Professional Documents
Culture Documents
sovereignty or
CODE: TFA
CODE: TSSIO
CODE: ABCI
Definition of Archipelago
An archipelago is a body of water studded with islands. The Philippine archipelago
is that body of water studded with islands which is delineated in the Treaty of Paris
(1898), as amended by the Treaty of Washington (1900) and the Treaty of Great Britain
(1930).
Definition of all other territories over which the Philippines has sovereignty or
jurisdiction
It includes any territory that presently belongs or might in the future belong to the
Philippines through any of the internationally accepted modes of acquiring territory.
Archipelagic principle
Two elements:
1. The definition of internal waters (as provided above);
2. The straight baseline method of delineating the territorial sea consists of
drawing straight lines connecting appropriate points on the coast without
departing to any appreciable extent from the general direction of the coast.
Important distances with respect to the waters around the Philippines
1. Territorial sea
2. Contiguous zone
3. Exclusive economic zone -
Definition of People
1.
2.
3.
4.
CODE: PTSG
CODE: CNCH
A Community of persons;
Sufficient in Number;
Capable of maintaining the continued existence of the community; and
Held together by a common bond of law.
Definition of Sovereignty
1. LEGAL sovereignty
a. The supreme power to make law.
b. It is lodged in the people.
2. POLITICAL sovereignty
a. The sum total of all the influences in a state,
b. Legal and non-legal,
c. Which determine the course of law.
3. According to the Principle of AUTO-LIMITATION:
Sovereignty is the property of the state-force due to which it has the exclusive
capacity of legal self-determination and self-restriction.
Definition of Government
1.
2.
3.
4.
5.
Classification of governments
1. De jure
2. De facto
Diplomatic
SEC 3. Civilian authority is, at all times, supreme over the military. The Armed
Forces of the Philippines is the protector of the people and the State. Its goal is to
secure the sovereignty of the State and the integrity of the national territory.
Civilian authority/supremacy clause (1st sentence)
1. Civilian authority simply means the supremacy of the law because authority, under
our constitutional system, can only come from law.
2. Under this clause, the soldier renounces political ambition.
Mark of sovereignty (2nd and 3rd sentences)
1. Positively, this clause singles out the military as the guardian of the people and of the
integrity of the national territory and therefore ultimately of the majesty of the law.
2. Negatively, it is an expression of disapproval of military abuses.
SEC 4. The prime duty of the Government is to serve and protect the people. The
Government may call upon the people to defend the State and, in the fulfillment
thereof, all citizens may be required, under conditions provided by law, to render
personal, military, or civil service.
SEC. 5. The maintenance of peace and order, the protection of life, liberty and
property, and the promotion of the general welfare are essential for the enjoyment
by all the people of the blessings of democracy.
SEC. 6. The separation of Church and State shall be inviolable.
2.
While the right to a balanced and healthful ecology is found under the
declaration of Principle and State Policies and not under the Bill of Rights, it
does not follow that it is less important than any of the civil and political rights
enumerated in the latter. (Oposa v. Factoran)
The right to a balanced and healthful ecology carries with it the correlative
duty to refrain from impairing the environment. (Oposa v. Factoran)
SEC. 26. The State shall guarantee equal access to opportunities for public
service, and prohibit political dynasties as may be defined by law.
SEC. 27. The State shall maintain honesty and integrity in the public service and
take positive and effective measures against graft and corruption.
SEC. 28. Subject to reasonable conditions prescribed by law, the State adopts and
implements a policy of full public disclosure of all its transactions involving public
interest.
POLICE POWER
The power of the state to regulate liberty and property for the promotion
of the general welfare.
The persons acts and acquisitions are hemmed in the police power.
It is the most essential, insistent and the least limitable of powers,
extending as it does to all the great public needs.
Police power rests upon public necessity and upon the right of the state
and of the public to self protection.
Negatively, police power is defined as that inherent and plenary (full)
power in the State which enables it to prohibit all that is hurtful to the
comfort, safety, and welfare of society. (Ermita V Mayor of Manila)
-
public health
public safety
public morals
general welfare
The constitutional protection to life is not just a protection of the right to be alive
or to the security of ones limb against physical harm. The right to life is the right to a
good life.
Right to liberty
Includes that right to exist and the right to be free from arbitrary restraint
or servitude.
The right to enjoy the faculties to which he has been endowed by his
Creator, subject only to such restraints as are necessary for the common
welfare.
The chief elements to the guarantee are the right to contract, the right to
choose ones employment, the right to labor and the right to locomotion.
Not only physical liberty but also intellectual liberty.
Right to property
Protected property include all kinds of property found in the Civil Code. It
has been deemed to include vested rights.
Example:
1. The right to labor, such that an employee may not be removed without
giving due process; and
2. The right to public office.
HEIRARCHY OF RIGHTS: PRIMACY OF HUMAN RIGHTS OVER PROPERTY
RIGHTS
The primacy of human rights over property rights are recognized.
Because these freedoms are delicate and vulnerable, as well as
supremely precious in our society and the threat of sanctions may deter
their exercise almost as potently as the actual application of sanctions,
they need breathing space to survive, permitting government regulation
only with narrow specificity.
Property and property rights can be lost through prescription; but human
rights are imprescriptible. If human rights are extinguished by the
passage of time, then the Bill of Rights us a useless attempt to limit the
power of government and ceases to be an efficacious shield against
tyranny of officials, of majorities, of the influential and powerful, and of
oligarchs.
Property is not a basic right. Property has an intimate relation with life and
liberty.
Protection of property was a primary object of the social compact and that
the absence of such protection could well lead to anarchy and tyranny.
Property is an important instrument
enhancement of personal dignity.
for
the
preservation
and
CODE: SGEE
Section 2. The right of the people to be secure in their persons, houses, papers,
and effects against unreasonable searches and seizures of whatever nature and
for any purpose shall be inviolable, and no search warrant or warrant of arrest
shall issue except upon probable cause to be determined personally by the judge
after examination under oath or affirmation of the complainant and the witnesses
he may produce, and particularly describing the place to be searched and the
person or things to be seized.
General Rule: Search and seizures are unreasonable UNLESS authorized by a validly
issued search warrant or warrant of arrest
Requisites for a valid warrant:
CODE:
P J E D
a. During a war. Ex. Government can prevent publication about the number/locations
of its troops (Near v. Minnesota, 238 US 697)
b. Obscene publications.
Standards for allowable subsequent punishment
TEST
1. Dangerous Tendency Test
CRITERION
There
should
be
a
RATIONAL
CONNECTION between the speech and the
evil apprehended.
Freedom of Speech
The doctrine on freedom of speech was formulated primarily for the protection of core
speech, i.e. speech which communicates political, social or religious ideas. These
enjoy the same degree of protection. Commercial speech, however, does not.
Commercial Speech
1. A communication which no more than proposes a commercial transaction.
2. To enjoy protection:
a. It must not be false or misleading; and
b. It should not propose an illegal transaction.
3. Even truthful and lawful commercial speech may be regulated if:
a. Government has a substantial interest to protect;
b. The regulation directly advances that interest; and
c. It is not more extensive than is necessary to protect that interest. (Central
Hudson Gas and Electric Corp. v. Public Service Commission of NY, 447 US
557)
Unprotected Speech
1. LIBEL
A. FAIR COMMENT (U.S. Rule). These are statements of OPINION, not of fact,
and are not considered actionable, even if the words used are neither mild nor
temperate. What is important is that the opinion is the true and honest opinion of
the person. The statements are not used to attack personalities but to give ones
opinion on decisions and actions.
B. OPINIONS. With respect to public personalities (politicians, actors, anyone with
a connection to a newsworthy event), opinions can be aired regarding their public
actuations. Comment on their private lives, if not germane to their public
personae, are not protected.
2. OBSCENITY
A. Test for obscenity (Miller v. California)
i.
ii.
iii.
Applicant should inform the licensing authority of the date, the public
place where and the time when the assembly will take place.
ii.
The application should be filed ahead of time to enable the public official
concerned to appraise whether there are valid objections to the grant of
the permit or to its grant, but in another public place. The grant or refusal
should be based on the application of the Clear and Present Danger Test.
iii.
If the public authority is of the view that there is an imminent and grave
danger of a substantive evil, the applicants must be heard on the matter.
iv.
The non-establishment clause does not depend upon any showing of direct
governmental compulsion. It is violated by the enactment of laws which establish an
official religion whether those laws operate directly to coerce non-observing
individuals or not. The test of compliance with the non-establishment clause can be
stated as follows: What are the purposes and primary effect of the enactment? If
either is the advancement or inhibition of religion, the law violates the nonestablishment clause. Thus, in order for a law to comply with the non-establishment
clause, two requisites must be met. First, it has a secular legislative purpose.
Second, its primary effect neither advances nor inhibits religion.
2.
The free exercise of religion clause withdraws from legislative power the exertion
of any restraint on the free exercise of religion. In order to show a violation of this
clause, the person affected must show the coercive effect of the legislation as it
operates against him in the practice of his religion. While the freedom to believe
(non-establishment) is absolute, the moment such belief flows over into action, it
becomes subject to government regulation.
MANNER OF CURTAILMENT
Lawful order of the court and within the limits
prescribed by law.
2. Right to travel
Note: The right to travel and the liberty of abode are distinct from the right to return to
ones country, as shown by the fact that the Declaration of Human Rights and the
Covenant on Human Rights have separate guarantees for these. Hence, the right to
return to ones country is not covered by the specific right to travel and liberty of abode.
(Marcos v. Manglapus)
Section 7. The right of the people to information on matters of public concern
shall be recognized.
Rights guaranteed under Section 7
1. Right to information on matters of public concern
2. Right of access to official records and documents
Section 8. The right of the people, including those employed in the public and
private sectors, to form unions, associations, or societies for purposes not
contrary to law, shall not be abridged.
