CONSTITUTIONAL COMMISSIONS

Independent Constitutional Commissions: 1) Civil Service Commission (CSC) 2) Commission on Elections (COMELEC) 3) Commission on Audit (COA) Why Independent? They perform vital functions of government. Their integrity is protected by the fact that they: 1) 2) 3) 4) 5) 6) 7) Are constitutionally created (Sec. 1) Have independent powers of appointment (Sec. 4) Each Commission may promulgate its own procedural rules (Sec. 6) Fiscal autonomy (Sec. 5) Salaries may not be diminished during their office (Sec. 3) Commissioners have a fixed term Commissioners are removable by impeachment only.

Section 2. DISQUALIFICATIONS Members cannot (ABSOLUTE PROHIBITION like the cabinet), during their tenure:

1) Hold any other office or employment; ---they cannot hold even temporary appointment 2) Engage in the practice of any profession; 3) Engage in the active management or control of any business, which, in any w ay, may be affected by the functions of their office; and --- they can be have active management or control of any business as long as not those which affects the functions of their office. 4) Be financially interested, direct or indirect, in any contract, franchise, pr ivilege granted by the government, any of its subdivisions, agencies, instrument alities, including GOCC's and their subsidiaries. 4blue 95 notes: The Ombudsman and his deputies are subject to the same qualifica tions

2006 notes:Rotational Scheme: terms of 1st 3 commissioners start on same date an d that any vacancy should be filled in for unexpired term.

Section 3. SALARIES 1) 2) 3) 4) Salaries are fixed by law and shall not be decreased during their TENURE. Decreases in salaries only affect those members appointed AFTER increase. Incumbent members do not lose any salary. Increases take effect IMMEDIATELY.

Section 6. RULES OF PROCEDURE Procedures: 1) Rules: The Commissions may promulgate its own rules EN BANC. 2) Limitation: It shall not: a) Diminish, b) Increase, or c) Modify substantive rights. 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 me mbers within 60 days from submission. > COMELEC may sit en banc or in 2 divisions. > Election cases, including pre-proclamation controversies are decided in divisi on, 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 d ecide a case for the entire commission. (i.e. The Chairman cannot ratify a dec ision 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 Rul e 43. Enforcement:

It has been held that the CSC can issue a writ of execution to enforce judgments which are final.

THE COMMISSION ON AUDIT Composition: 1) Chairman, and 2) Commissioners (2). Qualifications: 1) Natural-born citizens of the Philippines 2) At least 36 years old at the time of their appointment; 3) Either: a). CPA s with at least 10 years auditing experience; or b). Members of Phil. Bar with 10 years of practice. 4) Members cannot all belong to the same profession. 5) Subject to confirmation of the CA. 6) Must not have been candidates for any elective position in the elections imme diately preceding their appointment. Term: 1) Chairman -7 yrs; Commissioner1 -5yrs; Commissioner - 2 -3 yrs. 2) LIMITATION: - Single terms only; no re-appointment allowed 3) Appointments to any vacancy shall only be for the unexpired portion of predec essor s term Section 2. POWERS 1) Examine, audit, and settle accounts pertaining to: A. Revenue and receipts of funds or property; or B. Expenditures and uses of funds or property Owned or held in trust by, or pertain to: A. The Government; B. Any of its subdivisions, agencies or instrumentalities; C. Including GOCC s with original charters. 2) Conduct post-audit with respect to the following: A. Constitutional bodies, commissions, and offices granted fiscal autonomy; B. Autonomous state colleges and universities; C. GOCC s and their subsidiaries incorporated under the Corporation Code. D. None-governmental entities receiving subsidies or equity, directly or indirec tly, from or through the government, which are required by law of the granting o f institution to submit to such audit. 2006 notes: a 20% ownership in SMC(which is a private corporation), is a small p ercentage ,so it is not subject to COA s audit. 3) If COA finds internal control system of audited agencies as inadequate, COA m ay adopt measures, including temporary or special pre-audit, as may be necessary .

4) Keep the general accounts of the government, preserving vouchers and other su pporting papers pertaining thereto. 5) Exclusive authority to define the scope of COA s audit and examination and to e stablish the techniques and methods required therefor. 6) Promulgate accounting and auditing rules and regulations. A. Including those for the prevention or disallowance of irregular, unnecessary, excessive, extravagant, or unconscionable expenditures or uses of government fu nds and properties. B. Failure to comply with these rules can be a ground for disapproving the payme nt of a proposed expenditure. Note: 1) The functions of COA can be classified as: A. B. C. D. of E. Examine and audit all forms of government revenues; Examine and audit all forms of gov t expenditures Settle gov t accounts Promulgate accounting and auditing rules (including those for the prevention irregular expenditures. To decide administrative cases involving expenditures of public funds.

2) COA can settle only LIQUIDATED ACCOUNTS or those accounts which may be adjust ed simply by arithmetic process. 3) COA has authority not just over accountable officers but also over other offi cers who perform functions related to accounting such as verification of evaluat ions and computation of fees collectible, and the adoption of internal rules of control. 4) COA does not have the power to fix the amount of an unfixed or undetermined d ebt. 5) Where the following requirements are complied with, it becomes the ministeria l duty of the COA to approve and pass in audit vouchers for payment: A. There is a law appropriating funds for a particular purpose; B. There is a contract, made by the proper officer, entered into in conformity w ith the above-mentioned law; C. The goods or services covered by such contract have been delivered or rendere d in pursuance to such contract, as attested by the proper officer; and D. Payment has been authorized by officials of the corresponding department or b ureau.

6) Prosecutors may still review accounts already settled and approved by COA for the purpose of determining possible criminal liability. This is because COA s in terest in such accounts is merely administrative. 7) COA has the power to determine the meaning of public bidding and what constitut es failure when regulations require public bidding for the sale of government pr operty. Section 3. No law shall be passed exempting any entity of the Government or its subsidiary in any guise whatever, or any investment of public funds, from the j

urisdiction of the Commission on Audit. THE CIVIL SERVICE COMMISSION

Composition: 1) Chairman 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 precedi ng their appointment. 5) Appointees by the President to the CSC need Commission on Appointments (CA) c onfirmation Term: 1) 2) 3) 4) Chairman -7 years; Commissioner1 - 5 yrs; Commissioner2 - 3 yrs Limitation: single term only, no reappointment Appointment to vacancy: only for unexpired term of predecessor No temporary appointments, or appointments in acting capacity. Scope: 2 commissioners

Section 2.

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 Cong ress 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 u nder CSC. 4. Jurisdiction is determined as of the time of filing the complaint. Appointments to civil service shall be: A. Competitive positions > According to merit and fitness to be determined by competitive examinations, a s far as practicable except to positions which are policy-determining, primarily confidential, or highly technical. B. Non-competitive positions 1). No need for competitive examinations. 2). 3 kinds a) Policy-determining formulate a method of action for the gov't b) Primarily confidential - more than ordinary confidence; close intimacy insure s freedom of intercourse without betrayals of personal trust.

c) Highly technical-requires technical skill to a superior degree. C. The TEST to determine whether non/competitive is the Nature of the responsibi lities, NOT the administrative or legislative description given to it. D. Both types of positions are entitled to security of tenure. They only differ in the MANNER in which they are filled. E. Who may be appointed: 1). RULE: Whoever fulfills all the qualifications prescribed by law for a parti cular position may be appointed therein. 2). The CSC cannot disapprove an appointment just because another person is bett er qualified, as long as the appointee is himself qualified. 3). The CSC CANNOT add qualifications other than those provided by law. F. Next-In-Rank Rule While a person next in rank is entitled to preferential consideration, it does n ot follow that only he, and no one else, can be appointed. Such person has no v ested right to the position and the appointing authority is not bound to appoint the person next in rank. Tenure (Classification of Positions--below) Security of Tenure: 1) Officers or employees of the Civil Service cannot be removed or suspended EXC EPT for cause provided by law. It guarantees both procedural and substantive due process. 2) For "LEGAL CAUSE" - Cause is: a). related to and affects the administration of office, and b). must be substantial (directly affects the rights & interests of the public) 3) Security of tenure for Non-competitive positions a). Primarily confidential officers and employees hold office only for so long a s confidence in them remains. b). If there is GENUINE loss of confidence, there is no removal, but the expirat ion of the term of office c). Non-career service officers and employees do not enjoy security of tenure. d). Political appointees in the foreign service possess tenure coterminous with that of the appointing authority or subject to his pleasure. 1. Entrance based Non-Career Serviceon merit and fitness to be determined as far as practicable by Career Service 2. Entitled to security of than usual tests technical qualifications. 1. Entrance on bases OTHERor based on highlyof merit and fitness. competitive examinations tenure Tenure limited to: a) Period specified by law, b) Coterminous with the appointing authority or subject to his pleasure, or c) Limited to the duration of a particular project for which purpose the employm 3. was opportunity for advancement to higher career positions. entWith made. 4) One must be VALIDLY APPOINTED to enjoy security of tenure. Thus, one who is n ot appointed by the proper appointing authority does not acquire security of te nure. Abolition of Office To be valid, abolition must be made:

(a) In good faith; (good faith is presumed) (b) Not for political or personal reasons; and (c) Not in violation of law. Temporary employees are covered by the following rules: 1). Not protected by security of tenure - can be removed anytime even without ca use 2). If they are separated, this is considered an expiration of his term. 3). BUT: They can only be removed by the one who appointed them. 4). Entitled only to such protection as may be provided by law. No officer or employee in the Civil Service shall engage in any electioneering o r in partisan political activity 1) Cannot solicit votes in favor of a particular candidate. 2) Cannot give campaign contributions or distribute campaign materials. 3) BUT: Allowed to express views on political issues, and to mention the names of the candidates whom he supports. 4) Prohibition does not apply to department secretaries Right to organize The right to organize does NOT include the right to strike (2005 notes: ability to strike is not essential to the right of association and it is recognized by common law that state can prohibit strikes or work stoppages by public employees) Sections 6-7. DISQUALIFICATIONS Disqualifications 1) Losing candidates in any election a). Cannot be appointed to any office in the government or GOCC's or their subsi diaries 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 OFFIC E 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 res ign his office d). Even Congress cannot, by law, authorize the appointment of an el ective 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 mentione d in Art. VII, Sec. 13. They are governed by the stricter prohibitions containe d therein. Section 8. COMPENSATION 1) Prohibitions: applies to elected or appointed officers and employees Cannot receive: A. Additional - an extra reward given for the same office i.e. bonus B. Double - when an officer is given 2 sets of compensation for 2 different off ices held concurrently by 1 officer C. Indirect Compensation 2) EXCEPTION: Unless specifically authorized by law A. "SPECIFICALLY AUTHORIZED" means a specific authority particularly directed to the officer or employee concerned. B. BUT: per diems and allowances given as REIMBURSEMENT for expenses actually in curred are not prohibited 3) Cannot accept any present, emolument, office, title of any kind from foreign governments UNLESS with the consent of Congress. 4) Pensions and gratuities are NOT considered as additional, double, or indirec t compensation.

THE COMMISSION ON ELECTIONS Section 1. COMPOSITION/QUALIFICATIONS/TERM Composition: (7) 1)Chairman and

2)Commissioners (6) Qualifications: 1) Natural-born citizens of the Philippines; 2) At least 35 years old at the time of appointment 3) Holders of college degrees; and 4) Not candidates for any elective position in the immediately preceding electio ns. 5) Majority of the Commission, including the Chairman must be: a). Members of the Philippines Bar b). Engaged in the practice of law for at least 10 years: any activity in or out of court, which requires the application of law, legal procedure, knowledge, tra ining and experience. 6) Appointments subject to CA approval Term: 1) 2) 3) 4) Chairman -7 yrs; 3 Members - 7 yrs; 2 Members - 5 yrs; 1 Member - 3 yrs. LIMITATION: Single term only: no reappointment allowed Appointment to a vacancy: only for unexpired portion of predecessor s term No temporary appointments, or appointments in acting capacity

a).Thus, the President cannot designate an incumbent commissioner as acting Chai rman. b). The choice of temporary chairman falls under the COMELEC s discretion. Section 2. POWERS AND FUNCTIONS Powers: 1) Enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum, and recall. (a) Ex: COMELEC can enjoin construction of public works within 45 days of an ele ction. 2) Exercise: A. Exclusive original jurisdiction over all contests relating to the elections, returns, and qualifications of all elective 1. Regional, 2. Provincial, and 3. City officials B. Appellate jurisdiction over all contests involving: 1. Elective municipal officials decided by trial courts of general jurisdiction 2. Elective barangay officials decided by trial courts of limited jurisdiction. C.Decisions, final orders, or rulings of the Commission on election contests inv olving elective municipal and barangay offices shall be final, executory, and no t appealable.Exception: Appealable to the SC on questions of law. D.Contempt powers 1.COMELEC can exercise this power only in relation to its adjudicatory or quasijudicial functions. It CANNOT exercise this in connection with its purely execu tive or ministerial functions. 2. If it is a pre-proclamation controversy, the COMELEC exercises quasi-judicial /administrative powers.

3.Its jurisdiction over ial functions.

contests (after proclamation), is in exercise of its judic

E. The COMELEC may issue writs of certiorari, prohibition and mandamus in exerci se of its appellate jurisdiction. This is not an inherent power. 3) Decide, except those involving the right to vote, all questions affecting ele ctions, including determination of the number and location of polling places, ap pointment 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 Philippi nes, 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 governm ent. 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 pri nciples from religious beliefs are registerable. e). Financial contributions from foreign governments and their agencies to polit ical parties, organizations, coalitions, or candidates related to elections cons titute interference in national affairs. If accepted, it is an additional groun d for the cancellation of their registration with the Commission, in addition to other penalties that may be prescribed by law.

1) File, upon a verified complaint, or on its own initiative, petitions in court for inclusion of exclusion of voters; investigate and, where appropriate, prose cute cases of violations of election laws, including acts or omissions constitut ing elections frauds, offenses and malpractices. A. COMELEC has exclusive jurisdiction to investigate and prosecute cases for vio lations of election laws.

