # 4 s s i* i#s$i$ $i #5 I$ s'* !9 * /

% $! $ $'! i"! " $'! 4 $'!% *# $'! i"! " $'! #6 %# "% 4 # ! $i #5 !$ 5

Principle that the family is not a creature of the state*

P% $! $i # " % $'! #6 %#

1. %t is not an assertion that the nborn is a legal person.2. %t is not an assertion that the life of the nborn is placed e7actly on the level

of the life of the mother. Dence when it is necessary to save the life of themother the life of the nborn may be sacrificed.

3. Cnder this provision the 'oe v. Wade doctrine allowing abortion p to the & th

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

S EC 5 1 5 T'! S$*$! s'* % $! $ *# * -*# ! $'! %i+'$ " $'! ! ! $ * 6* *# !*# '!* $'" ! +/ i# * % .i$' $'! %'/$'4 *# '*%4 #/ " #*$ %!5

1. While the right to a balanced and healthf l ecology is fo nd nder thedeclaration of Principle and ,tate Policies and not nder the 4ill of 'ights itdoes not follow that it is less important than any of the civil and political rightsen merated in the latter. -<posa v. (actoran0

2. The right to a balanced and healthf l ecology carries with it the correlatived ty to refrain from impairing the environment. -<posa v. (actoran0

S EC 5 2 5 T'! S$*$! s'* + *%*#$!! !9 * * !ss $ %$ #i$i!s " % 6 is!%-i !8 *# % 'i6i$ i$i * /#*s$i!s *s 4*/ 6! !"i#! 6/ *.5

S EC 5 2 5 T'! S$*$! s'* 4*i#$*i# ' #!s$/ *# i#$!+%i$/ i# $'! 6 i s!%-i ! *#$*?! si$i-! *# !""! $i-! 4!*s %!s *+*i#s$ +%*"$ *# %% $i #5

S EC 5 2 5 S 6 ! $ $ %!*s #*6 ! # i$i #s %!s %i6! 6/ *.8 $'! S$*$! * $s *#i4 !4!#$s * i / " " 6 i is s %! " * i$s $%*#s* $i #s i#- -i#+ 6 ii#$!%!s$5

ARTICLE III – BILL OF RI7HTS

S! $i # 15 N !%s # s'* 6! ! %i-! " i"!8 i6!%$/ % % !%$/ .i$' $ !% !ss " *.8 # % s'* *#/ !%s # 6! !#i! $'! !9 * % $! $i # " $'! *.s5

BILL OF RI7HTS

The 4ill of rights is a g arantee that there are certain areas of a personEslife liberty and property which governmental power may not to ch.



$P O L I T I C A L L AW ( C O N S T I T U T I O N A L L A W )



The 4ill of rights is a declaratory of f ndamental principles and of thebasic rights of citi9enship.

%t en merates some of the private and inalienable rights of the peopleand it has been said that the rights protected by the 4ill of 'ights arethose that inhere in the Fgreat and essential principles of liberty and freegovernment.G

The rights in the 4ill of 'ights are sometimes referred to as nat ral lawsand as being fo nded on nat ral right and j stice.

Any governmental action in violation of the rights declared in the 4ill of'ights is void so that the provisions of a 4ill of 'ights are self 6 e7ec tingto this e7tent# however the legislat re may enact laws to protect andenforce the provisions of the 4ill of 'ights.

To the law of force rather than the force of law it is necessary to remindo rselves that certain basic rights and liberties are imm table- nchangeable0 and cannot be sacrificed to the transient needs orimperio s demands of the r ling power. The r le of law m st prevail orelse liberty will perish.

The provisions of the bill of rights are primarily limitations on governmentdeclaring rights that e7ist witho t any governmental grant that may notbe ta@en away by government and that government has d ty to protect.

The f ndamental h man rights conferred by the "onstit tion are notabsol te.

The totality of governmental power is contained in the three -30 greatpowers: police power power of eminent domain and power of ta7ation.These are inherent powers of government. A constit tion can only defineand delimit them and allocate their e7ercise among vario s governmentagencies.

BALANCIN7 THE RI7HTS OF PERSONS AND POLICE POWER

(or the proper defense and protection of freedom a political instit tion m stpossess power. Dence government becomes the delicate art of balancing the power ofgovernment and the freedom of the governed.

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

10 Power vested in the legislat re20 4y the "onstit tion30 To ma@e ordain and establish!0 All manner of wholesome and reasonable laws stat tes and ordinances$0 *ither with penalties or witho t&0 )ot rep gnant to the constit tion

0 As they shall j dge to be for the good and welfare of the commonwealth and of thes bjects of the same.

POLICE POWER

The power of promoting the p blic welfare by restraining and reg latingthe se of liberty and property.

The power vested in the legislat re by the constit tion to ma@e ordainand establish all manner of wholesome and reasonable laws stat tesand ordinance either with penalties or witho t not rep gnant to the



&P O L I T I C A L L AW ( C O N S T I T U T I O N A L L A W )


Louie, Carrie, Evelyn, Thel, Gem, Ronald constit tion as they shall j dge to be for the good and welfare of thecommonwealth and of the s bjects of the same.

The power of the state to reg late liberty and property for the promotionof the general welfare.

The personEs acts and ac5 isitions are hemmed in the police power.

%t is the most essential insistent and the least limitable of powerse7tending as it does to all the great p blic needs.

Police power rests pon p blic necessity and pon the right of the stateand of the p blic to self 6 protection.

)egatively police power is defined as that inherent and plenary -f ll0power in the ,tate which enables it to prohibit all that is h rtf l to thecomfort safety and welfare of society. -*rmita > ?ayor of ?anila0

8 public health8 public safety 8 public morals8 general welfare

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

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

POWER OF E PROPRIATION OR POWER OF EMINENT DOMAIN

*nables the state to forcibly ac5 ire private property pon payment of j st compensation for some intended p blic se.

Power of e7propriation is the highest and most e7act idea of propertyremaining in the government that may be ac5 ired for some p blicp rpose thro gh a method in the nat re of comp lsory sale to the state.

The provision sho ld be strictly interpreted against the e7propriator andliberally in favor of the property owner.

The e7ercise of this power is necessarily in derogation of private rightsand the r le in that case is that the a thority m st be strictly constr ed.

*7cept for police power and power of ta7ation only the power ofe7propriation may be e7ercised by p blic and private corporations.

POWER OF TA ATION

The state is able to demand from the members of society theirproportionate share or contrib tion in the maintenance of the government.

%mportance of ta7ation derives from the navoidable obligation of thegovernment to protect the people and e7tend them benefits in the form ofp blic projects and services.

Ri+'$ $ i"!

The constit tional protection to life is not j st a protection of the right to be aliveor to the sec rity of oneEs limb against physical harm. The right to life is the right to agood life .

Ri+'$ $ i6!%$/



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

ATENEO C ENTRAL B AR O PERATIONS 2001Louie, Carrie, Evelyn, Thel, Gem, Ronald

%ncl des that right to e7ist and the right to be free from arbitrary restraintor servit de.

The right to enjoy the fac lties to which he has been endowed by his"reator s bject only to s ch restraints as are necessary for the commonwelfare.

The chief elements to the g arantee are the right to contract the right tochoose ones employment the right to labor and the right to locomotion.

)ot only physical liberty b t also intellect al liberty.

Ri+'$ $ % !%$/

Protected property incl de all @inds of property fo nd in the "ivil "ode. %thas been deemed to incl de vested rights.

E-ample.1. The right to labor s ch that an employee may not be removed witho t

giving d e process# and2. The right to p blic office.

HEIRARCHY OF RI7HTS: PRIMACY OF HUMAN RI7HTS OVER PROPERTYRI7HTS

The primacy of h man rights over property rights are recogni9ed.4eca se these freedoms are Fdelicate and v lnerable as well ass premely precio s in o r societyG and the Fthreat of sanctions may detertheir e7ercise almost as potently as the act al application of sanctions Gthey Fneed breathing space to s rvive G permitting government reg lationonly Fwith narrow specificity.G

Property and property rights can be lost thro gh prescription# b t h manrights are imprescriptible. %f h man rights are e7ting ished by thepassage of time then the 4ill of 'ights s a seless attempt to limit thepower of government and ceases to be an efficacio s shield againsttyranny of officials of majorities of the infl ential and powerf l and ofoligarchs.

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

Protection of property was a primary object of the social compact and thatthe absence of s ch protection co ld well lead to anarchy and tyranny.

Property is an important instr ment for the preservation andenhancement of personal dignity.

Property is as important as life and liberty 6 and to protect their -poor0property is really to protect their life and their liberty.

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

1. Procedural due process 6 refers to the mode of proced re which governmentagencies m st follow in the enforcement and application of laws.

2. Substantive due process 6 prohibition against arbitrary laws.

N $!: P'<"*BC'A+ BC* P'<"*,,:1. A law which hears before it condemns.2. B e process of law contemplates notice and opport nity to be heard before

j dgment is rendered affecting oneEs person or property -+ope9 v. Bir. of +ands0





3. B e process depends on circ mstances# it varies with the s bject matter and thenecessities of the sit ation.

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

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

1. A o rt or trib nal clothed with j dicial power to hear and determinethe matter before it.

2. G risdiction m st be lawf lly ac5 ired over the person of thedefendant or over the property which is the s bject of the

proceedings.3. The defendant m st be given # otice and an pport nity to be heard.!. H dgment m st be rendered pon a lawf l ' earing.

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

1. The right to a ' earing which incl des the right to present oneEs caseand s bmit evidence in s pport thereof.

2. The trib nal m st consider the ! vidence presented.3. The ecision m st have something to s pport itself.!. *vidence s pporting the concl sion m st be s bstantial.$. The decision m st be based on the evidence presented at the ' earing

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

&. The trib nal or body or any of its j dges m st act on its or his ownindependent consideration of the law and facts of the controversyand not simply accept the views of a s bordinate in arriving at adecision.

. The board or body sho ld in all controversial 5 estions render itsdecision in s ch a manner that the arties to the proceeding can @nowthe vario s iss es involved and the reasons for the decision rendered.

N $!:

1. What is re5 ired is not act al hearing b t a real opport nity to be heard.2. The re5 irement of d e process can be satisfied by s bse5 ent d ehearing.3. >iolation of d e process: when same person reviews his own decision onappeal.!. )otice and hearing are re5 ired in j dicial and 5 asi8j dicial proceedingsb t not in the prom lgation of general r le.

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

1. The st dent m st be informed in . riting of the nat re and ca se ofany acc sation against them.

2. The st dent shall have the right to *nswer the charges against himwith the assistance of co nsel if desired.3. The st dent has the right to be i# formed of the evidence against him.!. The st dent has the right to *dd ce evidence in his own behalf.$. The evidence m st be ly considered by the investigating committee

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

&. The penalty imposed m st be roportionate to the offense.

N $!:1. The school has a contract al obligation to afford its st dents a fairopport nity to complete the co rse a st dent has enrolled for.

2. *7ceptions:3. ,erio s breach of discipline# or



/P O L I T I C A L L AW ( C O N S T I T U T I O N A L L A W )


Louie, Carrie, Evelyn, Thel, Gem, Ronald !. (ail re to maintain the re5 ired academic standard.$. Proceedings in st dent disciplinary cases may be s mmary# cross8e7amination is not essential

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

1. When administrative agencies are e7ercising their /uasi#legislativef nctions.

2. Abatement of nuisance per se .3. ranting by co rts of provisional remedies .

!. "ases of preventive suspension .$. Removal of temporary employees in the government service.&. %ss ance of warrants of distraint and0or levy by the 1$R

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

/. H dicial order which prevents an acc sed from travelling abroad inorder to maintain the effectivity of the co rtEs j risdiction.

1 . Suspension of a ban23s operations by the ?onetary 4oard pon aprima facie finding of li5 idity problems in s ch ban@.

N $!:

1. The right to co nsel is a very basic re5 irement of s bstantive d eprocess and has to be observed even in administrative and 5 asi8j dicialbodies.2. The right to appeal is a s$*$ $ %/ %i-i !+! that may be e7ercised only inthe manner in accordance with law.

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

1. The $&TERESTS of the p blic generally as disting ished from those of apartic lar class re5 ires the interference by the government and

2. The %E &S employed are necessary for the accomplishment of the p rposeand not nd ly oppressive pon individ als.

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

1. ? st not contravene the "onstit tion or any stat te2. ? st not be nfair or oppressive3. ? st not be partial or discriminatory!. ? st not prohibit b t may reg late trade$. ? st be general and consistent with p blic policy&. ? st not be nreasonable

W'!# is * *. VA7UE

1. When it lac@s "<?P'*D*),%4+* ,TA)BA'B,2. That men of ordinary intelligence m st necessarily C*,, as to its meaning3. And differ as to its application

E9 * P% $! $i # " $'! *.

The e5 ality that it g arantees is legal e5 ality or the e5 ality of all persons before thelaw. %t does not demand absol te e5 ality. %t merely re5 ires that all persons shall betreated ali@e nder li@e circ mstances and conditions both as to privileges conferredand liabilities enforced.

R!9 isi$!s " % -* i *ssi"i *$i # " % % s!s " $'! !9 * % $! $i # * s!

T'! *ssi"i *$i # 4 s$: CODE: S7EE






1. 'est on S C4,TA)T%A+ B%,T%)"T%<),2. 4e 7 *'?A)* to the p rposes of the law

3. )<T +%?%T*B T< EI%,T%) "<)B%T%<), only!. APP+= EJCA++= to all members of the ,A?* "+A,,.

S! $i # 25 T'! %i+'$ " $'! ! ! $ 6! s! %! i# $'!i% !%s #s8 ' s!s8 * !%s8*# !""! $s *+*i#s$ #%!*s #*6 ! s!*% '!s *# s!i< %!s " .'*$!-!% #*$ %! *#" % *#/ % s! s'* 6! i#-i *6 !8 *# # s!*% ' .*%%*#$ % .*%%*#$ " *%%!s$s'* iss ! ! ! $ # % 6*6 ! * s! $ 6! !$!%4i#! !%s #* / 6/ $'! +!*"$!% ! *4i#*$i # # !% *$' % *""i%4*$i # " $'! 4 *i#*#$ *# $'! .i$#!ss!s'! 4*/ % !8 *# *%$i *% / !s %i6i#+ $'! * ! $ 6! s!*% '! *# $'!

!%s # % $'i#+s $ 6! s!i<! 5

7!#!%* R !: ,earch and sei9 res are nreasonable C)+*,, a thori9ed by a validlyiss ed search warrant or warrant of arrest

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

1. %t m st be iss ed pon P '<4A4+* "AC,*.2. The e7istence of probable ca se is determined personally by the GUD7E .3. The j dge m st EIA?%)* C)B*' <ATD the complainant and the witnesses

he may prod ce.!. The warrant m st PA'T%"C+A'+= D*,"'%4* the place to be searched and

person or things to be sei9ed.

D!"i#i$i # " ,PROBABLE CAUSE3

4or the issuance of a warrant of arrest.

Probable ca se refers to s ch facts and circ mstances which wo ld leada reasonably discreet and pr dent man to believe that an offense has beencommitted by the person so ght to be arrested.

4or the issuance of a search warrant.

Probable ca se wo ld mean s ch facts and circ mstances which wo ldlead a reasonably discreet and pr dent man to believe that an offense has beencommitted and that the objects so ght in connection with the offense are in theplace to be searched.

N $!: Probable ca se for the iss ance of a search warrant does )<T re5 ire that theprobable g ilt of a specific offender be established nli@e in the case of a warrant ofarrest.

E is$!# ! " % 6*6 ! * s! ,DETERMINED PERSONALLY BY THE GUD7E3

The j dge is )<T re5 ired to personally e7amine the complainant and his witnesses.What the "onstit tion nderscores is the e7cl sive and personal responsibility of theiss ing j dge to satisfy himself of the e7istence of probable ca se - Soliven v* %a2asiar 1& ,"'A 3/!0.

To be s re the H dge m st go beyond the prosec torEs certification and investigationreport whenever necessary -+im v. (eli70.

P% ! %!:1. The j dge personally eval ates the report and s pporting doc ments s bmitted by

the fiscal regarding the e7istence of probable ca se and on the basis thereof iss ea warrant of arrest or





Louie, Carrie, Evelyn, Thel, Gem, Ronald 2. %f on the basis thereof the j dge finds no probable ca se he may disregard the

fiscalEs report and re5 ire the s bmission of s pporting affidavits of witnesses to aidhim in arriving at the concl sion as to the e7istence of probable ca se.

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

1. The oath re5 ired m st refer to the tr th of the facts within the personal @nowledgeof the complainant or his witnesses beca se the p rpose is to convince the j dge ofthe e7istence of probable ca se -Alvare9 v. "(% &! Phil. 330.

2. The tr e test of s fficiency of an affidavit to warrant the iss ance of a search warrantis whether it has been drawn in s ch a manner that perj ry co ld be charged thereonand affiant be held liable for the damages ca sed -Alvare9 v. "(%0.

PARTICULARITY OF DESCRIPTION (SEARCH WARRANT)

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

2. When $'! !s %i $i # ! %!ss!s * # si # " "* $ 6 not of law 6 by which thewarrant officer may be g ided in ma@ing the search and sei9 re or 3. When $'! $'i#+s !s %i6! *%! i4i$! $ $' s! .'i ' 6!*% * i%! $ %! *$i # $

$'! ""!#s! for which the warrant is being iss ed - 1ache and Co* v* Rui5 3 ,"'A230.

GOHN DOE WARRANT

A FHohn BoeG warrant can satisfy the re5 irement of partic larity of description if itcontains a descriptio personae s ch as will enable the officer to identify the acc sed-People v* )eloso ! Phil. 1$/0

7ENERAL WARRANT

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

VALID WARRANTLESS SEARCH

1. ,earch made as an incident to lawf l arrest

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

commission of the offense orii. Was the fr it thereof or iii. Which might f rnish the prisoner with the means of committing

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

4. The search m st be made sim ltaneo sly with the arrest and it may only bemade in the area within the reach of the person arrested

2. ,earch of moving vehicles

A. This e7ception is based on e7igency. Th s if there is time to obtain a warrant

in order to search the vehicle a warrant m st first be obtained.4. The search of a moving vehicle m st be based on probable ca se.






3. ,ei9 re of goods concealed to avoid c stoms d tiesKa thori9ed nder the Tariffs and" stoms "ode

A. The Tariffs and " stoms "ode a thori9es persons having police a thoritynder the "ode to effect search and sei9 res witho t a search warrant to

enforce c stoms laws.4. *7ception: A search warrant is re5 ired for the search of a dwelling ho se.". ,earches nder this e7ception incl de searches at borders and ports of entry.

,earches in these areas do not re5 ire the e7istence of probable ca se






!. ,ei9 re of evidence in plain view

A. To be a valid warrantless search the articles m st be open to the eye andhand.4. The peace officer comes pon them inadvertently.

$. Waiver of right

A. 'e5 isites of a valid waiver:

i. The right e7ists.ii. The person had act al or constr ctive @nowledge of the e7istence of

s ch right.iii. There is an act al intention to relin5 ish s ch right.

4. The right against nreasonable searches and sei9 res is a personal right.Th s only the person being searched can waive the same.

". Waiver re5 ires a positive act from the person. ?ere absence of opposition isnot a waiver.

B. The search made p rs ant to the waiver m st be made within the scope ofthe waiver.

N $!:1. "hec@points: as long as the vehicle is neither searched nor its occ pantss bjected to a body search and the inspection of the vehicle is limited to avis al search L valid search - )almonte )* 'e )illa 0

2. "arroll r le: warrantless search of a vehicle that can be 5 ic@ly moved o tof the locality or j risdiction3. The 1/ "onstit tion has ret rned to the 1/3$ r le that warrants may beiss ed only by j dges b t the "ommissioner of %mmigration may order thearrest of an alien in order to carry o t a (%)A+ deportation order.

VALID WARRANTLESS ARRESTS

1. When the person to be arrested has committed is act ally committing or is abo t tocommit an offense in the presence of the arresting officer.

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

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

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

!. Waiver of an invalid arrest:

When a person who is detained applies for bail he is deemed to have waived anyirreg larity which may have occ rred in relation to his arrest.

$. Dot p rs it

A. The p rs it of the offender by the arresting officer m st be contin o s from thetime of the commission of the offense to the time of the arrest.

4. There m st be no s pervening event which brea@s the contin ity of the chase.



1!P O L I T I C A L L AW ( C O N S T I T U T I O N A L L A W )



&. ,top and fris@

When a policeman observes s spicio s activity which leads him to believe that acrime is abo t to be committed he can investigate the s spicio s loo@ing person andmay fris@ him for weapons as a meas re of self8protection. ,ho ld he find howevera weapon on the s spect which is nlicensed he can arrest s ch person then andthere for having committed an offense in the officerEs presence.

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

% !% %!9 i%!s $'!%.is! *s %!s %i6! 6/ *.5(2) A#/ !-i !# ! 6$*i#! i# -i *$i # " $'is % $'! %! ! i#+ s! $i # s'* 6!

i#* 4issi6 ! " % *#/ % s! i# *#/ % !! i#+s5

'.A. !2 -Anti8Wiretapping Act0

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

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

Also a telephone e7tension is not p rposely installed for the p rpose of secretlyintercepting or recording private comm nication. - aanan v. %A" 1!$ ,"'A 1120

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

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

E si #*%/ % !:

Any evidence obtained shall be inadmissible for any p rpose in any proceeding.Dowever in the absence of governmental interference the protection against

nreasonable search and sei9 re cannot be e7tended to acts committed by privateindivid als. - People v* %artin 0

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

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

Protected speech incl des every form of e7pression whether oral written tape or discrecorded. %t incl des motion pict res as well as what is @nown as symbolic speech s chas the wearing of an armband as a symbol of protest. Peacef l pic@eting has also beenincl ded within the meaning of speech.