The right to form associations shall not be impaired without due process of law and is
thus an aspect of the right of liberty. It is also an aspect of the freedom of contract. In
addition, insofar as the associations may have for their object the advancement of
beliefs and ideas, the freedom of association is an aspect of the freedom of speech and
expression, subject to the same limitation.
The right also covers the right not to join an association.
Government employees have the right to form unions. They also have the right to strike,
unless there is a statutory ban on them.
Section 9. Private property shall not be taken for public use without just
compensation.
Who can exercise the power of eminent domain:
1) The national government
a. Congress
b. Executive, pursuant to legislation enacted by Congress
2) Local government units, pursuant to an ordinance enacted by their respective
legislative bodies (under LGC)
3) Public utilities, as may be delegated by law.
When is the exercise of the power of eminent domain necessary?
It is only necessary when the owner does not want or opposes the sale of his property.
Thus, if a valid contract exists between the government and the owner, the government
cannot exercise the power of eminent domain as a substitute to the enforcement of the
contract.
Elements of the power of eminent domain
1) There is a TAKING of private property
2) Taking is for PUBLIC USE
3) Payment of JUST COMPENSATION
"TAKING"
A. Elements: CODE: E P A P O
1.
2.
3.
4.
5.
B. Compensable taking does not need to involve all the property interests which
form part of the right of ownership. When one or more of the property rights
are appropriated and applied to a public purpose, there is already a
compensable taking, even if bare title still remains with the owner.
"PUBLIC USE"
1. Public use, for purposes of expropriation, is synonymous with public welfare
as the latter term is used in the concept of police power.
2. Examples of public use include land reform and socialized housing.
"JUST COMPENSATION"
1. Compensation is just if the owner receives a sum equivalent to the market
value of his property. Market value is generally defined as the fair value of
the property as between one who desires to purchase and one who desires
to sell.
2. The point of reference use in determining fair value is the value at the time
the property was taken. Thus, future potential use of the land is not
considered in computing just compensation.
Judicial review of the exercise of the power of eminent domain
1. To determine the adequacy of the compensation
2. To determine the necessity of the taking
3. To determine the "public use" character of the taking. However, if the
expropriation is pursuant to a specific law passed by Congress, the courts
cannot question the public use character of the taking.
When municipal property is taken by the State:
Compensation is required if the property is a patrimonial property, that is, property
acquired by the municipality with its private funds in its corporate or private capacity.
However, if it is any other property such a public buildings or legua comunal held by the
municipality for the State in trust for the inhabitants, the State is free to dispose of it at
will.
Point of reference for valuating a piece of property:
General rule: The value must be that as of the time of the filing of the complaint for
expropriation.
Exception: When the filing of the case comes later than the time of taking and
meanwhile the value of the property has increased because of the use to which the
expropriator has put it, the value is that of the time of the earlier taking. BUT if the value
increased independently of what the expropriator did, then the value is that of the latter
filing of the case.
Section 12.
offense.
DUE PROCESS
This means that the accused can only be convicted by a tribunal which is required to
comply with the stringent requirements of the rules of criminal procedure.
PRESUMPTION OF INNOCENCE
The Constitution does not prohibit the legislature from providing that proof of certain
facts leads to a prima facie presumption of guilt, provided that the facts proved have a
reasonable connection to the ultimate fact presumed.
Presumption of guilt should not be conclusive.
C. The accused may waive the right to be present at the trial by not showing up.
However, the court can still compel the attendance of the accused if
necessary for identification purposes. EXCEPTION: If the accused, after
arraignment, has stipulated that he is indeed the person charged with the
offense and named in the information, and that any time a witness refers to a
name by which he is known, the witness is to be understood as referring to
him.
D. While the accused is entitled to be present during promulgation of
judgement, the absence of his counsel during such promulgation does not
affect its validity.
2. Right to counsel
(a) Right to counsel means the right to EFFECTIVE REPRESENTATION.
(b) If the accused appears at arraignment without counsel, the judge must:
(i) Inform the accused that he has a right to a counsel before arraignment
(ii) Ask the accused if he desires the aid of counsel
(iii) If the accused desires counsel, but cannot afford one, a counsel de oficio
must be appointed
(iv) If the accused desires to obtain his own counsel, the court must give him
a reasonable time to get one.
3. Right to an impartial judge
4. Right of confrontation and cross-examination
5. Right to compulsory process to secure the attendance of witnesses
RIGHT TO BE INFORMED OF THE NATURE AND CAUSE OF ACCUSATION
AGAINST HIM
Purposes of the right:
1) To furnish the accused with a description of the charge against him as will enable
him to make his defenses
2) To avail himself of his conviction or acquittal against a further prosecution for the
same cause
3) To inform the court of the facts alleged.
If the information fails to allege the material elements of the offense, the accused cannot
be convicted thereof even if the prosecution is able to present evidence during the trial
with respect to such elements.
The real nature of the crime charged is determined from the recital of facts in the
information. It is not determined based on the caption or preamble thereof nor from the
specification of the provision of law allegedly violated.
Section 16. All persons shall have the right to a speedy disposition of their cases
before all judicial, quasi-judicial, or administrative bodies.
Distinction between Section 14 and Section 16
While the rights of an accused only apply to the trial phase of criminal cases, the right to
a speedy disposition of cases covers ALL phases of JUDICIAL, QUASI-JUDICIAL or
ADMINISTRATIVE proceedings.
Section 17. No person shall be compelled to be a witness against himself.
When is a question incriminating:
A question tends to incriminate when the answer of the accused or the witness would
establish a fact which would be a necessary link in a chain of evidence to prove the
commission of a crime by the accused or the witness.
Distinction between an accused and an ordinary witness
1. An accused can refuse to take the witness stand by invoking the right against selfincrimination.
2. An ordinary witness cannot refuse to take the stand. He can only refuse to answer
specific questions which would incriminate him in the commission of an offense.
Scope of right
1.
2.
3.
Section 20. No person shall be imprisoned for debt or non-payment of a poll tax.
Definition of debt under Section 20
1) Debt refers to a CONTRACTUAL obligation, whether express or implied, resulting in
any liability to pay money. Thus, all other types of obligations are not within the
scope of this prohibition.
2) Thus, if an accused fails to pay the fine imposed upon him, this may result in his
subsidiary imprisonment because his liability is ex delicto and not ex contractu.
3) A FRAUDULENT debt may result in the imprisonment of the debtor if:
A. The fraudulent debt constitutes a crime such as estafa and
B. The accused has been duly convicted.
Section 21. No person shall be twice put in jeopardy of punishment for the same
offense. If an act punished by a law and an ordinance, conviction or acquittal
under either shall constitute a bar to another prosecution for the same act.
Requisites for a valid defense of double jeopardy: CODE: ATS
1) First jeopardy must have attached prior to the second.
2) The first jeopardy must have terminated.
3) The second jeopardy must be for the same offense as that in the first.
When does jeopardy ATTACH: (1st requisite) CODE: CICAV
1) A person is charged
2) Under a complaint or information sufficient in form and substance to sustain a
conviction
3) Before a court of competent jurisdiction
4) After the person is arraigned
5) Such person enters a valid plea.
Acquittal
Conviction
Dismissal W/O the EXPRESS consent of the accused
Dismissal on the merits.
1) Exact identity between the offenses charged in the first and second cases.
2) One offense is an attempt to commit or a frustration of the other offense.
3) One offense is necessarily included or necessary includes the other.
Note: where a single act results in the violation of different laws or different provisions of
the same law, the prosecution for one will not bar the other so long as none of the
exceptions apply.
Definition of double jeopardy (2nd sentence of Sec. 21)
Double jeopardy will result if the act punishable under the law and the ordinance are the
same. For there to be double jeopardy, it is not necessary that the offense be the same.
SUPERVENING FACTS
1) Under the Rules of Court, a conviction for an offense will not bar a prosecution for an
offense which necessarily includes the offense charged in the former information
where:
A. The graver offense developed due to a supervening fact arising from the
same act or omission constituting the former charge.
B. The facts constituting the graver offense became known or were discovered
only after the filing of the former information.
C. The plea of guilty to the lesser offense was made without the consent of the
fiscal and the offended party.
2) Under (1)(b), if the facts could have been discovered by the prosecution but were not
discovered because of the prosecutions incompetence, it would not be considered a
supervening event.
Effect of appeal by the accused:
If the accused appeals his conviction, he WAIVES his right to plead double jeopardy.
The whole case will be open to review by the appellate court. Such court may even
increase the penalties imposed on the accused by the trial court.
Section 22. No ex post facto law or bill of attainder shall be enacted.
Definition of ex-post facto law.
1) One which makes an action done before the passing of the law, and which was
innocent when done, criminal, and punishes such action.
2) One which aggravates the crime or makes it greater than when it was committed.
3) One which changes the punishment and inflicts a greater punishment than that
which the law annexed to the crime when it was committed.
4) One which alters the legal rules of evidence and receives less testimony than the
law required at the time of the commission of the offense in order to convict the
accused.
5) One which assumes to regulate civil rights and remedies only BUT, in effect,
imposes a penalty or deprivation of a right, which, when done, was lawful.
6) One which deprives a person accused of a crime of some lawful protection to which
he has become entitled such as the protection of a former conviction or acquittal, or
a proclamation of amnesty.
Note: The prohibition on ex post facto laws only applies to retrospective PENAL laws.
Definition of BILL OF ATTAINDER
ARTICLE V SUFFRAGE
Qualifications:
1)
2)
3)
4)
5)
CODE: CD18RR
SEC. 1. The legislative power shall be vested in the Congress of the Philippines,
which shall consist of a Senate and a House of Representatives, except to the
extent reserved to the people by the provision on initiative and referendum.
Definition of Legislative Power:
The authority to make laws and to alter or repeal them.