B. COMELEC can deputize prosecutors for this purpose. The actions of the prosec utors are the actions of the COMELEC C. Preliminary investigation conducted by COMELEC is valid. 2) Recommend to the Congress effective measures to minimize election spending, i ncluding limitation of places where propaganda materials shall be posted, and to prevent and penalize all forms of election frauds, offenses, malpractices, and nuisance candidacies. 3) Recommend to the President the removal of any officer or employee it has depu tized, or the imposition of any other disciplinary action, for violation or disr egard or, or disobedience to its directive, order, or decision. 4) Submit to the President and the congress a comprehensive report on the conduc t of each election, plebiscite, initiative, referendum, or recall. Section 3. RULES OF PROCEDURE/DECISION-MAKING Rules of Procedure 1) COMELEC can sit en banc or in two divisions 2) It has the power to promulgate its own rules of procedure in order to expedit e disposition of election cases, including pre-election controversies. Decision-Making 1) Election cases should be heard and decided in division. Provided that, 2) Motions for reconsideration of decisions should be decided by COMELEC en banc . 3) Decisions mean resolutions on substantive issues. 1) If a division dismisses a case for failure of counsel to appear, the Motion f or Reconsideration here may be heard by the division. 2) EXCEPTION: COMELEC en banc may directly assume jurisdiction over a petition t o correct manifest errors in the tallying of results by Board of Canvassers.

Section 4. SUPERVISION/REGULATION OF FANCHISES / PERMITS / GRANTS / SPECIAL PRI VILEGES / CONCESSIONS Regulation of franchises A. What can COMELEC supervise or regulate 1).The enjoyment or utilization of all franchises or permits for the operation o f transportation and other public utilities, media of communication or informati on.

2). Grants, special privileges or concessions granted by the Government or any s ubdivision, agency or instrumentality thereof, including any GOCC or its subsidi ary B. When can COMELEC exercise this power 1). During the election period a). Under Article XI, Section 9, the election period commences 90 days before the day of the election and ends 30 days thereafter. b). In special cases, COMELEC can fix a period. 2). Applies not just to elections but also to plebiscites and referenda. 3). Plebiscite: Submission of constitutional amendments or important legislati ve measures to the people ratification 4). Referendum: power of the electorate to approve or reject legislation throug h an election called for that purpose. COMELEC and the MEDIA 1). COMELEC cannot compel print media to donate free ay, however, compel it to provide space after paying 2). Power of COMELEC is over franchises and permits, e, COMELEC may not regulate media practitioners, for dom of expression. space to the COMELEC. It m just compensation. NOT individuals. For exampl this would violate the free

Section 5. No pardon, amnesty, parole, or suspension of sentence for violation of election laws, rules, and regulations shall be granted by the President witho ut the favorable recommendation of the Commission. Section 6 Definition of Political Party organized group of persons pursuing the same political ideals in a government an d includes its branches, and divisions Importance of registration of a political party 1) Registration confers juridical personality on the party. 2) It informs the public of the party's existence and ideals. 3) It identifies the party and its officers for purposes of regulation by the CO MELEC. Section 7. No votes cast in favor of a political party, organization, or coalit ion shall be valid, except for those registered under the party-list system as p rovided in this Constitution. Prohibition on block-voting 1) General rule: Block voting NOT allowed 2) EXCEPTION: those registered under the party-list system Section 8. PARTY LIST SYSTEM No Right to be Represented in Various Boards > Political parties, organizations, or coalitions registered under the party-lis t system shall NOT be represented in the following: 1). 2). 3). 4). Voters registrations boards, Boards of election inspectors, Boards of canvassers, or Other similar bodies.

Poll Watchers > Political parties, etc. are entitled to appoint poll watchers in accordance wi th law. Section 10. Bona fide candidates for any public office shall be free from any f orm of harassment and discrimination. > This section does not give candidates immunity from suit. > Discrimination includes unequal treatment in the availment of media facilities . Section 11. FUNDING How provided 1) Funds certified by the COMELEC as necessary to defray the expenses for holdin g regular and special elections, plebiscites, initiative, referenda and recalls, shall provided in the regular or special appropriations. 2) Funds should be certified by the COMELEC as necessary. Release of funds > Once approved, funds should be released automatically upon certification by th e Chairman of COMELEC.

THE LEGISLATIVE DEPARTMENT SEC. 1. The legislative power shall be vested in the Congress of the Philippine s, 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. Legislative power is the authority to make laws and to alter or repeal them. Classification of legislative power: 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 The original legislative power of the people is exercised via initiative and ref erendum. 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 e stablishing a state religion. 2. Procedural limitations on the manner of passing laws. E.g. generally a bill m ust go through three readings on three separate days (it can be express if provi ded by constitution or implied if it is due to separation of powers or principle of non-delegation). Note:Provided that these two limitations are not exceeded, Congress ower is plenary. legislative p

Corollaries of legislative power: 1. Congress cannot pass irrepealable laws. Since Congress powers are plenary, an d limited only by the Constitution, any attempt to limit the powers of future Co ngresses via an irrepealable law is not allowed. 2. Congress, as a general rule, cannot delegate its legislative power. Since th e 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 and to administrati ve bodies 2. Instances when the Constitution itself allows for such delegation [see Art. V

I Sec. 23(2)]

WHAT MAY CONGRESS DELEGATE: Congress can only delegate, usually to administrative agencies, RULE-MAKING POWE R or LAW EXECUTION. This involves either of two tasks for the administrative ag encies: 1. Filling up the details on an otherwise complete statute; or 2. Ascertaining the facts necessary to bring a contingent law or provision into ac tual operation.

Requisites for a valid delegation (Pelaez v. Auditor General) a) COMPLETENESS-the law must be complete in itself; must set forth a policy to b e executed b) SUFFICIENCY-must fix a standard, the limits of which are sufficiently determi nate or determinable, to which the delegate must conform in the performance of h is functions. * The standard may be express or implied (Edu v. Ericta) * The standard does not have to be found in the law being challenged. It may be embodied in other statutes on the same subject matter as that of the challenged legislation. [Chongbian v. Orbos (1995). Here, the challenged law was the ARM M Organic Act. The standard was found in the Reorganization Act.] * 2006 notes:no delegation if no standard Examples of sufficient standards include: * Assumption by Labor Minister over strikes affecting national interest (Free Te lephone Workers Union v. Minister of Labor and Employment, 1981) * Reorganization of administrative regions in ARMM (Chiongbian v. Orbos, 1995) S tandard may be implied from other laws, e.g. RA 5435 (simplicity, economy, effi ciency) * Fixing of rates by National Telecommunications Commission (Philcomsat v. Alcua z, 1989) The standards used were public safety, public interest, reasonable feas ibility and reasonable rates (case to case basis) * WON rate-fixing is legislative or quasi-judicial * The power to hear a case can be delegated, but not the power to decide. (Amer ican Tobacco Co. v. Director of Patents, 1975) * The power to decide can be delegated provided that the power to delegate such function was not withheld expressly or impliedly. (Realty Exchange v. Sendino, 1994, where the issue was whether the HLURB could split itself into divisions wh en hearing cases instead of meeting en banc.)

What Delegate cannot do:

1.add new standard 2.change legislative policy (from regulate to deregulate) 3.expand powers 2006 notes: Legislative bodies can pass to delegate rules with penal sanctions s o long as (1)it is provided in the statute (2) statute must authorize promulgati on of penal statutes (3) publish in official gazette or newspaper of general cir culation. HOUSE OF SENATE Composition 24 senators who shall be elected at large by the qualified voters of the Philipp ines, as may be provided by law.

Qualifications 1. Natural-born citizen; 4blue 95 notes: unlike in LGU, national positions like senate or congressman, it doesn t matter whether you are dual allegiance or not so long as you are natural born citizen. So therefore, no need to file for express renunciation of foreign citizenship. 2. At least 35 years old on the day of election; 3. Able to read and write; 4blue 95 notes:there s no provision that you know how to speak Pilipino as long as you know how to read or write (even if it is a foreign language). 4. A registered voter; and 5. Philippine resident for at least 2 years immediately preceding the day of the election. Note: The qualifications of both Senators and Members of the House are limited to those provided by the Constitution. Congress cannot, by law, add or subtract from these qualifications.

Term of Office: 6 years, commencing (unless otherwise provided by law) at noon, 30 June next fol lowing their election. Term Limitations: 1. 2. ed ch No Senator shall serve for more than 2 consecutive terms. Voluntary renunciation of office for any length of time shall not be consider as an interruption in the continuity of his service for the full term for whi he was elected.

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 posi tion. 2. Limitation/Possible Reduction a. Term CANNOT be reduced. b. Tenure MAY, by law, be limited. e office automatically vacated when ndidacy for another elective office id, as it only affects the officers HOUSE OF REPRESENTATIVE Composition: 1. Not more than 260 members, unless otherwise fixed by law; and 2. Party-list Representatives Election of 260 members 1. They shall be elected from legislative districts apportioned among the provin ces, cities and the Metropolitan Manila area. 2. Legislative districts are apportioned in accordance with the number of inhabi tants of each area and on the basis of a uniform and progressive ratio. a. Each district shall comprise, as far as practicable, contiguous, compact and adjacent territory; b. Each city with at least 250,000 inhabitants will be entitled to at least one representative. c. Each province will have at least one representative. d. Legislative districts shall be re-apportioned by Congress within 3 years afte r the return of each census. According to 4blue 95, however, while the apportio nment of districts is NOT a political question, the judiciary CANNOT compel Cong ress to do this. e. The standards used to determine the apportionment of legislative districts is meant to prevent gerrymandering , which is the formation of a legislative district out of separate territories so as to favor a particular candidate or party. Qualifications 1. 2. 3. 4. 5. ay Natural born citizen of the Philippines; At least 25 years old on the day of the election; Able to read and write; Registered voter in the district he seeks to represent; and A resident of such district for at least one year immediately preceding the d of the election.

Thus, a provision which considers an electiv the holder thereof files a certificate of ca (except President and Vice-President) is val tenure and NOT his constitutional term.

4blue 95: if a new district is created, he still have to satisfy the 1 year resi dency requirement since the new political district is carved out of an existing geographic area (Aquino v COMELEC)

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 f ollowing their election. 2. Voluntary renunciation of office for any length of time shall not be consider ed as an interruption in the continuity of his service for the full term for whi ch he was elected. Term Limitations No member of the House of Representatives shall serve for more than three (3) co nsecutive terms. 2006 notes:leasing a condo is not permanent residency or domicile so di ka quali fied to run for congress. 2006 notes:in suffrage,you can have 2 places to vote especially if you re working far from home for at least 6 months. 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, 9295 and 95-98 terms), 25 seats shall be allotted to sectoral representatives. Un der 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 th e system depends on the number of votes they get. 4blue 95 notes: no need to fill the 20% quota of party list even if no one will sit ,ok lang. 2006 notes: business groups cannot file as a party list representative since dap at (1) marginalized which means not influential (2) underrepresented. However, p olitical parties may file so long as it satisfies the 2 mentioned requirement. 2006 notes:basis of 2% is the valid votes cast on the party list. 4. a. b. c. Qualifications Natural born citizen of the Philippines At least 25 years of age on the day of the election Able to read and write the Senate or in the House of Representatives, a to fill such vacancy in the manner prescribed by of the House of Representatives thus elected shal term.

SEC. 9. In case of vacancy in SPECIAL ELECTION may be called law, but the Senator or Member l serve only for the unexpired

RA 66445 requisites for special election: 1.resolution from senate or house certifying to existence of vacancy 2.vacancy must occur 18 months (senate) or 1 year(house) before regular election .

4blue 95 notes: taxpayer cannot file a suit to compel holding of election since he has no standing. SEC. 10. Salaries of Senators and Members of the House Salaries of Senators and Members of the House of Representatives shall be determ ined by law. Rule on increase in salaries: No increase in their salaries shall take effect until after the EXPIRATION OF TH E FULL TERM (NOT TENURE) OF ALL THE MEMBERS OF THE SENATE AND THE HOUSE OF REPRE SENTATIVES APPROVING SUCH INCREASE. Since the Constitution provides for rules on salaries and not on emoluments, our dist inguished legislators can appropriate for themselves other sums of money such as travel allowances, as well as other side benefits. 4blue 95 notes: if on June 14,2006 congress approves increase in salary, when wi ll it take effect? It will take effect on noon of June 30,2010. CONGRESSIONAL IMMUNITIES 1.) Immunity from arrest: a. Legislators are privileged from arrest while Congress is in session with respec t to offenses punishable by up to 6 years of imprisonment. Thus, whether Congre ss is in regular or special session, the immunity from arrest applies. b. If Congress is in recess (or in special recess)members thereof may be arreste d. c. The immunity is only with respect to arrests and NOT to prosecution for crimi nal offenses. As such ,4blue 95 states that a private person can file a case, subpoena or orde r arrest of a congressman but latter cannot be arrested while congress is in ses sion. 2006 notes: once arrested you cannot anymore arrest him. 2.) Legislative privilege: No member shall be questioned or held liable in any forum other than his/her res pective Congressional body for any debate or speech in the Congress or in any Co mmittee thereof.

Limitation on the privilege: 1.Protection is only against forum other than Congress itself. Thus for inflammatory remarks which are otherwise privileged, a member may be sa nctioned by either the Senate or the House as the case may be. 2.The speech or debate must be made in performance of their duties as members of C ongress. This includes speeches delivered, statements made, votes cast, as well as bills introduced, and other activities done in performance of their official duties. 3.Congress need NOT be in session when the utterance is made, as long as it form

s part of legislative action, i.e. part of the deliberative and communicative proc ess used to participate in legislative proceedings in consideration of proposed legislation or with respect to other matters with Congress jurisdiction.

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 in terests. They shall notify the House concerned of a potential conflict of interest that m ay arise from the filing of a proposed legislation of which they are authors.

2006 notes: if you re a lawyer, you can still practice your profession but you can not appear as counsel in judicial or quas0i-judicial courts. 2006 notes: with regard loans, prohibition to enter into contracts only applies if such loan is pecuniary or for business but if it is for housing, then its ok to get a loan.

1. Senator/Member WHEN APPLICABLE DISQUALIFICATION of the House cannot hold any other office or employment in the Government or any subdivision, agency or Instrumentality thereof, including IF the his term.subsidiaries.the emoluments his 2. Legislatorswas If be appointed forfeitsthereof increased during the term fo During or theircannothe does so, heto any office.seat. GOCCS office created or r which he was elected. 3. Legislators cannot personally appear as counsel before any court of justice, 4. Legislators of quasi-judicial and During his termcannot be financially interested directly bodies. electoral tribunal,office. administrative or indirectly in any co ntract with or in any franchise, or special privilege granted by the Government, or any subdivision, agency or instrumentality thereof, including any GOCC or it 5.subsidiary. cannot intervene in any matter before any office of the governmen sDuring his term of office. Legislators t.