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

1. Prohibition against P'%<' '*,T'A%)T

2. Prohibition against ,C4,*JC*)T PC)%,D?*)T

P% 'i6i$i # *+*i#s$ %i % %!s$%*i#$ 1. Prior restraint means official governmental restrictions on the press or other forms of

e7pression in advance of act al p blication or dissemination.2. *7amplesKforms of prior restraint

a. movie censorshipb. j dicial prior restraint L inj nction against p blicationc. license ta7es based on gross receipts for the privilege of engaging in theb siness of advertising in any newspaper d. flat license fees for the privilege of selling religio s boo@s



1$P O L I T I C A L L AW ( C O N S T I T U T I O N A L L A W )



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

a. B ring a war. *7. overnment can prevent p blication abo t the n mberKlocationsof its troops -)ear v. ?innesota 23 C, &/ 0b. <bscene p blications.

S$*# *% s " % * .*6 ! s 6s!9 !#$ #is'4!#$

T*,T "'%T*'%<)1. Bangero s Tendency Test There sho ld be a 'AT%<)A+

"<))*"T%<) between the speech and theevil apprehended.

2. "lear and Present Banger Test There sho ld be a clear and present danger

that the words when sed nder s chcirc mstances are of s ch a nat re as tocreate a "+*A' A)B P'*,*)T BA) *'that they will bring abo t the s bstantiveevils that the ,tate has a right to prevent.

3. 4alancing of %nterests Test The co rts sho ld 4A+A)"* the PC4+%"%)T*'*,T served by legislation on onehand and the ('**B<? <( ,P**"D -orany other constit tional right0 on the other.The co rts will then decide where thegreater weight sho ld be placed.

F%!! 4 " S !! '

The doctrine on freedom of speech was form lated primarily for the protection of FcoreGspeech i.e. speech which comm nicates political social or religio s ideas. Theseenjoy the same degree of protection. "ommercial speech however does not.

C 44!% i* S !! '

1. A comm nication which no more than proposes a commercial transaction.

2. To enjoy protection:

a. %t m st not be false or misleading# andb. %t sho ld not propose an illegal transaction.

3. *ven tr thf l and lawf l commercial speech may be reg lated if:a. overnment has a s bstantial interest to protect#b. The reg lation directly advances that interest# andc. %t is not more e7tensive than is necessary to protect that interest. - Central

6udson Gas and Electric Corp* v* Public Service Commission of &7, !! C,$$ 0

U# % $! $! S !! '

15 LIBEL A. 4 $R C"%%E&T 8!*S* Rule9* These are statements of <P%)%<) not of fact

and are not considered actionable even if the words sed are neither mild nortemperate. What is important is that the opinion is the tr e and honest opinion ofthe person. The statements are not sed to attac@ personalities b t to give oneEsopinion on decisions and actions.

4. "P$&$"&S* With respect to p blic personalities -politicians actors anyone witha connection to a newsworthy event0 opinions can be aired regarding their p blicact ations. "omment on their private lives if not germane to their p blicpersonae are not protected.



1&P O L I T I C A L L AW ( C O N S T I T U T I O N A L L A W )



25 OBSCENITY

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

standards wo ld find that the wor@ ta@en as a whole appeals tothe pr rient interest.

ii. Whether the wor@ depicts or describes in a patently offensiveway se7 al cond ct specifically defined by law.

iii. Whether the wor@ ta@en as a whole lac@s serio s literary artisticpolitical or scientific val e.

1* Procedure for sei5ure of allegedly obscene publicationsi. A thorities m st apply for iss ance of search warrant.ii. "o rt m st be convinced that the materials are obscene. Apply

clear and present danger test.iii. H dge will determine whether they are in fact FobsceneG.iv. H dge will iss e a search warrant.v. Proper action sho ld be filed nder Art. 2 1 of the 'P".vi. "onviction is s bject to appeal.

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

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

2. ' les on assembly in p blic places:

i. Applicant sho ld inform the licensing a thority of the date the p blicplace where and the time when the assembly will ta@e place.

ii. The application sho ld be filed ahead of time to enable the p blic officialconcerned to appraise whether there are valid objections to the grant ofthe permit or to its grant b t in another p blic place. The grant or ref salsho ld be based on the application of the "lear and Present Banger Test.

iii. %f the p blic a thority is of the view that there is an imminent and gravedanger of a s bstantive evil the applicants m st be heard on the matter.

iv. The decision of the p blic a thority whether favorable or adverse m stbe transmitted to the applicants at the earliest opport nity so that theymay if they so desire have reco rse to the proper j dicial a thority.

3. ' les on assembly in private properties:

<nly the consent of the owner of the property or person entitled to possessionthereof is re5 ired.

S! $i # 5 N *. s'* 6! 4* ! %!s ! $i#+ *# !s$*6 is'4!#$ " %! i+i #8 %% 'i6i$i#+ $'! "%!! ! !% is! $'!%! "5 T'! "%!! ! !% is! *# !# /4!#$ " %! i+i s% "!ssi # *# . %s'i 8 .i$' $ is %i4i#*$i # % %!"!%!# !8 s'* " %!-!% 6!

* .! 5 N %! i+i s $!s$ s'* 6! %!9 i%! " % $'! ! !% is! " i-i % i$i *%i+'$s5

C * s!s # !% S! $i #

1. )on8establishment cla se2. (ree e7ercise of 'eligion






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

1. The # # !s$*6 is'4!#$ * s! does not depend pon any showing of directgovernmental comp lsion. %t is violated by the enactment of laws which establish anofficial religion whether those laws operate directly to coerce non8observingindivid als or not. The test of compliance with the non8establishment cla se can bestated as follows: What are the p rposes and primary effect of the enactmentM %feither is the advancement or inhibition of religion the law violates the non8establishment cla se. Th s in order for a law to comply with the non8establishmentcla se two re5 isites m st be met. (irst it has a sec lar legislative p rpose.,econd its primary effect neither advances nor inhibits religion.

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

cla se the person affected m st show the coercive effect of the legislation as itoperates against him in the practice of his religion. While the freedom to believe-non8establishment0 is absol te the moment s ch belief flows over into action itbecomes s bject to government reg lation.

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

1. %t m st have a sec lar legislative p rpose#2. %t m st have a primary effect that neither advances nor inhibits religion#3. %t m st not re5 ire e7cessive entanglement with recipient instit tions.

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

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

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

1. (reedom to choose and change oneEs place of abode.2. (reedom to travel within the co ntry and o tside.

C %$*i 4!#$ " %i+'$s:

'% DT ?A))*' <( "C'TA%+?*)T

1. +iberty of abode +awf l order of the co rt and within the limitsprescribed by law.

2. 'ight to travel ?ay be c rtailed even by administrative officers-e7. passport officers0 in the interest of nationalsec rity p blic safety or p blic health as may beprovided by law.

N $!: The right to travel and the liberty of abode are distinct from the right to ret rn tooneEs co ntry as shown by the fact that the Beclaration of D man 'ights and the"ovenant on D man 'ights have separate g arantees for these. Dence the right toret rn to oneEs co ntry is not covered by the specific right to travel and liberty of abode.

-%arcos v* %anglapus 0S! $i # 5 T'! %i+'$ " $'! ! ! $ i#" %4*$i # # 4*$$!%s " 6 i # !%#s'* 6! %! +#i<! 5

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

1. 'ight to information on matters of p blic concern2. 'ight of access to official records and doc ments






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

<nly (ilipino citi9ens.

Dis %!$i # " + -!%#4!#$

The government has discretion with respect to the a thority to determine what mattersare of p blic concern and the a thority to determine the manner of access to them.

R! +#i<! %!s$%i $i #s # $'! %i+'$ " $'! ! ! $ i#" %4*$i #:

1. )ational sec rity matters2. %ntelligence information3. Trade secrets

!. 4an@ing transactions$. Biplomatic correspondence&. *7ec tive sessions

. "losed door cabinet meetings

. , preme "o rt deliberations

S! $i # 5 T'! %i+'$ " $'! ! !8 i# i#+ $' s! !4 /! i# $'! 6 i *#%i-*$! s! $ %s8 $ " %4 #i #s8 *ss i*$i #s8 % s i!$i!s " % % s!s # $

#$%*%/ $ *.8 s'* # $ 6! *6%i +! 5

The right to form associations shall not be impaired witho t d e process of law and isth s an aspect of the right of liberty. %t is also an aspect of the freedom of contract. %n

addition insofar as the associations may have for their object the advancement ofbeliefs and ideas the freedom of association is an aspect of the freedom of speech ande7pression s bject to the same limitation.

The right also covers the right not to join an association.

overnment employees have the right to form nions. They also have the right to stri@enless there is a stat tory ban on them.

S! $i # J5 P%i-*$! % !%$/ s'* # $ 6! $*?!# " % 6 i s! .i$' $ s$4 !#s*$i #5

W' *# ! !% is! $'! .!% " !4i#!#$ 4*i#:10 The national government

a. "ongressb. *7ec tive p rs ant to legislation enacted by "ongress

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

30 P blic tilities as may be delegated by law.

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

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

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

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



1/P O L I T I C A L L AW ( C O N S T I T U T I O N A L L A W )



"TAKING"

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

1. The ! 7propriator enters the property2. The entrance m st not be for a momentary period i.e. it m st be ermanent3. *ntry is made nder warrant or color of legal * thority!. P roperty is devoted to p blic se$. Ctili9ation of the property m st be in s ch a way as to st the owner and

deprive him of the beneficial enjoyment of his property.

4. "ompensable ta@ing does not need to involve all the property interests whichform part of the right of ownership. When one or more of the property rightsare appropriated and applied to a p blic p rpose there is already acompensable ta@ing even if bare title still remains with the owner.

"PUBLI US!"

1. P blic se for p rposes of e7propriation is synonymo s with p blic welfareas the latter term is sed in the concept of police power.

2. *7amples of p blic se incl de land reform and sociali9ed ho sing.

" UST #$P!NSATI#N"

1. "ompensation is j st if the owner receives a s m e5 ivalent to the mar@etval e of his property. ?ar@et val e is generally defined as the fair val e ofthe property as between one who desires to p rchase and one who desiresto sell.

2. The point of reference se in determining fair val e is the val e at the timethe property was ta@en. Th s f t re potential se of the land is notconsidered in comp ting j st compensation.

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

1. To determine the ade5 acy of the compensation2. To determine the necessity of the ta@ing3. To determine the Op blic seO character of the ta@ing. Dowever if the

e7propriation is p rs ant to a specific law passed by "ongress the co rtscannot 5 estion the p blic se character of the ta@ing.

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

"ompensation is re5 ired if the property is a patrimonial property that is propertyac5 ired by the m nicipality with its private f nds in its corporate or private capacity.Dowever if it is any other property s ch a p blic b ildings or leg a com nal held by them nicipality for the ,tate in tr st for the inhabitants the ,tate is free to dispose of it atwill.

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

eneral r le: The val e m st be that as of the time of the filing of the complaint fore7propriation.

*7ception: When the filing of the case comes later than the time of ta@ing andmeanwhile the val e of the property has increased beca se of the se to which thee7propriator has p t it the val e is that of the time of the earlier ta@ing. 4CT if the val eincreased independently of what the e7propriator did then the val e is that of the latterfiling of the case.






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

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

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

20 %f it imposes new conditions or dispenses with those e7pressed30 %f it a thori9es for its satisfaction something different from that provided in its terms.

A mere change in P'<"*BC'A+ '*?*B%*, which does not change the s bstance ofthe contract and which still leaves an efficacio s remedy for enforcement does )<Timpair the obligation of contracts.

A valid e7ercise of police power is s perior to obligation of contracts.

S! $i # 125 Ri+'$s " !%s # # !% i#-!s$i+*$i # " % $'! 44issi # " *#""!#s!5

Ri+'$s " !%s # # !% i#-!s$i+*$i # " % $'! C 44issi # " *# ""!#s! CODE:SCISI

10 'ight to remain s ilent20 'ight to have ompetent and independent co nsel preferably of his own choice30 'ight to provided with the s ervices of co nsel if he cannot afford the services of one.!0 'ight to be informed of these rights.

W'!# %i+'$s *%! *-*i *6 !:

10 A(T*' a person has been ta@en into c stody or 20 When a person is otherwise deprived of his freedom of action in any significant way.30 When the investigation is being cond cted by the government -police B<H )4%0

with respect to a criminal offense.!0 ,igning of arrest reports and boo@ing sheets.

W'!# %i+'$s *%! # $ *-*i *6 !:

10 B ring a police line8 p. *7ception: <nce there is a move among the investigators toelicit admissions or confessions from the s spect.

20 B ring administrative investigations.30 "onfessions made by an acc sed at the time he vol ntarily s rrendered to the police

or o tside the conte7t of a formal investigation.!0 ,tatements made to a private person.

E si #*%/ % !

10 Any confession or admission obtained in violation of this section shall beinadmissible in evidence against him -the acc sed0.

20 Therefore any evidence obtained by virt e of an illegally obtained confession is alsoinadmissible being the fr it of a poisoned tree.

R!9 isi$!s " -* i .*i-!%:

10 Waiver sho ld be made in W'%T%)20 Waiver sho ld be made in the P'*,*)"* <( "<C),*+.

S! $i # 1=5 Ri+'$ $ 6*i

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

10 All persons A"TCA++= B*TA%)*B20 shall 4*(<'* "<)>%"T%<)30 4e entitled to bail.






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

10 Persons charged with offenses PC)%,DA4+* by '*"+C,%<) P*'P*TCA orB*ATD when evidence of g ilt is strong20 Persons "<)>%"T*B by the trial co rt. 4ail is only discretionary pending appeal.30 Persons who are members of the A(P facing a co rt martial.

O$'!% %i+'$s i# %! *$i # $ 6*i 5

10 The right to bail shall )<T be impaired even when the privilege of the writ of habeascorp s is s spended.

20 *7cessive bail shall not be re5 ired.

F* $ %s #si !%! i# s!$$i#+ $'! *4 #$ " 6*i :

10 Ability to post bail20 )at re of the offense30 Penalty imposed by law!0 "haracter and rep tation of the acc sed$0 Dealth of the acc sed&0 ,trength of the evidence

0 Probability of appearing at the trial0 (orfeit re of previo s bail bonds

/0 Whether acc sed was a f gitive from j stice when arrested1 0 %f acc sed is nder bond in other cases

I4 i i$ i4i$*$i #s # $'! %i+'$ $ 6*i :1. The person claiming the right m st be in act al detention or c stody of the law.2. The constit tional right is available only in criminal cases not e.g. in deportation

proceedings.

N $!:1. 'ight to bail is not available in the military.2. Apart from bail a person may attain provisional liberty thro gh recogni9ance.

S! $i # 1@5 Ri+'$s " *# * s!

Ri+'$s " * !%s # '*%+! .i$' * %i4i#* ""!#s!1. 'ight to d e process of law2. 'ight to be pres med innocent3. 'ight to be heard by himself and co nsel!. 'ight to be informed of the nat re and ca se of the acc sation against him$. 'ight to have a speedy impartial and p blic trial&. 'ight to meet the witnesses face to face

. 'ight to have comp lsory process to sec re the attendance of witnesses and theprod ction of evidence in his behalf

%DU! P&# !SS'

This means that the acc sed can only be convicted by a trib nal which is re5 ired tocomply with the stringent re5 irements of the r les of criminal proced re.

%P&!SU$PTI#N #( INN# !N !'

The "onstit tion does not prohibit the legislat re from providing that proof of certainfacts leads to a prima facie pres mption of g ilt provided that the facts proved have areasonable connection to the ltimate fact pres med.

Pres mption of g ilt sho ld not be concl sive.






%&IG)T T# B! )!A& B* )I$S!L( AND #UNS!L'

T'! %i+'$ $ 6! '!*% i# !s $'! " .i#+ %i+'$s:

1. 'ight to be present at the trial

A. The right to be present covers the period from A''A% )?*)T toP'<?C+ AT%<) of sentence.

4. After arraignment trial may proceed notwithstanding absence of acc sedprovided 2 re5 isites are met. )ote that trial in absentia is allowed only if theacc sed has been validly arraigned.

-i0 Acc sed has been d ly notified# and

-ii0 Dis fail re to appear is nj stifiable.

". The acc sed may waive the right to be present at the trial by not showingp. Dowever the co rt can still compel the attendance of the acc sed if

necessary for identification p rposes. *I"*PT%<): %f the acc sed afterarraignment has stip lated that he is indeed the person charged with theoffense and named in the information and that any time a witness refers to aname by which he is @nown the witness is to be nderstood as referring tohim.

B. While the acc sed is entitled to be present d ring prom lgation of j dgement the absence of his co nsel d ring s ch prom lgation does not

affect its validity.

2. 'ight to co nsel

-a0 'ight to co nsel means the right to *((*"T%>* '*P'*,*)TAT%<).-b0 %f the acc sed appears at arraignment witho t co nsel the j dge m st:

-i0 %nform the acc sed that he has a right to a co nsel beforearraignment-ii0 As@ the acc sed if he desires the aid of co nsel-iii0 %f the acc sed desires co nsel b t cannot afford one a co nselde oficio m st be appointed-iv0 %f the acc sed desires to obtain his own co nsel the co rt m st

give him a reasonable time to get one.3. 'ight to an impartial j dge!. 'ight of confrontation and cross8e7amination$. 'ight to comp lsory process to sec re the attendance of witnesses

%&IG)T T# B! IN(#&$!D #( T)! NATU&! AND AUS! #( A USATI#N AGAINST )I$'

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

10 To f rnish the acc sed with a description of the charge against him as will enable

him to ma@e his defenses20 To avail himself of his conviction or ac5 ittal against a f rther prosec tion for thesame ca se

30 To inform the co rt of the facts alleged.

%f the information fails to allege the material elements of the offense the acc sed cannotbe convicted thereof even if the prosec tion is able to present evidence d ring the trialwith respect to s ch elements.

The real nat re of the crime charged is determined from the recital of facts in theinformation. %t is not determined based on the caption or preamble thereof nor from thespecification of the provision of law allegedly violated.






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

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

10 Time e7pired from the filing of the information20 +ength of delay involved30 'easons for the delay!0 Assertion or non8assertion of the right by the acc sed$0 Prej dice ca sed to the defendant.

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

%f the dismissal is valid it amo nts to an ac5 ittal and can be sed as basis to claimdo ble jeopardy. This wo ld be the effect even if the dismissal was made with theconsent of the acc sed

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

De can move for the dismissal of the case.%f he is detained he can file a petition for the iss ance of writ of habeas corp s.

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

The acc sed is entitled to the Fcold ne trality of an impartial j dgeG.

%t is an element of d e process.D!"i#i$i # " 6 i $%i*

The attendance at the trial is open to all irrespective of their relationship to the acc sed.Dowever if the evidence to be add ced is Foffensive to decency or p blic moralsG thep blic may be e7cl ded.

The right of the acc sed to a p blic trial is not violated if the hearings are cond cted on,at rdays either with the consent of the acc sed or if failed to object thereto.

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

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

1. To afford the acc sed an opport nity to cross8e7amine the witness2. To allow the j dge the opport nity to observe the deportment of the witness

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

%f the fail re of the acc sed to cross8e7amine a witness is d e to his own fa lt or was notd e to the fa lt of the prosec tion the testimony of the witness sho ld be e7cl ded.

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

%t is demandable only d ring trials. Th s it cannot be availed of d ring preliminaryinvestigations.

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

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






S! $i # 1 5 A !%s #s s'* '*-! $'! %i+'$ $ * s !! / is si$i # " $'!i% *s!s

6!" %! * i i* 8 9 *si i i* 8 % * 4i#is$%*$i-! 6 i!s5

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

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

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

S! $i # 1 5 N !%s # s'* 6! 4 ! ! $ 6! * .i$#!ss *+*i#s$ 'i4s! "5

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

A 5 estion tends to incriminate when the answer of the acc sed or the witness wo ldestablish a fact which wo ld be a necessary lin@ in a chain of evidence to prove thecommission of a crime by the acc sed or the witness.

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

1. An acc sed can ref se to ta@e the witness stand by invo@ing the right against self8incrimination.

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

S ! " %i+'$

1. What is P'<D%4%T*B is the se of physical or moral comp lsion to e7tortcomm nication from the witness or to otherwise elicit evidence which wo ld note7ist were it not for the actions compelled from the witness.

2. The right does )<T P'<D%4%T the e7amination of the body of the acc sed or these of findings with respect to his body as physical evidence. Dence the

fingerprinting of an acc sed wo ld not violate the right against self8incrimination.Dowever obtaining a sample of the handwriting of the acc sed wo ld violate thisright if he is charged for falsification.

3. The acc sed cannot be compelled to prod ce a private doc ment in his possessionwhich might tend to incriminate him. Dowever a third person in c stody of thedoc ment may be compelled to prod ce it.

W'!# $'! %i+'$ *# 6! i#- ?! :

1. %n criminal cases2. %n administrative proceedings if the acc sed is liable to a penalty -*7. (orfeit re of

property0

W' *# i#- ?! $'! %i+'$:

<nly nat ral persons. H dicial persons are s bject to the visitorial powers of the state inorder to determine compliance with the conditions of the charter granted to them.

S! $i # 1 5 Ri+'$ *+*i#s$ i#- #$*%/ s!%-i$ !

D!"i#i$i # " i#- #$*%/ s!%-i$ !

%t is every condition of enforced or comp lsory service of one to another no matter nderwhat form s ch servit de may be disg ised.

E ! $i #s:1. P nishment for a crime for which the party has been d ly convicted2. Personal military or civil service in the interest of national defense3. 'et rn to wor@ order iss ed by the B<+* ,ecretary or the President






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

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

1. A penalty is cr el and inh man if it involves tort re or lingering s ffering. *7. 4eingdrawn and 5 artered.

2. A penalty is degrading if it e7poses a person to p blic h miliation. *7. 4eing tarredand feathered then paraded thro gho t town.

S$*# *% s s! :

1. The p nishment m st not be so severe as to be degrading to the dignity of h manbeings.

2. %t m st not be applied arbitrarily.3. %t m st not be nacceptable to contemporary society!. %t m st not be e7cessive i.e. it m st serve a penal p rpose more effectively than a

less severe p nishment wo ld.

E !ssi-! "i#!

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

)ote: (r. 4ernas says that the acc sed cannot be convicted of the crime to which thep nishment is attached if the co rt finds that the p nishment is cr el degrading orinh man.