Classification of legislative power: (O De CO)
1. Original Possessed by the people in their sovereign capacity
2. Delegated Possessed by Congress and other legislative bodies by virtue of the
Constitution
3. Constituent The power to amend or revise the Constitution
4. Ordinary The power to pass ordinary laws
Note:
The original legislative power of the people is exercised via initiative and referendum. In
this manner, people can directly propose and enact laws, or approve or reject any act or
law passed by Congress or a local government unit.
Limits on the legislative power of Congress:
1. Substantive limitations on the content of laws. E.g. no law shall be passed
establishing a state religion.
2. Procedural limitations on the manner of passing laws. E.g. generally a bill must go
through three readings on three separate days.
Note:
Provided that these two limitations are not exceeded, Congress legislative power
is plenary.
Corollaries of legislative power:
1. Congress cannot pass irrepealable laws. Since Congress powers are plenary, and
limited only by the Constitution, any attempt to limit the powers of future Congresses
via an irrepealable law is not allowed.
2. Congress, as a general rule, cannot delegate its legislative power. Since the people
have already delegated legislative power to Congress, the latter cannot delegate it
any further.
EXCEPTIONS:
1. Delegation of legislative power to local government units;
2. Instances when the Constitution itself allows for such delegation [see Art. VI Sec.
23(2)]
What may Congress delegate:
Congress can only delegate, usually to administrative agencies, RULE-MAKING
POWER or LAW EXECUTION. This involves either of two tasks for the administrative
agencies:
1. Filling up the details on an otherwise complete statute; or
2. Ascertaining the facts necessary to bring a contingent law or provision into
actual operation.
Sections 2-4. SENATE
Composition
24 senators who shall be elected at large by the qualified voters of the Philippines, as
may be provided by law.
Qualifications
1.
2.
3.
4.
5.
Natural-born citizen;
At least 35 years old on the day of election;
Able to read and write;
A registered voter; and
Philippine resident for at least 2 years immediately preceding the day of the election.
Note: The qualifications of both Senators and Members of the House are limited to
those provided by the Constitution. Congress cannot, by law, add or subtract from these
qualifications.
Term of Office:
6 years, commencing (unless otherwise provided by law) at noon, 30 June next following
their election.
Term Limitations:
1. No Senator shall serve for more than 2 consecutive terms.
2. Voluntary renunciation of office for any length of time shall not be considered as an
interruption in the continuity of his service for the full term for which he was elected.
Term of Office
1. Each member of the House shall be elected for a term of three (3) years which shall
commence (unless otherwise provided for by law) at noon on 30 June next following
their election.
2. Voluntary renunciation of office for any length of time shall not be considered as an
interruption in the continuity of his service for the full term for which he was elected.
Term Limitations
No member of the House of Representatives shall serve for more than three (3)
consecutive terms.
Distinctions between Term and Tenure
1. Definition
a. Terms means the period during which the elected officer is legally authorized
to assume his office and exercise the powers thereof.
b. Tenure is the actual period during which such officer actually holds his
position.
2. Limitation/Possible Reduction
a. Term CANNOT be reduced.
b. Tenure MAY, by law, be limited. Thus, a provision which considers an elective
office automatically vacated when the holder thereof files a certificate of
candidacy for another elective office (except President and Vice-President) is
valid, as it only affects the officers tenure and NOT his constitutional term.
Party-List Representatives
1. Constitute 20% of the total number of representatives, including those under the
party-list system (thus a maximum of 50 party-list members of the House)
2. However, for 3 consecutive terms from 2 February 1987 (i.e., the 1987-92, 92-95 and
95-98 terms), 25 seats shall be allotted to sectoral representatives. Under Art. XVIII,
Sec. 7, the sectoral representatives are to be appointed by the President until
legislation otherwise provides.
3. Mechanics of the party-list system:
a. Registered organizations submit a list of candidates in order of priority.
b. During the elections, these organizations are voted for at large.
c. The number of seats that each organization gets out of the 20% allotted to
the system depends on the number of votes they get.
4. Qualifications
a. Natural born citizen of the Philippines
b. At least 25 years of age on the day of the election
c. Able to read and write
SEC. 9. In case of vacancy in the Senate or in the House of Representatives, a
SPECIAL ELECTION may be called to fill such vacancy in the manner prescribed
by law, but the Senator or Member of the House of Representatives thus elected
shall serve only for the unexpired term.
SEC. 10. Salaries of Senators and Members of the House
Determination of Salaries:
Salaries of Senators and Members of the House of Representatives shall be determined
by law.
Rule on increase in salaries:
No increase in their salaries shall take effect until after the EXPIRATION OF THE
FULL TERM (NOT TENURE) OF ALL THE MEMBERS OF THE SENATE AND THE
HOUSE OF REPRESENTATIVES APPROVING SUCH INCREASE.
Note: Since the Constitution provides for rules on salaries and not on emoluments,
our distinguished legislators can appropriate for themselves other sums of money such
as travel allowances, as well as other side benefits.
SEC. 11: CONGRESSIONAL IMMUNITIES
1.) Immunity from arrest:
a. Legislators are privileged from arrest while Congress is in session with respect
to offenses punishable by up to 6 years of imprisonment. Thus, whether
Congress is in regular or special session, the immunity from arrest applies.
b. If Congress is in recess, members thereof may be arrested.
c. The immunity is only with respect to arrests and NOT to prosecution for criminal
offenses.
2.) Legislative privilege:
a. No member shall be questioned or held liable in any forum other than his/her
respective Congressional body for any debate or speech in the Congress or in
any Committee thereof.
Protection is only against forum other than Congress itself. Thus for
inflammatory remarks which are otherwise privileged, a member may be
sanctioned by either the Senate or the House as the case may be.
(ii)
(iii)
SEC. 12. All Members of the Senate and the House of Representatives shall, upon
assumption of office, make a full disclosure of their financial and business
interests. They shall notify the House concerned of a potential conflict of interest
that may arise from the filing of a proposed legislation of which they are authors.
SEC. 13-14: CONGRESSIONAL DISQUALIFICATIONS:
Disqualifications:
DISQUALIFICATION
WHEN APPLICABLE
1. Senator/Member of the House cannot During his term. If he does so, he forfeits
hold any other office or employment in the his seat.
Government or any subdivision, agency or
Instrumentality thereof, including GOCCS
or their subsidiaries.
2. Legislators cannot be appointed to any IF the office was created or the
office.
emoluments thereof increased during the
term for which he was elected.
Special Sessions:
Called by the President at any time when Congress is not in session.
SEC. 16. Officers:
1.) Senate President;
2.) Speaker of the House; and
3.) Each House may choose such other officers as it may deem necessary.
Election of Officers
By a majority vote of all respective members.
Quorum to do business:
1. Majority of each House shall constitute a quorum.
2. A smaller number may adjourn from day to day and may compel the attendance of
absent members.
3. In computing a quorum, members who are outside the country and thus outside of
each Houses coercive jurisdiction are not included.
Internal Rules:
1. Each House shall determine its own procedural rules.
2. Since this is a power vested in Congress as part of its inherent powers, under the
principle of separation of powers, the courts cannot intervene in the implementation
of these rules insofar as they affect the members of Congress.
3. Also, since Congress has the power to make these rules, it also has the power to
ignore them when circumstances so require.
Discipline:
1.) Suspension
a. Concurrence of 2/3 of ALL its members and
b. Shall not exceed 60 days.
2.) Expulsion
a. Concurrence of 2/3 of ALL its members.
Congressional Journals and Records:
1.) The Journal is conclusive upon the courts.
2.) BUT an enrolled bill prevails over the contents of the Journal.
3.) An enrolled bill is the official copy of approved legislation and bears the certifications
of the presiding officers of each House. Thus where the certifications are valid and
are not withdrawn, the contents of the enrolled bill are conclusive upon the courts as
regards the provision of that particular bill.
Adjournments:
1.) Neither House can adjourn for more than 3 days during the time Congress is in
session without the consent of the other House.
2.) Neither can they adjourn to any other place than that where the two houses are
sitting, without the consent of the other.
Section 17: THE ELECTORAL TRIBUNAL
The Senate and the House shall each have an Electoral Tribunal which shall be
composed of:
1. 3 Supreme Court Justices to be designated by the Chief Justice; &
2. 6 Members of the Senate or House, as the case may be.
The senior Justice in the Electoral Tribunal shall be its Chairman.
Note: The congressional members of the ETs shall be chosen on the basis of
proportional representation from the political parties and party-list organizations.
Jurisdiction:
1.) Each ET shall be the sole judge of all CONTESTS relating to the election, returns,
and qualifications of their respective members. This includes determining the validity
or invalidity of a proclamation declaring a particular candidate as the winner.
2.) An election contest is one where a defeated candidate challenges the qualification
and claims for himself the seat of a proclaimed winner.
3.) In the absence of an election contest, the ET is without jurisdiction. However, the
power of each House to expel its own members or even to defer their oath-taking
until their qualifications are determined may still be exercised even without an
election contest.
Issues regarding the Electoral Tribunals:
1.) Since the ETs are independent constitutional bodies, independent even of the
House from which the members are respectively taken, neither Congress nor the
Courts may interfere with procedural matters relating to the functions of the ETs,
such as the setting of deadlines or filing their election contests with the respective
ETs.
2.) The ETs being independent bodies, its members may not be arbitrarily removed from
their positions in the tribunal by the parties which they represent. Neither may they
be removed for not voting according to party lines, since they are acting
independently of Congress.
3.) The mere fact that the members of either the Senate or the House sitting on the ET
are those which are sought to be disqualified due to the filing of an election contest
against them does not warrant all of them from being disqualified from sitting in the
ET. The Constitution is quite clear that the ET must act with both members from the
SC and from the Senate or the House. If all the legislator-members of the ET were
to be disqualified, the ET would not be able to fulfill its constitutional functions.
4.) Judicial review of decisions of the ETs may be had with the SC only insofar as the
decision or resolution was rendered without or in excess of jurisdiction or with grave
abuse of discretion constituting denial of due process.