Grounds for Forfeiture are: 1.holding any other office or employment 2.expulsion as penalty 3.disqualification by electoral tribunal as result of election contest 4.voluntary renunciation of office

4blue 95 notes:congress can still add to this list.

When it is for his pecuniary benefit or where he may be called upon to act on ac count of his office. TYPES OF MAJORITIES:

1.SIMPLE This is the majority of those present (only!) provided there is a quorum, which means if present is 12, so 7 is already deemed as majority. This is used when congress passed ordinary laws and to all acts of congress.

2.ABSOLUTE Majority of all members (so senate ,its 13 since total is 24 senators) Absolute majority is used whenever its breaking tie between President-elect , revocation of marital declarations or suspension of writ, election of speaker or senate president, granting tax exemptions and submitting to people whether to call constitutional convention or not.

3.2/3 MAJORITY Used during : Declaration of war Suspension/expulsion of member Over riding a presidential veto Calling a constitutional convention.

4.3/4 MAJORITY Used when proposing an amendment of the constitution when congress acts as const ituent body.

2006 NOTES: IN IMPEACHMENT ,IT CALLS FOR A DIFFERENT KIND OF MAJORITY.

REGULAR AND SPECIAL SESSIONS Regular Sessions: 1.) Congress convenes once every year on the 4th Monday of July (unless otherwis e provided for by law) 2.) Continues in session for as long as it sees fit, until 30 days before the op ening of the next regular session, excluding Saturdays, Sundays, and legal holid ays. Special Sessions:Called by the President at any time when Congress is not in ses sion.

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(what is major ity/minority? We don t care, its an internal matter so don t go to court to resolve it)

Quorum to do business (senate ,quorum is 7 while in house it is 131): 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 o f each House s 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, unde r the principle of separation of powers, the courts cannot intervene in the impl

ementation 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. 2006 notes: internal rules can be disregarded except if such is the rule mandate d by constitution or that the rights of 3rd persons are affected.

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. 4blue 95 says that discipline of members is not subject to review except when th ere is a showing of grave abuse of discretion. If disorderly behaviour, SC will not interfere (due to separation of powers), an g house na ang bahala magdiscipline. In fact,house can impose a lesser penalty. CONGRESSIONAL JOURNALS AND RECORDS: 1.Record this is the word for word transcript of deliberations.

2.Journal- summary of what transpired.The Journal is conclusive upon the courts (as such it cannot be rebutted, so kahit gi-doctor na ang mga nakalagay doon, it is still conclusive and courts cannot question it except only when it pertains to the yeahs and nayes). Therefore, even if there s insertion, SC cannot inquire since it is conclusive (PJ A v Prado) 3.Enrolled Bill- it is passed by both houses.An enrolled bill prevails over the contents of the Journal. An enrolled bill is the official copy of approved legislation and bears the cert ifications of the presiding officers of each House. Thus where the certificatio ns are valid and are not withdrawn, the contents of the enrolled bill are conclu sive upon the courts as regards the provision of that particular bill. Enrolled Bill doctrine states that enrolled bill is conclusive as to substance ( contents) and to the procedure for its enactment. Except when it pertains to the following: a.withdrawl of signature b.matters which are required to be entered in journal involving the yeahs and na yes (so dapat isali ang yeahs and nayes kung hindi, then journal is not conclusi ve.

Adjournments: 1.) Neither House can adjourn for more than 3 days during the time Congress is i n session without the consent of the other House.

2.) Neither can they adjourn to any other place than that where the two houses a re sitting, without the consent of the other.

THE ELECTORAL TRIBUNAL The Senate and the House shall each have an Electoral Tribunal which shall be co mposed 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 ET s shall be chosen on the basis of propor tional 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, re turns, and qualifications of their respective members. This includes determinin g 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 qualifica tion and claims for himself the seat of a proclaimed winner. 3.) In the absence of an election contest, the ET is without jurisdiction. Howe ver, the power of each House to expel its own members or even to defer their oat h-taking until their qualifications are determined may still be exercised even w ithout an election contest. Issues regarding the Electoral Tribunals:

1.) Since the ET s are independent constitutional bodies, independent even of the House from which the members are respectively taken, neither Congress nor the Co urts may interfere with procedural matters relating to the functions of the ET s, such as the setting of deadlines or filing their election contests with the resp ective 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. Neit her may they be removed for not voting according to party wishes(or due to dislo yalty), 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 ele ction 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 wi th both members from the SC and from the Senate or the House. If all the legisl ator-members of the ET were to be disqualified, the ET would not be able to fulf ill its constitutional functions. 2006 Notes: 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 juris diction or with grave abuse of discretion constituting denial of due process. 2006 notes: between rules passed by congress and that of the tribunal, rules of latter prevails (Lazatin case) Remedies are: 1.Before Proclamation,jurisdiction is with COMELEC 2.After Proclamation(and within 15 days)-ELECTORAL TRIBUNAL 3.Beyond 15 days, it is already with the HOUSE mber since house/senate has right to look into Also if its with regard proclamation if beyond ns statute and questioning validity of special THE COMMISSION ON APPOINTMENTS Composition: 1.) Senate President as ex-officio chairman; 2.) 12 Senators; and 3.) 12 Members of the House. 4blue 95 notes: The 12 Senators and 12 Representatives are elected on the basis of proportional representation from the political parties and party-list organiz ations. 4blue 95 notes:even if less than 12,pwede pa rin. 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 submi ssion to Congress. 3.) The Commission shall rule by a majority vote of all the Members. or SENATE who will remove such me the fitness of its members. 15 days or w/ regard qualificatio election.

Jurisdiction 1.) CA shall confirm the appointments by the President with respect to the follo wing 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 offi ce created by such law shall be subject to confirmation by the CA. 3.) Appointments extended by the President to the above-mentioned positions whil e Congress is not in session shall only be effective until disapproval by the CA or until the next adjournment of Congress.

Meetings of the CA 1.) CA meets only while Congress is in session. 2006 notes:as such, it will not convene, if congress is not in session. 2.) Meetings are held either at the call of the Chairman or a majority of all it s members. 3.) Since the CA is also an independent constitutional body, its rules of proced ure are also outside the scope of congressional powers as well as that of the ju diciary. 2006 Note: The ET and the CA shall be constituted within 30 days after the Sena te and the House of Representative shall have been organized with the election o f the President and the Speaker. 2006 notes: rainbow coalition will not alter the composition.

LEGISLATIVE INQUIRIES A.LIMITS ON LEGISLATIVE INVESTIGATION (SEC 21) 1.in aid of legislation (PRIMARY PURPOSE) -re-examination of law -in connection with proposed law -formulation of a future legislation -in connection with rules in constitution (like impeachment) Either House or any of their committees may conduct inquires in aid of legislatio n . In aid of legislation does not mean that there is pending legislation regarding th e subject of the inquiry. In fact, investigation may be needed for purposes of proposing future legislation.

If the stated purpose of the investigation is to determine the existence of viol ations of the law, the investigation is no longer in aid of legislation but in aid of prosecution . This violates the principle of separation of powers and is beyon d the scope of congressional powers. 2.According to its duly published rules 3.Rights of persons must be respected 2006 notes: like right to privacy and to self-incrimination which is refusal to answer but still he must appear. 4.No pending case in regular court (and not in ombudsman or any administrative body). 2006 notes: if summon by Congress under sec 21, cabinet members cannot refuse to appear and can be held in contempt. The continuance of such incarceration only subsists for the lifetime, or term, o f such body. Once the body ceases to exist after its final adjournment, the pow er to incarcerate ceases to exist as well. Thus, each Congress of the House lasts for only 3 years. But if one is incarcerated by the Senate, it is indefinite because the Senate, w ith its staggered terms, is a continuing body. BUT, in order for a witness to be subject to this incarceration, the primary req uirement is that the inquiry is within the scope of Congress powers. i.e. it is i n aid of legislation. 2006 notes: However, cabinet members and officials lower in rank can refuse to a ppear on the ground of executive privilege. 2006 notes:Executive privilege covers all confidential or classified information between the President and the public officers covered by EO 464, including : (i.) Conversations and correspondence between the President and the public offic ial covered by this executive order (ii.) Military, diplomatic and other national security matters which in the inte rest of national security should not be divulged (iii.) Information between inter-government agencies prior to the conclusion of treaties and executive agreements (iv.) Discussion in close-door Cabinet meetings (v.) Matters affecting national security and public order 2006 notes: Garcillano cannot invoke executive privilege since he is not a membe r of the executive, he is a COMELEC commissioner. 2006 notes: President and the SC Justices are not compelled to appear. 2006 notes: The power to punish for contempt is inherent in Congress and this po wer is sui generis. It cannot be exercised by local government units unless the y are expressly authorized to do so. B. QUESTION HOUR (SEC 22) The purpose of question hour is to enlighten congress in implementation of a law . 4blue 95 notes: As such ,cabinet members may appear or are also free to refuse t o appear except if President force them to appear since they are the President s a lter ego(as such, based on EO 464, the executive officials should secure the co nsent of the President prior to appearing before either House of Congress.)

Appearance by department heads before Congress: 1. Since members of the executive department are co-equals with those of the leg islative department, under the principle of separations of powers, department he ads cannot be compelled to appear before Congress. Neither may the department h eads impose their appearance upon Congress. 2. Department heads may appear before Congress in the following instances: a. Upon their own initiative, with the consent of the President (and that of the House concerned); or b. Upon the request of either House (which cannot compel them to attend) 3. The appearance will be conducted in EXECUTIVE SESSION when: a. Required by the security of state or required by public interest; and b. When the President so states in writing

The following are the officials under executive privilege in aid of legislation (but not in question hour): (i.) Senior officials of executive departments who in the judgment of the depart ment heads are covered by the executive privilege; (ii.) Generals and flag officers of the Armed Forces of the Philippines and such other officers who in the judgment of the Chief of Staff are covered by the exe cutive privilege; (iii.) Philippine National Police (PNP) officers with rank of chief superintende nt orhigher and such other officers who in the judgment of the Chief of the PNP are covered by the executive privilege; (iv.) Senior national security officials who in the judgment of the National Sec urityAdviser are covered by the executive privilege; and (v.) Such other officers as may be determined by the President. DECLARATION OF WAR/EMERGENCY POWERS Vote requirement: (to declare the existence of a state of war) 1. 2/3 of both Houses, in joint session 2. Voting separately Emergency powers: 1. During times of war or other national emergency, Congress may, BY LAW, author ize the President to exercise powers necessary and proper to carry out a declare d national policy. 2. Limitations: a. Powers will be exercised for a limited period only; and b. Powers will be subject to restrictions prescribed by Congress 3. Expiration of emergency powers a. By resolution of Congress or b. Upon the next adjournment of Congress 2006 notes: President has power to declare emergency but no power to exercise si nce such is lodged with the congress. LEGISLATION A.BILLS THAT MUST ORIGINATE FROM THE HOUSE OF REPRESENTATIVES 1. Appropriation bills The primary and specific aim of an appropriation bill is to appropriate a sum of

money from the public treasury.Thus, a bill enacting the budget is an appropria tions bill. It can be general (like the annual budget) or special (like for a certain purpos e like for victims of Mt.Pinatubo) BUT: A bill creating a new office, and appropriating funds therefor is NOT an a ppropriation bill (therefore ,it may originate from senate). Limitations: a. (BAR)Congress cannot increase(an item or the total buget) the appropriations recommended by the President for the operation of the Government as specified in the budget. b. Each provision or enactment in the General Appropriations Bill must relate sp ecifically to some particular appropriation therein and any such provision or en actment must be limited in its operation to the appropriation to which it relate s (so if it has nothing to do with that provision ,aka riders, then it must not be included Doctrine of Inappropriate Provision). c. The procedure in approving appropriations for Congress shall strictly follow the procedure for approving appropriations for other departments and agencies. d. A special appropriations bill must specify the purpose for which it is intend ed and must be supported by funds actually available as certified by the Nationa l Treasurer or to be raised by a corresponding revenue proposal therein. e. Transfer of appropriations (BAR): i. Rule: No law shall be passed authorizing any transfer of appropriations ii. BUT the following may, BY LAW, be authorized to AUGMENT any item in the gene ral appropriations law for their respective offices from savings (so dapat may s avings) in other items of their respective appropriations (things mentioned in e .ii must be satisfied) - President - President of the Senate - Speaker of the House of Representatives - Chief of Justice of the Supreme Court - Heads of the Constitutional Commissions 2006 notes: which means, President can juggle funds only within the executive o r senate President may juggle funds only within senate. f. Discretionary funds appropriated for particular officials shall be: i. Disbursed only for public purposes; ii. Should be supported by appropriate vouchers; and iii. Subject to guidelines as may be prescribed by law. 2. Revenue bills A revenue bill is one specifically designed to raise money or revenue through im position or levy. Thus, a bill introducing a new tax is a revenue bill, but a provision in, for in stance, the Videogram Regulatory Board law imposing a tax on video rentals does not make the law a revenue bill. 3. Tariff bills

4. Bills authorizing the increase of public debt

5. Bills of local application A bill of local application, such as one asking for the conversion of a municipa lity into a city, is deemed to have originated from the House provided that the bill of the House was filed prior to the filing of the bill in the Senate even i f, in the end, the Senate approved its own version.

6. Private bills

2006 notes:The Senate may, however, propose or concur with amendments. 2006 notes:If Congress fails to pass General Appropriations Bill (GAB) by the en d 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 . 2006 notes:For law granting tax exemption : It should be passed with the concurr ence of a MAJORITY of ALL the members of Congress

Specific limitations on legislation 1. No law shall be enacted increasing the Supreme Court s appellate jurisdiction w ithout the SC s advice and concurrence. 2. No law shall be enacted granting titles of royalty or nobility. B. LIMITATIONS FOR BILLS IN GENERAL Every bill shall embrace only one (1) subject, as expressed in the title thereof

1.As a mandatory requirement 2.The title does not have to be a complete catalogue of everything stated in the bill. It is sufficient if the title expresses the general subject of the bill and all the provisions of the statute are germane to that general subject. 3.A bill which repeals legislation regarding the subject matter need not state i n the title that it is repealing the latter. Thus, a repealing clause in the bi ll is considered germane to the subject matter of the bill.