'eason: Witho t a valid penalty the law is not a penal law.S! $i # 205 N !%s # s'* 6! i4 %is #! " % !6$ % # # */4!#$ " * $* 5

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

10 Bebt refers to a "<)T'A"TCA+ obligation whether e7press or implied res lting inany liability to pay money. Th s all other types of obligations are not within thescope of this prohibition.

20 Th s if an acc sed fails to pay the fine imposed pon him this may res lt in hiss bsidiary imprisonment beca se his liability is e7 delicto and not e7 contract .

30 A ('ACBC+*)T debt may res lt in the imprisonment of the debtor if:

A. The fra d lent debt constit tes a crime s ch as estafa and4. The acc sed has been d ly convicted.

S! $i # 215 N !%s # s'* 6! $.i ! $ i# ! *% / " #is'4!#$ " % $'! s*4!""!#s!5 I" *# * $ #is'! 6/ * *. *# *# % i#*# !8 #-i $i # % * 9 i$$*# !% !i$'!% s'* #s$i$ $! * 6*% $ *# $'!% % s! $i # " % $'! s*4! * $5

R!9 isi$!s " % * -* i !"!#s! " 6 ! ! *% /: CODE: ATS

10 (irst jeopardy m st have attached prior to the second.20 The first jeopardy m st have terminated*30 The second jeopardy m st be for the same offense as that in the first.

W'!# !s ! *% / ATTACH: (1 s$ %!9 isi$!) CODE: CICAV

10 A person is charged20 Cnder a complaint or information s fficient in form and s bstance to s stain a

conviction30 4efore a co rt of competent j risdiction!0 After the person is arraigned$0 , ch person enters a valid plea.






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

10 %f information does not charge any offense20 %f pon pleading g ilty the acc sed presents evidence of complete self8defense

and the co rt thereafter ac5 its him witho t entering a new plea of not g ilty foracc sed.

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

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

10 Ac5 ittal20 "onviction

30 Bismissal WK< the *IP'*,, consent of the acc sed!0 Bismissal on the merits.

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

10 Bismissal based on violation of the right to a speedy trial. This amo nts to anac5 ittal.

20 Bismissal based on a dem rrer to evidence. This is a dismissal on the merits.30 Bismissal on motion of the prosec tion s bse5 ent to a motion for reinvestigation

filed by the acc sed.!0 Bischarge of an acc sed to be a state witness. This amo nts to an ac5 ittal.

W'!# *# $'! PROSECUTION * !* "% 4 *# % !% " is4iss* :10 %f dismissal is on motion of the acc sed. *7ception: %f motion is based on violation

of the right to a speedy trial or on a dem rrer to evidence.20 %f dismissal does )<T amo nt to an ac5 ittal or dismissal on the merits30 %f the 5 estion to be passed pon is p rely legal.!0 %f the dismissal violates the right of d e process of the prosec tion.$0 %f the dismissal was made with grave ab se of discretion.

W'*$ *%! #si !%! $ 6! $'! ,SAME OFFENSE3: ( # !% $'! 1 s$ s!#$!# ! "S! $i # 21)

10 *7act identity between the offenses charged in the first and second cases.20 <ne offense is an attempt to commit or a fr stration of the other offense.30 <ne offense is necessarily incl ded or necessary incl des the other.

&ote. where a single act res lts in the violation of different laws or different provisions ofthe same law the prosec tion for one will not bar the other so long as none of thee7ceptions apply.

D!"i#i$i # " 6 ! ! *% / (2 # s!#$!# ! " S! 5 21)

Bo ble jeopardy will res lt if the act p nishable nder the law and the ordinance are thesame. (or there to be do ble jeopardy it is not necessary that the offense be the same.

SUPERVENIN7 FACTS

10 Cnder the ' les of "o rt a conviction for an offense will not bar a prosec tion for anoffense which necessarily incl des the offense charged in the former informationwhere:

A. The graver offense developed d e to a s pervening fact arising from thesame act or omission constit ting the former charge.

4. The facts constit ting the graver offense became @nown or were discoveredonly after the filing of the former information.

". The plea of g ilty to the lesser offense was made witho t the consent of thefiscal and the offended party.






20 Cnder -10-b0 if the facts co ld have been discovered by the prosec tion b t were not

discovered beca se of the prosec tionEs incompetence it wo ld not be considered as pervening event.

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

%f the acc sed appeals his conviction he WA%>*, his right to plead do ble jeopardy.The whole case will be open to review by the appellate co rt. , ch co rt may evenincrease the penalties imposed on the acc sed by the trial co rt.

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

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

10 <ne which ma@es an action done before the passing of the law and which wasinnocent when done criminal and p nishes s ch action.

20 <ne which aggravates the crime or ma@es it greater than when it was committed.30 <ne which changes the p nishment and inflicts a greater p nishment than that

which the law anne7ed to the crime when it was committed.!0 <ne which alters the legal r les of evidence and receives less testimony than the

law re5 ired at the time of the commission of the offense in order to convict theacc sed.

$0 <ne which ass mes to reg late civil rights and remedies only 4CT in effectimposes a penalty or deprivation of a right which when done was lawf l.

&0 <ne which deprives a person acc sed of a crime of some lawf l protection to which

he has become entitled s ch as the protection of a former conviction or ac5 ittal ora proclamation of amnesty.

&ote. The prohibition on e7 post facto laws only applies to retrospective P*)A+ laws.

D!"i#i$i # " BILL OF ATTAINDER

10 A bill of attainder is a +* %,+AT%>* act which inflicts p nishment WK< HCB%"%A+trial.

20 The bill of attainder does not need to be directed at a specifically named person. %tmay also refer to easily ascertainable members of a gro p in s ch a way as to inflict

p nishment on them witho t j dicial trial.30 *lements of the bill of attainder

A. There m st be a +AW.4. The law imposes a P*)A+ b rden on a )A?*B %)>%B%BCA+K*A,%+=

A,"*'TA%)A4+* ?*?4*', of a '<CP.". The penal b rden is imposed B%'*"T+= by the +AW WK< HCB%"%A+ trial.

ARTICLE IV – CITI ENSHIP

W' *%! i$i<!#s " $'! P'i i i#!s

10 Those who are citi9ens of the Philippines at the time of the adoption of the 1/"onstit tion

20 Those whose fathers or mothers are citi9ens of the Philippines.30 Those born before Han ary 1 1/ 3 of (ilipino mothers who elect Philippine

citi9enship pon reaching the age of majority.!0 Those who are nat rali9ed in accordance with law.

M !s " * 9 i%i#+ i$i<!#s'i :

10 H s ,oli 6 ac5 isition of citi9enship on the basis of place of birth20 H s ,ang inis 6 ac5 isition of citi9enship on the basis of blood relationship30 )at rali9ation 6 the legal act of adopting an alien and clothing him with the privilege

of a native8born citi9en.






&ote. The Philippines follows -20 and -30

E ! $i # " i$i<!#s'i # !% $'! 1J C #s$i$ $i #:

Prior to the 1/ 3 "onstit tion if a (ilipina married an alien she lost her (ilipinociti9enship. Dence her child wo ld have to elect (ilipino citi9enship pon reaching theage of majority. Cnder the 1/ 3 "onstit tion however children born of (ilipino motherswere already considered (ilipinos. Therefore the provision on election of citi9enship

nder the 1/ "onstit tion only applies to those persons who were born nder the1/3$ "onstit tion. %n order for the children to elect (ilipino citi9enship the mothers m sthave been (ilipinos at the time of their marriage. ,o if yo r mother was a (ilipina whomarried an alien nder the 1/3$ constit tion and yo were born before Han ary 11/ 3 yo can elect (ilipino citi9enship pon reaching the age of majority.

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

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

E""! $s " #*$ %* i<*$i #:

10 The legitimate minor children of the nat rali9ed father become (ilipinos as well.20 The wife also becomes a (ilipino citi9en provided that she does not have any

dis5 alification which wo ld bar her from being nat rali9ed.

N*$ %* 6 %# i$i<!#s:

10 "iti9ens of the Philippines from birth who do not need to perform any act to ac5 ireor perfect their Philippine citi9enship.

20 Those who elect Philippine citi9enship nder Art. %> ,ec. 1-30 of 1/ "onstit tion.

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

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

reno nced it.

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

10 >ol ntarily obtaining foreign passport20 Pledging allegiance to another co ntry -e7. by becoming a nat rali9ed citi9en of

another co ntry0

R! * 9 isi$i # " i$i<!#s'i

)at ral8born (ilipinos who are deemed to have lost their citi9enship may re8ac5 ire thesame via repatriation proceedings. This involves ta@ing an oath of allegiance and filingthe same with the civil registry.

H . 4*/ #! s! i$i<!#s'i :

1. 4y nat rali9ation in a foreign co ntry2. 4y e7press ren nciation of citi9enship3. 4y s bscribing oath or allegiance to a foreign "onstit tion!. 4y serving in the armed forces of an enemy co ntry$. 4y being a deserter of the armed forces of oneEs co ntry

H . 4*/ #! %!* 9 i%! i$i<!#s'i :

1. 4y direct act of "ongress2. 4y nat rali9ation3. 4y repatriation






ARTICLE V – SUFFRA7E

* i"i *$i #s: CODE: CD1 RR

10 Citi9en of the Philippines20 )ot Dis5 alified by law30 At least 1 years old!0 Resident of the Philippines for at least 1 year $0 Resident of the place wherein heKshe proposes to vote for at least & months

immediately preceding the election.

&ote. )< literacy property or other s bstantive re5 irement can be imposed on thee7ercise of s ffrage.

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

Residency, under rticle ) has : senses.

1. '"%$C$LE 6 This is in reference to the 1 year residency re5 irement in thePhilippines.2. T*?P<'A'= '*,%B*)"* 6 This is in reference to the & month residencyre5 irement in the place where one wants to vote. %n this case residence can eithermean domicile or temporary residence.

Dis9 * i"i *$i #s:

10 Any person sentenced by final j dgment to imprisonment of not less than 1 yearwhich disability has not been removed by plenary pardon.

20 Any person adj dged by final j dgment of having violated his allegiance to the'ep blic of the Philippines.

30 %nsane or feeble8minded persons.

&ote Cnder the 2 nd dis5 alification the right to vote is a tomatically re8ac5 ired ponthe e7piration of $ years after the service of sentence.

ARTICLE VI – THE LE7ISLATIVE DEPARTMENT

S EC 5 15 T'! !+is *$i-! .!% s'* 6! -!s$! i# $'! C #+%!ss " $'! P'i i i#!s8.'i ' s'* #sis$ " * S!#*$! *# * H s! " R! %!s!#$*$i-!s8 ! ! $ $ $'!! $!#$ %!s!%-! $ $'! ! ! 6/ $'! % -isi # # i#i$i*$i-! *# %!"!%!# 45

D!"i#i$i # " L!+is *$i-! P .!%: The a thority to ma@e laws and to alter or repeal them.

C *ssi"i *$i # " !+is *$i-! .!%: (O D! CO)

1. Original 6 Possessed by the people in their sovereign capacity2. D! legated 6 Possessed by "ongress and other legislative bodies by virt e of the

"onstit tion3. Constit ent 6 The power to amend or revise the "onstit tion!. Ordinary 6 The power to pass ordinary laws

N $!:

The original legislative power of the people is e7ercised via initiative and referend m. %nthis manner people can directly propose and enact laws or approve or reject any act orlaw passed by "ongress or a local government nit.

Li4i$s # $'! !+is *$i-! .!% " C #+%!ss:





Louie, Carrie, Evelyn, Thel, Gem, Ronald 1. , bstantive 6 limitations on the content of laws. *.g. no law shall be passed

establishing a state religion.

2. Proced ral 6 limitations on the manner of passing laws. *.g. generally a bill m st gothro gh three readings on three separate days.

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

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

1. "ongress cannot pass irrepealable laws. ,ince "ongressE powers are plenary andlimited only by the "onstit tion any attempt to limit the powers of f t re "ongresses

via an irrepealable law is not allowed.

2. "ongress as a general r le cannot delegate its legislative power. ,ince the peoplehave already delegated legislative power to "ongress the latter cannot delegate itany f rther.

E CEPTIONS:

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

23-20;

W'*$ 4*/ C #+%!ss ! !+*$!:"ongress can only delegate s ally to administrative agencies 'C+*8?AN%)P<W*' or +AW *I*"CT%<). This involves either of two tas@s for the administrativeagencies:

1. F(illing p the detailsG on an otherwise complete stat te# or 2. Ascertaining the facts necessary to bring a FcontingentG law or provision into

act al operation.

S! $i #s 2 @5 SENATE

C 4 si$i #2! senators who shall be elected at large by the 5 alified voters of the Philippines asmay be provided by law.

* i"i *$i #s

1. )at ral8born citi9en#2. At least 3$ years old on the day of election#3. Able to read and write#!. A registered voter# and$. Philippine resident for at least 2 years immediately preceding the day of the election.

N $!: The 5 alifications of both ,enators and ?embers of the Do se are limited tothose provided by the "onstit tion. "ongress cannot by law add or s btract from these5 alifications.

T!%4 " O""i !:

& years commencing - nless otherwise provided by law0 at noon 3 H ne ne7t followingtheir election.

T!%4 Li4i$*$i #s:

1. )o ,enator shall serve for more than 2 consec tive terms.





Louie, Carrie, Evelyn, Thel, Gem, Ronald 2. >ol ntary ren nciation of office for any length of time shall not be considered as an

interr ption in the contin ity of his service for the f ll term for which he was elected.






S! $i #s 5 HOUSE OF REPRESENTATIVES

C 4 si$i #:

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

E ! $i # " 2 0 4!46!%s

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

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

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

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

the ret rn of each cens s. According to Hac@ however while theapportionment of districts is )<T a political 5 estion the j diciary "A))<Tcompel "ongress to do this.

e. The standards sed to determine the apportionment of legislative districts ismeant to prevent gerrymanderingE which is the formation of a legislativedistrict o t of separate territories so as to favor a partic lar candidate or party.

* i"i *$i #s

1. )at ral born citi9en of the Philippines#2. At least 2$ years old on the day of the election#3. Able to read and write#!. 'egistered voter in the district he see@s to represent# and$. A resident of s ch district for at least one year immediately preceding the day of the

election.

T!%4 " O""i !

1. *ach member of the Do se shall be elected for a term of three -30 years which shallcommence - nless otherwise provided for by law0 at noon on 3 H ne ne7t followingtheir election.

2. >ol ntary ren nciation of office for any length of time shall not be considered as aninterr ption in the contin ity of his service for the f ll term for which he was elected.

T!%4 Li4i$*$i #s

)o member of the Do se of 'epresentatives shall serve for more than three -30consec tive terms.

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

1. Befinition

a. Terms means the period d ring which the elected officer is legally a thori9edto ass me his office and e7ercise the powers thereof.

b. Ten re is the act al period d ring which s ch officer act ally holds hisposition.

2. +imitationKPossible 'ed ctiona. Term "A))<T be red ced.b. Ten re ?A= by law be limited. Th s a provision which considers an

elective office a tomatically vacated when the holder thereof files a certificateof candidacy for another elective office -e7cept President and >ice8President0is valid as it only affects the officers ten re and )<T his constit tional term.






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

1. "onstit te 2 Q of the total n mber of representatives incl ding those nder theparty8list system -th s a ma7im m of $ party8list members of the Do se0

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

3. ?echanics of the party8list system:a. 'egistered organi9ations s bmit a list of candidates in order of priority.b. B ring the elections these organi9ations are voted for at large.c. The n mber of seats that each organi9ation gets o t of the 2 Q allotted to

the system depends on the n mber of votes they get.

!. J alifications

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

S EC 5 J5 I# *s! " -* *# / i# $'! S!#*$! % i# $'! H s! " R! %!s!#$*$i-!s8 *SPECIAL ELECTION 4*/ 6! * ! $ "i s ' -* *# / i# $'! 4*##!% %!s %i6!6/ *.8 6 $ $'! S!#*$ % % M!46!% " $'! H s! " R! %!s!#$*$i-!s $' s ! ! $!s'* s!%-! # / " % $'! #! i%! $!%45

S EC 5 105 S* *%i!s " S!#*$ %s *# M!46!%s " $'! H s!

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

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

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

)o increase in their salaries shall ta@e effect ntil after the *IP%'AT%<) <( TD*(C++ T*'? -)<T T*)C'*0 <( A++ TD* ?*?4*', <( TD* ,*)AT* A)B TD*

D<C,* <( '*P'*,*)TAT%>*, APP'<>%) ,C"D %)"'*A,*.)ote: ,ince the "onstit tion provides for r les on FsalariesG and not on emol ments Eo r disting ished legislators can appropriate for themselves other s ms of money s chas travel allowances as well as other side benefits.E

S EC 5 11: CON7RESSIONAL IMMUNITIES

1.0 %mm nity from arrest:

a. +egislators are privileged from arrest while "ongress is Fin sessionG withrespect to offenses p nishable by p to & years of imprisonment. Th s whether"ongress is in reg lar or special session the imm nity from arrest applies.b. %f "ongress is in recess members thereof may be arrested.c. The imm nity is only with respect to arrests and )<T to prosec tion forcriminal offenses.

2.0 +egislative privilege:

a. )o member shall be 5 estioned or held liable in any for m other than hisKherrespective "ongressional body for any debate or speech in the "ongress or inany "ommittee thereof.






b. +imitation on the privilege:

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

-ii0 The speech or debateE m st be made in performance of their d ties asmembers of "ongress. This incl des speeches delivered statementsmade votes cast as well as bills introd ced and other activities done inperformance of their official d ties.

-iii0 "ongress need )<T be in session when the tterance is made as longas it forms part of legislative action E i.e. part of the deliberative andcomm nicative process sed to participate in legislative proceedings inconsideration of proposed legislation or with respect to other matters with"ongressE j risdiction.

S EC 5 125 A M!46!%s " $'! S!#*$! *# $'! H s! " R! %!s!#$*$i-!s s'* 8 #*ss 4 $i # " ""i !8 4*?! * " is s %! " $'!i% "i#*# i* *# 6 si#!ssi#$!%!s$s5 T'!/ s'* # $i"/ $'! H s! # !%#! " * $!#$i* #" i $ " i#$!%!s$$'*$ 4*/ *%is! "% 4 $'! "i i#+ " * % s! !+is *$i # " .'i ' $'!/ *%! * $' %s5

S EC 5 1= 1@: CON7RESSIONAL DIS UALIFICATIONS:

Dis9 * i"i *$i #s:

DIS UALIFICATION WHEN APPLICABLE1. ,enatorK?ember of the Do se cannot

hold any other office or employment in theovernment or any s bdivision agency or%nstr mentality thereof incl ding <"",or their s bsidiaries.

B ring his term. %f he does so he forfeits

his seat.

2. +egislators cannot be appointed to anyoffice.

%( the office was created or theemol ments thereof increased d ring theterm for which he was elected.

3. +egislators cannot personally appear asco nsel before any co rt of j sticeelectoral trib nal 5 asi8j dicial andadministrative bodies.

B ring his term of office.

!. +egislators cannot be financiallyinterested directly or indirectly in anycontract with or in any franchise or specialprivilege granted by the overnment orany s bdivision agency or instr mentalitythereof incl ding any <"" or itss bsidiary.

B ring his term of office.

$. +egislators cannot intervene in anymatter before any office of thegovernment.

When it is for his pec niary benefit orwhere he may be called pon to act onacco nt of his office.

S EC 5 1 : RE7ULAR AND SPECIAL SESSIONS

R!+ *% S!ssi #s:

1.) "ongress convenes once every year on the ! th ?onday of H ly - nless otherwiseprovided for by law0

2.0 "ontin es in session for as long as it sees fit ntil 3 days before the opening of thene7t reg lar session e7cl ding ,at rdays , ndays and legal holidays.






S ! i* S!ssi #s:

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

S EC 5 1 5 O""i !%s:

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

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

4y a majority vote of all respective members.

% 4 $ 6 si#!ss:1. ?ajority of each Do se shall constit te a 5 or m.2. A smaller n mber may adjo rn from day to day and may compel the attendance of

absent members.3. %n comp ting a 5 or m members who are o tside the co ntry and th s o tside of

each Do seEs coercive j risdiction are not incl ded.

I#$!%#* R !s:

1. *ach Do se shall determine its own proced ral r les.2. ,ince this is a power vested in "ongress as part of its inherent powers nder the

principle of separation of powers the co rts cannot intervene in the implementation

of these r les insofar as they affect the members of "ongress.3. Also since "ongress has the power to ma@e these r les it also has the power toignore them when circ mstances so re5 ire.

Dis i i#!:

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

2.0 *7p lsiona. "onc rrence of 2K3 of A++ its members.

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

1.0 The Ho rnal is concl sive pon the co rts.2.0 4CT an enrolled bill prevails over the contents of the Ho rnal.3.0 An enrolled bill is the official copy of approved legislation and bears the certifications

of the presiding officers of each Do se. Th s where the certifications are valid andare not withdrawn the contents of the enrolled bill are concl sive pon the co rts asregards the provision of that partic lar bill.

A %#4!#$s:

1.0 )either Do se can adjo rn for more than 3 days d ring the time "ongress is insession witho t the consent of the other Do se.

2.0 )either can they adjo rn to any other place than that where the two ho ses aresitting witho t the consent of the other.

S! $i # 1 : THE ELECTORAL TRIBUNAL

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

1. 3 , preme "o rt H stices to be designated by the "hief H stice# R2. & ?embers of the ,enate or Do se as the case may be.The senior H stice in the *lectoral Trib nal shall be its "hairman.






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

G %is i $i #:

1.0 *ach *T shall be the sole j dge of all "<)T*,T, relating to the election ret rnsand 5 alifications of their respective members. This incl des determining the validityor invalidity of a proclamation declaring a partic lar candidate as the winner.

2.0 An election contestE is one where a defeated candidate challenges the 5 alificationand claims for himself the seat of a proclaimed winner.

3.0 %n the absence of an election contest the *T is witho t j risdiction. Dowever thepower of each Do se to e7pel its own members or even to defer their oath8ta@ing

ntil their 5 alifications are determined may still be e7ercised even witho t anelection contest.