Section 18: THE COMMISSION ON APPOINTMENTS
Composition:
1.) Senate President as ex-officio chairman;
2.) 12 Senators; and
3.) 12 Members of the House.
Note: The 12 Senators and 12 Representatives are elected on the basis of proportional
representation from the political parties and party-list organizations.
Voting/Action
1.) The chairman shall only vote in case of a tie.
2.) The CA shall act on all appointments within 30 session days from their submission to
Congress.
3.) The Commission shall rule by a majority vote of all the Members.
Jurisdiction
1.) CA shall confirm the appointments by the President with respect to the following
positions:
a. Heads of the Executive Departments (except if it is the Vice-President who is
appointed to the post).
b. Ambassadors, other public ministers or consuls.
c. Officers of the AFP from the rank of Colonel or Naval Captain: and
d. Other officers whose appointments are vested in him by the Constitution (e.g.
COMELEC members).
2.) Congress CANNOT by law prescribe that the appointment of a person to an office
created by such law shall be subject to confirmation by the CA.
5. The power to punish for contempt is inherent in Congress and this power is sui
generis. It cannot be exercised by local government units unless they are expressly
authorized to do so.
Limitations:
1. The inquiry must be conducted in accordance with the duly published rules of
procedure of the House conducting the inquiry; and
2. The rights of persons appearing in or affected by such inquiries shall be respected.
Ex. The right against self-incrimination.
Appearance by department heads before Congress:
1.
Since members of the executive department are co-equals with those of the
legislative department, under the principle of separations of powers, department
3.
Appropriation bills
Revenue bills
Tariff bills
Bills authorizing the increase of public debt
Bills of local application
Private bills
2.
Thus, a bill introducing a new tax is a revenue bill, but a provision in, for instance,
the Videogram Regulatory Board law imposing a tax on video rentals does not make
the law a revenue bill.
f.
g. If Congress fails to pass General Appropriations Bill (GAB) by the end of any
fiscal year:
i. The GAB for the previous year is deemed reenacted
ii. It will remain in full force and effect until the GAB is passed by Congress.
2. For law granting tax exemption
It should be passed with the concurrence of a MAJORITY of ALL the members of
Congress.
3. For bills in general
a. Every bill shall embrace only one (1) subject, as expressed in the title thereof
i.
As a mandatory requirement
ii.
iii.
A bill which repeals legislation regarding the subject matter need not state
in the title that it is repealing the latter. Thus, a repealing clause in the bill
is considered germane to the subject matter of the bill.
b. Readings
1. In order to become a law, each bill must pass three (3) readings in both
Houses.
2. General rule: Each reading shall be held on separate days & printed copies
thereof in its final form shall be distributed to its Members three (3) days
before its passage.
3. Exception: If a bill is certified as urgent by the President as to the necessity
of its immediate enactment to meet a public calamity or emergency, the 3
readings can be held on the same day.
4. First reading only the title is read; the bill is passed to the proper committee
Second reading Entire text is read and debates are held, and amendments
introduced.
Third reading only the title is read, no amendments are allowed. Vote shall
be taken immediately thereafter and the yeas and nays entered in the journal.
Veto power of President:
1. Every bill, in order to become a law, must be presented to and signed by the
President.
2. If the President does not approve of the bill, he shall veto the same and return it with
his objections to the House from which it originated. The House shall enter the
objections in the Journal and proceed to reconsider it.
3. The President must communicate his decision to veto within 30 days from the date
of receipt thereof. If he fails to do so, the bill shall become a law as if he signed it.
4. This rule eliminates the pocket veto whereby the President would simply refuse to
act on the bill.
5. To OVERRIDE the veto, at least 2/3 of ALL the members of each House must agree
to pass the bill. In such case, the veto is overriden and becomes a law without
need of presidential approval.
6. Item veto
a. The President may veto particular items in an appropriation, revenue or tariff bill.
b. This veto will not affect items to which he does not object.
c. Definition of item
TYPE OF BILL
1. Revenue/tax bill
2. Appropriations bill
ITEM
Subject of the tax and the tax rate imposed thereon
Indivisible sum dedicated to a stated purpose
d. Veto of RIDER
1. A rider is a provision which does not relate to a particular appropriation stated
in the bill.
2. Since it is an invalid provision under Section 25(2), the President may veto it
as an item.
Specific limitations on legislation
1. No law shall be enacted increasing the Supreme Courts appellate jurisdiction
without the SCs advice and concurrence.
Charitable institutions
Churches, and parsonages or convents appurtenant thereto
Mosques
Non-profit cemeteries; and
All lands, buildings and improvements actually, directly and exclusively used
for religious, charitable, or educational purposes.
Note: The Vice-President has the same qualifications & term of office as the President.
He is elected with & in the same manner as the President. He may be removed from
office in the same manner as the President.
Section 4. MANNER OF ELECTION/ TERM OF OFFICE
Manner of Election
1) The President and Vice-President shall be elected by direct vote of the people.
2) Election returns for President and Vice-President, as duly certified by the proper
Board of Canvassers shall be forwarded to Congress, directed to the Senate
President.
3) Not later than 30 days after the day of the election, the certificates shall be opened in
the presence of both houses of Congress, assembled in joint public session.
4) The Congress, after determining the authenticity and due execution of the
certificates, shall canvass the votes.
5) The person receiving the highest number of votes shall be proclaimed elected.
6) In case of a tie between 2 or more candidates, one shall be chosen by a majority of
ALL the members of both Houses, voting separately. In case this results in a
deadlock, the Senate President shall be the acting President until the deadlock is
broken.
7) The Supreme Court en banc shall act as the sole judge over all contests relating to
the election, returns, and qualifications of the President or Vice-President and may
promulgate its rules for the purpose.
Term of Office
1) President
a) 6 years beginning at noon on 30 June immediately following the election and
ending at noon on the same day 6 years later.
b) Term limitation: Single term only; not eligible for any reelection.
c) Any person who has succeeded as President, and served as such for more than
4 years shall NOT be qualified for election to the same office at any time.
2) Vice-President:
a) 6 years, starting and ending the same time as the President.
b) Term limitation: 2 successive terms.
c) Voluntary renunciation of the office for any length of time is NOT an interruption
in the continuity of service for the full term for which the Vice-President was
elected.
Section 6. SALARIES AND EMOLUMENTS
1) Official salaries are determined by law.
2) Salaries cannot be decreased during the TENURE of the President and the VicePresident.
3) Increases take effect only after the expiration of the TERM of the incumbent during
which the increase was approved.
4) Prohibited from receiving any other emolument from the government or any other
source during their TENURE
SUCCESSOR
VP-elect will be Acting President until
someone is qualified/chosen as President.
VP becomes President.
1. Senate President or
2. In case of his inability, the Speaker of
the House shall act as President until a
President or a VP shall have been
chosen and qualified.
In case of death or disability of (1) and (2),
Congress shall determine, by law, who will
be the acting President.
SUCCESSOR
Vice-President becomes President for the
unexpired term.
1. Senate President or
2. In case of his inability, the Speaker of
the House shall act as President until
the President or VP shall have been
elected and qualified.
3) Vacancy in office of Vice-President during the term for which he was elected:
a) President will nominate new VP from any member of either House of Congress.
b) Nominee shall assume office upon confirmation by majority vote of ALL members
of both Houses, voting separately. (Nominee forfeits seat in Congress)
4) Election of President and Vice-President after vacancy during tem
a)
Congress shall convene 3 days after the vacancy in the office of both the
President and the VP, without need of a call. The convening of Congress cannot
be suspended.
b)
Within 7 days after convening, Congress shall enact a law calling for a special
election to elect a President and a VP. The special election cannot be
postponed.
c)
The special election shall be held not earlier than 45 days not later than 60 days
from the time of the enactment of the law.
d)
The 3 readings for the special law need not be held on separate days.
e)
The law shall be deemed enacted upon its approval on third reading.
BUT: No special election shall be called if the vacancy occurs within 18 months
before the date of the next presidential election.
5) Temporary disability of the President:
The temporary inability of the President to discharge his duties may be raised in
either of two ways:
(ii)
(iii)
(iv)
6) Presidential Illness:
a) If the President is seriously ill, the public must be informed thereof.
b) Even during such illness, the National Security Adviser, the Secretary of
Foreign Affairs, and the Chief of Staff of the AFP are entitled to access to the
President
3.
4.
Since the power to appoint is executive in nature, Congress cannot usurp this
function.
While Congress (and the Constitution in certain cases) may prescribe the
qualifications for particular offices, the determination of who among those who are
qualified will be appointed is the Presidents prerogative.
Scope:
N.B. President also appoints members of the Supreme Court and judges of
the lower courts, but these appointments do not need CA confirmation.
5) All other officers whose appointments are not otherwise provided for by law; and
those whom he may be authorized by law to appoint.
a) This includes the Chairman and members of the Commission on Human
Rights, whose appointments are provided for by law NOT by the
Constitution.
b) Congress may, by law, vest the appointment of other officers lower in rank in
the President alone or in the courts, or in the heads of departments,
agencies, boards or commissions.
c)
d)
Procedure:
1) CA confirmation needed:
a)
b)
c)
d)
Nomination by President
Confirmation by CA
Appointment by President; and
Acceptance by appointee.
Note: At any time before all four steps have been complied with, the President can
withdraw the nomination/appointment.
2) No CA confirmation:
a) Appointment; and
b) Acceptance.
Note: Once appointee accepts, President can no longer withdraw the appointment.
Ad-interim appointments:
1) When Congress is in recess, the President may still appoint officers to positions
subject to CA confirmation.
2) These appointments are effective immediately, but are only effective until they are
disapproved by the CA or until the next adjournment of Congress.
3) Appointments to fill an office in an acting capacity are NOT ad-interim in nature and
need no CA approval.
Appointments by an Acting President:
These shall remain effective UNLESS revoked by the elected President within 90 days
from his assumption or re-assumption of office.