Readings In order to become a law, each bill must pass three (3) readings in both Houses. General rule: Each reading shall be held on separate days & printed copies there of in its final form shall be distributed to its Members three (3) days before i ts passage. Exception: If a bill is certified as urgent by the President as to the necessit y of its immediate enactment to meet a public calamity or emergency, the 3 readi ngs can be held on the same day. 2006 notes: as such , there still 3 readings ,but it need not be conducted in 3 separate days. 2006 notes: if bills are certified to be urgent, then the courts cannot challeng e it. First reading Second reading ed. only the title is read; the bill is passed to the proper committee Entire text is read and debates are held, and amendments introduc

Third reading only the title is read, no amendments/debates are allowed. Vote s hall be taken immediately thereafter and the yeas and nays entered in the journa l. 2006 notes: if house and senate don t agree, then it shall be sent to conference c ommittee which it will review the versions of the bill and it can also amend and add its own version.

3 ways for Bill to become a law are: 1.if signed by President (action) 2.if congress overrides the President s veto by 2/3 vote 3.President fails to communicate his veto 30 days from receipt (inaction) Legislatve veto is the legislative conduct or modified administrative action tak en under a statute ,it can either be affirmative or negative. Impoundment of funds is the refusal by President for whatever reason or for publ ic interest ,to spends funds made available by congress. It is possible here in the Philippines.

Veto power of President: 1. Every bill, in order to become a law, must be presented to and signed by the President. 4blue 95 says that the President cannot veto an ordinary bill, he can only veto an item in an Appropriations, Tariff or Revenue Bills

What is an item? TYPE OF BILL ITEM 1. Revenue/tax bill Subject of the tax and the tax rate imposed thereon (mea ning if its establishments, then ,it is the buildings or the hotel) 2. Appropriations bill Indivisible sum of money dedicated to a stated purpose President can veto it only when it is inappropriate whenever: 1.amend or repeal laws 2.not relate to a particular item 3.extends its operations beyond an item coz if its appropriate then, hindi nya pwede ma-veto (as such ,if budget law,th en dapat budget lang ang laman nito or else it would be considered inappropriate ) 4blue 95 notes:The President may veto particular items in an appropriation, reve nue or tariff bill.This veto will not affect items to which he does not object. Veto of RIDER 1. A rider is a provision which does not relate to a particular appropriation st ated in the bill. 2. Since it is an invalid provision under Section 25(2), the President may veto it as an item. 2. If the President does not approve of the bill, he shall veto the same and ret urn it with his objections to the House from which it originated. The House sha ll 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 d ate 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 to act on the bill. pocket veto whereby the President would simply refuse

Pocket Veto occurs when the President fails to return the bill after congression al adjournment then it is as if he vetoed it. (however, this is not applicable i n Phils, coz here, inaction of the President means that the bill will become a law) 5. To OVERRIDE the veto, at least 2/3 of ALL the members of each House must agre e to pass the bill. In such case, the veto is overridden and becomes a law wit hout need of presidential approval.

POWER TO TAX Limitations: 1) The rule of taxation should be UNIFORM 2) It should be EQUITABLE 3) Congress should evolve a PROGRESSIVE system of taxation. 4) The power to tax must be exercised for a public purpose because the power exi sts for the general welfare 5) The due process and equal protection clauses of the Constitution should be ob served. Delegation of power to fix rates 1) a) b) c) d) Congress may, BY LAW, authorize the President to fix the following: Tariff rates Import and Export Quotas Tonnage and wharfage dues Other duties and imposts

Within the framework of the national development program of the Government As such, it does not include income tax and vat. 2) The exercise of such power by the President shall be within the specified lim its fixed by Congress and subject to such limitations and restrictions as it may impose.

Constitutional tax exemptions: 1) The following properties are exempt from REAL PROPERTY taxes a) Charitable institutions b) Churches, and parsonages or convents appurtenant thereto c) Mosques d) Non-profit cemeteries; and e) All lands, buildings and improvements actually, directly and exclusively used for religious, charitable, or educational purposes. 2) All revenues and assets of NON-STOCK NON-PROFIT EDUCATIONAL institutions are exempt from taxes and duties PROVIDED that such revenues and assets are actually , directly and exclusively used for educational purposes. (Art. XIV Sec 4 (3)) 3) Grants, endowments, donations or contributions used actually, directly and ex clusively for educational purposes shall be exempt from tax. This is subject to conditions prescribed by law. (Art. XIV. Sec 4 (4))

POWER OF THE PURSE No money shall be paid out of the National Treasury EXCEPT in pursuance of an ap propriation made by law. a) This places the control of public funds in the hands of Congress. b) BUT: This rule does not prohibit continuing appropriations. e.g. for debt se rvicing. This is because the rule does not require yearly, or annual appropriat ion. Limitations. a) Appropriations must be for a PUBLIC PURPOSE b) Cannot appropriate public funds or property, directly or indirectly, in favor of (i) Any sect, church, denomination, or sectarian institution or system of religi on or (ii) Any priest, preacher, minister, or other religious teacher or dignitary as such. EXCEPT if the priest, etc is assigned to: - the Armed Forces; or - any penal institution; or - government orphanage; or - leprosarium c) BUT the government is not prohibited from appropriating money for a valid sec ular purpose, even if it incidentally benefits a religion, e.g. appropriations f or a national police force is valid even if the police also protects the safety of clergymen. d) ALSO, the temporary use of public property for religious purposes is valid, a s long as the property is available for all religions Special Funds a) Money collected on a tax levied for a special purpose shall be treated as a s pecial fund and paid out for such purpose only. b) Once the special purpose is fulfilled or abandoned, any balance shall be tran sferred to the general funds of the Government

INITIATIVE AND REFERENDUM Through the system of initiative and referendum, the people can directly propose and enact laws or approve or reject any act or law or part thereof passed by th e Congress or local legislative body. Required Petition a) Should be signed by at least 10% of the total number of registered voters b) Every legislative district should be represented by at least 3% of the regist ered voters

c) Petition should be registered 4blue 95:Example of initiative is change of national anthem and US Bases in the Philippines. 4blue 95: Indirect Initiative is petition filed by accredited people s organizatio n with House of Representative for adoption of a bill into law (which enjoys pre ference at committee level) THE EXECUTIVE DEPARTMENT Section 1. EXECUTIVE POWER Executive power is vested in the President of the Philippines. The scope of this power is set forth in Art. VII of the Constitution. But this power is not limited to those set forth therein. The SC, in Marcos v. Manglapus , referred to the RESIDUAL powers of the President as the Chief Executive of the country, which powers include others not set forth in the Constitution. EXAMPL E: The President is immune from suit and criminal prosecution while he is in of fice. Privilege of immunity from suit is personal to the President and may be invoked by him alone. It may also be waived by the President, as when he himself files suit. BUT The President CANNOT dispose of state property unless authorized by law.

Section 2. QUALIFICATIONS 1) 2) 3) 4) 5) . Natural-born citizen of the Philippines Registered voter; Able to read and write; At least 40 years old on the day of election Philippine resident for at least 10 years immediately preceding such election

Note: The Vice-President has the same qualifications & term of office as the Pr esident. He is elected with & in the same manner as the President. He may be r emoved 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 peopl e. 2) Election returns for President and Vice-President, as duly certified by the p roper 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 cer tificates, 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 major ity 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 dead lock is broken. 7) The Supreme Court en banc shall act as the sole judge over all contests relat ing to the election, returns, and qualifications of the President or Vice-Presid ent and may promulgate its rules for the purpose. 2006 notes:a snap election is legal provided that both Pres and VPres resigns TERM OF OFFICE 1) President a) 6 years beginning at noon on 30 June immediately following the election and e nding 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. 2006 notes: President is immune from suit even in administrative cases so that h is function will not be disturbed.(immunity covers only during your term and doe s not extend to unlawful acts or criminal acts as such it is limited only to off icial acts--- and that such immunity can be waived only by the person who owns t his privilege since it is personal) 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 interru ption in the continuity of service for the full term for which the Vice-Presiden t was elected. 2006 notes:Vice-President is not immune from suits 2006 notes:VP becomes President whenever: a.president elect fails to qualify b.president shall not have been chosen c.when at the beginning of the term, the President dies or becomes permanently d isabled (by Pres written declaration ,or by majority of cabinet by written decla ration or in case of disagreement by latter then by Congress by 2/3 vote) d.when President is removed e.when President resigns either in oral,written, express or implied 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 othe r source during their TENURE What renders protest moot:

1.expiration of term 2.running, winning and assumption of an elective office (operative act of abando nement of office) 3.acceptance of permanent appointment 4.death if no proper appointment is made. However, death alone does not render protest moot and academic since public inte rest is involved. With regard FPJ, who is the proper substitute?Is it Susan Roces? The proper subs titute is the 1st and 2nd candidate and not the wife. Presidential Succession VP-elect President-elect Acting qualify until someone SUCCESSOR VACANCY will befails toPresidentor to be chosenis qualified/chosen as President Both President dies VP becomes President.or is are not chosen or do .resident-electand VP-electpermanently disabled. not qualify or both die, or bot P 1. Senate President disabled. h become permanentlyor 2. In case of his inability, the Speaker of the House shall act as President unt il 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. Vacancies after the office is initially filled: Both President is Vice-President die, become permanently Vice-President and permanently disabled, unexpired term. disabled, President SUCCESSOR VACANCY dies,becomes President for the is impeached, or resigns. are impeache 1. Senate President or d, or resign. 2. In case of his inability, the Speaker of the House shall act as President unt il the President or VP shall have been elected and qualified. 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) 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 Pre sident 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 speci al election to elect a President and a VP. The special election cannot be postp oned. 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. Temporary disability of the President: The temporary inability of the President to discharge his duties may be raised i n either of two ways: a) By the President himself, when he sends a written declaration to the Senate P resident and the Speaker of the House. In this case, the Vice-President will be Acting President until the President transmits a written declaration to the con

trary. b) When a majority of the Cabinet members transmit to the Senate President and t he Speaker their written declaration. (i) The VP will immediately be Acting President. (ii) BUT: If the President transmits a written declaration that he is not disab led, he reassumes his position (iii) If within 5 days after the President re-assumes his position, the majority of the Cabinet retransmits their written declaration, Congress shall decide the issue. In this event, Congress shall reconvene within 48 hours if it is not in session, without need of a call. (iv) Within 10 days after Congress is required to assemble, or 12 days if Congre ss is not in session, a 2/3 majority of both Houses, voting separately, is neede d to find the President temporarily disabled, in which case, the VP will be Acti ng President. 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 For eign Affairs, and the Chief of Staff of the AFP are entitled to access to the Pr esident

DISQUALIFICATIONS President, Vice-President, SOURCE SUBJECTOF DISQUALIFICATION Cabinet Members, Deputies or Assistants of Cabinet Me Prohibited from: mbers 1. Holding any office or employment during their tenure, UNLESS: a. otherwise provided in the Constitution (e.g. VP can be appointed a Cabinet M ember, Sec. of Justice sits on Judicial and Bar Council); or b. the positions are ex-officio and they do not receive any salary or other emol uments therefor (e.g. Sec. of Finance is head of Monetary Board). 2. Practicing, directly or indirectly, any other profession during their tenure;

2006 notes: so kung lawyer ka, di mo malpractice ang profession mo unlike in leg islative na pwede. 3. Participating in any business; 4. Being financially interested in any contract with, or in any franchise, or sp ecial privilege granted by the government or any subdivision, agency or instrume ntality thereof, including GOCC's or their subsidiaries. N.B. The rule on disqualifications for the President and his Cabinet are strict er than the normal rules applicable to appointive and elective officers under Ar Cannot SpousesbeSec. 7. t. IX-B,and 4th degree relatives of thetenure as: (consanguinity or affinity) appointed during President s President 1. 2. 3. 4. 5. . Members of the Constitutional Commissions; Office of the Ombudsman; Department Secretaries; Department under-secretaries; Chairman or heads of bureaus or offices including GOCC s and their subsidiaries

N.B. a. If the spouse, etc., was already in any of the above offices at the time befo re his/her spouse became President, he/she may continue in office. What is proh ibited is appointment and reappointment, NOT continuation in office. b. Spouses, etc., can be appointed to the judiciary and as ambassadors and consu ls. ALLOWED OFFICES BY CONSTITUTION ARE: 1.vice president as member of cabinet 2.secretary of justice as member of judicial and bar council as ex officio 3.can hold other offices in ex officio capacity -which means it should be (1) in accordance with law (2) without additional compensation (3) related to main function. 4blue 95 says that even if they hold another office in ex-officio capacity, stil l they have no additional compensation (which includes per diems ,honorarium, al lowance or some other euphemism) 2006 notes: even if the staff is the one who goes to the meeting of the officer in representative capacity of latter, still the staff cannot be entitled to comp ensation.

Procedure of Appointment: 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. 4blue 95 Note: Once appointee accepts, President can no longer withdraw the app ointment. POWER TO APPOINT (SEC 14-16) Principles: 1.Since the power to appoint is executive in nature, Congress cannot usurp this function. 2.While Congress (and the Constitution in certain cases) may prescribe the quali fications for particular offices, the determination of who among those who are q ualified will be appointed is the President s prerogative (as such, like in case o f Gordon, Congress cannot make office and make a qualification that only the may or is the only person qualified since it encroach already on the prerogative of the President to determine who is qualified) 2006 notes: if local official is the one appointing, then apply the Local Govern ment Code to determine the validity of appointment (but the local official appoi nting cannot hold any other position) 2006 notes:if President, apply this constitutional prohibition in the power to a ppoint. 2006 notes:if it is all other appointments, then apply the civil service law. Scope: The President shall appoint the following: 1) Heads (only the head!) of executive departments (CA confirmation needed): 2) Ambassadors, other public ministers, and consuls (CA confirmation needed). 3) Officers of AFP from rank of colonel or naval captain (CA confirmation needed

). 4) Other officers whose appointment is vested in him by the Constitution (CA con firmation needed), such as: a) Chairmen and members of the COMELEC, COA and CSC. b) Regular members of the Judicial and Bar Council. c) The Ombudsman and his deputies; d) Sectoral representatives in Congress. * 4blue 95 notes: President also appoints members of the Supreme Court and judge s of the lower courts, but these appointments do not need CA confirmation. * 2006 notes:congress and the president cannot add to the list of officers which needed CA confirmantion. 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, who se 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) BUT: Congress cannot, by law, require CA confirmation of the appointment of other officers for offices created subsequent to the 1987 Constitution (e.g. NLR C Commissioners, Bangko Sentral Governor). d) ALSO: Voluntary submission by the President to the CA for confirmation of an appointment which is not required to be confirmed does not vest the CA with jur isdiction. The President cannot extend the scope of the CA s power as provided fo r in the Constitution. TYPES OF APPOINTMENT 1.Appointments by an Acting President: These shall remain effective UNLESS revoked by the elected President within 90 d ays from his assumption or re-assumption of office. Limitation 2 months immediately before the next Presidential elections, and up to the end o f his term, the President or Acting President SHALL NOT make appointments. This is to prevent the practice of midnight appointments. EXCEPTION: a) b) c) ic Can make TEMPORARY APPOINTMENTS To fill EXECUTIVE POSITIONS; If continued vacancies therein will prejudice public service or endanger publ safety.