Iss !s %!+*% i#+ $'! E ! $ %* T%i6 #* s:

1.0 ,ince the *TEs are independent constit tional bodies independent even of theDo se from which the members are respectively ta@en neither "ongress nor the"o rts may interfere with proced ral matters relating to the f nctions of the *TEss ch as the setting of deadlines or filing their election contests with the respective*Ts.

2.0 The *Ts being independent bodies its members may not be arbitrarily removed from

their positions in the trib nal by the parties which they represent. )either may theybe removed for not voting according to party lines since they are actingindependently of "ongress.

3.0 The mere fact that the members of either the ,enate or the Do se sitting on the *Tare those which are so ght to be dis5 alified d e to the filing of an election contestagainst them does not warrant all of them from being dis5 alified from sitting in the*T. The "onstit tion is 5 ite clear that the *T m st act with both members from the," and from the ,enate or the Do se. %f all the legislator8members of the *T wereto be dis5 alified the *T wo ld not be able to f lfill its constit tional f nctions.

!.0 H dicial review of decisions of the *Ts may be had with the ," only insofar as the

decision or resol tion was rendered witho t or in e7cess of j risdiction or with graveab se of discretion constit ting denial of d e process.

S! $i # 1 : THE COMMISSION ON APPOINTMENTS

C 4 si$i #:

1.0 ,enate President as e78officio chairman#2.0 12 ,enators# and3.0 12 ?embers of the Do se.

)ote: The 12 ,enators and 12 'epresentatives are elected on the basis of proportionalrepresentation from the political parties and party8list organi9ations.

V $i#+>A $i #

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

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






G %is i $i #

1.0 "A shall confirm the appointments by the President with respect to the followingpositions:

a. Deads of the *7ec tive Bepartments -e7cept if it is the >ice8President who isappointed to the post0.

b. Ambassadors other p blic ministers or cons ls.c. <fficers of the A(P from the ran@ of "olonel or )aval "aptain: andd. <ther officers whose appointments are vested in him by the "onstit tion -e.g.

"<?*+*" members0.

2.0 "ongress "A))<T by law prescribe that the appointment of a person to an officecreated by s ch law shall be s bject to confirmation by the "A.

3.0 Appointments e7tended by the President to the above8mentioned positions while"ongress is not in session shall only be effective ntil disapproval by the "A or ntilthe ne7t adjo rnment of "ongress.

M!!$i#+s " $'! CA

1.0 "A meets only while "ongress is in session.2.0 ?eetings are held either at the call of the "hairman or a majority of all its members.3.0 ,ince the "A is also an independent constit tional body its r les of proced re are

also o tside the scope of congressional powers as well as that of the j diciary.

)ote: The *T and the "A shall be constit ted within 3 days after the ,enate and theDo se of 'epresentative shall have been organi9ed with the election of the Presidentand the ,pea@er.

S! $i #s 21 22: LE7ISLATIVE IN UIRIES

S !:

1. *ither Do se or any of their committees may cond ct in5 ires in aid of legislationE.2. F%n aid of legislationG does not mean that there is pending legislation regarding the

s bject of the in5 iry. %n fact investigation may be needed for p rposes of proposingf t re legislation.

3. %f the stated p rpose of the investigation is to determine the e7istence of violations ofthe law the investigation is no longer in aid of legislationE b t in aid of prosec tionE.This violates the principle of separation of powers and is beyond the scope ofcongressional powers.

E#" % !4!#$:

1. ,ince e7perience has shown that mere re5 ests for information does not s allywor@ "ongress has the inherent power to p nish recalcitrant witnesses forcontempt and may have them incarcerated ntil s ch time that they agree to testify.

2. The contin ance of s ch incarceration only s bsists for the lifetime or term of s chbody. <nce the body ceases to e7ist after its final adjo rnment the power toincarcerate ceases to e7ist as well. Th s each "ongressE of the Do se lasts foronly 3 years. 4 t if one is incarcerated by the ,enate it is indefinite beca se the,enate with its staggered terms is a contin ing body.

3. 4CT in order for a witness to be s bject to this incarceration the primaryre5 irement is that the in5 iry is within the scope of "ongressE powers. i.e. it is in aidof legislation.

!. The materiality of a 5 estion is determined not by its connection to any act allypending legislation b t by its connection to the general scope of the in5 iry.






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

a thori9ed to do so.

Li4i$*$i #s:

1. The in5 iry m st be cond cted in accordance with the d ly p blished r les ofproced reE of the Do se cond cting the in5 iry# and

2. The rights of persons appearing in or affected by s ch in5 iries shall be respected.*7. The right against self8incrimination.

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

1. ,ince members of the e7ec tive department are co8e5 als with those of thelegislative department nder the principle of separations of powers departmentheads cannot be compelled to appear before "ongress. )either may thedepartment heads impose their appearance pon "ongress.

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

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

b. Cpon the re5 est of either Do se -which cannot compel them to attend0

3. The appearance will be cond cted in *I*"CT%>* ,*,,%<) when:a. 'e5 ired by the sec rity of state or re5 ired by p blic interest# andb. When the President so states in writing

S! $i #s 2= 2@5 DECLARATION OF WAR>EMER7ENCY POWERS

V $! %!9 i%!4!#$: ($ ! *%! $'! ! is$!# ! " * s$*$! " .*%)

1. 2K3 of both Do ses in joint session2. >oting separately

E4!%+!# / .!%s:1. B ring times of war or other national emergency "ongress may 4= +AW a thori9e

the President to e7ercise powers necessary and proper to carry o t a declarednational policy.

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

3. *7piration of emergency powersa. 4y resol tion of "ongress or b. Cpon the ne7t adjo rnment of "ongress

S! $i #s 2@ 2 8 =0 =1 LE7ISLATION

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

1. Appropriation bills2. Reven e bills3. Tariff bills4. 4ills a thori9ing the increase of blic debt5. 4ills of cal application6. P rivate bills






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

A % %i*$i # 6i s

1. The primary and specific aim of an appropriation bill is to appropriate a s m ofmoney from the p blic treas ry.

2. Th s a bill enacting the b dget is an appropriations bill.

3. 4CT: A bill creating a new office and appropriating f nds therefor is )<T anappropriation bill.

R!-!# ! Bi

1. A reven e bill is one specifically designed to raise money or reven e thro ghimposition or levy.

2. Th s a bill introd cing a new ta7 is a reven e bill b t a provision in for instancethe >ideogram 'eg latory 4oard law imposing a ta7 on video rentals does not ma@ethe law a reven e bill.

Bi s " * * i *$i #

A bill of local application s ch as one as@ing for the conversion of a m nicipality into acity is deemed to have originated from the Do se provided that the bill of the Do se wasfiled prior to the filing of the bill in the ,enate even if in the end the ,enate approved its

own version.Li4i$*$i #s:

1. (or appropriation bills:

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

b. *ach provision or enactment in the eneral Appropriations 4ill m st relatespecifically to some partic lar appropriation therein and any s ch provision orenactment m st be limited in its operation to the appropriation to which it relates.

c. The proced re in approving appropriations for "ongress shall strictly follow theproced re for approving appropriations for other departments and agencies.

d. A special appropriations bill m st specify the p rpose for which it is intended andm st be s pported by f nds act ally available as certified by the )ationalTreas rer or to be raised by a corresponding reven e proposal therein.

e. Transfer of appropriations:

i. ' le: )o law shall be passed a thori9ing any transfer of appropriationsii. 4CT the following may 4= +AW be a thori9ed to AC ?*)T any item in

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

- President- President of the ,enate- ,pea@er of the Do se of 'epresentatives- "hief of H stice of the , preme "o rt- Deads of the "onstit tional "ommissions

f. Biscretionary f nds appropriated for partic lar officials shall be:i. Bisb rsed only for p blic p rposes#ii. ,ho ld be s pported by appropriate vo chers# andiii. , bject to g idelines as may be prescribed by law.






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

i. The A4 for the previo s year is deemed reenactedii. %t will remain in f ll force and effect ntil the A4 is passed by "ongress.

2. (or law granting ta7 e7emption

%t sho ld be passed with the conc rrence of a ?AH<'%T= of A++ the members of"ongress.

3. (or bills in general

a. *very bill shall embrace only one -10 s bject as e7pressed in the title thereof

i. As a mandatory re5 irement

ii. The title does not have to be a complete catalog e of everything stated inthe bill. %t is s fficient if the title e7presses the general s bject of the billand all the provisions of the stat te are germane to that general s bject.

iii. A bill which repeals legislation regarding the s bject matter need not statein the title that it is repealing the latter. Th s a repealing cla se in the billis considered germane to the s bject matter of the bill.

b. 'eadings

1. %n order to become a law each bill m st pass three -30 readings in bothDo ses.

2. eneral r le: *ach reading shall be held on separate days R printed copiesthereof in its final form shall be distrib ted to its ?embers three -30 daysbefore its passage.

3. *7ception: %f a bill is certified as rgent by the President as to the necessityof its immediate enactment to meet a p blic calamity or emergency the 3readings can be held on the same day.

!. (irst reading 6 only the title is read# the bill is passed to the proper committee,econd reading 6 *ntire te7t is read and debates are held and amendmentsintrod ced.

Third reading 6 only the title is read no amendments are allowed. >ote shallbe ta@en immediately thereafter and the yeas and nays entered in the jo rnal.

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

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

2. %f the President does not approve of the bill he shall veto the same and ret rn it withhis objections to the Do se from which it originated. The Do se shall enter theobjections in the Ho rnal and proceed to reconsider it.

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

!. This r le eliminates the poc@et vetoE whereby the President wo ld simply ref se toact on the bill.

$. To <>*''%B* the veto at least 2K3 of A++ the members of each Do se m st agreeto pass the bill. %n s ch case the veto is overriden and becomes a law witho tneed of presidential approval.



!1P O L I T I C A L L AW ( C O N S T I T U T I O N A L L A W )



&. %tem veto

a. The President may veto partic lar items in an appropriation reven e or tariff bill.

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

c. Befinition of item

TYPE OF BILL ITEM1. 'even eKta7 bill , bject of the ta7 and the ta7 rate imposed thereon2. Appropriations bill %ndivisible s m dedicated to a stated p rpose

d. >eto of '%B*'

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

as an item.

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

1. )o law shall be enacted increasing the , preme "o rtEs appellate j risdictionwitho t the ,"Es advice and conc rrence.

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

S! $i # 2 5 POWER TO TALi4i$*$i #s:

10 The r le of ta7ation sho ld be C)%(<'?20 %t sho ld be *JC%TA4+*30 "ongress sho ld evolve a P'< '*,,%>* system of ta7ation.!0 The power to ta7 m st be e7ercised for a p blic p rpose beca se the power e7ists

for the general welfare$0 The d e process and e5 al protection cla ses of the "onstit tion sho ld be

observed.

D! !+*$i # " .!% $ "i %*$!s10 "ongress may 4= +AW a thori9e the President to fi7 the following:

a0 Tariff ratesb0 %mport and *7port J otasc0 Tonnage and wharfage d esd0 <ther d ties and impostsWithin the framewor@ of the national development program of the overnment

20 The e7ercise of s ch power by the President shall be within the specified limits fi7edby "ongress and s bject to s ch limitations and restrictions as it may impose.

C #s$i$ $i #* $* ! !4 $i #s:

10 The following properties are e7empt from '*A+ P'<P*'T= ta7es(CODE: C'* C' M CA)

a0 "haritable instit tionsb0 "h rches and parsonages or convents app rtenant theretoc0 ?os5 esd0 )on8profit cemeteries# ande0 All lands b ildings and improvements act ally directly and e7cl sively sed

for religio s charitable or ed cational p rposes.






20 All reven es and assets of )<)8,T<"N )<)8P'<(%T *BC"AT%<)A+ instit tionsare e7empt from ta7es and d ties P'<>%B*B that s ch reven es and assets are

act ally directly and e7cl sively sed for ed cational p rposes. -Art. I%> ,ec ! -300

30 rants endowments donations or contrib tions sed act ally directly ande7cl sively for ed cational p rposes shall be e7empt from ta7. This is s bject toconditions prescribed by law. -Art. I%>. ,ec ! -!00

S! $i # 2J5 P .!% " $'! P %s!

10 )o money shall be paid o t of the )ational Treas ry *I"*PT in p rs ance of anappropriation made by law.

a0 This places the control of p blic f nds in the hands of "ongress.

b0 4CT: This r le does not prohibit contin ing appropriations. e.g. for debtservicing. This is beca se the r le does not re5 ire yearly or ann alappropriation.

20 +imitations.

a0 Appropriations m st be for a PC4+%" PC'P<,*b0 "annot appropriate p blic f nds or property directly or indirectly in favor of

-i0 Any sect ch rch denomination or sectarian instit tion or system ofreligion or

-ii0 Any priest preacher minister or other religio s teacher or dignitary ass ch.

*I"*PT if the priest etc is assigned to:- the Armed (orces# or - any penal instit tion# or- government orphanage# or - leprosari m

c0 4CT the government is not prohibited from appropriating money for a validsec lar p rpose even if it incidentally benefits a religion e.g. appropriations for anational police force is valid even if the police also protects the safety ofclergymen.

d0 A+,< the temporary se of p blic property for religio s p rposes is valid as

long as the property is available for all religions30 ,pecial ( nds

a0 ?oney collected on a ta7 levied for a special p rpose shall be treated as aspecial f nd and paid o t for s ch p rpose only.

b0 <nce the special p rpose is f lfilled or abandoned any balance shall betransferred to the general f nds of the overnment

S! $i # =25 INITIATIVE AND REFERENDUM

10 Thro gh the system of initiative and referend m the people can directly propose andenact laws or approve or reject any act or law or part thereof passed by the"ongress or local legislative body.

20 'e5 ired Petition

a0 ,ho ld be signed by at least 1 Q of the total n mber of registered votersb0 *very legislative district sho ld be represented by at least 3Q of the registered

votersc0 Petition sho ld be registered






ARTICLE VII5 THE E ECUTIVE DEPARTMENT

S! $i # 15 E ECUTIVE POWER

S !:

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

20 The scope of this power is set forth in Art. >%% of the "onstit tion. 4 t this power isnot limited to those set forth therein. The ," in ?arcos v. ?anglap s referred tothe '*,%BCA+ powers of the President as the "hief *7ec tive of the co ntry whichpowers incl de others not set forth in the "onstit tion. *IA?P+*: The President isimm ne from s it and criminal prosec tion while he is in office.

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

!0 4CT The President "A))<T dispose of state property nless a thori9ed by law.

S! $i # 25 UALIFICATIONS

10 )at ral8born citi9en of the Philippines20 'egistered voter#30 Able to read and write#!0 At least ! years old on the day of election$0 Philippine resident for at least 1 years immediately preceding s ch election.

)ote: The >ice8President has the same 5 alifications R term of office as the President.De is elected with R in the same manner as the President. De may be removed fromoffice in the same manner as the President.

S! $i # @5 MANNER OF ELECTION> TERM OF OFFICE

M*##!% " E ! $i #

10 The President and >ice8President shall be elected by direct vote of the people.

20 *lection ret rns for President and >ice8President as d ly certified by the proper4oard of "anvassers shall be forwarded to "ongress directed to the ,enatePresident.

30 )ot later than 3 days after the day of the election the certificates shall be opened inthe presence of both ho ses of "ongress assembled in joint p blic session.

!0 The "ongress after determining the a thenticity and d e e7ec tion of thecertificates shall canvass the votes.

$0 The person receiving the highest n mber of votes shall be proclaimed elected.

&0 %n case of a tie between 2 or more candidates one shall be chosen by a majority of A++ the members of both Do ses voting separately. %n case this res lts in adeadloc@ the ,enate President shall be the acting President ntil the deadloc@ isbro@en.

0 The , preme "o rt en banc shall act as the sole j dge over all contests relating tothe election ret rns and 5 alifications of the President or >ice8President and mayprom lgate its r les for the p rpose.



!!P O L I T I C A L L AW ( C O N S T I T U T I O N A L L A W )



T!%4 " O""i !

1) P%!si !#$

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

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

c0 Any person who has s cceeded as President and served as s ch for more than! years shall )<T be 5 alified for election to the same office at any time.

2) Vi ! P%!si !#$:

a0 & years starting and ending the same time as the President.

b0 Term limitation: 2 s ccessive terms.

c0 >ol ntary ren nciation of the office for any length of time is )<T an interr ptionin the contin ity of service for the f ll term for which the >ice8President waselected.

S! $i # 5 SALARIES AND EMOLUMENTS

10 <fficial salaries are determined by law.20 ,alaries cannot be decreased d ring the T*)C'* of the President and the >ice8

President.30 %ncreases ta@e effect only after the e7piration of the T*'? of the inc mbent d ringwhich the increase was approved.

!0 Prohibited from receiving any other emol ment from the government or any otherso rce d ring their T*)C'*

S! $i #s 128 PRESIDENTIAL SUCCESSION

1. >acancies at the beginning of the term

>A"A)"= ,C""*,,<'President8elect fails to 5 alify or to be

chosen

>P8elect will be Acting President ntil

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

>P becomes President.

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

1. ,enate President or 2. %n case of his inability the ,pea@er of

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

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

2. >acancies after the office is initially filled:

>A"A)"= ,C""*,,<'President dies is permanently disabled isimpeached or resigns.

>ice8President becomes President for thene7pired term.

4oth President and >ice8President diebecome permanently disabled areimpeached or resign.

1. ,enate President or 2. %n case of his inability the ,pea@er of

the Do se shall act as President ntilthe President or >P shall have beenelected and 5 alified.



!$P O L I T I C A L L AW ( C O N S T I T U T I O N A L L A W )



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

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

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

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

a0 "ongress shall convene 3 days after the vacancy in the office of both thePresident and the >P witho t need of a call. The convening of "ongresscannot be s spended.

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

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

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

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

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

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

5) Temporary disability of the President:

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

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

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

and the ,pea@er their written declaration.-i0 The >P will immediately be Acting President.

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

-iii0 %f within $ days after the President re8ass mes his position themajority of the "abinet retransmits their written declaration "ongressshall decide the iss e. %n this event "ongress shall reconvene within! ho rs if it is not in session witho t need of a call.

-iv0 Within 1 days after "ongress is re5 ired to assemble or 12 days if"ongress is not in session a 2K3 majority of both Do ses votingseparately is needed to find the President temporarily disabled inwhich case the >P will be Acting President.

&0 Presidential %llness:

a0 %f the President is serio sly ill the p blic m st be informed thereof.

b0 *ven d ring s ch illness the )ational ,ec rity Adviser the ,ecretary of(oreign Affairs and the "hief of ,taff of the A(P are entitled to access to thePresident



!&P O L I T I C A L L AW ( C O N S T I T U T I O N A L L A W )



S! $i # 1=5 DIS UALIFICATIONS,C4H*"T ,<C'"* <( B%,JCA+%(%"AT%<)

President >ice8President"abinet ?embers Bep ties or

Assistants of "abinet ?embers

Prohibited from:1. Dolding any office or employment d ring their

ten re C)+*,,:

a. otherwise provided in the "onstit tion -e.g. >Pcan be appointed a "abinet ?ember ,ec. ofH stice sits on H dicial and 4ar "o ncil0# or

b. the positions are e78officio and they do not receiveany salary or other emol ments therefor -e.g. ,ec.of (inance is head of ?onetary 4oard0.

2. Practicing directly or indirectly any other

profession d ring their ten re#

3. Participating in any b siness#

!. 4eing financially interested in any contract withor in any franchise or special privilege grantedby the government or any s bdivision agency orinstr mentality thereof incl ding <""Ss or theirs bsidiaries.

).4. The r le on dis5 alifications for the Presidentand his "abinet are stricter than the normal r les

applicable to appointive and elective officers nder Art. %I84 ,ec. .,po ses and ! th degreerelatives of the President-consang inity or affinity0

"annot be appointed d ring PresidentEs ten re as:

1. ?embers of the "onstit tional "ommissions#2. <ffice of the <mb dsman#3. Bepartment ,ecretaries#!. Bepartment nder8secretaries#$. "hairman or heads of b rea s or offices

incl ding <""Es and their s bsidiaries.

).4.

a. %f the spo se etc. was already in any of theabove offices at the time before hisKher spo sebecame President heKshe may contin e in office.What is prohibited is appointment andreappointment )<T contin ation in office.

b. ,po ses etc. can be appointed to the j diciaryand as ambassadors and cons ls.

S! $i #s 1@ 1 5 POWER TO APPOINT

P%i# i !s:

10 ,ince the power to appoint is e7ec tive in nat re "ongress cannot s rp thisf nction.

20 While "ongress -and the "onstit tion in certain cases0 may prescribe the5 alifications for partic lar offices the determination of who among those who are5 alified will be appointed is the PresidentEs prerogative.






S !:

The President shall appoint the following:

10 Deads of e7ec tive departments -"A confirmation needed0:20 Ambassadors other p blic ministers and cons ls -"A confirmation needed0.30 <fficers of A(P from ran@ of colonel or naval captain -"A confirmation needed0.!0 <ther officers whose appointment is vested in him by the "onstit tion -"A

confirmation needed0 s ch as:a0 "hairmen and members of the "<?*+*" "<A and ",".b0 'eg lar members of the H dicial and 4ar "o ncil.c0 The <mb dsman and his dep ties#d0 ,ectoral representatives in "ongress.

•

).4. President also appoints members of the , preme "o rt and j dges ofthe lower co rts b t these appointments do not need "A confirmation.

$0 All other officers whose appointments are not otherwise provided for by law# andthose whom he may be a thori9ed by law to appoint.

a0 This incl des the "hairman and members of the "ommission on D man'ights whose appointments are provided for by law )<T by the"onstit tion.

b0 "ongress may by law vest the appointment of other officers lower in ran@ inthe President alone or in the co rts or in the heads of departments

agencies boards or commissions.

c) 4CT : "ongress cannot by law re5 ire "A confirmation of the appointmentof other officers for offices created s bse5 ent to the 1/ "onstit tion -e.g.)+'" "ommissioners 4ang@o ,entral overnor0.

d) A+,<: >ol ntary s bmission by the President to the "A for confirmation ofan appointment which is not re5 ired to be confirmed does not vest the "Awith j risdiction. The President cannot e7tend the scope of the "AEs poweras provided for in the "onstit tion.