Limitation
1) 2 months immediately before the next Presidential elections, and up to the end of his
term, the President or Acting President SHALL NOT make appointments. This is to
prevent the practice of midnight appointments.
2) EXCEPTION:
a) Can make TEMPORARY APPOINTMENTS
b) To fill EXECUTIVE POSITIONS;
c) If continued vacancies therein will prejudice public service or endanger public
safety.
Section 17. Power of Control and Supervision
Power of Control:
The power of an officer to alter, modify, or set aside what a subordinate officer has done
in the performance of his duties, and to substitute the judgment of the officer for that of
his subordinate.
Thus, the President exercises control over all the executive
departments, bureaus, and offices.
The Presidents power over government-owned corporations comes not from the
Constitution but from statute. Hence, it may be taken away by statute.
Qualified Political Agency:
1) Since all executive and administrative organizations are adjuncts of the Executive
Department, the heads of such departments, etc. are assistants and agents of the
President.
2) Thus, generally the acts of these department heads, etc, which are performed and
promulgated in the regular course of business, are presumptively the acts of the
President.
3) Exception: If the acts are disapproved or reprobated by the President.
4) Under Administrative Law, decisions of Department Secretaries need not be
appealed to the President in order to comply with the requirement of exhaustion of
administrative remedies.
5) Qualified political agency does NOT apply if the President is required to act in person
by law or by the Constitution. Example: The power to grant pardons must be
exercised personally by the President.
Disciplinary Powers:
1) The power of the President to discipline officers flows from the power to appoint the,
and NOT from the power control.
2) BUT While the President may remove from office those who are not entitled to
security of tenure, or those officers with no set terms, such as Department Heads,
the officers, and employees entitled to security of tenure cannot be summarily
removed from office.
Power of Supervision:
1) This is the power of a superior officer to ensure that the laws are faithfully executed
by subordinates.
2) The power of the president over local government units is only of general
supervision. Thus, he can only interfere with the actions of their executive heads if
these are contrary to law.
3) The execution of laws is an OBLIGATION of the President. He cannot suspend the
operation of laws.
4) The power of supervision does not include the power of control; but the power of
control necessarily includes the power of supervision.
Section 18. COMMANDER-IN-CHIEF POWERS
Scope:
1) The President is the Commander-in-Chief of the Armed Forces.
2) Whenever necessary, the President may call out the AFP to PREVENT or
SUPPRESS:
a) Lawless violence;
b) Invasion; or
c) Rebellion.
3) The President may also:
a) Suspend the privilege of the writ of habeas corpus; and
b) Proclaim a state of martial law.
Suspension of the privilege of the writ of habeas corpus and declaring martial law;
1. Grounds
a. Invasion or
b. Rebellion; and
c. Public safety requires it.
2. The invasion or rebellion must be ACTUAL and not merely imminent.
3. Limitations:
a. Suspension or proclamation is effective for only 60 days.
b. Within 48 hours from the declaration or suspension, the President must
submit a report to Congress.
c. Congress, by majority vote and voting jointly, may revoke the same, and the
President cannot set aside the revocation.
d. In the same manner, at the Presidents initiative, Congress can extend the
same for a period determined by Congress if:
Limitations:
1.) As to scope:
Cannot be granted:
a.) Before conviction
b.) In cases of impeachment
c.) For violations of election laws, rules, and regulation without the favorable
recommendation of the COMELEC
d.) In cases of civil or legislative contempt
2.) As to effect:
a.) Does not absolve civil liabilities for an offense.
b.) Does not restore public offices already forfeited, although eligibility for the
same may be restored.
Amnesty:
1.) An act of grace concurred in by Congress, usually extended to groups of persons
who commit political offenses, which puts into oblivion the offense itself.
2.) President alone CANNOT grant amnesty. Amnesty needs concurrence by a
majority of all the members of Congress.
3.) When a person applies for amnesty, he must admit his guilt of the offense which
is subject to such amnesty. If his application is denied, he can be convicted
based on this admission of guilt.
4.) Amnesty V. Pardon
AMNESTY
Addressed to POLITICAL offenses
Granted to a CLASS of persons
Need not be accepted
Requires concurrence of majority of
all members of Congress
A public act. Subject to judicial notice
Extinguishes the offense itself
PARDON
Addressed to ORDINARY offenses
Granted to INDIVIDUALS
Must be accepted
No need for Congressional concurrence
Private act of President. It must be proved.
Only penalties are extinguished.
May or may not restore political rights.
Absolute pardon restores. Conditional does
not.
Civil indemnity is not extinguished.
Only granted after conviction by final
judgement
Note: While our municipal law makes a distinction between international agreements
and executive agreements, with the former requiring Senate approval and the latter not
needing the same, under international law, there is no such distinction.
Note: The President cannot, by executive agreement, undertake an obligation which
indirectly circumvents a legal prohibition.
(e) Conflict between treaty and municipal law.
(i) Philippine court:
The later enactment will prevail, be it treaty or law, as it is the latest
expression of the States will.
(ii) International tribunal
Treaty will always prevail. A State cannot plead its municipal law to justify
noncompliance with an international obligation.
(2) Power to appoint ambassadors, other public ministers, and consuls.
(3) Power to receive ambassadors and other public ministers accredited to the
Philippines.
(4) Power to contract and guarantee foreign loans on behalf of the Republic
(5) Power to deport aliens
(a) This power is vested in the President by virtue of his office, subject
only to restrictions as may be provided by legislation as regards the
grounds for deportation.
(b) In the absence of any legislative restriction to authority, the President
may still exercise this power.
(c) The power to deport aliens is limited by the requirements of due
process, which entitles the alien to a full and fair hearing.
BUT: The alien is not entitled to bail as a matter of right.
ARTICLE VIII. THE JUDICIAL DEPARTMENT
SEC. 1. JUDICIAL POWER
Scope:
1. Judicial power is the authority to settle justiciable controversies or disputes involving
rights that are enforceable and demandable before the courts of justice or the redress
of wrongs for violations of such rights.
2. Vested in the Supreme Court and such lower courts as may be established by law.
3. Since the courts are given judicial power and nothing more, courts may neither
attempt to assume or be compelled to perform non-judicial functions. They may not
be charged with administrative functions except when reasonably incidental to the
fulfillment of their duties.
4. In order that courts may exercise this power, there must exist the following:
a.
b.
c.
5. Judicial power cannot be exercised in vacuum. Without any laws from which rights
arise and which are violated, there can be no recourse to the courts.
6. The courts cannot be asked for advisory opinions.
7. Judicial power includes:
a. The duty of the courts to settle actual controversies involving rights which are
legally demandable and enforceable; and
b. To determine whether or not there has been a grave abuse of discretion
amounting to lack or excess of jurisdiction on the part of any branch or
instrumentality of the government.
Political Questions:
1.
A political question is one the resolution of which has been vested by the
Constitution exclusively in either the people, in the exercise of their sovereign
capacity, or in which full discretionary authority has been delegated to a co-equal
branch of the Government.
2. Thus, while courts can determine questions of legality with respect to governmental
action, they cannot review government policy and the wisdom thereof, for these
questions have been vested by the Constitution in the Executive and Legislative
Departments.
SEC. 2. ROLES OF CONGRESS
1. Defining enforceable and demandable rights and prescribing remedies for violations
of such rights; and
2. Determining the court with jurisdiction to hear and decide controversies or disputes
arising from legal rights.
3. Thus, Congress has the power to define, prescribe and apportion the jurisdiction of
various courts.
4. BUT, Congress cannot deprive the Supreme Court of its jurisdiction over cases
provided for in the Constitution.
5. Creation and abolition of courts:
a. The power to create courts implies the power to abolish and even reorganize courts.
b. BUT this power cannot be exercised in a manner which would undermine
the security of tenure of the judiciary.
c. If the abolition/re-organization is done in good faith and not for political or
personal reasons, then it is VALID. (same rule applies for civil servants)
SEC. 3. FISCAL AUTONOMY
1. The entire judiciary shall enjoy fiscal autonomy.
2. Annual appropriations for the judiciary cannot be reduced below the amount
appropriated for the previous year.
3. Once approved, appropriations shall be automatically and regularly released.
3. Removal of SC Justices:
a. Only by IMPEACHMENT.
b. Cannot be disbarred while they hold office.
SECS. 4-6, 13. THE SUPREME COURT
Hearing of cases:
1.
2.
En banc; or
Divisions of 3, 5, or 7.
v.
vi.
vii.
viii.
ix.
proclamation
order
instruction
ordinance, or
regulation;
6. Appoint ALL officials and employees of the Judiciary, in accordance with Civil Service
Law.
7. Exercise administrative supervision over ALL courts and the personnel thereof.
Decisions of the Supreme Court:
1. Reached in consultation before being assigned to a member for the writing of the
opinion.
2. A certification to this effect must be signed by the Chief Justice and attached to the
record of the case and served upon the parties.
3. Members of the SC who took no part, or who dissented or abstained must state the
reasons therefore.
Note: This procedure shall also be observed by all lower collegiate courts (CA, CTA,
and the Sandiganbayan).
JUDICIAL REVIEW
Definition
1.
Judicial Review is the power of the SC to declare a law, treaty, ordinance etc.
unconstitutional.
2.
Lower courts may also exercise the power of judicial review, subject to the appellate
jurisdiction of the SC.
3. Only SC decisions are precedent, and thus, only SC decisions are binding on all.
Requisites
Code: [A R S Co R]
3) Power of SC
a). The SC may not, under Art. VIII Sec. 5(5), exercise the power to disapprove
rules of "special courts and quasi-judicial bodies."
b). In proceedings before the Commissions, the rules of the Commission prevail.
c). In proceedings before a court, the Rules of Court prevail.
d). The SC may, however, in appropriate cases, exercise JUDICIAL REVIEW
Section 7. DECISION MAKING/APPEAL
Decision-Making:
1) Each commission shall decide matter or cases by a majority vote of all the members
within 60 days from submission.