2.Midnight appointments Not applicable to local officials, it is only the President who can exercise it to fill up positions in the Executive. 3.Regular appointments

4.Ad-interim appointments When Congress is in recess, the President may still appoint officers to position s subject to CA confirmation. These appointments are effective immediately, but are only effective until they are disapproved by the CA or until the next adjournment of Congress. Applies only if position requires confirmation, and that such position is deemed not temporary but permanent. 2006 notes:In ad-interim, even if appointment is confirmed later by CA, still th e appointment is immediately active on date of appointment (not on date of confi rmation by CA) unlike in regular appointment whereby the date of confirmation i s also the date of effectivity of the appointment. 2006 notes: senators and congressmen, once accepted the ad-interim appointment, they forfeit their seat but if they accept regular appointment, they do not auto matically forfeit their seat since they still have to wait for the approval or c onfirmation of the Commission on Appointments (CA)

2006 notes:Appointments to fill an office in an in nature and need no CA approval.

acting capacity are NOT ad-interim

2006 notes:the president can make appointment in acting capacity while congress is in session as long as there s vacancy and not fall under ad-interim appointment . POWER OF CONTROL AND SUPERVISION (SEC 17) 2006 notes:the president has power to transfer of office, power to fix tariff ra tes and contract for loans Power of Control: The power of an officer to alter, modify, or set aside what a subordinate office r has done in the performance of his duties, and to substitute the judgment of t he officer for that of his subordinate. Thus, the President exercises control over all the executive departments, bureau s, and offices. The President s power over government-owned corporations comes not from the Consti tution but from statute. Hence, it may be taken away by statute. Qualified Political Agency: 5) Since all executive and administrative organizations are adjuncts of the Exec utive Department, the heads of such departments, etc. are assistants and agents of the President. 6) 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. 7) Exception: If the acts are disapproved or reprobated by the President.

8) Under Administrative Law, decisions of Department Secretaries need not be app ealed to the President in order to comply with the requirement of exhaustion of administrative remedies. 9) 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: 3) The power of the President to discipline officers flows from the power to app oint the, and NOT from the power control. 4) 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 Head s, the officers, and employees entitled to security of tenure cannot be summaril y removed from office. Power of Supervision: 1) This is the power of a superior officer to ensure that the laws are faithfull y executed by subordinates. 2) The power of the president over local government units is only of general sup ervision. 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 t he 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. 2006 notes:as such, if president appoints A ,then Secretary appoints B, the appo intment of the president prevails Section 20. Power to Contract or Guarantee Foreign Loans Limitations: (1) The President may contract or guarantee foreign loans on behalf of the Repub lic of the Philippines with the prior concurrence of the Monetary Board (and not the legislative); and (2) Subject to such limitations as may be provided by law. Section 21. Foreign Relations Powers include: 2006 notes: only the president is the sole organ of foreign relations, it cannot be questioned by court or be subject of mandamus. (1) Power to negotiate treaties and other international agreements (a) BUT: Such treaty of international agreement must be concurred in by at leas t 2/3 of all Senators (and not by law) in order to be valid and effective in our country . (b) Options of Senate when a treaty is submitted for its approval: Approve with 2/3 majority; Disapprove outright; or Approve conditionally, with suggested amendments. (c) If treaty is not re-negotiated, no treaty (d) If treaty is re-negotiated and the Senate s suggestions are incorporated, the treaty will go into effect without need of further Senate approval.

2006 Note: While our municipal law makes a distinction between international ag reements and executive agreements, with the former requiring Senate approval and the latter not needing the same, under international law, there is no such dist inction. 2006 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 State s will. (ii) International tribunal Treaty will always prevail. A State cannot plead its municipal law to justify n oncompliance 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 Ph ilippines. (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 depor tation. 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, whic h entitles the alien to a full and fair hearing. BUT:The alien is not entitled to bail as a matter of right.

COMMANDER-IN-CHIEF POWERS ( SEC 18) Scope: 1) The President is the Commander-in-Chief of the Armed Forces. 2) Whenever necessary, the President may call out the AFP (whenever it becomes n ecessary only) 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.

DECLARATION OF MARTIAL LAW. 1. a. b. c. Grounds Invasion or Rebellion; and Public safety requires it.

2. The invasion or rebellion must be ACTUAL and not merely imminent.

3. Limitations on declaring Martial law: 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 P resident cannot set aside the revocation. d. In the same manner, at the President s initiative, Congress can extend the same for a period determined by Congress if: i. Invasion or rebellion persist and ii. Public safety requires it. NOTE: Congress CANNOT extend the period motu propio. e. Supreme Court review: i. The appropriate proceeding can be filed by any citizen. ii. The SC can review the FACTUAL BASIS of the proclamation or suspension. iii. Decision is promulgated within 30 days from filing.

Martial Law does NOT: i. Suspend the operation of the Constitution. ii. Supplant the functioning of the civil courts or legislative assemblies. iii. Authorize conferment of jurisdiction on military courts over civilians whe re civil courts are able to function and iv. Automatically suspend the privilege of the writ. As such ,the suspension of the writ : iApplies ONLY to persons judicially charged for rebellion or offenses inherent i n or directly connected with invasion. ii.Anyone arrested or detained during suspension must be charged within 3 days. Otherwise he should be released. 4blue 95 Note: While the suspension of the privilege of writ and the proclamati on of martial law is subject to judicial review, the actual use by the President of the armed forces is not. Thus, troop deployments in times of war is subject to the President s judgment and discretion.

PP 1017:Declaration of State of National Emergency: 2006 notes: declaring a state of emergency has no legal effect since it s a mere d eclaration of certain state of things in our country, as such the President cann

ot do illegal arrest. Therefore, in David v GMA (2006 case), President Arroyo s declaration of a state of rebellion was merely an act declaring a status or condition of public moment or interest, a declaration allowed under the Constitution. 2006case: Justice Mendoza stated that Presidential Proclamation 1017 is not a d eclaration of martial law since it is a mere call by the President to the AFP to prevent or suppress lawless violence. Justice Mendoza further reiterated that ( a) arrests and seizures w/o judicial warrants (b) ban on public assemblies (c) t ake-over of news media and agencies and press censorship (d) issuance of preside ntial decrees are powers which can be exercised by the President as Commander-in -Chief only where there is a valid declaration of Martial law or suspension of t he writ h.corpus. As such, PP 1017 is not a declaration of martial law. 2006 case: however, the exercise of emergency powers do not justify the taking o f privately owned business affected with public interest since this requires del egation of Congress subject to the ff: a.there must be a war or other emergency b.delegation must be for a limited period only c.delegation must be subject to such restrictions as the congress may prescribe d.emergency powers must be exercised to carry out a national policy declared by congress. As such ,the proclamation of state of rebellion do not authorize GMA during emer egency to temporarily take over or direct the operation of any business affected with public interest without authority from congress. 2006 notes:president has power to declare but not power to exercise emergency po wers (since such power is with congress). EXECUTIVE CLEMENCY (SEC 19) Scope: 1.The President may grant the following: a. Pardons (conditional or plenary) Exempts offender from punishment. b. Reprieves Reduction of penalty c. Commutations Postponement of execution to another date. d. Remittance of fines and forfeitures Gives to class for political (criminal/ administrative) offense with concurrence of congress.

2.These may only be granted AFTER conviction by final judgment (and not before). 3.ALSO: The power to grant clemency includes cases involving administrative/crim inal/ tax penalties . 4.Where a conditional pardon is granted, the determination of whether it has bee n violated rests with the President.

Pardon : Cannot be granted: a.Before conviction b.In cases of impeachment (Erap can be pardon coz he s charge with plunder) c.For violations of election laws, rules, and regulation without the favorable r ecommendation of the COMELEC (it is COMELE who recommends and not the board of p ardon and parole) d.In cases of civil or legislative contempt As to effect: a.Does not absolve civil liabilities for an offense. b.Does not restore public offices already forfeited, although eligibility for th e same may be restored (except when such official is declared to be innocent)

Amnesty: 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. (as such, its congress who will recommend and not the National Amnesty council). President alone CANNOT grant amnesty. Amnesty needs concurrence by a majority o f all the members of Congress 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 b ased on this admission of guilt. Only penalties President. concurrence Extinguishes ORDINARY Private A need Nopublic Requires act.POLITICAL Must be concurrence to itself Need notact ofSubject personsmust Granted forINDIVIDUALSoffenses AddressedbeaCongressionaljudicial be proved. PARDON accepted offensemajority notice AMNESTY totoaccepted ofoffenses of all members of Congress the extinguished. CLASS of are It May or may not restore political rights. Absolute pardon restores. Conditional d oes not. Only granted is conviction conviction May beindemnitybefore extinguished. Civilgranted after notor afterby final judgement

LOCAL GOVERNMENT Section 1. TERRITORIAL/POLITICAL SUBDIVISIONS OF THE REPUBLIC OF THE PHILIPPINE S ARE THE: Composition: 1) 2) 3) 4) Provinces Cities; Municipalities; and Barangays

There shall be Autonomous regions in: 1) Muslim Mindanao, and 2) Cordileras [At present, it is only the Cordilera ADMINISTRATIVE region] Note: 1) A third autonomous regions would require a constiutional amendment. 2) These political subdivisions, created by the Constitution cannot be replaced by AMENDMENT, and not by law. 3) While Congress can abolish or eradicate individual units, it cannot abolish an entire class of LGU s Section 2. Local Autonomy 1) All political subdivisions shall enjoy local autonomy 2) This does not mean that the LGU s are completely free from the central governme nt. A. Judiciary may still pass on LGU actions B. President may exercise disciplinary power over LGU officials. SEC. 3. Congress shall enact a local government code which shall provide for a m ore responsive and accountable local government structure instituted through a s ystem of decentralization with effective mechanisms of recall, initiative, and r eferendum, allocate among the different local government units their powers, res ponsibilities, and resources, and provide for the qualifications, election, appo intment and removal, term, salaries, powers and functions and duties of local of ficials, and all other matters relating to the organization and operation of the local units. Section 4. PRESIDENTIAL SUPERVISION OF LGUS Supervision of President 1) 2) A. B. C. The President exercises general supervision over all LGUs The President exercises DIRECT supervision over Provinces Autonomous regions and Independent cities.

3) This power is limited to ensuring that lower officers exercise their function

s in accordance with law. 4) The president cannot substitute his judgment for that of an LGU official unle ss the latter is acting contrary to law. 5) The President may, however, impose administrative sanctions against LGU offic ials, such as suspension for 120 days, and may even remove them from their posts , in accordance with law. 6) Provinces exercise direct supervision over component cities and municipalitie s. 7) Cities and municipalities exercise direct supervision over component barangay s. Section 5. EACH LOCAL GOVERNMENT SHALL HAVE THE POWER TO CREATE OWN SOURCES OF REVENUE/LEVY TAXES, FEES AND CHARGES ETC. Limitations on Power 1) It is subject to such guidelines and limitations as Congress may provide. Se e Local Government Code for examples. 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 I RA 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 recommendati on 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 t he 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 an d 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 LGUs have a share of 40% of the gross collection derived by the national governm ent 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 ju risdiction SEC. 8. TERM OF OFFICE Elective local officials, now including barangay officials have a term of 3 year s. Limitations: 1) 2) ed ch No elective official shall serve for more than 3 consecutive terms Voluntary renunciation of office for any length of time shall not be consider as an interruption in the continuity of his service for the full term for whi he was elected.

SEC. 9. SECTORAL REPRESENTATION IN LGUS Legislative bodies of the local governments shall have Sectoral Representation ( under the LGC) as may be provided by law There should be representatives from: 1) 2) 3) A) B) C) D) The women s sector The workers Third sector (can choose from any of the following) Urban poor Indigenous cultural communities Disabled persons Any other sector as may be determined by the sanggunian

Election of Sector Representatives

SEC. 10. Creation, abolition and division of LGU s 1) Requisites A. Compliance with the requirements of the Local Government Code; and B. Approved by a majority of the votes cast in a plebiscite held in the politica l units DIRECTLY affected. 2) Thus, a province is supposed to be divided into 2 separate provinces, plebisc ite will include voters of the ENTIRE province, and not just the area to compris e the new province. 3) LGC requirements relate to matters such as population, revenue, and area requ irements. Sec. 11. Metropolitan political subdivisions Creation: 1) Congress may create special metropolitan political subdivisions by law. 2) It is subject to a plebiscite Jurisdiction of Metropolitan authority It is limited to basic services requiring coordination. Basic Autonomy of Component Cities and Municipalities 1) The component cities and municipalities retain their basic autonomy 2) They shall be entitled to their own local executive and legislative assemblie s. SEC. 12. CITIES Classification of Cities: 1) Highly urbanized (as determined by law) 2) Component cities (cities still under provincial control); and 3) Independent component cities (non-highly urbanized cities whose voters are pr ohibited by thecity charter from voting in provincial elections) Independence from the Province 1) Highly urbanized cities and independent component cities are independent of t he province. 2) Component cities whose charter contain no such prohibition are still under th e control of the province and its voters may still vote for elective provincial officials. Coordination among LGUS Consolidation and Coordination of Efforts, Services and Resources 1) It is optional on the part of LGUs as shown by the use of the word may 2) It can be done for purposes commonly beneficial to them in accordance with th e law. Under LGC (Section 33)

1) Consolidation and coordination may be done through appropriate ordinances. 2) A public hearing should be conducted and the approval of the sanggunian obtai ned. 3) An LGU can: A. Contribute funds, real estate, equipment and other kinds of property B. Appoint/assign personnel under such terms and conditions as may be agreed upo n by the participating LGUs through Memoranda of Agreement.