P% ! %!:

10 "A confirmation needed:

a0 )omination by Presidentb0 "onfirmation by "Ac0 Appointment by President# andd0 Acceptance by appointee.

)ote: At any time before all fo r steps have been complied with the President canwithdraw the nominationKappointment.

20 )o "A confirmation:

a0 Appointment# andb0 Acceptance.

)ote: <nce appointee accepts President can no longer withdraw the appointment.






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

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

20 These appointments are effective immediately b t are only effective ntil they aredisapproved by the "A or ntil the ne7t adjo rnment of "ongress.

30 Appointments to fill an office in an actingE capacity are )<T ad8interim in nat re andneed no "A approval.

A i#$4!#$s 6/ *# A $i#+ P%!si !#$:

These shall remain effective C)+*,, revo@ed by the elected President within / days

from his ass mption or re8ass mption of office.

Li4i$*$i #

10 2 months immediately before the ne7t Presidential elections and p to the end of histerm the President or Acting President ,DA++ )<T ma@e appointments. This is toprevent the practice of midnight appointments.G

20 *I"*PT%<):

a0 "an ma@e T*?P<'A'= APP<%)T?*)T,b0 To fill *I*"CT%>* P<,%T%<),#

c0 %f contin ed vacancies therein will prej dice p blic service or endanger p blicsafety.

S! $i # 1 5 P .!% " C #$% *# S !%-isi #

P .!% " C #$% :

The power of an officer to alter modify or set aside what a s bordinate officer has donein the performance of his d ties and to s bstit te the j dgment of the officer for that ofhis s bordinate. Th s the President e7ercises control over all the e7ec tivedepartments b rea s and offices.

The PresidentEs power over government8owned corporations comes not from the"onstit tion b t from stat te. Dence it may be ta@en away by stat te.

* i"i! P i$i * A+!# /:

10 ,ince all e7ec tive and administrative organi9ations are adj ncts of the *7ec tiveBepartment the heads of s ch departments etc. are assistants and agents of thePresident.

20 Th s generally the acts of these department heads etc which are performed andprom lgated in the reg lar co rse of b siness are pres mptively the acts of thePresident.

30 *7ception: %f the acts are disapproved or reprobated by the President.

!0 Cnder Administrative +aw decisions of Bepartment ,ecretaries need not beappealed to the President in order to comply with the re5 irement of e7ha stion ofadministrative remedies.

$0 J alified political agency does )<T apply if the President is re5 ired to act inperson by law or by the "onstit tion. *7ample: The power to grant pardons m stbe e7ercised personally by the President.



!/P O L I T I C A L L AW ( C O N S T I T U T I O N A L L A W )



Dis i i#*%/ P .!%s:

10 The power of the President to discipline officers flows from the power to appoint theand )<T from the power control.

20 4CT While the President may remove from office those who are not entitled tosec rity of ten re or those officers with no set terms s ch as Bepartment Deadsthe officers and employees entitled to sec rity of ten re cannot be s mmarilyremoved from office.

P .!% " S !%-isi #:

10 This is the power of a s perior officer to ens re that the laws are faithf lly e7ec tedby s bordinates.

20 The power of the president over local government nits is only of generals pervision. Th s he can only interfere with the actions of their e7ec tive heads ifthese are contrary to law.

30 The e7ec tion of laws is an <4+% AT%<) of the President. De cannot s spend theoperation of laws.

!0 The power of s pervision does not incl de the power of control# b t the power ofcontrol necessarily incl des the power of s pervision.

S! $i # 1 5 COMMANDER IN CHIEF POWERS

S !:

10 The President is the "ommander8in8"hief of the Armed (orces.

20 Whenever necessary the President may call o t the A(P to P'*>*)T or,CPP'*,,:

a0 +awless violence#b0 %nvasion# or c0 'ebellion.

30 The President may also:a0 , spend the privilege of the writ of habeas corp s# andb0 Proclaim a state of martial law.

S s !#si # " $'! %i-i !+! " $'! .%i$ " '*6!*s % s *# ! *%i#+ 4*%$i* *.

1. ro nds

a. %nvasion or b. 'ebellion# andc. P blic safety re5 ires it.

2. The invasion or rebellion m st be A"TCA+ and not merely imminent.

3. +imitations:

a. , spension or proclamation is effective for only & days.

b. Within ! ho rs from the declaration or s spension the President m sts bmit a report to "ongress.






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

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

i. %nvasion or rebellion persist andii. P blic safety re5 ires it.

)<T*: "ongress "A))<T e7tend the period mot propio.

e. , preme "o rt review:

i. The appropriate proceeding can be filed by any citi9en.

ii. The ," can review the (A"TCA+ 4A,%, of the proclamation ors spension.iii. Becision is prom lgated within 3 days from filing.

f. ?artial +aw does &"T.

i. , spend the operation of the "onstit tion.ii. , pplant the f nctioning of the civil co rts or legislative assemblies.iii. A thori9e conferment of j risdiction on military co rts over civilianswhere civil co rts are able to f nction andiv. A tomatically s spend the privilege of the writ.

g. , spension of privilege of the writ:i. Applies <)+= to persons j dicially charged for rebellion or offensesinherent in or directly connected with invasion.ii. Anyone arrested or detained d ring s spension m st be chargedwithin 3 days. <therwise he sho ld be released.

)ote: While the s spension of the privilege of writ and the proclamation of martial law iss bject to j dicial review the act al se by the President of the armed forces is not.Th s troop deployments in times of war is s bject to the PresidentEs j dgment anddiscretion.

S! $i # 1J: E ECUTIVE CLEMENCYS !:

1.0 The President may grant the following: P* R C R!a. P* rdons -conditional or plenary0b. Reprievesc. Comm tationsd. R! mittance of fines and forfeit res

2.0 These may only be granted A(T*' conviction by final j dgment.

3.0 A+,<: The power to grant clemency incl des cases involving administrativepenalties.

!.0 Where a conditional pardon is granted the determination of whether it has beenviolated rests with the President.



$1P O L I T I C A L L AW ( C O N S T I T U T I O N A L L A W )



Li4i$*$i #s:

1.0 As to scope:

"annot be granted:

a.0 4efore convictionb.0 %n cases of impeachmentc.0 (or violations of election laws r les and reg lation witho t the favorable

recommendation of the "<?*+*"d.0 %n cases of civil or legislative contempt

2.0 As to effect:

a.0 Boes not absolve civil liabilities for an offense.b.0 Boes not restore p blic offices already forfeited altho gh eligibility for thesame may be restored.

A4#!s$/:

1.0 An act of grace conc rred in by "ongress s ally e7tended to gro ps of personswho commit political offenses which p ts into oblivion the offense itself.

2.0 President alone "A))<T grant amnesty. Amnesty needs conc rrence by amajority of all the members of "ongress.

3.0 When a person applies for amnesty he m st admit his g ilt of the offense whichis s bject to s ch amnesty. %f his application is denied he can be convicted

based on this admission of g ilt.!.0 Amnesty >. Pardon

AMNESTY PARDON Addressed to P<+%T%"A+ offenses Addressed to <'B%)A'= offenses

ranted to a "+A,, of persons ranted to %)B%>%BCA+,)eed not be accepted ? st be accepted'e5 ires conc rrence of majority ofall members of "ongress

)o need for "ongressional conc rrence

A p blic act. , bject to j dicial notice Private act of President. %t m st be proved.*7ting ishes the offense itself <nly penalties are e7ting ished.

?ay or may not restore political rights. Absol te pardon restores. "onditional doesnot."ivil indemnity is not e7ting ished.

?ay be granted before or afterconviction

<nly granted after conviction by final j dgement

S! $i # 205 P .!% $ C #$%* $ % 7 *%*#$!! F %!i+# L *#s

Li4i$*$i #s:

-10 The President may contract or g arantee foreign loans on behalf of the 'ep blic of

the Philippines with the prior conc rrence of the ?onetary 4oard# and

-20 , bject to s ch limitations as may be provided by law.

S! $i # 215 F %!i+# R! *$i #s P .!%s i# !:

-10 Power to negotiate treaties and other international agreements

-a0 4CT: , ch treaty of international agreement m st be conc rred in by at least2K3 of all ,enators in order to be valid and effective in o r co ntry.






-b0 <ptions of ,enate when a treaty is s bmitted for its approval:-i0 Approve with 2K3 majority#

-ii0 Bisapprove o tright# or -iii0 Approve conditionally with s ggested amendments.

-c0 %f treaty is not re8negotiated no treaty

-d0 %f treaty is re8negotiated and the ,enateEs s ggestions are incorporated thetreaty will go into effect witho t need of f rther ,enate approval.

N $!: While o r m nicipal law ma@es a distinction between international agreementsand e7ec tive agreements with the former re5 iring ,enate approval and the latter notneeding the same nder international law there is no s ch distinction.

N $!: The President cannot by e7ec tive agreement nderta@e an obligation whichindirectly circ mvents a legal prohibition.

-e0 "onflict between treaty and m nicipal law.

-i0 Philippine co rt:

The later enactment will prevail be it treaty or law as it is the lateste7pression of the ,tateEs will.

-ii0 %nternational trib nal

Treaty will always prevail. A ,tate cannot plead its m nicipal law to j stifynoncompliance with an international obligation.

-20 Power to appoint ambassadors other p blic ministers and cons ls.

-30 Power to receive ambassadors and other p blic ministers accredited to thePhilippines.

-!0 Power to contract and g arantee foreign loans on behalf of the 'ep blic

-$0 Power to deport aliens

-a0 This power is vested in the President by virt e of his office s bjectonly to restrictions as may be provided by legislation as regards thegro nds for deportation.

-b0 %n the absence of any legislative restriction to a thority the Presidentmay still e7ercise this power.

-c0 The power to deport aliens is limited by the re5 irements of d eprocess which entitles the alien to a f ll and fair hearing.

4CT: The alien is not entitled to bail as a matter of right.

ARTICLE VIII5 THE GUDICIAL DEPARTMENT

S EC 5 15 GUDICIAL POWER

S !:

1. H dicial power is the a thority to settle j sticiable controversies or disp tes involvingrights that are enforceable and demandable before the co rts of j stice or the redressof wrongs for violations of s ch rights.

2. >ested in the , preme "o rt and s ch lower co rts as may be established by law.

3. ,ince the co rts are given j dicial powerE and nothing more co rts may neitherattempt to ass me or be compelled to perform non8j dicial f nctions. They may notbe charged with administrative f nctions e7cept when reasonably incidental to thef lfillment of their d ties.






!. %n order that co rts may e7ercise this power there m st e7ist the following:

a. An act al controversy with legally demandable and enforceable rights#b. %nvolving real parties in interest#c. The e7ercise of s ch power will bind the parties by virt e of the co rtEs

application of e7isting laws.

$. H dicial power cannot be e7ercised in vac m. Witho t any laws from which rightsarise and which are violated there can be no reco rse to the co rts.

&. The co rts cannot be as@ed for advisory opinions.

. H dicial power incl des:

a. The d ty of the co rts to settle act al controversies involving rights which arelegally demandable and enforceable# and

b. To determine whether or not there has been a grave ab se of discretionamo nting to lac@ or e7cess of j risdiction on the part of any branch orinstr mentality of the government.

P i$i * !s$i #s:

1. A political 5 estionE is one the resol tion of which has been vested by the"onstit tion e7cl sively in either the people in the e7ercise of their sovereigncapacity or in which f ll discretionary a thority has been delegated to a co8e5 al

branch of the overnment.2. Th s while co rts can determine 5 estions of legality with respect to governmental

action they cannot review government policy and the wisdom thereof for these5 estions have been vested by the "onstit tion in the *7ec tive and +egislativeBepartments.

S EC 5 25 ROLES OF CON7RESS

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

2. Betermining the co rt with j risdiction to hear and decide controversies or disp tes

arising from legal rights.3. Th s "ongress has the power to define prescribe and apportion the j risdiction ofvario s co rts.

!. 4CT "ongress cannot deprive the , preme "o rt of its j risdiction over casesprovided for in the "onstit tion.

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

organi9e co rts.b. 4CT this power cannot be e7ercised in a manner which wo ld ndermine

the sec rity of ten re of the j diciary.c. %f the abolitionKre8organi9ation is done in good faith and not for political or

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

S EC 5 =5 FISCAL AUTONOMY

1. The entire j diciary shall enjoy fiscal a tonomy.2. Ann al appropriations for the j diciary cannot be red ced below the amo ntappropriated for the previo s year.3. <nce approved appropriations shall be a tomatically and reg larly released.



$$P O L I T I C A L L AW ( C O N S T I T U T I O N A L L A W )



S EC 5 105 SALARIES

1. ,alaries of ," H stices and j dges of lower co rts shall be fi7ed by law.2. "annot be decreased d ring their contin ance in office b t can be increased.3. ?embers of the H diciary are )<T e7empt from payment of income ta7.

S EC 5 115 TENURE>DISCIPLINARY POWERS OF SC

1. ?embers of the ," and j dges of the lower co rts hold office d ring good behaviorntil

a. The age of years old# or b. They become incapacitated to discharge their d ties.

2. Bisciplinary action against j dges of lower co rts:

a. <nly the ," en banc has j risdiction to discipline or dismiss j dges of lowerco rts.b. Bisciplinary actionKdismissal: ?ajority vote of ," H stices who too@ part in

the deliberations and voted therein.

3. 'emoval of ," H stices:

a. <nly by %?P*A"D?*)T.b. "annot be disbarred while they hold office.

S ECS 5 @ 8 1=5 THE SUPREME COURT

H!*%i#+ " *s!s:1. *n banc# or 2. Bivisions of 3 $ or .

C*s!s %!9 i%! $ 6! '!*% !# 6*# :

1. All cases involving constit tionality of aKan:a. Treatyb. %nternational or e7ec tive agreement or c. +aw.

2. All cases re5 ired to be heard en banc nder the ' les of "o rt:a. Appeals from Sandiganbayan # andb. (rom the "onstit tional "ommissions

3. All cases involving the constit tionality application or operation ofa. Presidential decreesb. Proclamationsc. <rdersd. %nstr ctionse. <rdinances# andf. <ther reg lations.

!. "ases heard by a division where re5 ired majority of 3 was not obtained.

$. "ases where ," modifies or reverses a doctrine or principle of law laid down by the," en banc or by a division.

&. Administrative cases to discipline or dismiss j dges of lower co rts# and

. *lection contests for President and >ice8President.



$&P O L I T I C A L L AW ( C O N S T I T U T I O N A L L A W )



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

1. ? st be decided with the conc rrence of a majority of the members who too@ part inthe deliberations and voted thereon.2. ?ajority vote in a division sho ld be at least 3 members.

P .!%s " $'! SC

1. ," has <'% %)A+ j risdiction over a. "ases affecting ambassadors other p blic ministers and cons ls.

)ote: This refers to foreign ambassadors etc. stationed in thePhilippines.

b. Petitions for certiorari prohibiton mandam s 5 o warranto and habeascorp s.

2. ," has APP*++AT* j risdiction over final j dgments and orders in the following:

a. All cases involving the constit tionality or validity of anyi. treatyii. international or e7ec tive agreementiii. lawiv. presidential decreev. proclamationvi. order vii. instr ctionviii. ordinance or

i7. reg lation#b. All cases involving the legality of any

i. ta7ii. impostiii. assessment or iv. toll or v. any penalty imposed in relation thereto#

c. All cases in which the j risdiction of any lower co rt is in iss e

d. "riminal cases where the penalty imposed is recl sion perpet a or higher# and

e. All cases where <)+= errors or 5 estions of law are involved.

3. Temporarily assign lower co rt j dges to other stations in the p blic interest.)ote: Temporary assignment shall not e7ceed & months witho t the consent ofthe j dge concerned.

!. <rder a change of ven e or place of trial to avoid a miscarriage of j stice.

$. Prom lgate r les concerning:a. The protection and enforcement of constit tional rights#b. Pleading practice and proced re in all co rts#c. Admission to the practice of law#d. The %ntegrated 4ar# ande. +egal assistance to the nderprivileged.

+imitations on ' le ?a@ing Power

a. %t sho ld provide a simplified and ine7pensive proced re for the speedydisposition of cases.

b. %t sho ld be niform for all co rts of the same grade.c. %t sho ld not diminish increase or modify s bstantive rights.






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

. *7ercise administrative s pervision over A++ co rts and the personnel thereof.

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

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

2. A certification to this effect m st be signed by the "hief H stice and attached to therecord of the case and served pon the parties.

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

)ote: This proced re shall also be observed by all lower collegiate co rts -"A "TAand the Sandiganbayan 0.

GUDICIAL REVIEW

D!"i#i$i #

1. H dicial 'eview is the power of the ," to declare a law treaty ordinance etc.nconstit tional.

2. +ower co rts may also e7ercise the power of j dicial review s bject to the appellate j risdiction of the ,".

3. <nly ," decisions are precedent and th s only ," decisions are binding on all.R!9 isi$!s "ode: A R S C R

1. An A"TCA+ "A,* calling for the e7ercise of j dicial power 2. The 5 estion involved m st be R%P* (<' ABHCB%"AT%<) i.e. the government act

m st have had an adverse effect on the person challenging it.3. The person challenging the governmental act m st have S TA)B%) E i.e. a personal

and s bstantial interest in the case s ch that he has s stained or will s stain directinj ry as a res lt of its enforcement.

!. The 5 estion of C nstit tionality m st be raised in the first instance or at the earliestopport nity.

$. Resol tion of the iss e of constit tionality is navoidable or is the very lis mota.E""! $ " * ! *%*$i # " # #s$i$ $i #* i$/:

1. Prior to the declaration that a partic lar law is nconstit tional it is considered as anoperative factE which at that time had to be complied with.

2. Th s vested rights may have been ac5 ired nder s ch law before it was declarednconstit tional.

3. These rights are not prej diced by the s bse5 ent declaration that the law isnconstit tional.

S EC 5 1@5 DECISIONS

1. Becisions ?C,T state clearly and distinctly the facts and the law on which it is based.2. 'ef sal to give d e co rse to petitions for review and motions for reconsideration

m st state the legal basis for s ch ref sal.3. ?emorand m decisions where the appellate co rt adopts the findings of fact and law

of the lower co rt are allowed as long as the decision adopted by reference isattached to the ?emorand m for easy reference.

!. These r les only apply to co rts. They do not apply to 5 asi8j dicial or administrativebodies nor to military trib nals.






ARTICLE I – THE CONSTITUTIONAL COMMISSIONS

S! $i # 15 C #s$i$ $i #* C 44issi #s

I# ! !# !#$ C #s$i$ $i #* C 44issi #s :

10 "ivil ,ervice "ommission -","020 "ommission on *lections -"<?*+*"030 "ommission on A dit -"<A0

W'/ I# ! !# !#$

They perform vital f nctions of government. Their integrity is protected by the fact thatthey:

10 Are constit tionally created -,ec. 1020 Dave independent powers of appointment -,ec. !030 *ach "ommission may prom lgate its own proced ral r les -,ec. &0!0 (iscal a tonomy -,ec. $0$0 ,alaries may not be diminished d ring their office -,ec. 30&0 "ommissioners have a fi7ed term

0 "ommissioners are removable by impeachment only.

S! $i # 25 DIS UALIFICATIONS

Dis -alificatio s/?embers cannot d ring their ten re:

10 Dold any other office or employment#20 *ngage in the practice of any profession#30 *ngage in the active management or control of any b siness which in any

way may be affected by the f nctions of their office# and!0 4e financially interested direct or indirect in any contract franchise privilege

granted by the government any of its s bdivisions agenciesinstr mentalities incl ding <""Ss and their s bsidiaries.

&ote. The <mb dsman and his dep ties are s bject to the same 5 alifications.

S! $i # =5 SALARIES

S* *%i!s

10 ,alaries are fi7ed by law and shall not be decreased d ring their T*)C'*.20 Becreases in salaries only affect those members appointed A(T*' increase.30 %nc mbent members do not lose any salary.!0 %ncreases ta@e effect %??*B%AT*+=.

S! $i # 5 RULES OF PROCEDURE

P% ! %!s:

10 ' les: The "ommissions may prom lgate its own r les *) 4A)".20 +imitation: %t shall not:

a0 Biminishb0 %ncrease or c0 ?odify s bstantive rights.



$/P O L I T I C A L L AW ( C O N S T I T U T I O N A L L A W )



30 Power of ,"

a0. The ," may not nder Art. >%%% ,ec. $-$0 e7ercise the power to disapprover les of Ospecial co rts and 5 asi8j dicial bodies.Ob0. %n proceedings before the "ommissions the r les of the "ommission prevail.

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

S! $i # 5 DECISION MA IN7>APPEAL

D! isi # M*?i#+:

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

"<?*+*" may sit en banc or in 2 divisions.*lection cases incl ding pre8proclamation controversies are decided indivision with motions for reconsideration filed to the "<?*+*" en banc.The ," has held that a majority decision decided by a division of the"<?*+*" is a valid decision.

20 As "<++* %A+ 4<B%*, each commission m st act as one and no one member candecide a case for the entire commission. -i.e. The "hairman cannot ratify a decisionwhich wo ld otherwise have been void0.

A !* s:

10 Becisions orders or r lings of the "<?*+*"K"<A may be bro ght on certiorari tothe ," nder ' le &$.

20 Becisions orders or r ling of the "," sho ld be appealed to the "A nder ' le !3.

E#" % !4!#$:

%t has been held that the "," can iss e a writ of e7ec tion to enforce j dgments which are final.

THE CIVIL SERVICE COMMISSION

S! $i # 15 COMPOSITION> UALIFICATIONS>TERM

C 4 si$i #: 10 "hairman20 "ommissioners 6 2 commissioners

* i"i *$i #s:

10 )at ral8born citi9ens of the Philippines#20 At least 3$ years old at the time of their appointments#30 With proven capacity for p blic administration# and

!0 )<T candidates for any elective position in the elections immediately preceding theirappointment.$0 Appointees by the President to the "," need "ommission on Appointments -"A0confirmation

T!%4:

10 "hairman 8 years# "ommissioner1 8 $ yrs# "ommissioner2 8 3 yrs20 +imitation: single term only no reappointment30 Appointment to vacancy: only for ne7pired term of predecessor !0 )o temporary appointments or appointments in acting capacity.