COMELEC may sit en banc or in 2 divisions.
Election cases, including pre-proclamation controversies are decided in
division, with motions for reconsideration filed to the COMELEC en banc.
The SC has held that a majority decision decided by a division of the
COMELEC is a valid decision.
2) As COLLEGIAL BODIES, each commission must act as one, and no one member can
decide a case for the entire commission. (i.e. The Chairman cannot ratify a decision
which would otherwise have been void).
Appeals:
1) Decisions, orders or rulings of the COMELEC/COA may be brought on certiorari to
the SC under Rule 65.
2) Decisions, orders or ruling of the CSC should be appealed to the CA under Rule 43.
Enforcement:
It has been held that the CSC can issue a writ of execution to enforce
judgments which are final.
THE CIVIL SERVICE COMMISSION
Section 1. COMPOSITION/QUALIFICATIONS/TERM
Composition:
1) Chairman
2) Commissioners 2 commissioners
Qualifications:
1) Natural-born citizens of the Philippines;
2) At least 35 years old at the time of their appointments;
3) With proven capacity for public administration; and
4) NOT candidates for any elective position in the elections immediately preceding their
appointment.
5) Appointees by the President to the CSC need Commission on Appointments (CA)
confirmation
Term:
1) Chairman -7 years; Commissioner1 - 5 yrs; Commissioner2 - 3 yrs
2) Limitation: single term only, no reappointment
3) Appointment to vacancy: only for unexpired term of predecessor
4) No temporary appointments, or appointments in acting capacity.
Section 2. Scope:
The Civil Service embraces all:
A.
B.
C.
D.
E.
branches,
subdivisions,
instrumentalities,
agencies of the government,
including GOCCs with original charters.
1."With Original Charter" means that the GOCC was created by special
law/by Congress
2. If incorporated under the Corporation Code, it does not fall within the
Civil Service, and is not subject to the CSC jurisdiction.
3. Even if once government-controlled, then becomes privatized, ceases
to fall under CSC.
4. Jurisdiction is determined as of the time of filing the complaint.
b) Primarily confidential -
c) Highly technical
Non-Career Service
1. Entrance on bases OTHER than usual
tests of merit and fitness.
Disqualifications
1) Losing candidates in any election
a). Cannot be appointed to any office in the government or GOCC's or their
subsidiaries
b). Period of disqualification: One (1) year after such election.
2) Elective officials
a). Not eligible for appointment or designation ANY CAPACITY to ANY PUBLIC
OFFICE or position during their tenure.
b). EXCEPTION: May hold ex officio positions.
Examples:
The Vice President may be appointed Cabinet member
Congressman may sit in the Judicial and Bar Council
c). To be eligible to hold any other office, the elected official must first resign his
office
d). Even Congress cannot, by law, authorize the appointment of an elective
official.
3). Appointive officials
a). Cannot hold any other office or employment in the government, any
subdivision, agency, instrumentality, including GOCC's and their
subsidiaries.
b). EXCEPTION: Unless otherwise allowed by law, or by the primary functions of
his position.
c). This exception DOES NOT APPLY to Cabinet members, and those officers
mentioned in Art. VII, Sec. 13. They are governed by the stricter prohibitions
contained therein.
Section 8. COMPENSATION
1) Prohibitions: applies to elected or appointed officers and employees
Cannot receive:
A. Additional B. Double -
D. Contempt powers
1. COMELEC can exercise this power only in relation to its adjudicatory
or quasi-judicial functions. It CANNOT exercise this in connection with
its purely executive or ministerial functions.
2. If it is a pre-proclamation controversy, the COMELEC exercises quasijudicial/administrative powers.
3. Its jurisdiction over contests (after proclamation), is in exercise of its
judicial functions.
E. The COMELEC may issue writs of certiorari, prohibition and mandamus in
exercise of its appellate jurisdiction. This is not an inherent power.
3) Decide, except those involving the right to vote, all questions affecting elections,
including determination of the number and location of polling places, appointment of
election officials and inspectors, and registration of voters.
Note: Questions involving the right to vote fall within the jurisdiction of the ordinary
courts.
4) Deputize, with the concurrence of the President, law enforcement agencies and
instrumentalities of the Government, including the Armed Forces of the Philippines,
for the exclusive purpose of ensuring free, orderly, honest, peaceful, and credible
elections.
a). This power is NOT limited to the election period.
b). Applies to both criminal and administrative cases.
5) Registration of political parties, organizations, or coalitions/accreditation of citizens
arms of the Commission on Elections.
a). The political parties etc. must present their platform or program of
government.
b). There should be sufficient publication
c). Groups which cannot be registered:
i. Religious denominations/sects
ii. Groups which seek to achieve their goals through violence or unlawful
means
iii. Groups which refuse to uphold and adhere to the Constitution
iv. Groups which are supported by any foreign government.
d). BUT: Political parties with religious affiliation or which derive their principles
from religious beliefs are registerable.
e). Financial contributions from foreign governments and their agencies to
political parties, organizations, coalitions, or candidates related to elections
constitute interference in national affairs. If accepted, it is an additional
ground for the cancellation of their registration with the Commission, in
addition to other penalties that may be prescribed by law.
6) File, upon a verified complaint, or on its own initiative, petitions in court for inclusion
of exclusion of voters; investigate and, where appropriate, prosecute cases of
violations of election laws, including acts or omissions constituting elections frauds,
offenses and malpractices.
A. COMELEC has exclusive jurisdiction to investigate and prosecute cases for
violations of election laws.
B. COMELEC can deputize prosecutors for this purpose. The actions of the
prosecutors are the actions of the COMELEC
C. Preliminary investigation conducted by COMELEC is valid.
3) If COA finds internal control system of audited agencies as inadequate, COA may
adopt measures, including temporary or special pre-audit, as may be necessary.
4) Keep the general accounts of the government, preserving vouchers and other
supporting papers pertaining thereto.
5) Exclusive authority to define the scope of COAs audit and examination and to
establish the techniques and methods required therefor.
6) Promulgate accounting and auditing rules and regulations.
A.
B.
Note:
1) The functions of COA can be classified as:
A.
B.
C.
D.
1)
2)
3)
4)
Provinces
Cities;
Municipalities; and
Barangays
2) The guidelines set by Congress should be consistent with the basic policy of local
autonomy.
Accrual of taxes, fees, charges
The taxes, fees and charges shall accrue exclusively to the local governments.
Section 6. LGUs SHALL HAVE A JUST SHARE IN NATIONAL TAXES, AS
DETERMINED BY LAW, WHICH SHALL BE AUTOMATICALLY RELEASED
TO THEM
Internal Revenue Allotment (IRA)
1) Share of LGUs in national taxes is limited to the internal revenue taxes.
2) The share of each LGU should be released, without need of any further action,
directly to the provincial, city, municipal or barangay treasurer. Release is made on a
quarterly basis within 5 days after the end of each quarter.
3) The share of each LGU should not be subject to any lien or holdback that may be
imposed by the national government for whatever purpose.
4) Each LGU should appropriate in its annual budget at least 20% of its annual IRA for
development projects.
5) Adjustments in IRA
A. Ground: Unmanageable public section deficit
B. President can make the necessary adjustments in the IRA upon the
recommendation of the following:
1. Department of Finance Secretary
2. DILG Secretary
3. DBM Secretary
6) IRA considered for purposes of conversion from one political subdivision to the next.
(Alvarez v. Guingona)
Section 7. SHARE OF LGUS IN NATIONAL WEALTH
Share of LGUs in national wealth
1) LGUs are entitled to an equitable share in the proceeds of the utilization and
development of the national wealth within their respective areas in the manner
provided by law.
2) This includes share the same with the inhabitants by way of direct benefits.
Under the LGC
1) LGUs have a share of 40% of the gross collection derived by the national
government from the preceding fiscal year from
A. Mining taxes
B. Royalties
C. Forestry and fishery charges
D. Other taxes, fees and charges
E. Share in any co-production, joint venture or production sharing agreement in
the utilization and development of the national wealth w/in their territorial
jurisdiction
SEC. 8. TERM OF OFFICE
Term of Office
Elective local officials, now including barangay officials have a term of 3 years.
Limitations:
1) No elective official shall serve for more than 3 consecutive terms
2) Voluntary renunciation of office for any length of time shall not be considered as an
interruption in the continuity of his service for the full term for which he was elected.
Factors:
1)
2)
3)
4)
Historical heritage
Cultural heritage
Economic and social structures,
Other relevant characteristics within:
A. The framework of the consititution
B. National sovereignty
C. Territorial integrity.
Creation:
1) Provided by law.
2) EFFECTIVITY of such creation occurs only when it is approved by a majority of the
votes cast in a plebiscite held among the constituent units.
3) Only those Provinces, Cities, and Geographical Areas voting favorably in such
plebiscite shall form part of the autonomous region.
4) If only 1 province approved the law, NO AUTONOMOUS REGION created, since the
constitution requires more than one province to constitute one (like what happened in
the Cordillera plebiscite)
5) The question of which LGUs shall constitute an autonomous region is one which is
exclusively for Congress to decide.
Section 16. GENERAL SUPERVISION OVER AUTONOMOUS REGIONS
By Whom:
The President
Purpose:
To ensure that the laws are faithfully executed.
SEC. 17.
All powers, functions and responsibilities not granted by this
Constitution or by law to the autonomous region shall be vested in the National
Government.
Examples:
1) Foreign relations,
2) National defense and Security
3) Monetary Affairs
Administrative organization;
Creation of sources of revenues;
Ancestral domain and natural resources
Personal, family and property relations
Regional, urban, and rural planning development;
Economic, social, and tourism development;
Educational policies;
Preservation and development of the cultural heritage; and
Such other matters as may be authorized by law for the promotion of the general
welfare of the people of the region.