Section 14. REGIONAL DEVELOPMENT COUNCILS Who can provide for RDC The President shall provide for RDC or other similar bodies composed of: Composition 1) Local government officials 2) Regional heads of departments and other government offices 3) Representatives of NGOS within the regions For Purpose of 1) Administrative decentralization 2) To strengthen local autonomy 3) To accelerate the economic and social growth and development of the units in the region Section 15. AUTONOMOUS REGIONS Where: 1) Muslim Mindanao 2) Cordillera region Factors: 1) 2) 3) 4) A. B. C. Historical heritage Cultural heritage Economic and social structures, Other relevant characteristics within: The framework of the consititution National sovereignty 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 happen ed in the Cordillera plebiscite)

5) The question of which LGU s 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 Constit ution or by law to the autonomous region shall be vested in the National Governm ent. Examples: 1) Foreign relations, 2) National defense and Security 3) Monetary Affairs Section 20. LEGISLATIVE POWERS The Organic Act of Autonomous Region shall provide for legislative powers over: 1) 2) 3) 4) 5) 6) 7) 8) 9) al 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 gener 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.

THE JUDICIAL DEPARTMENT SEC. 1. JUDICIAL POWER Judicial power includes (MEMORIZE!): a. The duty of the courts to settle actual controversies involving rights which are legally demandable and enforceable(ORDINARY Jurisdiction ); 2006 notes:it focuses on justiciable questions or those pertaining to legality o r constitutionality of an act. b. To determine whether or not there has been a grave abuse of discretion amount ing to lack or excess of jurisdiction on the part of any branch or instrumentali ty of the government (EXTRAORDINARY Jurisdiction). 4blue 95 notes: courts can determine questions of legality with respect to gover nmental action, they cannot review government policy and the wisdom thereof, for these questions have been vested by the Constitution in the Executive and Legis lative Departments. Sec 1(b) focuses on political questions or those of beneficial convenience or is sues not justifiable since it refers to wisdom so its better than congress would resolve it rather than the courts. 1.A political question is one the resolution of which has been vested by the Const itution exclusively in either the people, in the exercise of their sovereign cap acity (either through initiative or referendum)--- COURTS CANNOT REVIEW, 2.or in which full discretionary authority has been delegated to a co-equal bran ch of the Government like the executive or legislative (example is the power of pardon exercised only by the president)--- COURT MAY REVIEW IF THERE IS ABUSE OF

DISCRETION. 2006 notes:Political questions becomes justiciable if it focuses on lawfulness or violations of an act. In short, if it alleged specific provision in constitution that is being violated or it alleged grave abuse of discretion ,then ,it is now transformed into justiciable question. Judicial power is vested in the Supreme Court and such lower courts as may be es tablished by law.Since the courts are given judicial power and nothing more, court s may neither attempt to assume or be compelled to perform non-judicial function s. They may not be charged with administrative functions except when reasonably incidental to the fulfillment of their duties. In order that courts may exercise this power, there must exist the following: e. An actual controversy with legally demandable and enforceable rights; f. Involving real parties in interest; g. The exercise of such power will bind the parties by virtue of the court s appli cation of existing laws. SEC. 2. ROLES OF CONGRESS 1. Defining enforceable and demandable rights and prescribing remedies for viol ations 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 jurisdic tion 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 re-organize courts. b. BUT this power cannot be exercised in a manner which would undermine the secu rity 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) 2006 notes: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 court s. 2006 notes:The courts cannot be asked for advisory opinions.

SEC. 3. FISCAL AUTONOMY 1. The entire judiciary shall enjoy fiscal autonomy. 2. Annual appropriations for the judiciary cannot be reduced below the amount ap propriated for the previous year. 3. Once approved, appropriations shall be automatically and regularly released(e ven if there is revenue shortfall or deficit since they are enjoying fiscal auto nomy CSC v Dept) for use to allocate resources ,charge fees ,determine compensatio n, and disburse funds

2006 notes: judges cannot be assigned to quasi-judicial(like COMELEC and that, 4bl ue 95 says, that you can never appoint anybody in acting capacity in COMELEC) or administrative function. 2006 notes:In petition for review, usually Supreme Court just write in 1 line th e reason for denial and such cannot be challenge. 2006 notes: time in making decisions for SC is 24 months, CA is 12 months and RT C/MTC/Sandiganbayan is 3 months.

Composition of the Supreme Court: 1. Chief Justice and 2. 14 Associate Justices Note: Members of the Supreme Court and of other courts established by law shall not be designated to any agency performing quasi-judicial or administrative fun ctions. Qualifications of members of the SC: 1. Natural born citizen of the Philippines 2. At least 40 years old 3. At least 15 years of experience as a judge or in the practice of law in the Philippines 4. Person of proven competence, integrity, probity and independence.

Qualifications of members of lower collegiate courts (CA, CTA, Sandiganbayan) 1. 2. 3. 4. Natural born citizen of the Philippines Member of the Philippine bar Possesses other qualifications prescribed by Congress Person of proven competence, integrity, probity and independence.

Qualifications of judges of lower non-collegiate courts:

1. Citizen of the Philippines 4blue 95:since citizen lang ang nakalagay and not natural born, so pwede natural ized citizen. 2. Member of the Philippine Bar 3. Possesses other qualifications prescribed by Congress 4. Person of proven competence, integrity, probity and independence.

JUDICIAL AND BAR COUNCIL 1. The Judicial and Bar Council is under the supervision of the SC. A. 1. 2. 3. 4. 5. 6. 7. Is under the supervision of the Supreme Court and is composed of: Chief Justice, as ex-officio chairman Secretary of Justice, as an ex-officio member Representative of Congress, as an ex-officio member Representative of the Integrated Bar A professor of law A retired member of the SC; and Private sector representative

The last four re the regular members of the JBC. Regular members are appointed by the President with CA approval. Regular members serve for 4 years, with stag gered terms. B. Functions of JBC 1. Principal function: recommend appointees to the Judiciary 2. Exercise such other functions as the SC may assign to it. C. Appointments to the Judiciary 1. President shall appoint from a list of at least 3 nominees for each vacancy, as prepared by the JBC. 2. No CA confirmation is needed for appointments to the Judiciary. 3. Vacancies in SC should be filled within 90 days from the occurrence of the va cancy. 4. Vacancies in lower courts should be filled within 90 days from submission to the President of the JBC list.

SEC. 10. SALARIES 1. Salaries of SC Justices and judges of lower courts shall be fixed by law. 2. Cannot be decreased during their continuance in office, but can be increased . 3. Members of the Judiciary are NOT exempt from payment of income tax. SEC. 11. TENURE/DISCIPLINARY POWERS OF SC 1. Members of the SC and judges of the lower courts hold office during good beh avior until a. The age of 70 years old; or b. They become incapacitated to discharge their duties. 2. Disciplinary action against judges of lower courts: a. Only the SC en banc has jurisdiction to discipline or dismiss judges of lowe r courts. b. Disciplinary action/dismissal: Majority vote of SC Justices who took part i n the deliberations and voted therein. 3. a. b. THE Removal of SC Justices: Only by IMPEACHMENT. Cannot be disbarred while they hold office. SUPREME COURT

(Hearing of cases:En banc; orDivisions of 3, 5, or 7.) Cases required to be heard en banc: 1. All cases involving constitutionality of a/an: a. Treaty b. International or executive agreement or c. Law. 2. All cases required to be heard en banc under the Rules of Court: a. Appeals from Sandiganbayan; and b. From the Constitutional Commissions 3. All cases involving the constitutionality, application or operation of a. Presidential decrees b. Proclamations c. Orders d. Instructions e. Ordinances; and f. Other regulations. 4. Cases heard by a division where required majority of 3 was not obtained. 5. Cases where SC modifies or reverses a doctrine or principle of law laid down by the SC en banc or by a division. 6.Its fine more than P10,000 or suspension of official more than 1 year or dismi ssal (2006 notes). 7.Administrative cases to discipline or dismiss judges of lower courts; 2006 notes: if administrative act against judge or employees of judiciary, then Ombudsman has no jurisdiction. 2006 notes:if criminal,and act relates to administrative duties its vested in supr

eme court; but if act not relate to duty (like judge rapes), then ombudsman has jurisdiction and can proceed immediately. 2006 notes:Ombudsman has 2 function: (1)Prelim investigation like the DOJ whereb y purpose is to punish and (2) Admin investigation whereby purpose is to look in to the fitness of an official. 8. Election contests for President and Vice-President. Cases heard by division 1. Must be decided with the concurrence of a majority of the members who took p art in the deliberations and voted thereon. 2. Majority vote in a division should be at least 3 members.

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 attach ed 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). POWERS OF THE SUPREME COURT: 1. SC has ORIGINAL jurisdiction over a. Cases affecting ambassadors, other public ministers and consuls. 4blue 95 Note: This refers to foreign ambassadors, etc., stationed in the Phili ppines. b. Petitions for certiorari, prohibiton, mandamus, quo warranto, and habeas cor pus. 2. SC has APPELLATE jurisdiction over final judgments and orders in the followi ng: a. All cases involving the constitutionality or validity of any i. treaty ii. international or executive agreement iii. law iv. presidential decree v. proclamation vi. order vii. instruction viii. ordinance, or ix. regulation; 4blue 95 notes:usually ,like treaty ,so dapat appellate ,ang ginagawa ng lawyers is that nilalagyan nila ng certiorari para maging original jurisdiction. 2006 notes:treaty has the force of law so it is effective,however, if its treaty v statute, what will prevail is the recent enactment between the two. b. All cases involving the legality of any i. tax ii. impost iii. assessment or iv. toll or

v. any penalty imposed in relation thereto; c. All cases in which the jurisdiction of any lower court is in issue d. Criminal cases where the penalty imposed is reclusion perpetua or higher (aut omatic review is now with the CA); and e. All cases where ONLY errors or questions of law are involved. 3. Temporarily assign lower court judges to other stations in the public intere st. Note: Temporary assignment shall not exceed 6 months without the consent of the judge concerned. 4. 5. a. b. c. d. e. Order a change of venue or place of trial to avoid a miscarriage of justice. Promulgate rules concerning: The protection and enforcement of constitutional rights; Pleading, practice and procedure in all courts; Admission to the practice of law; The Integrated Bar; and Legal assistance to the underprivileged.

Limitations on Rule Making Power a. It should provide a simplified and inexpensive procedure for the speedy dispo sition of cases. b. It should be uniform for all courts of the same grade. c. It should not diminish, increase, or modify substantive rights. 6. Appoint ALL officials and employees of the Judiciary, in accordance with Civ il Service Law. 7. Exercise administrative supervision over ALL courts and the personnel thereof . JUDICIAL REVIEW Judicial Review is the power of the SC to declare a law, treaty, ordinance etc. unconstitutional. Lower courts may also exercise the power of judicial review, subject to the appe llate jurisdiction of the SC. Only SC decisions are precedent, and thus, only SC decisions are binding on all. 2006 notes: In Miraso v CA ,the SC said that the Constitution not only vest in S C the power of judicial review but also in Regional Trial Courts Functions:Checking Legitimating Symbolic Requisites: 1. An ACTUAL CASE calling for the exercise of judicial power It must not be Moot and Academi as such in, Guingona v. CA, since witness Roque had already been admitted into t he witness protection program and had actually fininshed testifying ,the petitio n contesting that Roque s opinion could only be made only if his testimony is subs tantial had become moot and academic A request for advisory opinion is not an actual case or controversy but an actio n for declaratory relief is proper for judicial determination and that where an action of Legislature is alleged to have infringed the Constitution, it becomes not only the right but duty of SC to settle the dispute

2.The question involved must be RIPE FOR ADJUDICATION, i.e. the government act m ust have had an adverse effect on the person challenging it.

3. The question of Constitutionality must be raised in the first instance, or a t the earliest opportunity. In Umali v Guingona, the question of constitutionality of a certain law was not entertained since the issue was raised only in petitioner s motion for reconsider ation . The decision on the constitutional question must be determinative of the case it self since it is a general rule that judicial inquiry is barred into a constitut ional (political) question unless resolution thereof is indispensable to the de termination of the case. As such, the court will not pass upon a question of co nstitutionality since the issue was primarily for accounting which could be reso lved without touching the legality of PD 579 (Mirasol v CA). 2006 notes: earliest opportunity is raising it at trial level. 2006 notes:relative constitutionality means that law which declares constitution al now but in the future it becomes unconstitutional.

4. Resolution of the issue of constitutionality is unavoidable or is the very l is mota.

5.The person challenging the governmental act must have STANDING , i.e. a personal and substantial interest in the case such that he has sustained, or will sustain , direct injury as a result of its enforcement. Legal Standing- a personal and substantial interest in the case such that the pa rty has sustained or will sustain direct injury as a result of the government ac t. 2006 notes: interest means a material interest affected by the decree. Like IBP since it is for practice of law profession so it has no standing to question iss ues regarding military. Petitioners Sanlakas and Partido are juridical persons and are not subject to ar rest and even if they are people s organization still they have no personality or st anding. (Sanlakas v Exec) Neither do SJS officers in their capacity as taxpayers ,citizens since the dispu te has no actual or imminent violation of their rights,as such the courts will n ot touch an issue involving the validity of a law unless there has been a govern mental act accomplished or performed that has a direct adverse effect on the leg al right of the person contesting its legality. 2006 notes: A party s standing in court is a procedural technicality which may be set aside by the court in view of the importance of the issues involved. The following has standing or proper parties.: 1.any citizen- question martial law or habeas corpus

2.concerned citizen-question of transcendental importance (important to life of nation) so it allows suits even to people with no standing. 3.voters-with regard validity of election laws (except telebap case) 4.taxpayer-proper party to question the validity of a law appropriating public f unds for government projects.(Sanidad v Comelec) However, if it is a private fu nd of private company, then ,taxpayer cannot question it. 5.legislator-act which infringes on his prerogative as legislator 6.environmental- even minors can sue if issue is with regard environment. 7.and the Government of the Philippines is a proper party to question the validi ty of its own laws since more than any one, it should be concerned with the cons titutionality of its own acts (Pp v Vera) Effect of a declaration of unconstitutionality: 1. Prior to the declaration that a particular law is unconstitutional, it is co nsidered as an operative fact which at that time had to be complied with. 2. Thus, vested rights may have been acquired under such law before it was decl ared unconstitutional. 3. These rights are not prejudiced by the subsequent declaration that the law is unconstitutional. Orthodox view: unconstitutional act is not a law,it confers no right, no duty he nce inoperative as if it had not been passed at all. Modern view (FOLLOWED IN RP): courts simply refused to recognize rights of parti es as if statute had no existence, however ,certain legal effects of the statute prior to its declaration of unconstitutionality may be recognized Partial Unconstitutionality Requisites: 1.Legislature must be willing to retain valid portion usually shown by the prese nce of a separability clause in law 2.Valid portion can stand independently as law 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, se rve 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,as such they cannot be removed in any mode only by impeachment) 1. Who may be impeached: President VP SC Justices Constitutional Commission members Ombudsman 2. Grounds

Culpable violation of the Constitution treason bribery graft and corruption (croonism) other high crimes or betrayal of public trust Note: It is an exclusive list. Congress cannot, by law, add to the list of impe achable offenses. 1. These officers cannot be charged in court with offenses that have removal fro m office as penalty. 2. The President cannot be charged with murder. 3. A SC Justice cannot be disbarred because this would disqualify him from his p osition. 4. BUT AFTER an official has been impeached, he can be charged with the appropri ate offense. 5. Resignation by an impeachable official does not place him beyond the reach of impeachment proceedings; he can still be impeached. All Other Public Officers and Employees 1. They may be removed from office as provided by law 2. BUT: NOT by impeachment

Impeachable Officers cannot be: 1.disbarred if his being a lawyer is a qualification for position he holds 2.criminally charged for an offense w/c carries with it a penalty of removal fro m office or service w/c amounts to removal. Crim Pres VP SC Justice COMELEC COA Civil x x x Disbarment x x

Since if such officers are disbarred(except VP),they in effect will be removed s ince the position requires them to be a lawyer or CPA. Section 3: PROCEDURE FOR IMPEACHMENT Exclusive Power of House of Representatives The House of Representatives has exclusive power to INITIATE all cases of impeac hment. Procedure: 1. Filling of verified complaint 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 1.) Inclusion of complaint in the order of business with 10 session days 2.) Referral to proper Committee within 3 session days thereafter 3.) Submission of Committee report to the House together with corresponding reso lution

a. b. c. nd

There should be a hearing There should be a majority vote of the members The report should be submitted within 60 days from referral, after hearing, a by a majority vote of ALL its members.