S! $i # 25 S !:

The "ivil ,ervice embraces all:

A. branches4. s bdivisions". instr mentalitiesB. agencies of the government*. incl ding <""s with original charters.

1.OWith <riginal "harterO means that the <"" was created by speciallawKby "ongress

2. %f incorporated nder the "orporation "ode it does not fall within the"ivil ,ervice and is not s bject to the "," j risdiction.

3. *ven if once government8controlled then becomes privati9ed ceasesto fall nder ",".!. H risdiction is determined as of the time of filing the complaint.

A i#$4!#$s $ i-i s!%-i ! s'* 6!:

A. "ompetitive positions According to merit and fitness to be determined by competitive e7aminationsas far as practicable e7cept to positions which are policy8determiningprimarily confidential or highly technical.

4. )on8competitive positions

10. )o need for competitive e7aminations.20. 3 @inds

a0 Policy8determining 8 form late a method of action for the govSt

b0 Primarily confidential 8 more than ordinary confidence# closeintimacy ins res freedom of interco rsewitho t betrayals of personal tr st...

c0 Dighly technical 8 re5 ires technical s@ill to a s perior degree.

". The T*,T to determine whether nonKcompetitive is the )at re of the responsibilities)<T the administrative or legislative description given to it.

B. 4oth types of positions are entitled to sec rity of ten re. They only differ in the?A))*' in which they are filled.

*. Who may be appointed:

10. 'C+*: Whoever f lfills all the 5 alifications prescribed by law for a partic larposition may be appointed therein.

20. The "," cannot disapprove an appointment j st beca se another person isbetter 5 alified as long as the appointee is himself 5 alified.

30. The "," "A))<T add 5 alifications other than those provided by law.

(. )e7t8%n8'an@ ' leWhile a person ne7t in ran@ is entitled to preferential consideration it doesnot follow that only he and no one else can be appointed. , ch person hasno vested right to the position and the appointing a thority is not bo nd toappoint the person ne7t in ran@.



&1P O L I T I C A L L AW ( C O N S T I T U T I O N A L L A W )



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

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

1. *ntrance on bases <TD*' than s altests of merit and fitness.

2. *ntitled to sec rity of ten re 2. Ten re limited to:a0 Period specified by lawb0 "otermino s with the appointing

a thority or s bject to his pleas reor

c0 +imited to the d ration of apartic lar project for which p rpose

the employment was made.3. With opport nity for advancement tohigher career positions.

S! %i$/ " T!# %!:

10 <fficers or employees of the "ivil ,ervice cannot be removed or s spended *I"*PTfor ca se provided by law. %t g arantees both proced ral and s bstantive d eprocess.

20 (or O+* A+ "AC,*O 8 "a se is:

a0. related to and affects the administration of office and

b0. m st be s bstantial -directly affects the rights R interests of the p blic0

30 ,ec rity of ten re for )on8competitive positions

a0. Primarily confidential officers and employees hold office only for so long asconfidence in them remains.

b0. %f there is *)C%)* loss of confidence there is no removal b t the e7pirationof the term of office

c0. )on8career service officers and employees do not enjoy sec rity of ten re. d0. Political appointees in the foreign service possess ten re cotermino s with

that of the appointing a thority or s bject to his pleas re.

!0 <ne m st be >A+%B+= APP<%)T*B to enjoy sec rity of ten re. Th s one who is notappointed by the proper appointing a thority does not ac5 ire sec rity of ten re.

A6 i$i # " O""i !

To be valid abolition m st be made:

-a0 %n good faith# -good faith is pres med0-b0 )ot for political or personal reasons# and-c0 )ot in violation of law.

T!4 %*%/ !4 /!!s *%! -!%! 6/ $'! " .i#+ % !s:

10. )ot protected by sec rity of ten re 8 can be removed anytime even witho t ca se20. %f they are separated this is considered an e7piration of his term.30. 4CT: They can only be removed by the one who appointed them.!0. *ntitled only to s ch protection as may be provided by law.

N ""i !% % !4 /!! i# $'! Ci-i S!%-i ! s'* !#+*+! i# *#/ ! ! $i #!!%i#+ % i#*%$is*# i$i * * $i-i$/

10 "annot solicit votes in favor of a partic lar candidate.20 "annot give campaign contrib tions or distrib te campaign materials.30 4CT: Allowed to e7press views on political iss es and to mention the names of the

candidates whom he s pports.






!0 Prohibition does not apply to department secretaries

Ri+'$ $ %+*#i<!

The right to organi9e does )<T incl de the right to stri@e

S! $i #s 5 DIS UALIFICATIONS

Dis9 * i"i *$i #s

10 +osing candidates in any election

a0. "annot be appointed to any office in the government or <""Ss or theirs bsidiaries

b0. Period of dis5 alification: <ne -10 year after s ch election.

20 *lective officials

a0. )ot eligible for appointment or designation A)= "APA"%T= to A)= PC4+%"<((%"* or position d ring their ten re.

b0. *I"*PT%<): ?ay hold e7 officio positions.*7amples:

The >ice President may be appointed "abinet member "ongressman may sit in the H dicial and 4ar "o ncil

c0. To be eligible to hold any other office the elected official m st first resign his

office d0. *ven "ongress cannot by law a thori9e the appointment of an elective

official.

30. Appointive officials

a0. "annot hold any other office or employment in the government anys bdivision agency instr mentality incl ding <""Ss and theirs bsidiaries.

b0. *I"*PT%<): Cnless otherwise allowed by law or by the primary f nctions ofhis position.

c0. This e7ception B<*, )<T APP+= to "abinet members and those officers

mentioned in Art. >%% ,ec. 13. They are governed by the stricter prohibitionscontained therein.

S! $i # 5 COMPENSATION

10 Prohibitions: applies to elected or appointed officers and employees

"annot receive: A. Additional 8 an e7tra reward given for the same office i.e. bon s4. Bo ble 8 when an officer is given 2 sets of compensation for 2

different offices held conc rrently by 1 officer ". %ndirect "ompensation

20 *I"*PT%<): Cnless specifically a thori9ed by law

A. O,P*"%(%"A++= ACTD<'% *BO means a specific a thority partic larlydirected to the officer or employee concerned.

4. 4CT: per diems and allowances given as '*%?4C',*?*)T for e7pensesact ally inc rred are not prohibited

30 "annot accept any present emol ment office title of any @ind from foreigngovernments C)+*,, with the consent of "ongress.

!0 Pensions and grat ities are )<T considered as additional do ble or indirect

compensation.






THE COMMISSION ON ELECTIONS

S! $i # 15 COMPOSITION> UALIFICATIONS>TERM

C 4 si$i #: ( )

10"hairman and20"ommissioners -&0

* i"i *$i #s:

10 )at ral8born citi9ens of the Philippines#20 At least 3$ years old at the time of appointment30 Dolders of college degrees# and

!0 )ot candidates for any elective position in the immediately preceding elections.$0 ?ajority of the "ommission incl ding the "hairman m st be:a0. ?embers of the Philippines 4ar b0. *ngaged in the practice of law for at least 1 years: Fany activity in or o t of

co rt which re5 ires the application of law legal proced re @nowledgetraining and e7perience.G

&0 Appointments s bject to "A approval

T!%4:

10 "hairman 8 yrs# 3 ?embers 8 yrs# 2 ?embers 8 $ yrs# 1 ?ember 8 3 yrs.20 +%?%TAT%<): ,ingle term only: no reappointment allowed

30 Appointment to a vacancy: only for ne7pired portion of predecessorEs term!0 )o temporary appointments or appointments in acting capacity

a0. Th s the President cannot designate an inc mbent commissioner asacting "hairman.

b0. The choice of temporary chairman falls nder the "<?*+*"Esdiscretion.

S! $i # 25 POWERS AND FUNCTIONS

P .!%s:

10 *nforce and administer all laws and reg lations relative to the cond ct of an electionplebiscite initiative referend m and recall.

-a0 *7: "<?*+*" can enjoin constr ction of p blic wor@s within !$ days of anelection.

30 *7ercise:

A. *7cl sive original j risdiction over all contests relating to the elections ret rnsand 5 alifications of all elective

1. 'egional2. Provincial and3. "ity officials

4. Appellate j risdiction over all contests involving:

1. *lective m nicipal officials decided by trial co rts of general j risdiction2. *lective barangay officials decided by trial co rts of limited j risdiction.

". Becisions final orders or r lings of the "ommission on election contestsinvolving elective m nicipal and barangay offices shall be final e7ec tory andnot appealable.

*7ception: Appealable to the ," on 5 estions of law.



&!P O L I T I C A L L AW ( C O N S T I T U T I O N A L L A W )



B. "ontempt powers

1. "<?*+*" can e7ercise this power only in relation to its adj dicatoryor 5 asi8j dicial f nctions. %t "A))<T e7ercise this in connection withits p rely e7ec tive or ministerial f nctions.

2. %f it is a pre8proclamation controversy the "<?*+*" e7ercises 5 asi8 j dicialKadministrative powers.

3. %ts j risdiction over contestsE -after proclamation0 is in e7ercise of its j dicial f nctions.

*. The "<?*+*" may iss e writs of certiorari prohibition and mandam s ine7ercise of its appellate j risdiction. This is not an inherent power.

30 Becide e7cept those involving the right to vote all 5 estions affecting elections

incl ding determination of the n mber and location of polling places appointment ofelection officials and inspectors and registration of voters.

&ote. J estions involving the right to vote fall within the j risdiction of the ordinaryco rts.

!0 Bep ti9e with the conc rrence of the President law enforcement agencies andinstr mentalities of the overnment incl ding the Armed (orces of the Philippinesfor the e7cl sive p rpose of ens ring free orderly honest peacef l and credibleelections.

a0. This power is )<T limited to the election period.

b0. Applies to both criminal and administrative cases.$0 'egistration of political parties organi9ations or coalitionsKaccreditation of citi9ensE

arms of the "ommission on *lections.

a0. The political parties etc. m st present their platform or program ofgovernment.

b0. There sho ld be s fficient p blicationc0. ro ps which cannot be registered:

i. 'eligio s denominationsKsects ii. ro ps which see@ to achieve their goals thro gh violence or nlawf l

meansiii. ro ps which ref se to phold and adhere to the "onstit tioniv. ro ps which are s pported by any foreign government.

d0. 4CT: Political parties with religio s affiliation or which derive their principlesfrom religio s beliefs are registerable.

e0. (inancial contrib tions from foreign governments and their agencies topolitical parties organi9ations coalitions or candidates related to electionsconstit te interference in national affairs. %f accepted it is an additionalgro nd for the cancellation of their registration with the "ommission inaddition to other penalties that may be prescribed by law.

&0 (ile pon a verified complaint or on its own initiative petitions in co rt for incl sionof e7cl sion of voters# investigate and where appropriate prosec te cases ofviolations of election laws incl ding acts or omissions constit ting elections fra dsoffenses and malpractices.

A. "<?*+*" has e7cl sive j risdiction to investigate and prosec te cases forviolations of election laws.

4. "<?*+*" can dep ti9e prosec tors for this p rpose. The actions of theprosec tors are the actions of the "<?*+*"

". Preliminary investigation cond cted by "<?*+*" is valid.



&$P O L I T I C A L L AW ( C O N S T I T U T I O N A L L A W )



0 'ecommend to the "ongress effective meas res to minimi9e election spendingincl ding limitation of places where propaganda materials shall be posted and to

prevent and penali9e all forms of election fra ds offenses malpractices andn isance candidacies.

0 'ecommend to the President the removal of any officer or employee it hasdep ti9ed or the imposition of any other disciplinary action for violation or disregardor or disobedience to its directive order or decision.

/0 , bmit to the President and the congress a comprehensive report on the cond ct ofeach election plebiscite initiative referend m or recall.

S! $i # =5 RULES OF PROCEDURE>DECISION MA IN7

R !s " P% ! %!

10 "<?*+*" can sit en banc or in two divisions20 %t has the power to prom lgate its own r les of proced re in order to e7pedite

disposition of election cases incl ding pre8election controversies.

D! isi # M*?i#+

10 *lection cases sho ld be heard and decided in division. Provided that20 ?otions for reconsideration of decisions sho ld be decided by "<?*+*" en banc.30 GBecisionsG mean resol tions on s bstantive iss es.!0 %f a division dismisses a case for fail re of co nsel to appear the ?otion for

'econsideration here may be heard by the division.$0 *I"*PT%<): "<?*+*" en banc may directly ass me j risdiction over a petition tocorrect manifest errors in the tallying of res lts by 4oard of "anvassers.

S! $i # @5 SUPERVISION>RE7ULATION OF FANCHISES > PERMITS > 7RANTS >SPECIAL PRIVILE7ES > CONCESSIONS

R!+ *$i # " "%*# 'is!s

A. What can "<?*+*" s pervise or reg late

10. The enjoyment or tili9ation of all franchises or permits for the operation of

transportation and other p blic tilities media of comm nication orinformation.20. rants special privileges or concessions granted by the overnment or any

s bdivision agency or instr mentality thereof incl ding any <"" or itss bsidiary

4. When can "<?*+*" e7ercise this power

10. B ring the election period

a0. Cnder Article I% ,ection / the election period commences / daysbefore

the day of the election and ends 3 days thereafter.b0. %n special cases "<?*+*" can fi7 a period.

20. Applies not j st to elections b t also to plebiscites and referenda. 30. Plebiscite . , bmission of constit tional amendments or important legislative

meas res to the people ratification!0. 'eferend m . power of the electorate to approve or reject legislation thro gh

an election called for that p rpose.



&&P O L I T I C A L L AW ( C O N S T I T U T I O N A L L A W )



COMELEC *# $'! MEDIA

10. "<?*+*" cannot compel print media to donate free space to the "<?*+*". %tmay however compel it to provide space after paying j st compensation.20. Power of "<?*+*" is over franchises and permits )<T individ als. (or

e7ample "<?*+*" may not reg late media practitioners for this wo ld violatethe freedom of e7pression.

S! $i # 5 N *% #8 *4#!s$/8 *% !8 % s s !#si # " s!#$!# ! " % -i *$i # "! ! $i # *.s8 % !s8 *# %!+ *$i #s s'* 6! +%*#$! 6/ $'! P%!si !#$ .i$' $ $'!"*- %*6 ! %! 44!# *$i # " $'! C 44issi #5

S! $i #

D!"i#i$i # " P i$i * P*%$/

organi9ed gro p of persons p rs ing the same political ideals in agovernment and incl des its branches and divisions

I4 %$*# ! " %!+is$%*$i # " * i$i * *%$/

10 'egistration confers j ridical personality on the party.20 %t informs the p blic of the partySs e7istence and ideals.30 %t identifies the party and its officers for p rposes of reg lation by the "<?*+*".

S! $i # 5 N - $!s *s$ i# "*- % " * i$i * *%$/8 %+*#i<*$i #8 % * i$i #

s'* 6! -* i 8 ! ! $ " % $' s! %!+is$!%! # !% $'! *%$/ is$ s/s$!4 *s % -i !i# $'is C #s$i$ $i #5

P% 'i6i$i # # 6 ? - $i#+

10 eneral r le: 4loc@ voting )<T allowed20 *I"*PT%<): those registered nder the party8list system

S! $i # 5 PARTY LIST SYSTEM

N Ri+'$ $ 6! R! %!s!#$! i# V*%i s B *% s

Political parties organi9ations or coalitions registered nder the party8listsystem shall )<T be represented in the following:

10. >otersE registrations boards20. 4oards of election inspectors30. 4oards of canvassers or !0. <ther similar bodies.

P W*$ '!%s

Political parties etc. are entitled to appoint poll watchers in accordance withlaw.

S! $i # 105 B #* "i ! *# i *$!s " % *#/ 6 i ""i ! s'* 6! "%!! "% 4 *#/ " %4" '*%*ss4!#$ *# is %i4i#*$i #5

This section does not give candidates imm nity from s it.Biscrimination incl des ne5 al treatment in the availment of media facilities.






30 %f "<A finds internal control system of a dited agencies as inade5 ate "<A mayadopt meas res incl ding temporary or special pre8a dit as may be necessary.

!0 Neep the general acco nts of the government preserving vo chers and others pporting papers pertaining thereto.

$0 *7cl sive a thority to define the scope of "<AEs a dit and e7amination and toestablish the techni5 es and methods re5 ired therefor.

&0 Prom lgate acco nting and a diting r les and reg lations.

A. %ncl ding those for the prevention or disallowance of irreg lar nnecessarye7cessive e7travagant or nconscionable e7pendit res or ses ofgovernment f nds and properties.

4. (ail re to comply with these r les can be a gro nd for disapproving thepayment of a proposed e7pendit re.

&ote.

10 The f nctions of "<A can be classified as:

A. *7amine and a dit all forms of government reven es#4. *7amine and a dit all forms of govEt e7pendit res". ,ettle govEt acco ntsB. Prom lgate acco nting and a diting r les -incl ding those for the prevention

of irreg larUe7pendit res.

*. To decide administrative cases involving e7pendit res of p blic f nds.20 "<A can settle only +%JC%BAT*B A""<C)T, or those acco nts which may be

adj sted simply by arithmetic process.

30 "<A has a thority not j st over acco ntable officers b t also over other officers whoperform f nctions related to acco nting s ch as verification of eval ations andcomp tation of fees collectible and the adoption of internal r les of control.

!0 "<A does not have the power to fi7 the amo nt of an nfi7ed or ndetermined debt.

$0 Where the following re5 irements are complied with it becomes the ministerial d ty

of the "<A to approve and pass in a dit vo chers for payment: A. There is a law appropriating f nds for a partic lar p rpose#4. There is a contract made by the proper officer entered into in conformity with

the above8mentioned law#". The goods or services covered by s ch contract have been delivered or

rendered in p rs ance to s ch contract as attested by the proper officer# andB. Payment has been a thori9ed by officials of the corresponding department or

b rea .

&0 Prosec tors may still review acco nts already settled and approved by "<A for thep rpose of determining possible criminal liability. This is beca se "<AEs interest ins ch acco nts is merely administrative.

0 "<A has the power to determine the meaning of p blic biddingE and whatconstit tes fail re when reg lations re5 ire p blic bidding for the sale of governmentproperty.

S! $i # =5 N *. s'* 6! *ss! ! !4 $i#+ *#/ !#$i$/ " $'! 7 -!%#4!#$ % i$ss 6si i*%/ i# *#/ + is! .'*$!-!%8 % *#/ i#-!s$4!#$ " 6 i " # s8 "% 4 $'!

%is i $i # " $'! C 44issi # # A i$5



&/P O L I T I C A L L AW ( C O N S T I T U T I O N A L L A W )



ARTICLE : LOCAL 7OVERNMENT

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

C 4 si$i #:

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

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

10 ? slim ?indanao and20 "ordileras At present it is only the "ordilera AB?%)%,T'AT%>* region;

&ote : 10 A third a tonomo s regions wo ld re5 ire a consti tional amendment.20 These political s bdivisions created by the "onstit tion cannot be replaced by

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

entire class of + CEs

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

10 All political s bdivisions shall enjoy local a tonomy20 This does not mean that the + CEs are completely free from the central government.

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

S EC 5 =5 C #+%!ss s'* !#* $ * * + -!%#4!#$ ! .'i ' s'* % -i ! " % *4 %! %!s #si-! *# * #$*6 ! * + -!%#4!#$ s$% $ %! i#s$i$ $! $'% +' *s/s$!4 " ! !#$%* i<*$i # .i$' !""! $i-! 4! '*#is4s " %! * 8 i#i$i*$i-!8 *#%!"!%!# 48 * *$! *4 #+ $'! i""!%!#$ * + -!%#4!#$ #i$s $'!i% .!%s8%!s #si6i i$i!s8 *# %!s % !s8 *# % -i ! " % $'! 9 * i"i *$i #s8 ! ! $i #8* i#$4!#$ *# %!4 -* 8 $!%48 s* *%i!s8 .!%s *# " # $i #s *# $i!s " *

""i i* s8 *# * $'!% 4*$$!%s %! *$i#+ $ $'! %+*#i<*$i # *# !%*$i # " $'!* #i$s5

S! $i # @5 PRESIDENTIAL SUPERVISION OF L7US

S !%-isi # " P%!si !#$

10 The President e7ercises general s pervision over all + Cs20 The President e7ercises B%'*"T s pervision over

A. Provinces4. A tonomo s regions and". %ndependent cities.

30 This power is limited to ens ring that lower officers e7ercise their f nctions inaccordance with law.

!0 The president cannot s bstit te his j dgment for that of an + C official nless thelatter is acting contrary to law.

$0 The President may however impose administrative sanctions against + C officialss ch as s spension for 12 days and may even remove them from their posts inaccordance with law.

&0 Provinces e7ercise direct s pervision over component cities and m nicipalities.





0 "ities and m nicipalities e7ercise direct s pervision over component barangays.

S! $i # 5 EACH LOCAL 7OVERNMENT SHALL HAVE THE POWER TO CREATEOWN SOURCES OF REVENUE>LEVY TA ES8 FEES AND CHAR7ES ETC5

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

10 %t is s bject to s ch g idelines and limitations as "ongress may provide. ,ee +ocalovernment "ode for e7amples.

20 The g idelines set by "ongress sho ld be consistent with the basic policy of locala tonomy.

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

The ta7es fees and charges shall accr e e7cl sively to the local governments.

S! $i # 5 L7Us SHALL HAVE A GUST SHARE IN NATIONAL TA ES8 ASDETERMINED BY LAW8 WHICH SHALL BE AUTOMATICALLY RELEASEDTO THEM

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

10 ,hare of + Cs in national ta7es is limited to the internal reven e ta7es.20 The share of each + C sho ld be released witho t need of any f rther action

directly to the provincial city m nicipal or barangay treas rer. 'elease is made ona 5 arterly basis within $ days after the end of each 5 arter.