Limitations:
1) Subject to the provisions of the Constitution and national laws
2) To be exercised within its territorial jurisdiction
Section 21. PRESERVATION OF PEACE AND ORDER/DEFENSE AND SECURITY
Peace and Order
It shall be the responsibility of the local police agencies.
Defense and Security
It shall be the responsibility of the national government.
ARTICLE XI: ACCOUNTABILITY OF PUBLIC OFFICERS
Section 1: PUBLIC OFFICE AS A PUBLIC TRUST
Public officers and employees must at all times be accountable to the people,
serve them with utmost responsibility, integrity, loyalty and efficiency, act with
patriotism and justice and lead modest lives.
Section 2: IMPEACHMENT/REMOVAL FROM OFFICE
Impeachment: (as means of removal from office)
1. Who may be impeached:
President
VP
SC Justices
Procedure:
1. Filling of verified complaint
a. Can be filed by:
1. Any member of the House of Representatives or
2. Any citizen upon a resolution of endorsement by any Member of the
House or
3. By at least 1/3 of all the Members of the House of Representatives
2.)
3.)
4.)
5.)
6.)
Note: If the verified complaint or resolution of impeachment was filed by at least 1/3 of all
the Members of the House, it shall constitute the Articles of Impeachment. Trial in the
Senate shall proceed.
7.)
8.)
Judgment of Conviction
This requires the concurrence of 2/3 of all the Members of the Senate
9.)
Section 4: SANDIGANBAYAN
Sandiganbayan = the anti-graft court
Sections 5-6, 8-14: OFFICE OF THE OMBUDSMAN
Composition:
1.)
2.)
3.)
4.)
Ombudsman/Tanodbayan
Overall deputy
At least one Deputy each for Luzon, Visayas and Mindanao
Deputy for military establishment may be appointed
g. The ILLEGAL act or omission need not be in connection with the duties
of the public officer or employee concerned.
h. ANY illegal act may be investigated by the Ombudsman. In this regard,
the Ombudsmans jurisdiction is CONCURRENT with that of the regular
prosecutors.
2. Direct, upon complaint or at its own instance, any public official or employee of the
government, or any subdivision, agency or instrumentality thereof, as well as of any
government-owned or controlled corporation with original charter, to perform and
expedite any act of duty required by law, or to stop, prevent, and correct any abuse or
impropriety in the performance of duties.
a. The Ombudsman has PERSUASIVE POWER, and may require that
proper legal steps are taken by the officers concerned.
b. The public official or employee must be employed in:
(I).
The Government
(II).
Any subdivision, agency, or instrumentality thereof; or
(III). GOCCs with original charters
c. The SC has held that the SP may prosecute before the Sandiganbayan
judges accused of graft and corruption, even if they are under the
Supreme Court.
3.) Direct the officer concerned to take the appropriate action against a public official or
employee at fault, and recommend his removal, suspension, demotion, fine,
censure, or prosecution, and ensure compliance therewith.
a. The Ombudsman does NOT himself prosecute cases against public
officers or employees.
3.)
4.)
5.)
6.)
7.)
8.)
President
Vice-President
Members of the Cabinet
Members of Congress
Justices of the Supreme Court
Members of Constitutional Commissions
Other constitutional offices
Officers of the armed forces with general or flag rank
3.) The Election Code provides the rules with respect to non-incumbents, i.e. persons
running for elective offices.
a. The Code provides that permanent residents of or immigrant to a foreign
country cannot file certificates of candidacy unless they expressly waive
their status as such
This renunciation must be some other than, and prior to, the filling of the certificate of
candidacy.
ARTICLE XII NATIONAL ECONOMY AND PATRIMONY
SEC. 1. GOALS OF THE NATIONAL ECONOMY
Three-fold goal:
1. More equitable distribution of opportunities, income and wealth;
2. Sustained increase in the amount of goods and services produced by the nation for
the benefit of the people; and
3. Expanding productivity, as the key to raising the quality of life for all.
The State shall promote industrialization and full employment
1. It should be based on sound agricultural development and agrarian reform
2. It should be through industries that make full and efficient use of human and natural
resources. Industries should also be competitive in both domestic and foreign markets.
Agricultural
Forest/timber
Mineral lands &
National Parks
Note:
1. Classification of public lands is an exclusive prerogative of the Executive Department
through the Office of the President, upon recommendation by the DENR.
2. Classification is descriptive of the legal nature of the land and NOT what it looks like.
Thus, the fact that forest land is denuded does not mean it is no longer forest land.
Note: A corporation sole is treated like other private corporations for the purpose of
acquiring public lands.
2. For Filipino citizens
A. Can lease up to 500 hectares
B. Can ACQUIRE not more than 12 hectares by purchase, homestead or grant
Taking into account the requirements of conservation, ecology and development, and
subject to the requirements of agrarian reform, Congress shall determine by law the size
of the lands of the public domain which may be acquired, developed, held or lease and
the conditions therefore.
Means by Which Lands of the Public Domain Become Private Land
1. Acquired from government by purchase or grant;
2. Uninterrupted possession by the occupant and his predecessors-in-interest since
time immemorial; and
3. Open, exclusive, and undisputed possession of ALIENABLE (agricultural) public land
for a period of 30 years.
A. Upon completion of the requisite period, the land becomes private property
ipso jure without need of any judicial or other sanction.
B. Here, in possession since time immemorial, presumption is that the land was
never part of public domain.
C. In computing 30 years, start from when land was converted to alienable land,
not when it was still forest land
D. Presumption is that land belongs to the State.
Section 4. Congress shall, as soon as possible, determine by law, the specific
limits of forest lands and national parks, marking clearly their boundaries on the
ground. Thereafter, such forest lands and national parks shall be conserved and
may not be increased or diminished, EXCEPT by law. Congress shall provide
measures to prohibit logging in
a. Endangered forest and
b. Watershed areas
for such period as it may determine.
Section 5. ANCESTRAL LANDS
Protection of Indigenous Cultural Communities
1. The State protects the rights of indigenous cultural communities to their ancestral
lands
A. Subject to Constitutional provisions
B. Subject to national development policies and programs
2.
3. ANCESTRAL DOMAIN
A. It refers to lands which are considered as pertaining to a cultural region
B. This includes lands not yet occupied, such as deep forests.
Section 7. PRIVATE LANDS
General rule
1. Private lands CAN only be transferred or conveyed to:
A. Filipino citizens
B. Corporations or associations incorporated in the Philippines, at least 60% of
whose capital is owned by Filipino citizens
2. Exceptions
A. In intestate succession, where an alien heir of a Filipino is the transferee of
private land.
B. A natural born citizen of the Philippines who has lost his Philippine citizenship
may be a transferee of PRIVATE ALND, subject to limitation provided by law.
Hence, land can be used only for residential purposes. In this case, he only
acquires derivative title.
C. Foreign states may acquire land but only for embassy and staff residence
purposes.
3. Filipino citizenship is only required at the time the land is acquired. Thus, loss of
citizenship after acquiring the land does not deprive ownership.
4. Restriction against aliens only applies to acquisition of ownership. Therefore:
A. Aliens may be lessees or usufructuaries of private lands
B. Aliens may be mortgages of land, as long as they do not obtain possession
thereof and do not bid in the foreclosure sale.
5. Land tenure is not indispensable to the free exercise of religious profession and
worship. A religious corporation controlled by non-Filipinos cannot acquire and own
land, even for religious purposes.
Remedies to recover private lands from disqualified aliens:
1. Escheat proceedings
2. Action for reversion under the Public Land Act
3. An action by the former Filipino owner to recover the land
A. The former pari delicto principle has been abandoned
B. Alien still has the title (didnt pass it on to one who is qualified)
Section 10. NATIONAL ECONOMY AND PATRIMONY/INVESTMENTS
Power of Congress
1. Congress, upon the recommendation of NEDA, can reserve to Filipino citizens or to
corporations or associations at least 60% of whose capital is owned by such citizens,
or such higher percentage as Congress may prescribe, certain areas of investment.
This may be done when the national interest dictates.
2. Congress shall also enact measures to encourage the formation and operation of
enterprises whose capital is wholly owned by Filipinos.
National Economy and Patrimony
In the grant of rights, privileges and concessions covering the national economy and
patrimony, the State shall give preference to QUALIFIED Filipinos.
Section 11. FRANCHISES FOR PUBLIC UTILITIES
Power to grant:
1. Congress may directly grant a legislative franchise; or
2. Power to grant franchises may be delegated to appropriate regulatory agencies and/or
LGUs
Public utility
1. In order to be considered as a public utility, and thus subject to this provision, the
undertaking must involve dealing directly with the public.
2. Thus, a Build-Operate-Transfer grantee is NOT a public utility. The BOT grantee
merely constructs the utility, and it leases the same to the government. It is the
government which operates the public utility (operation separate from ownership).
To whom granted:
1. Filipino citizens or
2. Corporations or associations incorporated in the Philippines and at least 60% of the
capital is owned by Filipino citizens.
Terms and conditions:
1. Duration: Not more than 50 years
2. Franchise is NOT exclusive in character
3. Franchise is granted under the condition that it is subject to amendment, alteration, or
repeal by Congress when the common good so requires.
Participation of Foreign Investors
1. The participation of foreign investors in the governing body of any public utility
enterprise shall be limited to their proportionate share in its capital.
2. Foreigners cannot be appointed as the executive and managing officers because
these positions are reserved for Filipino citizens.
Section 16. FORMATION/ORGANIZATION/REGULATION OF CORPORATIONS
1. Private corporations
Congress can only provide for the formation, etc of private corporations through a
general law.
2. GOCCs
They may be created by:
a. Special charters in the interest of the common good and subject to the test
of economic viability.
b. By incorporation under the general corporation law.
Sections 18-19. SPECIAL ECONOMIC POWERS OF THE GOVERNMENT
1. Temporary takeover or direction of operations:
A. Conditions
i. National emergency and
ii. When the public interest requires
B. May be used against privately owned public utilities or businesses affected
with public interest.