4.) Calendaring of resolution for consideration by the House Should be done within 10 session days from receipt thereof 5.) Vote of at least 1/3 of all Members of the House necessary to: a. Affirm a favorable resolution with the Articles of Impeachment of the Committ ee or b. To override its contrary resolution Note: If the verified complaint or resolution of impeachment was filed by at lea st 1/3 of all the Members of the House, it shall constitute the Articles of Impe achment. Trial in the Senate shall proceed. 7.) Trial in the Senate A. Senate has the sole power to try and decide all cases of impeachment B. For this purpose, the Senators shall be under oath or affirmation a. When the President of the Philippines is on trial, the CJ of the Supreme Cour t presides. However, he/she will not vote. 8.) Judgment of Conviction This requires the concurrence of 2/3 of all the Members of the Senate 9.) Effect of the Impeachment a. Removal from office of the official concerned b. Disqualification to hold any office under the Republic of the Philippines c. Officer still liable to prosecution, trial, and punishment if the impeachable offense committed also constitutes a felony or crime. OFFICE OF THE SPECIAL PROCECUTOR Under the 1987 Constitution, the existing Tanodbayan became the Office of the Sp ecial Prosecutor Powers a. It will continue to function and exercise its powers as now or hereafter may be provided by law b. Exception: Powers conferred on the Office of the Ombudsman The Office of the Special Prosecutor is subordinate to and acts under the orders of the Ombudsman Note: the SC was wrong because the ConCom intended that the SP was to prosecute anti-graft cases. Section 15: RECOVERY OF ILL-GOTTEN WEALTH Prescription, Laches, Estoppel 1.) The right of the State to recover properties unlawfully acquired by public o fficials and employees from them or from their nominees or transferees shall NOT be barred by prescription, laches or estoppel. 2.) Their right to prosecute criminally these officials and employees may prescr ibe.

Section 16: PROHIBITION ON CERTAIN FINANCIAL TRANSACTIONS This prohibition applies to: 1.) 2.) 3.) 4.) 5.) 6.) 7.) 8.) President Vice-President Members of the Cabinet Members of Congress Members of Supreme Court Members of Constitutional Commissions Ombudsman Any firm or entity in which they have controlling interest

When prohibition applies: Prohibition applies during their TENURE. Scope of prohibition: 1)The above mentioned officials cannot obtain, directly or indirectly for BUSINE SS PURPOSES: a. Loans b. Guarantees c. Other forms of financial accommodation From: Government owned or controlled banks; or Government owned or controlled financial institutions. 2)If the loan, etc, is NOT for business purpose, e.g. a housing loan, the prohib ition does not apply.

Section 17: STATEMENTS OF ASSETS, LIABILITIES AND NET WORTH When submitted: Public officer and employee shall submit a declaration under oath of his assets, liabilities and net worth upon assumption of office and as often as required un der the law. When declaration shall be disclosed to the public: These declarations shall be disclosed to the public in a manner provided by law in the case of: 1.) 2.) 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

Section 18: ALLEGIANCE OF PUBLIC OFFICERS AND EMPLOYEES Allegiance to the State and to the Constitution Change in Citizenship/Immigrant Status Incumbent public officers and employees who seek either: a. Change his citizenship; or b. Acquire immigrant status in another country Shall be dealt with by law. If Philippine citizenship is one of the qualifications to the office, the loss o f such citizenship means the loss of the office by the incumbent. The Election Code provides the rules with respect to non-incumbents, i.e. person s running for elective offices. c. The Code provides that permanent residents of or immigrant to a foreign count ry cannot file certificates of candidacy unless they expressly waive their statu s as such This renunciation must be some other than, and prior to, the filling of the cert ificate of candidacy.

SANDIGANBAYAN ( OMBUDSMAN) Sandiganbayan = the anti-graft court * Those who may be removed only by impeachment are not within Ombudsman s jurisdic tion but Ombudsman may investigate any serious misconduct in office allegedly co mmitted by such officials for purpose of filing a verified complaint for impeach ment if warranted.

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

Qualifications: (Ombudsman and his deputies) 1.) Natural born citizen of the Philippines 2.) At least 40 years old at time of appointment 3.) Of recognized probity and independence 4.) Member of the Philippine bar 5.) Must not have been candidate for any elective office in the immediately prec eding election 6.) For Ombudsman: He must have been for ten years or more a. A judge or b. Engage in the practice of law in the Philippines Disqualifications/Prohibitions (under Article IX, Section 2) 1.) Cannot hold any other office or employment during his tenure 2.) Cannot engage in the practice of any profession or in the active management or control of any business which may be affected by the functions of his office 3.) Cannot be financially interested, directly or indirectly, in any contract wi th or in any franchise or privilege granted by the Government, any of its subdiv isions, agencies or instrumentalities, including GOCCs or their subsidiaries

Appointment 1. Of Ombudsman and deputies a. By the president from a list of at least 6 nominees prepared by the Judicial and Bar Council. Vacancies will be filled from a list of 3 nominees b. Appointments do NOT require confirmation c. All vacancies shall be filled within 3 months after they occur. 2.Of other officials and employees of the Office of the Ombudsman d. By the Ombudsman e. In accordance with Civil Service Law

FISCAL AUTONOMY: The Office of the Ombudsman enjoys fiscal autonomy. Its approved annual appropr iations should be automatically and regularly released. It is not for the Court to review the Ombudsman s paramount discretion in prosecut ing or dismissing a complaint filed before his office except when there exist gr ave abuse of discretion (Pp v Velez, February 19,2003) In Marquez v Desierto, June 27,2003: Since the Ombudsman merely conducted an inv estigation, there is no valid reason to compel the production of bank documents or to hold bank manager in contempt for refusing to produce said documents since zones of privacy are recognized in one of our laws which is the Secrecy of Bank Laws.

Term: (Ombudsman and deputies) 1. 7 years with reappointment 2.They are NOT qualified to run for any office in the election immediately succe eding their cessation from office Rank/Salaries: -The Ombudsman has the rank of Chairman of a Constitutional Commission -The Members have the rank of members of a Constitutional Commission 3. Their salaries cannot be decreased during their term of office.

2006 notes: It is within competence of Supreme Court in exercise of its power to promulgate rules governing pleading, practice and procedure in all courts to cr eate a Special division in Sandiganbayan w/c will hear and decide plunder case a gainst former Pres. Joseph Estrada. 2006 notes:The Writ of Amparo is a writ that may be issued by the courts based o n the power of Supreme Court to promulgate rules, for protection and enforcement of constitutional rights.

Powers, Functions and Duties of the Office of the Ombudsman 1. Investigate on its own, or on complaint by any person, any act or omission o f any public official, employee, office or agency, when such act or omission app ears to be illegal, unjust, improper, or inefficient. a. The SC held that the power to investigate and prosecute cases involving publi c officers and employees has been lodged to the Ombudsman. b. The Ombudsman may always delegate his power to investigate. c. The power to investigate includes the power to impose preventive suspension. d. This preventive suspension is not a penalty. e. INVESTIGATE does not mean preliminary investigation. f. The complaint need not be drawn up in the usual form. g. The ILLEGAL act or omission need not be in connection with the duties of the pu blic officer or employee concerned. h. ANY illegal act may be investigated by the Ombudsman. In this regard, the Om budsman s jurisdiction is CONCURRENT with that of the regular prosecutors.

2. Direct, upon complaint or at its own instance, any public official or employ ee 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, a nd correct any abuse or impropriety in the performance of duties. a. The Ombudsman has PERSUASIVE POWER, and may require that proper legal steps a re 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). GOCC s with original charters 3.) Direct the officer concerned to take the appropriate action against a publi c official or employee at fault, and recommend his removal, suspension, demotion , fine, censure, or prosecution, and ensure compliance therewith. a. Final say to prosecute still rests in the executive department. b. The Ombudsman or Tanodbayan may use mandamus to compel the fiscal to prosecut e. c. Ombudsman cannot initiate or investigate a crim/admin complaint filed before his office against a judge since he must first indorse case for appropriate acti on to SC.w/o this,it is deemed encroachment Ledesma v Ca (July 29,2005):Ombudsman has the authority to determine the adminis trative liability of a public official or employee at fault and direct/compel th e head of office to implement the penalty (imposed by the Ombudsman) As such ,it can, not only recommend but can impose suspension upon an official. The Ledesma ruling repealed the ruling in Tapiador v Ombudsman 4.) Direct the officer concerned, in any appropriate case, and subject to such limitations as may be provided by law to furnish it with copies of documents rel ating to contracts or transactions entered into by his office involving the disb ursement or use of public funds of properties, and report any irregularity to CO A for appropriate action. 5.) Request any government agency for assistance and information necessary in th e discharge of its responsibilities, and to examine, if necessary, pertinent rec ords and documents. 6.) Public matters covered by its investigation when circumstances so warrant an d with due process 7.) Determine the cause of inefficiency, red tape, mismanagement, fraud and corr uption in the government and make recommendations for their elimination and the observance of high standards of ethics and efficiency 8.) Promulgate its rules of procedure and exercise such other powers or perform such functions or duties as may be provided by law Note: The Office of the Ombudsman also has the duty to act promptly on complaint s filed in any form or manner against public officials or employees of the gover nment, or any subdivision, agency or instrumentality including GOCCs and their s ubsidiaries. In appropriate cases, it should notify the complainants of the act ion taken and the result thereof.

APPEAL: Fabian vs. Desierto Appeals from decisions of the Office of the Ombudsman in adm inistrative disciplinary cases should be taken to the CA under Rule 43. ?According to A.M. no. 99-2-02-SC (circular promulgated February 9, 1999), any ppeal by way of petition for review from a decision, final resolution or order f the Ombudsman, or special civil action relative to such decision, filed with he SC after March 15, 1999 shall no longer be referred to the CA, but shall be ismissed. a o t d

In Coronel v Desierto ( April 8,2003),the Court suspended its application of the above mentioned circular and referred the case to the Court of Appeals for adju dication on the merits since it appeared prima facie from the petitioner s allegat ion that the Ombudsman committed grave abuse of discretion. 2006 notes: Appellate jurisdiction of Supreme Court over decision of Sandiganb ayan is limited to questions of law only.

REPUBLIC ACT No. 6770 AN ACT PROVIDING FOR THE FUNCTIONAL AND STRUCTURAL ORGANIZATION OF THE OFFICE OF THE OMBUDSMAN AND FOR OTHER PURPOSES. Section 1. Title. - This Act shall known as "The Ombudsman Act of 1989". Section 2. Declaration of Policy. - The State shall maintain honesty and integri ty in the public service and take positive and effective measures against graft and corruption. Public office is a public must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty, efficiency, act with patrio tism and justice and lead modest lives. Section 3. Office of the Ombudsman. - The Office of the Ombudsman shall include the Office of the Overall Deputy, the Office of the Deputy for Luzon, the Office of the Deputy for Visayas, the Office of the Deputy for Mindanao, the Office of the Deputy for the Armed Forces, and the Office of the Special Prosecutor. The President may appoint other Deputies as the necessity for it may arise, as recom mended by the Ombudsman. Section 4. Appointment. - The Ombudsman and his Deputies, including the Special Prosecutor, shall be appointed by the President from a list of at least twenty o ne (21) nominees prepared by the Judicial and Bar Council, and from a list of th ree (3) nominees for each vacancy thereafter, which shall be filled within three (3) months after it occurs, each of which list shall be published in a newspape r of general circulation. In the organization of the Office of the Ombudsman for filling up of positions t herein, regional, cultural or ethnic considerations shall be taken into account to the end that the Office shall be as much as possible representative of the re gional, ethnic and cultural make-up of the Filipino nation. Section 5. Qualifications. - The Ombudsman and his Deputies, including the Speci