30 The share of each + C sho ld not be s bject to any lien or holdbac@ that may beimposed by the national government for whatever p rpose.!0 *ach + C sho ld appropriate in its ann al b dget at least 2 Q of its ann al %'A for

development projects.

$0 Adj stments in %'A A. ro nd: Cnmanageable p blic section deficit4. President can ma@e the necessary adj stments in the %'A pon the

recommendation of the following:

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

3. B4? ,ecretary&0 %'A considered for p rposes of conversion from one political s bdivision to the ne7t.

-Alvare9 v. ingona0

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

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

10 + Cs are entitled to an e5 itable share in the proceeds of the tili9ation anddevelopment of the national wealth within their respective areas in the mannerprovided by law.

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

U# !% $'! L7C

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

A. ?ining ta7es4. 'oyalties". (orestry and fishery chargesB. <ther ta7es fees and charges*. ,hare in any co8prod ction joint vent re or prod ction sharing agreement in

the tili9ation and development of the national wealth wKin their territorial j risdiction






S EC 5 5 TERM OF OFFICE

T!%4 " O""i !

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

Li4i$*$i #s:

10 )o elective official shall serve for more than 3 consec tive terms20 >ol ntary ren nciation of office for any length of time shall not be considered as an

interr ption in the contin ity of his service for the f ll term for which he was elected.

S EC 5 J5 SECTORAL REPRESENTATION IN L7US

L!+is *$i-! 6 i!s " $'! * + -!%#4!#$s s'* '*-! S! $ %* R! %!s!#$*$i #( # !% $'! L7C) *s 4*/ 6! % -i ! 6/ *.

There sho ld be representatives from:

10 The womenEs sector 20 The wor@ers30 Third sector -can choose from any of the following0

A0 Crban poor 40 %ndigeno s c lt ral comm nities"0 Bisabled personsB0 Any other sector as may be determined by the sangg nian

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

S EC 5 105 C%!*$i #8 *6 i$i # *# i-isi # " L7UKs

;9 Re/uisites

A. "ompliance with the re5 irements of the +ocal overnment "ode# and4. Approved by a majority of the votes cast in a plebiscite held in the political

nits B%'*"T+= affected.

20 Th s a province is s pposed to be divided into 2 separate provinces plebiscite will

incl de voters of the *)T%'* province and not j st the area to comprise the newprovince.30 + " re5 irements relate to matters s ch as pop lation reven e and area

re5 irements.

S! 5 115 M!$% i$*# i$i * s 6 i-isi #s

C%!*$i #:

10 "ongress may create special metropolitan political s bdivisions by law.20 %t is s bject to a plebiscite

G %is i $i # " M!$% i$*# * $' %i$/%t is limited to basic services re5 iring coordination.

B*si A $ # 4/ " C 4 #!#$ Ci$i!s *# M #i i * i$i!s

10 The component cities and m nicipalities retain their basic a tonomy20 They shall be entitled to their own local e7ec tive and legislative assemblies.






F* $ %s:

10 Distorical heritage20 " lt ral heritage30 *conomic and social str ct res!0 <ther relevant characteristics within:

A. The framewor@ of the consitit tion4. )ational sovereignty". Territorial integrity.

C%!*$i #:

10 Provided by law.20 *((*"T%>%T= of s ch creation occ rs only when it is approved by a majority of the

votes cast in a plebiscite held among the constit ent nits.30 <nly those Provinces "ities and eographical Areas voting favorably in s chplebiscite shall form part of the a tonomo s region.

!0 %f only 1 province approved the law )< ACT<)<?<C, '* %<) created since theconstit tion re5 ires more than one province to constit te one -li@e what happened inthe "ordillera plebiscite0

$0 The 5 estion of which + CEs shall constit te an a tonomo s region is one which ise7cl sively for "ongress to decide.

S! $i # 1 5 7ENERAL SUPERVISION OVER AUTONOMOUS RE7IONS

B/ W' 4:

The PresidentP % s!:To ens re that the laws are faithf lly e7ec ted.

S EC 5 1 5 A .!%s8 " # $i #s *# %!s #si6i i$i!s # $ +%*#$! 6/ $'isC #s$i$ $i # % 6/ *. $ $'! * $ # 4 s %!+i # s'* 6! -!s$! i# $'! N*$i #*7 -!%#4!#$5

E-amples. 10 (oreign relations20 )ational defense and ,ec rity30 ?onetary Affairs

S! $i # 205 LE7ISLATIVE POWERS

T'! O%+*#i A $ " A $ # 4 s R!+i # s'* % -i ! " % !+is *$i-! .!%s -!%:

10 Administrative organi9ation#20 "reation of so rces of reven es#30 Ancestral domain and nat ral reso rces!0 Personal family and property relations$0 'egional rban and r ral planning development#&0 *conomic social and to rism development#

0 *d cational policies#0 Preservation and development of the c lt ral heritage# and

/0 , ch other matters as may be a thori9ed by law for the promotion of the generalwelfare of the people of the region.

Li4i$*$i #s:

10 , bject to the provisions of the "onstit tion and national laws20 To be e7ercised within its territorial j risdiction

S! $i # 215 PRESERVATION OF PEACE AND ORDER>DEFENSE AND SECURITY

P!* ! *# O% !% %t shall be the responsibility of the local police agencies.






D!"!#s! *# S! %i$/%t shall be the responsibility of the national government.

ARTICLE I: ACCOUNTABILITY OF PUBLIC OFFICERS

S! $i # 1: PUBLIC OFFICE AS A PUBLIC TRUST

P 6 i ""i !%s *# !4 /!!s 4 s$ *$ * $i4!s 6! * #$*6 ! $ $'! ! !8s!%-! $'!4 .i$' $4 s$ %!s #si6i i$/8 i#$!+%i$/8 /* $/ *# !""i i!# /8 * $ .i$'

*$%i $is4 *# s$i ! *# !* 4 !s$ i-!s5

S! $i # 2: IMPEACHMENT>REMOVAL FROM OFFICE

I4 !* '4!#$: (*s 4!*#s " %!4 -* "% 4 ""i !)

15 W' 4*/ 6! i4 !* '! :

President>P," H stices"onstit tional "ommission members<mb dsman

25 7% # s

" lpable violation of the "onstit tion

treasonbriberygraft and corr ptionother high crimes or betrayal of p blic tr st

)ote: %t is an e7cl sive list. "ongress cannot by law add to the list of impeachableoffenses.

3. These officers cannot be charged in co rt with offenses that have removal fromoffice as penalty.

!. The President cannot be charged with m rder.

$. A ," H stice cannot be disbarred beca se this wo ld dis5 alify him from hisposition.&. 4CT A(T*' an official has been impeached he can be charged with the appropriate

offense.. 'esignation by an impeachable official does not place him beyond the reach of

impeachment proceedings# he can still be impeached.

A O$'!% P 6 i O""i !%s *# E4 /!!s

1. They may be removed from office as provided by law2. 4CT: )<T by impeachment

S! $i # =: PROCEDURE FOR IMPEACHMENT

E si-! P .!% " H s! " R! %!s!#$*$i-!s

The Do se of 'epresentatives has e7cl sive power to %)%T%AT* all cases ofimpeachment.






P% ! %!:

1. (illing of verified complaint

a. "an be filed by:

1. Any member of the Do se of 'epresentatives or 2. Any citi9en pon a resol tion of endorsement by any ?ember ofthe Do se or 3. 4y at least 1K3 of all the ?embers of the Do se of 'epresentatives

2.0 %ncl sion of complaint in the order of b siness with 1 session days3.0 'eferral to proper "ommittee within 3 session days thereafter !.0 , bmission of "ommittee report to the Do se together with corresponding

resol tion

a. There sho ld be a hearingb. There sho ld be a majority vote of the membersc. The report sho ld be s bmitted within & days from referral after hearing

and by a majority vote of A++ its members.

$.0 "alendaring of resol tion for consideration by the Do se,ho ld be done within 1 session days from receipt thereof

&.0 >ote of at least 1K3 of all ?embers of the Do se necessary to:

a. Affirm a favorable resol tion with the Articles of %mpeachment of the

"ommittee or b. To override its contrary resol tion

)ote: %f the verified complaint or resol tion of impeachment was filed by at least 1K3 of allthe ?embers of the Do se it shall constit te the Articles of %mpeachment. Trial in the,enate shall proceed.

.0 Trial in the ,enate

A. ,enate has the sole power to try and decide all cases of impeachment4. (or this p rpose the ,enators shall be nder oath or affirmationa. When the President of the Philippines is on trial the "H of the , preme

"o rt presides. Dowever heKshe will not vote..0 H dgment of "onviction

This re5 ires the conc rrence of 2K3 of all the ?embers of the ,enate

/.0 *ffect of the %mpeachment

a. 'emoval from office of the official concernedb. Bis5 alification to hold any office nder the 'ep blic of the Philippinesc. <fficer still liable to prosec tion trial and p nishment if the impeachable

offense committed also constit tes a felony or crime.

S! $i # @: SANDI7ANBAYAN

,andiganbayan L the anti8graft co rt

S! $i #s 8 1@: OFFICE OF THE OMBUDSMAN

C 4 si$i #:

1.0 <mb dsmanKTanodbayan2.0 <verall dep ty3.0 At least one Bep ty each for + 9on >isayas and ?indanao!.0 Bep ty for military establishment may be appointed






* i"i *$i #s: (O46 s4*# *# 'is ! $i!s)

1.0 )at ral born citi9en of the Philippines2.0 At least ! years old at time of appointment3.0 <f recogni9ed probity and independence!.0 ?ember of the Philippine bar $.0 ? st not have been candidate for any elective office in the immediatelypreceding election&.0 (or <mb dsman: De m st have been for ten years or more

a. A j dge or b. *ngage in the practice of law in the Philippines

Dis9 * i"i *$i #s>P% 'i6i$i #s ( # !% A%$i ! I 8 S! $i # 2)

1.0 "annot hold any other office or employment d ring his ten re2.0 "annot engage in the practice of any profession or in the active management orcontrol of any b siness which may be affected by the f nctions of his office3.0 "annot be financially interested directly or indirectly in any contract with or inany franchise or privilege granted by the overnment any of its s bdivisionsagencies or instr mentalities incl ding <""s or their s bsidiaries

A i#$4!#$

1. <f <mb dsman and dep ties

a. 4y the president from a list of at least & nominees prepared by the

H dicial and 4ar "o ncil. >acancies will be filled from a list of 3 nomineesb. Appointments do )<T re5 ire confirmationc. All vacancies shall be filled within 3 months after they occ r.

2. <f other officials and employees of the <ffice of the <mb dsman

d. 4y the <mb dsmane. %n accordance with "ivil ,ervice +aw

T!%4: (O46 s4*# *# ! $i!s)

1. years with reappointment

2. They are )<T 5 alified to r n for any office in the election immediately s cceedingtheir cessation from office

R*#?>S* *%i!s:

1. The <mb dsman has the ran@ of "hairman of a "onstit tional "ommission2. The ?embers have the ran@ of members of a "onstit tional "ommission3. Their salaries cannot be decreased d ring their term of office.

P .!%s8 F # $i #s *# D $i!s " $'! O""i ! " $'! O46 s4*#

1. %nvestigate on its own or on complaint by any person any act or omission of anyp blic official employee office or agency when s ch act or omission appears to beillegal nj st improper or inefficient.

a. The ," held that the power to investigate and prosec te cases involvingp blic officers and employees has been transferred to the <mb dsman.

b. The <mb dsman may always delegate his power to investigate.c. The power to investigate incl des the power to impose preventive

s spension.d. This preventive s spension is not a penalty.e. F%)>*,T% AT*G does not mean preliminary investigation.f. The complaint need not be drawn p in the s al form.





g. The F%++* A+G act or omission need not be in connection with the d tiesof the p blic officer or employee concerned.

h. A)= illegal act may be investigated by the <mb dsman. %n this regardthe <mb dsmanEs j risdiction is "<)"C''*)T with that of the reg larprosec tors.

2. Birect pon complaint or at its own instance any p blic official or employee of thegovernment or any s bdivision agency or instr mentality thereof as well as of anygovernment8owned or controlled corporation with original charter to perform ande7pedite any act of d ty re5 ired by law or to stop prevent and correct any ab se orimpropriety in the performance of d ties.

a. The <mb dsman has P*',CA,%>* P<W*' and may re5 ire thatproper legal steps are ta@en by the officers concerned.

b. The p blic official or employee m st be employed in:-%0. The overnment-%%0. Any s bdivision agency or instr mentality thereof# or -%%%0. <""Es with original charters

c. The ," has held that the ,P may prosec te before the,andiganbayan j dges acc sed of graft and corr ption even if theyare nder the , preme "o rt.

3.0 Birect the officer concerned to ta@e the appropriate action against a p blic official oremployee at fa lt and recommend his removal s spension demotion fine cens reor prosec tion and ens re compliance therewith.

a. The <mb dsman does )<T himself prosec te cases against p blicofficers or employees.b. (inal say to prosec te still rests in the e7ec tive department.c. The <mb dsman or Tanodbayan may se mandam s to compel the

fiscal to prosec te.

!.0 Birect the officer concerned in any appropriate case and s bject to s ch limitationsas may be provided by law to f rnish it with copies of doc ments relating to contracts ortransactions entered into by his office involving the disb rsement or se of p blic f ndsof properties and report any irreg larity to "<A for appropriate action.

$.0 'e5 est any government agency for assistance and information necessary in the

discharge of its responsibilities and to e7amine if necessary pertinent records anddoc ments.

&.0 P blic matters covered by its investigation when circ mstances so warrant and withd e process

.0 Betermine the ca se of inefficiency red tape mismanagement fra d and corr ptionin the government and ma@e recommendations for their elimination and the observanceof high standards of ethics and efficiency

.0 Prom lgate its r les of proced re and e7ercise s ch other powers or perform s chf nctions or d ties as may be provided by law

&ote : The <ffice of the <mb dsman also has the d ty to act promptly on complaintsfiled in any form or manner against p blic officials or employees of the government orany s bdivision agency or instr mentality incl ding <""s and their s bsidiaries. %nappropriate cases it sho ld notify the complainants of the action ta@en and the res ltthereof.

Fis * A $ # 4/:

The <ffice of the <mb dsman enjoys fiscal a tonomy. %ts approved ann alappropriations sho ld be a tomatically and reg larly released.





S! $i # : OFFICE OF THE SPECIAL PROCECUTOR

1. Cnder the 1/ "onstit tion the e7isting Tanodbayan became the <ffice of the,pecial Prosec tor

2. Powersa. %t will contin e to f nction and e7ercise its powers as now or hereafter

may be provided by lawb. *7ception: Powers conferred on the <ffice of the <mb dsman

3. The <ffice of the ,pecial Prosec tor is s bordinate to and acts nder the orders of the<mb dsman

&ote : According to Hac@ the ," was wrong beca se the "on"om intended that the ,P

was to prosec te anti8graft cases.

S! $i # 1 : RECOVERY OF ILL 7OTTEN WEALTH

P%!s %i $i #8 L* '!s8 Es$ !

1.0 The right of the ,tate to recover properties nlawf lly ac5 ired by p blic officialsand employees from them or from their nominees or transferees shall )<T be barredby prescription laches or estoppel.

2.0 Their right to prosec te criminally these officials and employees may prescribe.

S! $i # 1 : PROHIBITION ON CERTAIN FINANCIAL TRANSACTIONS

C -!%*+!:

This prohibition applies to:

1.0 President2.0 >ice8President3.0 ?embers of the "abinet!.0 ?embers of "ongress$.0 ?embers of , preme "o rt&.0 ?embers of "onstit tional "ommissions

.0 <mb dsman

.0 Any firm or entity in which they have controlling interestW'!# % 'i6i$i # * i!s:

Prohibition applies d ring their T*)C'*.

S ! " % 'i6i$i #:

1.0 The above mentioned officials cannot obtain directly or indirectly for 4C,%)*,,PC'P<,*,:

a. +oansb. aranteesc. <ther forms of financial accommodation

(rom:1. overnment owned or controlled ban@s# or 2. overnment owned or controlled financial instit tions.

2.0 %f the loan etc is )<T for b siness p rpose e.g. a ho sing loan the prohibitiondoes not apply.






S! $i # 1 : S$*$!4!#$s " *ss!$s8 i*6i i$i!s *# #!$ . %$'

W'!# s 64i$$! :

P blic officer and employee shall s bmit a declaration nder oath of his assets liabilitiesand net worth pon ass mption of office and as often as re5 ired nder the law.

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

These declarations shall be disclosed to the p blic in a manner provided by law in thecase of:

1.0 President2.0 >ice8President

3.0 ?embers of the "abinet!.0 ?embers of "ongress$.0 H stices of the , preme "o rt&.0 ?embers of "onstit tional "ommissions

.0 <ther constit tional offices

.0 <fficers of the armed forces with general or flag ran@

S! $i # 1 : A !+i*# ! " 6 i ""i !%s *# !4 /!!s

llegiance to the State and to the ConstitutionChange in Citi5enship0$mmigrant Status

1.0 %nc mbent p blic officers and employees who see@ either:a. "hange his citi9enship# or b. Ac5 ire immigrant stat s in another co ntry,hall be dealt with by law.

2.0 %f Philippine citi9enship is one of the 5 alifications to the office the loss of s chciti9enship means the loss of the office by the inc mbent.

3.0 The *lection "ode provides the r les with respect to non8inc mbents i.e.persons r nning for elective offices.

a. The "ode provides that permanent residents of or immigrant to a foreignco ntry cannot file certificates of candidacy nless they e7pressly waivetheir stat s as s ch

This ren nciation m st be some other than and prior to the filling of the certificate ofcandidacy.

ARTICLE II – NATIONAL ECONOMY AND PATRIMONY

S EC 5 15 7OALS OF THE NATIONAL ECONOMY

T'%!! " + * :

1. ?ore e5 itable distrib tion of opport nities income and wealth#2. , stained increase in the amo nt of goods and services prod ced by the nation forthe benefit of the people# and3. *7panding prod ctivity as the @ey to raising the 5 ality of life for all.

T'! S$*$! s'* % 4 $! i# s$%i* i<*$i # *# " !4 /4!#$

1. %t sho ld be based on so nd agric lt ral development and agrarian reform2. %t sho ld be thro gh ind stries that ma@e f ll and efficient se of h man and nat ralreso rces. %nd stries sho ld also be competitive in both domestic and foreign mar@ets.





P% $! $i # " Fi i i# !#$!% %is!sThe ,tate shall protect (ilipino enterprises against nfair foreign competition and

trade practices.

R ! " P%i-*$! E#$!% %is!sPrivate enterprises incl ding corporations cooperatives and similar collective

organi9ations shall be enco raged to broaden the base of their ownership.

S! $i # 25 RE7ALIAN DOCTRINE

Dis$i# $i # 6!$.!!# I4 !%i 4 *# D 4i#i 4

1. %mperi m overnment a thority possessed by the ,tate which is appropriately embraced in

sovereignty.

2. Bomini ma. The capacity of the ,tate to own and ac5 ire property.b. %t refers to lands held by the government in a proprietary character: can

provide for the e7ploitation and se of lands and other nat ral reso rces.

S !:

The following are owned by the ,tate:

1. +ands of the p blic domain:

Waters?inerals coals petrole m and other mineral oils# All so rces of potential energy#(isheries#(orests or timber#Wildlife#(lora and fa na# and<ther nat ral reso rces.

A i!#*$i # " N*$ %* R!s % !s

1. eneral ' le: All nat ral reso rces "A))<T be alienated

2. *7ception: Agric lt ral landsE %*$i #8 D!-! 4!#$ *# U$i i<*$i # " N*$ %* R!s % !s1. ,hall be nder the f ll control and s pervision of the ,tate

2. ?eans A. The state may B%'*"T+= C)B*'TAN* s ch activities4. The state may enter into "<8P'<BC"T%<) H<%)T >*)TC'* <'

P'<BC"T%<)8,DA'%) arrangements with1. (ilipino citi9en or 2. "orporation or association at least & Q of whose capital is

owned by s ch citi9ens

3. +imitations: A. Period: %t sho ld not e7ceed 2$ years renewable for not more than 2$ years4. Cnder terms and conditions as may be provided by law.

!. %n case of water rightsKwater s pplyKfisheriesKind strial ses other than thedevelopment of water power The beneficial se may be the meas re and limit of the grant.






S4* s * ! U$i i<*$i # " N*$ %* R!s % !s

1. "ongress may by law a thori9e small8scale tili9ation of nat ral reso rces by (ilipinociti9ens

2. "ongress may also a thori9e cooperative fish farming with priority given tos bsistence fishermen and fishwor@ers in the rivers la@es bays and lagoons.

L*%+! S * ! E %*$i #8 D!-! 4!#$ *# U$i i<*$i # " Mi#!%* s>P!$% ! 4>O$'!%Mi#!%* Oi s

1. The President may enter into agreements with foreign owned corporations involving

technical or financial assistance for large8scale e7ploration etc. of mineralspetrole m and other mineral oils. These agreements sho ld be in accordance withthe general terms and conditions provided by law.

2. They sho ld be based on the real contrib tions to economic growth and generalwelfare of the co ntry.

3. %n the agreements the ,tate sho ld promote the development and se of localscientific and technical reso rces.

!. The President sho ld notify "ongress of every contract nder this provision within 3days from its e7ec tion.

$. ?anagement and service contracts are not allowed nder this r le.

P% $! $i # " M*%i#! W!* $'

1. The ,tate shall protect its marine wealth in its Archipelagic watersTerritorial sea R**

2. The ,tate shall reserve its se and enjoyment e7cl sively to (ilipino citi9ens.

S! $i # =5 LANDS OF THE PUBLIC DOMAIN ARE CLASSIFIED INTO

1. Agric lt ral2. (orestKtimber

3. ?ineral lands R!. )ational Par@s

&ote.1. "lassification of p blic lands is an e7cl sive prerogative of the *7ec tive Bepartment

thro gh the <ffice of the President pon recommendation by the B*)'.2. "lassification is descriptive of the legal nat re of the land and )<T what it loo@s li@e.

Th s the fact that forest land is den ded does not mean it is no longer forest land.