C. Duration of the takeover: period of emergency
D. Takeover is subject to reasonable terms and conditions
E. No need for just compensation because it is only temporary.
2. Nationalization of vital industries:
A. Exercised in the interest of national welfare or defense
B. Involves either:
i. Establishment and operation of vital industries; or
ii. Transfer to public ownership, upon payment of just compensation,
public utilities and other private enterprises to be operated by the
government.
Section 19. MONOPOLIES
1. The Constitution does NOT prohibit the existence of monopolies.
2. The State may either regulate or prohibit monopolies, when public interest so
requires.
3. Combinations in restraint of trade or unfair competition are prohibited.
1. Filipino citizens; or
2. Corporations incorporated in RP, with
60% Filipino ownership
Mass Media
1. Filipino citizens; or
2. Corporations incorporated in RP, and
100% Filipino owned
Advertising
1. Filipino citizens; or
2. Corporations incorporated in RP, and
70% Filipino owned.
Educational institution
1. Filipino citizens; or
2. Corporations incorporated in RP, with
60% Filipino ownership
EXCEPT: Schools established by religious
groups and mission boards.
*Congress may, by law, increase Filipino
equity requirements for ALL educational
institutions.
The right to organize is given to all kinds of workers BOTH in the PRIVATE and
PUBLIC sectors.
The workers have a right to hold peaceful concerted activities except the right to
strike, which is subject to limitation by law.
Right to participate in the decision making process of employers
The workers have the right to participate on matters affecting their rights and benefits,
as may be provided by law. This participation can be through
1)
2)
3)
4)
Agrarian Reform
Goals:
Agrarian reform must aim at
1) efficient production,
2) a more equitable distribution of land which recognizes the right of farmers and regular
farmworkers who are landless to own the land they till, and
3) a just share of other or seasonal farmworkers in the fruits of the land.
CARL as an exercise of police power and power of eminent domain
To the extent that the law prescribes retention limits for landowners, there is an
exercise of police power. But where it becomes necessary to deprive owners of their
land in excess of the maximum allowed there is compensable taking and therefore
the exercise of eminent domain.
Reach of agrarian reform
It extends not only to private agricultural lands, but also to other natural resources,
even including the use and enjoyment of communal marine and fishing resources
and offshore fishing grounds.
The Commission on Human Rights
Composition:
1) Chairman; and
2) 4 members
Qualifications:
1)
2)
3)
4)
5)
Powers:
1) Investigate all forms of human rights violations involving civil or political rights
A. Violations may be committed by public officers or by civilians or rebels.
B. CHR cannot investigate violations of social rights.
C. CHR has NO adjudicatory powers over cases involving human rights violations.
D. They cannot investigate cases where no rights are violated.
E. Example: There is no right to occupy government land, i.e. squat thereon.
Therefore, eviction therefrom is NOT a human rights violation.
2) Adopt operational guidelines and rules of procedure.
3) Cite for contempt for violations of its rules, in accordance with the Rules of Court.
4) Provide appropriate legal measures for the protection of the human rights of all
persons, within the Philippines, as well as Filipinos residing abroad, and provide
for preventive measures and legal aid services to the underprivileged whose
human rights have been violated or need protection.
A. CHR can initiate court proceedings on behalf of victims of human rights violations.
B. They can recommend the prosecution of human rights violators, but it cannot itself
prosecute these cases.
C. BUT: The CHR cannot issue restraining orders or injunctions against alleged
human rights violators. These must be obtained from the regular courts.
5) Exercise visitorial powers over jails, prisons and other detention facilities.
6) Establish continuing programs for research, education and information in order to
enhance respect for the primacy of human rights.
7) Recommend to Congress effective measures to promote human rights and to provide
compensation to victims of human rights violations or their families.
8) Monitor compliance by the government with international treaty obligations on human
rights.
9) Grant immunity from prosecution to any person whose testimony or whose
possession of documents or other evidence is necessary or convenient to
determine the truth in any CHR investigation.
10) Request assistance from any department, bureau, office, or agency in the
performance of its functions.
11) Appoint its officers and employers in accordance with law.
12) Perform such other functions and duties as may be provided for by law.
ARTICLE XIV - EDUCATION, SCIENCE AND TECHNOLOGY,
ARTS, CULTURE, AND SPORTS
EDUCATION
Goals of the State:
The State shall promote and protect:
1) The right to quality education at all levels;
2) The right to affordable and accessible education; and
3) Education that is relevant to the needs of people and society.
Right to Education and Academic Freedom
The right to education must be read in conjunction with the academic freedom of
schools to require fair, reasonable, and equitable admission requirements.
Power to Dismiss Students
1) Schools have the power to dismiss students, after due process, for disciplinary
reasons.
2) Acts committed outside the school may also be a ground for disciplinary action if:
a) It involves violations of school policies connected to school-sponsored activities;
or
b) The misconduct affects the students status, or the good name or reputation of the
school.
B. Faculty members
1) Full freedom in research and in the publication of the results, subject to the
adequate performance of their other academic duties.
2) Freedom in the classroom in discussing their subjects, but they should be
careful not to introduce into their teaching controversial matter which has no
relation to their subjects.
3) When faculty members speak or write in their capacity as citizens, then they
are free from institutional censorship or discipline.
C. Students
They have the right to enjoy in school the guarantees of the Bill of Rights.
D. Limitations
1) Dominant police power of the State
2) Social interest of the community
E. Budgetary Priority:
1). Education must be assigned the highest budgetary priority.
2). BUT: This command is not absolute. Congress is free to determine what
should be given budgetary priority in order to enable it to respond to the
imperatives of national interest and for the attainment of other state policies or
objectives.
Religious Education in Public Schools:
Religion may be taught in public schools subject to the following requisites:
1) Express written option by parents and guardians;
2) Taught within regular class hours;
3) Instructors are designated and approved by the proper religious authorities; and
4) WITHOUT ADDITIONAL COST TO THE GOVERNMENT.
Section 6. Language
1) National language: Filipino
2) Official Languages: Filipino, and unless otherwise provided by law, English.
3) Regional languages are auxiliary to the official languages.
4 (Spanish and Arabic are promoted only on an optional and voluntary basis.
ARTICLE XVI - GENERAL PROVISIONS
Sections 1-2. Symbols of Nationality
1) Flag
Red, white, and blue.
With a sun and 3 stars
The design may be changed by constitutional amendment.
2) Congress may, by law, adopt a new:
(a) Name for the country,
(b) National anthem, or
(c) National seal.
Note: Law will take effect upon ratification by the people in a NATIONAL
REFERENDUM.
Consent to be sued
A. Express consent:
1). The law expressly grants the authority to sue the State or any of its agencies.
2). Examples:
a). A law creating a government body expressly providing that such body
may sue or be sued.
b). Art. 2180 of the Civil Code, which creates liability against the State
when it acts through a special agent.
B. Implied consent:
1). The State enters into a private contract.
a). The contract must be entered into by the proper officer and within the
scope of his authority.
b). UNLESS: The contract is merely incidental to the performance of a
governmental function.
2). The State enters into an operation that is essentially a business operation.
a). UNLESS: The operation is incidental to the performance of a
governmental
function (e.g. arrastre services)
b). Thus, when the State conducts business operations through a GOCC,
the latter can generally be sued, even if its charter contains no
express sue or be sued clause.
3). Suit against an incorporated government agency.
a) This is because they generally conduct propriety business operations
and have charters which grant them a separate juridical personality.
4). The State files suit against a private party.
UNLESS: The suit is entered into only to resist a claim.
Garnishment of government funds:
1) GENERAL RULE: NO. Whether the money is deposited by way of general or special
deposit, they remain government funds and are not subject to garnishment.
2) EXCEPTION: A law or ordinance has been enacted appropriating a specific amount
to pay a valid government obligation, then the money can be garnished.
Proposal of amendments:
Amendments may be proposed by:
A. Congress, acting as a constituent assembly, by a 3/4 vote of all its members.
The power of Congress to propose amendments is NOT part of its ordinary
legislative power.
The only reason Congress can exercise such power is that the Constitution has
granted it such power.
B. Constitutional Convention:
1) How a Constitutional Convention may be called
a). Congress may call a ConCon by a 2/3 vote of all its members; or
b). By a majority vote of all its members, Congress may submit to the
electorate the question of whether to call a ConCon or not.
2) Choice of which constituent assembly (either Congress or ConCon) should
initiate amendments and revisions is left to the discretion of Congress. In
other words, it is a political question.
3) BUT: The manner of calling a ConCon is subject to judicial review, because
the Constitution has provided for vote requirements.
4) If Congress, acting as a constituent assembly, calls for a ConCon but does not
provide the details for the calling of such ConCon, Congress - exercising its
ordinary legislative power - may supply such details. But in so doing,
Congress (as legislature) should not transgress the resolution of Congress
acting as a constituent assemble.
5) Congress, as a constituent assembly and the ConCon have no power to
appropriate money for their expenses. Money may be spent from the
treasury only to pursuant to an appropriation made by law.
C. Peoples Initiative
1) Petition to propose such amendments must be signed be at least 12% of ALL
registered voters.
2) Every legislative district represented by at least 3% of the registered voters
therein.
3) Limitation:
It cannot be exercised oftener than once every 5 years.
Note:
1) While the substance of the proposals made by each type of constituent assembly is
not subject to judicial review, the manner the proposals are made is subject to
judicial review.
2) Since these constituent assemblies owe their existence to the Constitution, the
courts may determine whether the assembly has acted in accordance with the
Constitution.
3) Examples of justiciable issues:
a) Whether a proposal was approved by the required number of votes in
Congress (acting as a constituent assembly).
b) Whether the approved proposals were properly submitted to the people for
ratification.
Proposal of Revisions
1) By Congress, upon a vote of 3/4 of its members
2) By a constitutional convention
Ratification