al Prosecutor, shall be natural born citizens of the Philippines, at least forty (40) years old, of recognized probity and independence, members of the Philippi ne Bar, and must not have been candidates for any elective national or local off ice in the immediately preceding election whether regular or special. The Ombuds man must have, for ten (10) years or more, been a judge or engaged in the practi ce of law in the Philippines. Section 6. Rank and Salary. - The Ombudsman and his Deputies shall have the same ranks, salaries and privileges as the Chairman and members, respectively of a C onstitutional Commission. Their salaries shall not be decreased during their ter m of office. The members of the prosecution, investigation and legal staff of the Office of t he Ombudsman shall receive salaries which shall not be less than those given to comparable positions in any office in the Government Section 7. Term of Office. - The Ombudsman and his Deputies, including the Speci al Prosecutor, shall serve for a term of seven (7) years without reappointment. Section 8. Removal; Filling of Vacancy. (1) In accordance with the provisions of Article XI of the Constitution, treason , bribery, graft and corruption, other high crimes, or betrayal of public trust. (2) A Deputy, or the Special Prosecutor, may be removed from office by the Presi dent for any of the grounds provided for the removal of the Ombudsman, and after due process. (3) In case of vacancy in the Office of the Ombudsman due to death, resignation, removal or permanent disability of the incumbent Ombudsman shall have been appo inted for a full term. In case the Overall Deputy cannot assume the role of Acti ng Ombudsman, the President may designate any of the deputies, or the Special Pr osecutor, as Acting Ombudsman. (4) In case of temporary absence or disability of the Ombudsman, the Overall Dep uty shall perform the duties of the Ombudsman until the Ombudsman returns or is able to perform his duties. Section 9. Prohibition and Disqualifications. - The Ombudsman, his Deputies and the Special Prosecutor shall not, during their tenure, hold any other office or employment. They shall not, during said tenure, directly or indirectly practice any other profession, participate in any business, or be financially interested in any contract with, or in any franchise, or special privilege granted by the g overnment or any subdivision, agency or instrumentality thereof, including gover nment-owned or controlled corporations or their subsidiaries. They shall strictl y avoid conflict of interest in the conduct of their office. They shall not be q ualified to run for any office in the election immediately following their cessa tion from office. They shall not be allowed to appear or practice before the Omb udsman for two (2) years following their cessation from office. No spouse or relative by consanguinity or affinity within the fourth civil degre e and no law, business or professional partner or associate of the Ombudsman, hi s Deputies or Special Prosecutor within one (1) year preceding the appointment m ay appear as counsel or agent on any matter pending before the Office of the Omb udsman or transact business directly or indirectly therewith. This disqualification shall apply during the tenure of the official concerned. T his disqualification likewise extends to the law, business or professional firm for the same period. Section 10. Disclosure of Relationship. - It shall be the duty of the Ombudsman, his Deputies, including the Special Prosecutor to make under oath, to the best of their knowledge and/or information, a public disclosure of the identities of, and their relationship with the persons referred to in the preceding section. The disclosure shall be filed with the Office of the President and the Office of the Ombudsman before the appointee assumes office and every year thereafter. Th e disclosures made pursuant to this section shall form part of the public record s and shall be available to any person or entity upon request. Section 11. Structural Organization. - The authority and responsibility for the

exercise of the mandate of the Office of the Ombudsman and for the discharge of its powers and functions shall be vested in the Ombudsman, who shall have superv ision and control of the said Office. (1) The Office of the Ombudsman may organize such directorates for administratio n and allied services as may be necessary for the effective discharge of its fun ctions. Those appointed as directors or heads shall have the rank and salary of line bureau directors. (2) The Office of the Overall Deputy shall oversee and administer the operations of the different offices under the Office of the Ombudsman. it shall likewise p erform such other functions and duties assigned to it by the Ombudsman. (3) The Office of the Special Prosecutor shall be composed of the Special Prosec utor and his prosecution staff. The Office of the Special Prosecutor shall be an organic component of the Office of the Ombudsman and shall be under the supervi sion and control of the Ombudsman. (4) The Office of the Special Prosecutor shall, under the supervision and contro l and upon the authority of the Ombudsman, have the following powers:Lawphil@alf (a) To conduct preliminary investigation and prosecute criminal cases within the jurisdiction of the Sandiganbayan; (b) To enter into plea bargaining agreements; and (c) To perform such other duties assigned to it by the Ombudsman. The Special Prosecutor shall have the rank and salary of a Deputy Ombudsman. (5) The position structure and staffing pattern of the Office of the Ombudsman, including the Office of the Special Prosecutor, shall be approved and prescribed by the Ombudsman shall appoint all officers and employees of the Office of the Special Prosecutor, in accordance with the civil service law, rules and regulati ons. Section 12. Official Stations. - The Ombudsman, the Overall Deputy, the Deputy f or Luzon, and the Deputy for the Armed Forces shall hold office in Metropolitan Manila; the Deputy for the Visayas, in Cebu City; and the Deputy for Mindanao, i n Davao City. The Ombudsman may transfer their stations within their respective geographical regions, as public interest may require. Section 13. Mandate. - The Ombudsman and his Deputies, as protectors of the peop le, shall act promptly on complaints filed in any form or manner against officer s or employees of the government, or of any subdivision, agency or instrumentali ty thereof, including government-owned or controlled corporations, and enforce t heir administrative, civil and criminal liability in every case where the eviden ce warrants in order to promote efficient service by the Government to the peopl e. Section 14. Restrictions. - No writ of injunction shall be issued by any court t o delay an investigation being conducted by the Ombudsman under this Act, unless there is a prima facie evidence that the subject matter of the investigation is outside the jurisdiction of the Office of the Ombudsman. No court shall hear any appeal or application for remedy against the decision or findings of the Ombudsman, except the Supreme Court, on pure question of law. Section 15. Powers, Functions and Duties. - The Office of the Ombudsman shall ha ve the following powers, functions and duties: (1) Investigate and prosecute on its own or on complaint by any person, any act or omission of any public officer or employee, office or agency, when such act o r omission appears to be illegal, unjust, improper or inefficient. It has primar y jurisdiction over cases cognizable by the Sandiganbayan and, in the exercise o f his primary jurisdiction, it may take over, at any stage, from any investigato ry agency of government, the investigation of such cases; (2) Direct, upon complaint or at its own instance, any officer or employee of th e Government, or of any subdivision, agency or instrumentality thereof, as well as any government-owned or controlled corporations with original charter, to per form and expedite any act or duty required by law, or to stop, prevent, and corr ect any abuse or impropriety in the performance of duties; (3) Direct the officer concerned to take appropriate action against a public off icer or employee at fault or who neglects to perform an act or discharge a duty

required by law, and recommend his removal, suspension, demotion, fine, censure, or prosecution, and ensure compliance therewith; or enforce its disciplinary au thority as provided in Section 21of this Act: Provided, That the refusal by any officer without just cause to comply with an order of the Ombudsman to remove, s uspend, demote, fine, censure, or prosecute an officer or employee who is at fau lt or who neglects to perform an act or discharge a duty required by law shall b e a ground for disciplinary action against said officer; (4) Direct the officer concerned, in any appropriate case, and subject to such l imitations as it may provide in its rules of procedures, to furnish it with copi es of documents relating to contracts or transactions entered into by his office involving the disbursement or use of public funds or properties, and report any irregularity to the Commission on Audit for appropriate action; (5) Request any government agency for assistance and information necessary in th e discharge of its responsibilities, and to examine, if necessary, pertinent rec ords and documents; (6) Publicize matters covered by its investigation of the matters mentioned in p aragraphs (1), (2), (3) and (4) hereof, when circumstances so warrant and with d ue prudence: Provided, that the Ombudsman under its rules and regulations may de termine what cases may not be made public: Provided further, That any publicity issued by the Ombudsman shall be balanced, fair and true; (7) Determine the causes of inefficiency, red tape, mismanagement, fraud, and co rruption in the government and make recommendations for their elimination and th e observance of high standards of ethics and efficiency; (8) Administer oaths, issue subpoena and subpoena duces tecum, and take testimon y in any investigation or inquiry, including the power to examine and have acces s to bank accounts and records; (9) Punish for contempt in accordance with the Rules of Court and under the same procedure and with the same penalties provided therein; (10) Delegate to the Deputies, or its investigators or representatives such auth ority or duty as shall ensure the effective exercise or performance of the power s, functions, and duties herein or hereinafter provided; (11) Investigate and initiate the proper action for the recovery of ill-gotten a nd/or unexpired wealth amassed after February 25, 1986 and the prosecution of th e parties involved therein. The Ombudsman shall give priority to complaints filed against high ranking gover nment officials and/or those occupying supervisory positions, complaints involvi ng grave offenses as well as complaints involving large sums of money and/or pro perties. Section 16. Applicability. - The provisions of this Act shall apply to all kinds of malfeasance, and non- feasance that have been committed by any officer or em ployee as mentioned in Section 13 hereof, during his tenure of office. Section 17. Immunities. - In all hearings, inquiries, and proceedings of the Omb udsman, including preliminary investigations offenses, no person subpoenaed to t estify as a witness shall be excused from attending and testifying or from produ cing books, papers, correspondence, memoranda and/or other records on the ground that the testimony or evidence, documentary or otherwise, required of him, may tend to incriminate him or subject him to prosecution: Provided, That no person shall be prosecuted criminally for or on account of any matter concerning which he is compelled, after having claimed the privilege against self-incrimination, to testify and produce evidence, documentary or otherwise. Under such terms and conditions as it may determine taking into account the pert inent provisions of the Rules of Court, the Ombudsman may grant immunity from cr iminal prosecution to any person whose possession and production of documents or other evidence may be necessary to determine the truth in any hearing, inquiry or proceeding being conducted by the Ombudsman or under its authority, in the pe rformance or in the furtherance of its constitutional functions and statutory ob jectives. The immunity granted under this and the immediately preceding paragrap h shall not except the witness from criminal prosecution for perjury or false te stimony nor shall he be exempt from demotion or removal from office. Any refusal to appear or testify pursuant to the aforecited provisions shall be

subject to punishment for prompt contempt and removal of the immunity from crimi nal prosecution.

Section 18. Rules of Procedure. (1) The Office of the Ombudsman shall promulgate its rules of procedure for the effective exercise or performance of its powers, functions, and duties. (2) The rules of procedure shall include a provision whereby the Rules of Court are made suppletory. (3) The rules shall take effect after fifteen days following the completion of t heir publication in the Official Gazette or in three (3) newspapers of general c irculation in the Philippines, one of which is printed in the national language. Section 19. Administrative Complaints. - The Ombudsman shall act on all complain ts relating, but not limited to acts or omissions which: (1) Are contrary to law or regulation; (2) Are unreasonable, unfair, oppressive or discriminatory; (3) Are inconsistent with the general course of an agency's functions, though in accordance with law; Proceed from a mistake of law or an arbitrary ascertainmen t of facts; Are in the exercise of discretionary powers but for an improper purp ose; or Are otherwise irregular, immoral or devoid of justification. Section 20. Exceptions. - The Office of the Ombudsman may not conduct the necess ary investigation of any administrative act or omission complained of if it beli eves that: (1) The complainant has a adequate remedy in another judicial or quasi-judicial body; (2) The complaint pertains to a matter outside the jurisdiction of the Office of the Ombudsman; (3) The complaint id trivial, frivolous, vexatious or made in bad faith; (4) The complaint has no sufficient personal interest in the subject matter of t he grievance; or (5) The complaint was filed after one year from the occurrence of the act or omi ssion complained of. Section 21. Officials Subject to Disciplinary Authority; Exceptions. - The Offic e of the Ombudsman shall have disciplinary authority over all elective and appoi ntive officials of the Government and its subdivisions, instrumentalities and ag encies, including Members of the Cabinet, local government, government- owned or controlled corporations and their subsidiaries, except over officials who may b e removed only by impeachment or over Members of Congress, and the Judiciary. Section 22. Investigatory Power. - The Office of the Ombudsman shall have the po wer to investigate any serious misconduct in office allegedly committed by offic ials removable by impeachment, for the purpose of filing a verified complaint fo r impeachment, if warranted. In all cases of conspiracy between an officer or employee of the government and a private person, the Ombudsman and his Deputies shall have jurisdiction to incl ude such private person in the investigation and proceed against such private pe rson as the evidence may warrant. The officer or employee and the private person shall be tried jointly and shall be subject to the same penalties and liabiliti es. Section 23. Formal Investigation. (1) Administrative investigations conducted by the Office of the Ombudsman shall be in accordance with its rules of procedure and consistent with due process. (2) At its option, the Office of the Ombudsman may refer certain complaints to t he proper disciplinary authority for the institution of appropriate administrati ve proceedings against erring public officers or employees, which shall be termi nated within the period prescribed in the civil service law. Any delay without j

ust cause in acting on any referral made by the Office of the Ombudsman shall be a ground for administrative action against the officers or employees to whom su ch referrals are addressed a and shall constitute a graft offense punishable by a fine of not exceeding five thousand pesos (P5,000.00). (3) In any investigation under this Act the Ombudsman may (a) enter and inspect the premises of any office, agency, commission or tribunal; (b) examine and have access to any book, record, file document or paper; and (c) hold private hearin gs with both the complaining individual and the official concerned. Section 24. Preventive Suspension. - The Ombudsman or his Deputy may preventivel y suspend any officer or employee under his authority pending an investigation, if in his judgement the evidence of guilt is strong, and (a) the charge against such officer or employee involves dishonesty, oppression or grave misconduct or neglect in the performance of duty; (b) the charges would warrant removal from t he service; or (c) the respondent's continued stay in office may prejudice the c ase filed against him. The preventive suspension shall continue until the case is terminated by the Off ice of the Ombudsman but not more than six months, without pay, except when the delay in the disposition of the case by the Office of the Ombudsman is due to th e fault, negligence or petition of the respondent, in which case the period of s uch delay shall not be counted in computing the period of suspension herein prov ided. Section 25. Penalties (1) In administrative proceedings under Presidential Decree No. 807, the penalti es and rules provided therein shall be applied. (2) In other administrative proceedings, the penalty ranging from suspension wit hout pay for one year to dismissal with forfeiture of benefits or a fine ranging from five thousand pesos (P5,000.00) to twice the amount malversed, illegally t aken or lost, or both at the discretion of the Ombudsman, taking into considerat ion circumstances that mitigate or aggravate the liability of the officer or emp loyee found guilty of the complaint or charges. Section 26. Inquiries. (1) The Office of the Ombudsman shall inquire into acts or omissions of a public officer, employee, office or agency which, from the reports or complaints it ha s received, the Ombudsman or his Deputies consider to be: (a) contrary to law or regulation; (b) unreasonable, unfair, oppressive, irregular or inconsistent with the general course of the operations and functions of a public officer, employee, office or agency; (c) an error in the application or interpretation of law, rules or regulations, or a gross or palpable error in the appreciation of facts; (d) based on improper motives or corrupt considerations; (e) unclear or inadequately explained when reasons should have been revealed; or (f) inefficiently performed or otherwise objectionable. (2) The Office of the Ombudsman shall receive complaints from any source in what ever form concerning an official act or omission. It shall act on the complaint immediately and if it finds the same entirely baseless, it shall dismiss the sam e and inform the complainant of such dismissal citing the reasons therefor. If i t finds a reasonable ground to investigate further, it shall first furnish the r espondent public officer or employee with a summary of the complaint and require him to submit a written answer within seventy-two hours from receipt thereof. I f the answer is found satisfactory, it shall dismiss the case. ?? ?? ??

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