A i!#*6 ! *# s " 6 i 4*i#

1. <nly agric lt ral lands are alienable.2. Agric lt ral lands may be f rther classified by law according to the ses to which they

may be devoted.

Li4i$*$i #s %!+*% i#+ A i!#*6 ! L*# s " $'! P 6 i D 4*i#

1. (or private corporations or associations

A. They can only hold alienable lands of the p blic domain 4= +*A,*4. Period: "annot e7ceed 2$ years renewable for not more than 2$ years". Area: +ease cannot e7ceed 1 hectares






&ote. A corporation sole is treated li@e other private corporations for the p rpose ofac5 iring p blic lands.

2. (or (ilipino citi9ens

A. "an lease p to $ hectares4. "an A"JC%'* not more than 12 hectares by p rchase homestead or grant

Ta@ing into acco nt the re5 irements of conservation ecology and development ands bject to the re5 irements of agrarian reform "ongress shall determine by law the si9eof the lands of the p blic domain which may be ac5 ired developed held or lease andthe conditions therefore.

M!*#s 6/ W'i ' L*# s " $'! P 6 i D 4*i# B! 4! P%i-*$! L*#

1. Ac5 ired from government by p rchase or grant#2. Cninterr pted possession by the occ pant and his predecessors8in8interest since

time immemorial# and3. <pen e7cl sive and ndisp ted possession of A+%*)A4+* -agric lt ral0 p blic land

for a period of 3 years.

A. Cpon completion of the re5 isite period the land becomes private propertyipso j re witho t need of any j dicial or other sanction.

4. Dere in possession since time immemorial pres mption is that the land wasnever part of p blic domain.

". %n comp ting 3 years start from when land was converted to alienable land

not when it was still forest landB. Pres mption is that land belongs to the ,tate.

S! $i # @5 C #+%!ss s'* 8 *s s # *s ssi6 !8 !$!%4i#! 6/ *.8 $'! s ! i"ii4i$s " " %!s$ *# s *# #*$i #* *%?s8 4*%?i#+ !*% / $'!i% 6 # *%i!s # $'!

+% # 5 T'!%!*"$!%8 s ' " %!s$ *# s *# #*$i #* *%?s s'* 6! #s!%-! *#4*/ # $ 6! i# %!*s! % i4i#is'! 8 E CEPT 6/ *.5 C #+%!ss s'* % -i !4!*s %!s $ % 'i6i$ ++i#+ i#

*5 E# *#+!%! " %!s$ *#65 W*$!%s'! *%!*s

" % s ' !%i *s i$ 4*/ !$!%4i#!5

S! $i # 5 ANCESTRAL LANDSP% $! $i # " I# i+!# s C $ %* C 44 #i$i!s

1. The ,tate protects the rights of indigeno s c lt ral comm nities to their ancestrallands

A. , bject to "onstit tional provisions4. , bject to national development policies and programs

2. %n determining ownership and e7tent of ancestral domain "ongress may sec stomary laws on property rights and relations.

3. FA)"*,T'A+ B<?A%)G A. %t refers to lands which are considered as pertaining to a c lt ral region4. This incl des lands not yet occ pied s ch as deep forests.

S! $i # 5 PRIVATE LANDS

7!#!%* % !

1. Private lands "A) only be transferred or conveyed to: A. (ilipino citi9ens4. "orporations or associations incorporated in the Philippines at least & Q of

whose capital is owned by (ilipino citi9ens






2. *7ceptions

A. %n intestate s ccession where an alien heir of a (ilipino is the transferee ofprivate land.4. A nat ral born citi9en of the Philippines who has lost his Philippine citi9enship

may be a transferee of P'%>AT* A+)B s bject to limitation provided by law.Dence land can be sed only for residential p rposes. %n this case he onlyac5 ires derivative title.

". (oreign states may ac5 ire land b t only for embassy and staff residencep rposes.

3. (ilipino citi9enship is only re5 ired at the time the land is ac5 ired. Th s loss ofciti9enship after ac5 iring the land does not deprive ownership.

!. 'estriction against aliens only applies to ac5 isition of ownership. Therefore: A. Aliens may be lessees or s fr ct aries of private lands4. Aliens may be mortgages of land as long as they do not obtain possession

thereof and do not bid in the foreclos re sale.

$. +and ten re is not indispensable to the free e7ercise of religio s profession andworship. A religio s corporation controlled by non8(ilipinos cannot ac5 ire and ownland even for religio s p rposes.

R!4! i!s $ %! -!% %i-*$! *# s "% 4 is9 * i"i! * i!#s:

1. *scheat proceedings

2. Action for reversion nder the P blic +and Act3. An action by the former (ilipino owner to recover the land A. The former pari delicto principle has been abandoned4. Alien still has the title -didnEt pass it on to one who is 5 alified0

S! $i # 105 NATIONAL ECONOMY AND PATRIMONY>INVESTMENTS

P .!% " C #+%!ss

1. "ongress pon the recommendation of )*BA can reserve to (ilipino citi9ens or tocorporations or associations at least & Q of whose capital is owned by s ch citi9ensor s ch higher percentage as "ongress may prescribe certain areas of investment.

This may be done when the national interest dictates.2. "ongress shall also enact meas res to enco rage the formation and operation ofenterprises whose capital is wholly owned by (ilipinos.

N*$i #* E # 4/ *# P*$%i4 #/

%n the grant of rights privileges and concessions covering the national economy andpatrimony the ,tate shall give preference to JCA+%(%*B (ilipinos.

S! $i # 115 FRANCHISES FOR PUBLIC UTILITIES

P .!% $ +%*#$:

1. "ongress may directly grant a legislative franchise# or 2. Power to grant franchises may be delegated to appropriate reg latory agencies andKor

+ CEs

P 6 i $i i$/

1. %n order to be considered as a p blic tility and th s s bject to this provision thenderta@ing m st involve dealing directly with the p blic.

2. Th s a 4 ild8<perate8Transfer grantee is )<T a p blic tility. The 4<T granteemerely constr cts the tility and it leases the same to the government. %t is thegovernment which operates the p blic tility -operation separate from ownership0.






L*6 %

,ection 3 of Article I%%% elaborates on the provision in Article %% by specifying who areprotected by the "onstit tion what rights are g aranteed and what positivemeas res the state sho ld ta@e in order to enhance the welfare of labor.

&i1ht to or1a i2e a d to hold peacef-l co certed activities

The right to organi9e is given to all @inds of wor@ers 4<TD in the P'%>AT* andPC4+%" sectors.

The wor@ers have a right to hold peacef l concerted activities e7cept the right tostri@e which is s bject to limitation by law.

&i1ht to participate i the decisio ma3i 1 process of emplo4ers

The wor@ers have the right to participate on matters affecting their rights and benefitsFas may be provided by lawG. This participation can be thro gh

10 collective bargaining agreements20 grievance machineries30 vol ntary modes of settling disp tes and!0 conciliation proceedings mediated by government.

A+%*%i*# R!" %4

7 * s:

Agrarian reform m st aim at10 efficient prod ction20 a more e5 itable distrib tion of land which recogni9es the right of farmers and reg larfarmwor@ers who are landless to own the land they till and30 a j st share of other or seasonal farmwor@ers in the fr its of the land.

CARL *s *# ! !% is! " i ! .!% *# .!% " !4i#!#$ 4*i#

To the e7tent that the law prescribes retention limits for landowners there is ane7ercise of police power. 4 t where it becomes necessary to deprive owners of their

land in e7cess of the ma7im m allowed there is compensable ta@ing and thereforethe e7ercise of eminent domain.

R!* ' " *+%*%i*# %!" %4

%t e7tends not only to private agric lt ral lands b t also to Fother nat ral reso rces Geven incl ding the se and enjoyment of Fcomm nal marine and fishing reso rcesGand Foffshore fishing gro ndsG.

T'! C 44issi # # H 4*# Ri+'$s

C 4 si$i #:

10 "hairman# and20 ! members

* i"i *$i #s:

10 )at ral8born citi9ens of the Philippines#20 ?ajority of the "ommission m st be members of the Philippine 4ar#30 Term of office other 5 alifications and disabilities shall be provided by law#!0 The appointment of the "D' members is )<T s bject to "A confirmation# and$0 The "D' is not of the same level as the "<?*+*" "," or "<A.





P .!%s:

10 %nvestigate all forms of h man rights violations involving civil or political rights A. >iolations may be committed by p blic officers or by civilians or rebels.4. "D' cannot investigate violations of social rights.". "D' has )< adj dicatory powers over cases involving h man rights violations.B. They cannot investigate cases where no rights are violated.*. *7ample: There is no right to occ py government land i.e. s5 at thereon.

Therefore eviction therefrom is )<T a h man rights violation.20 Adopt operational g idelines and r les of proced re.30 "ite for contempt for violations of its r les in accordance with the ' les of "o rt.!0 Provide appropriate legal meas res for the protection of the h man rights of all

persons within the Philippines as well as (ilipinos residing abroad and providefor preventive meas res and legal aid services to the nderprivileged whose

h man rights have been violated or need protection. A. "D' can initiate co rt proceedings on behalf of victims of h man rights violations.4. They can recommend the prosec tion of h man rights violators b t it cannot itself

prosec te these cases.". 4CT: The "D' cannot iss e restraining orders or inj nctions against alleged

h man rights violators. These m st be obtained from the reg lar co rts.$0 *7ercise visitorial powers over jails prisons and other detention facilities.&0 *stablish contin ing programs for research ed cation and information in order to

enhance respect for the primacy of h man rights.0 'ecommend to "ongress effective meas res to promote h man rights and to provide

compensation to victims of h man rights violations or their families.0 ?onitor compliance by the government with international treaty obligations on h man

rights./0 rant imm nity from prosec tion to any person whose testimony or whosepossession of doc ments or other evidence is necessary or convenient todetermine the tr th in any "D' investigation.

1 0 'e5 est assistance from any department b rea office or agency in theperformance of its f nctions.

110 Appoint its officers and employers in accordance with law.120 Perform s ch other f nctions and d ties as may be provided for by law.

ARTICLE IV EDUCATION8 SCIENCE AND TECHNOLO7Y8ARTS8 CULTURE8 AND SPORTS

EDUCATION

7 * s " $'! S$*$!:

The ,tate shall promote and protect:10 The right to 5 ality ed cation at all levels#20 The right to affordable and accessible ed cation# and30 *d cation that is relevant to the needs of people and society.

Ri+'$ $ E *$i # *# A * !4i F%!! 4

The right to ed cation m st be read in conj nction with the academic freedom ofschools to re5 ire Ffair reasonable and e5 itable admission re5 irements.G

P .!% $ Dis4iss S$ !#$s

10 ,chools have the power to dismiss st dents after d e process for disciplinaryreasons.

20 Acts committed o tside the school may also be a gro nd for disciplinary action if:a0 %t involves violations of school policies connected to school8sponsored activities#

or b0 The miscond ct affects the st dentEs stat s or the good name or rep tation of the

school.





R!+ *$i # " Ri+'$ $ E *$i #

The right to ed cation in partic lar fields may be reg lated by the ,tate in thee7ercise of its police power e*g* the ,tate may limit the right to enter medical school byre5 iring the applicants to ta@e the )?AT.

F%!! E *$i #

10 The ,tate shall maintain a system of free ed cation in:a0 *lementary level andb0 Digh school level.

20 *lementary ed cation is comp lsory for all children of school age. Dowever this is amoral rather than a legal comp lsion.

E *$i #* I#s$i$ $i #s

%. (ilipini9ation A. <wnership:

10. (ilipino citi9ens or 20. "orporations incorporated in 'P and & Q (ilipino8owned.

*I"*PT: ,chools established by religio s gro ps and mission boards.30. "ongress may increase (ilipino e5 ity re5 irements in A++ ed cationalinstit tions.

4. "ontrol and Administration:

10. ? st be vested in (ilipino citi9ens20. 'efers to line positions s ch as President Bean Principal and Tr stees30. (ac lty members may be foreigners.

". ,t dent Pop lation:10. *)*'A+ 'C+*: "annot establish school e7cl sively for aliens. Aliens canonly comprise p to 1K3 of total enrollment.20. *I"*PT%<),: ,chools established for foreign diplomatic personnel and theirdependents and nless otherwise provided for by law for other foreign temporaryresidents.

%%. Ta7 *7emptions

A. )on8stoc@ non8profit ed cational instit tions:10 All reven es and assets act ally directly and e7cl sively sed for ed cationalp rposes are e7empt from ta7es and d ties.20 This is self8e7ec tory.

4. Proprietary ed cational instit tions incl ding cooperatives:10 *ntitled to e7emptions as may be provided by law incl ding restrictions ondividends and re8investment20 'e5 ires an enabling stat te30 rants endowments donations and contrib tions act ally directly ande7cl sively sed for ed cational p rposes are e7empt from ta7es s bject toconditions prescribed by law.

%%%. Academic (reedom

A. *d cational %nstit tions,chools have the freedom to determine:10 Who may teach20 What may be ta ght30 Dow it shall be ta ght and!0 Who may be admitted to st dy.






S! $i # =5 S$*$! I44 #i$/

S *6i i$/ " S$*$!

10 The ,tate cannot be s ed witho t its consent.20 When considered a s it against the ,tate

a0. The 'ep blic is s ed by name#b0. , its against an n8incorporated government agency#c0. , it is against a government official b t is s ch that ltimate liability shalldevolve on the government

i. When a p blic officer acts in bad faith or beyond the scope of hisa thority he can be held personally liable for damages.ii. 4CT: %f he acted p rs ant to his official d ties witho t malicenegligence or bad faith they are not personally liable and the s it is

really one against the ,tate.30 This r le applies not only in favor of the Philippines b t also in favor of foreign states.!0 The r le li@ewise prohibits a person from filing for interpleader with the ,tate as one

of the defendants being compelled to interplead.

C #s!#$ $ 6! s !

A. *7press consent:

10. The law e7pressly grants the a thority to s e the ,tate or any of its agencies.20. *7amples:

a0. A law creating a government body e7pressly providing that s ch bodyFmay s e or be s ed.Gb0. Art. 21 of the "ivil "ode which creates liability against the ,tatewhen it acts thro gh a special agent.

4. %mplied consent:

10. The ,tate enters into a private contract.

a0. The contract m st be entered into by the proper officer and within thescope of his a thority.b0. C)+*,,: The contract is merely incidental to the performance of a

governmental f nction.20. The ,tate enters into an operation that is essentially a b siness operation.

a0. C)+*,,: The operation is incidental to the performance of agovernmental f nction -e.g. arrastre services0

b0. Th s when the ,tate cond cts b siness operations thro gh a <""the latter can generally be s ed even if its charter contains noe7press Fs e or be s edG cla se.

30. , it against an incorporated government agency.

a0 This is beca se they generally cond ct propriety b siness operationsand have charters which grant them a separate j ridical personality.

!0. The ,tate files s it against a private party.C)+*,,: The s it is entered into only to resist a claim.

7*%#is'4!#$ " + -!%#4!#$ " # s:

10 *)*'A+ 'C+*: )<. Whether the money is deposited by way of general or specialdeposit they remain government f nds and are not s bject to garnishment.

20 *I"*PT%<): A law or ordinance has been enacted appropriating a specific amo ntto pay a valid government obligation then the money can be garnished.



/1P O L I T I C A L L AW ( C O N S T I T U T I O N A L L A W )



C #s!#$ $ 6! s ! is # $ !9 i-* !#$ $ #s!#$ $ i*6i i$/:

10 The (act that the ,tate consented to being s ed does not mean that the ,tate willltimately be held liable.20 *ven if the case is decided against the ,tate an award cannot be satisfied by writs of

e7ec tion or garnishment against p blic f nds. 'eason: )o money shall be paid o tof the p blic treas ry nless p rs ant to an appropriation made by law.

S! $i # @5 THE ARMED FORCES OF THE PHILIPPINES

C 4 si$i #:

A citi9en armed force

P% 'i6i$i #s *# is9 * i"i *$i #s:

10 ?ilitary men cannot engage directly or indirectly in any partisan political activitye7cept to vote.

20 ?embers of the A(P in active service cannot be appointed to a civilian position in thegovernment incl ding <""s or their s bsidiaries.

T'! C'i!" " S$*"":

10 To r of d ty: )ot e7ceed to three years20 *I"*PT%<): %n times of war or other national emergency as declared by "ongress

the President may e7tend s ch to r of d ty.

ARTICLE VII AMENDMENTS OR REVISIONS

D!"i#i$i #s:

10 Amendment: an alteration of one or a few specific provisions of the "onstit tion. %tsmain p rpose is to improve specific provisions of the "onstit tion. The changesbro ght abo t by amendments will not affect the other provisions of the "onstit tion.

20 'evision: An e7amination of the entire "onstit tion to determine how and to whate7tent it sho ld be altered. A revision implies s bstantive change affecting the"onstit tion as a whole.

C #s$i$ !#$ .!% -5 L!+is *$i-! .!%

10 Constituent power is the power to form late a "onstit tion or to proposeamendments to or revisions of the "onstit tion and to ratify s ch proposal.Legislative power is the power to pass repeal or amend or ordinary laws or stat tes-as opposed to organic law0.

20 Constituent power is e7ercised by "ongress -by special constit tional conferment0by a "onstit tional "onvention or "ommission by the people thro gh initiative andreferend m and ltimately by sovereign electorate whereas legislative power is anordinary power of "ongress and of the people also thro gh initiative andreferend m.

30 The e7ercise of constituent power does not need the approval of the "hief *7ec tive

whereas the e7ercise of legislative power ordinarily needs the approval of the "hief*7ec tive e7cept when done by people thro gh initiative and referend m.

T'%!! (=) s$! s #! !ss*%/ $ +i-! !""! $ $ *4!# 4!#$s *# %!-isi #s:

10 Proposal of amendments or revisions by the proper constit ent assembly#20 , bmission of the proposed amendments or revisions# and30 'atification.






P% s* " *4!# 4!#$s:

Amendments may be proposed by:

A. "ongress acting as a constit ent assembly by a 3K! vote of all its members.The power of "ongress to propose amendments is )<T part of its ordinarylegislative power.The only reason "ongress can e7ercise s ch power is that the "onstit tion hasgranted it s ch power.

4. "onstit tional "onvention:

10 Dow a "onstit tional "onvention may be calleda0. "ongress may call a "on"on by a 2K3 vote of all its members# or

b0. 4y a majority vote of all its members "ongress may s bmit to theelectorate the 5 estion of whether to call a "on"on or not.

20 "hoice of which constit ent assembly -either "ongress or "on"on0 sho ldinitiate amendments and revisions is left to the discretion of "ongress. %nother words it is a political 5 estion.

30 4CT: The manner of calling a "on"on is s bject to j dicial review beca sethe "onstit tion has provided for vote re5 irements.

!0 %f "ongress acting as a constit ent assembly calls for a "on"on b t does notprovide the details for the calling of s ch "on"on "ongress 8 e7ercising its

ordinary legislative power 8 may s pply s ch details. 4 t in so doing"ongress -as legislat re0 sho ld not transgress the resol tion of "ongressacting as a constit ent assemble.

$0 "ongress as a constit ent assembly and the "on"on have no power toappropriate money for their e7penses. ?oney may be spent from thetreas ry only to p rs ant to an appropriation made by law.

". PeopleEs %nitiative

10 Petition to propose s ch amendments m st be signed be at least 12Q of A++registered voters.

20 *very legislative district represented by at least 3Q of the registered voterstherein.30 Limitation.

%t cannot be e7ercised oftener than once every $ years.

&ote.10 While the s bstance of the proposals made by each type of constit ent assembly is

not s bject to j dicial review the manner the proposals are made is s bject to j dicial review.

20 ,ince these constit ent assemblies owe their e7istence to the "onstit tion theco rts may determine whether the assembly has acted in accordance with the"onstit tion.

30 *7amples of j sticiable iss es:a0 Whether a proposal was approved by the re5 ired n mber of votes in

"ongress -acting as a constit ent assembly0.b0 Whether the approved proposals were properly s bmitted to the people for

ratification.

P% s* " R!-isi #s

10 4y "ongress pon a vote of 3K! of its members20 4y a constit tional convention






R*$i"i *$i #

10 Amendments and revisions proposed by "ongress andKor by a "on"on:

a0 >alid when ratified by a ?AH<'%T= of votes cast in a plebiscite.b0 Plebiscite is held not earlier than & days nor later than / days from the

approval of s ch amendments or revisions.

20 Amendments proposed by the people via initiative:

a0 >alid when ratified by a ?AH<'%T= of votes cast in a plebiscite.b0 Plebiscite is held not earlier than & days nor later than / days after the

certification by "<?*+*" of the petitionSs s fficiency.

30 'e5 isites of a valid ratification:

a0 Deld in a plebiscite cond cted nder the election law#b0 , pervised by the "<?*+*"# andc0 Where only franchised voters -registered0 voters ta@e part.

!0 %ss es regarding ratification:

a0 The "onstit tion does not re5 ire that amendments and revisions bes bmitted to the people in a special election. Th s they may be s bmitted forratification sim ltaneo sly with a general election.

b0 The determination of the conditions nder which proposed

amendmentsKrevisions are s bmitted to the people falls within the legislativesphere. That "ongress co ld have done better does not ma@e the stepsta@en nconstit tional.

c0 All the proposed amendmentsKrevisions made by the constit ent assembliesm st be s bmitted for ratification in one single plebiscite. There cannot be apiece8meal ratification of amendmentsKrevisions.

d0 Presidential proclamation is )<T re5 ired for effectivity ofamendmentsKrevisions C)+*,, the proposed amendmentsKrevisions soprovide.

ARTICLE VIII TRANSITORY PROVISIONS

E""! $i-i$/ " $'! 1J C #s$i$ $i #The 1/ "onstit tion too@ effect immediately pon its ratification.

According to the ," this too@ place on (ebr ary 2 1/ which was the day thepeople cast their votes ratifying the "onstit tion.

Mi i$*%/ 6*s!s *+%!!4!#$s

10 'enewals of military bases agreements m st be thro gh a strict treaty.20 ' ifi i f h i l bi i i l h "

political law (constitutional law)

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