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CONSTI LAW REVIEW NOTES I.

OVERVIEW OF THE CONSTITUTION Political Law that branch of public law which deals with the organization and operations of the governmental organs of the state and defines the relations of the state with inhabitants of its territory (Macariola vs Asuncion 114 SCRA 77) Constitutional Law is that branch of political law which treats of the nature of constitutions, their establishment, construction and interpretation and the validity of the enactments in conformity with the fundamental law. It is the study of the maintenance of the proper balance between the authority as represented by the three inherent powers of the state and the liberty as guaranteed by the bill of rights. (Isagani Cruz Consti Law 1 2000 Ed) Political Law vs. Constitutional Law Constitutional Law treats of the constitution and organic law while Political Law includes not only the constitution and organic law but also statutory law. Purpose or functions of the Constitution 1. To prescribe the permanent framework of a system of government 2. To assign to the several departments their respective powers and duties; and 3. To establish certain fixed principles on which government is founded. Theoretical Basis of the Constitution- Social Contract Theory It states that the constitution is not only a document that allocates power to the different branches of government but also a social pact between the state and the people whereby the people have surrendered their common powers to the state for the common good. SURRENDER OF THEIR SOVEREIGN AUTHORITY TO THE STATE, CONVERSELY THE STATE HAS A LEGAL AND MORAL OBLIGATION TO THOSE IT GOVERNS. Parts of the Constitution a. Constitution of Liberty sets forth the fundamental civil and political rights of the citizens and imposes certain limitations on the powers of government as a means of securing the employment of these rights. b. Constitution of Government-relates to a series of prescriptions outlining the framework or organization of the government, enumerating its powers, laying down certain rules relative to the administration and defining the electorate. c. Constitution of Sovereignty points out the mode of procedures by which formal change sin the fundamental law may be brought about. 1

II. AMENDMENT TO THE CONSTITUTION Article XVII, Sections 1, 2 & 3 Amendment vs. Revision Amendment - isolated or piecemeal change in the constitution Revision - overhaul or rewriting of the entire constitution

Steps in the Amendatory OR Revision Process A. Proposal


1. 2. a.

By Congress upon a vote of of all its members By Constitutional Convention By 2/3 votes of all its members constituting itself as a constituent assembly By a majority vote of all members of congress submitting to the electorate the question of whether or not to call a constitutional convention
b.

Gonzales vs. Comelec, 21 SCRA 774 (1968) 3. By the people thru initiative (See R.A. 6735 August 4, 1989) Requisites: People themselves must directly propose the amendments b. Petition of at least 12% of the total number of registered voter c. 12% must be represented by at least 3% of the registered voter of every legislative district.
a.

Note the following cases: Santiago vs. Comelec, G.R. 127325, March 19, 1997 Lambino v. Comelec, G.R. No. 174153, October 25, 2006 Latest ruling in Lambino v. Comelec G.R. No. 174153 November 21, 2006 where the Supreme Court catyegorically resolved that the framers of the constitution intended to limit peoples intiiative to propose only amendments and not revisions. Limitiations on the exercise of amendments through intiative: It cannot be exercised more than once every 5 years from the time the provision or the intiative takes effect
a.

Must not be inconsisitent with the principles of jus cogens; B. Submission


b.

Doctrine of Proper Submission states that the plebiscite must be held not earlier than 60 days nor later than 90 days after the approval of the proposal by congress or the constitutional convention or after the certification by the COMELEC of the sufficiency of the petition in case of peoples initiative. (Tolentino vs. Comelec, 41 SCRA 702 (1971) Plebiscite may be held on the same day as regular elections (Occena vs. COMELEC 104 SCRA 1) Ratification - Article XVII, Section 4, Paragraphs 1 & 2 MAJORITY of the votes cast in a plebiscite.

C.

The position of the Constitutional Convention in our system of government

There are three (3) theories on the position of Constitutional Convention vis--vis regular department of government. Theory of Conventional Sovereignty b. Convention is inferior to other departments c. Independent and co-equal to the other departments
a.

In Mabanag vs. Lopez Vito 78 Phil 1 the consitutuonal convention is independent of and co-equal to the other departments of government. JUDICIAL REVIEW OF AMENDMENTS Amendments are subject to judicial review because invariably, the issue will boil down to whether or not the constitutional provision on amendments and/or revisions had been followed. (Sanidad v. COMELEC 78 SCRA 333) III. THE POWER OF JUDICIAL REVIEW Doctrine of Constitutional Supremacy If a law violates any norm of the constitution, that law is null and void; it has no effect. The Constitutional supremacy produced the power of judicial review The power of judicial review of the courts is the power to test the validity of executive and legislative acts in light of their conformity with the constitution. [Angara vs. Electoral Commission 63 Phil. 139] The exercise of this power is not an assertion of the superiority of the courts over the other departments or branches of government but merely an expression of the supremacy of the constitution. The duty remains to assure that the supremacy of the constitution is upheld. [Aquino vs. Enrile 59 SCRA 183] 3

The power is inherent in the Judicial Department by virtue of the separation of powers. Such power vested in the courts is expressly provided in Article VIII Section 1 of the Constitution which defined Judicial Power and the explicit grant under Sections 4 (2) and 5 (2). Such power of judicial review is not limited to the Supreme Court but includes the Regional Trial Courts by virtue of the express provisions of BP 129 granting RTCs the authority to rule on the conformity of the laws and treaties with the constitution Functions of Judicial Review i. Checking ii. Legitimating iii. Symbolic Function to educate the bench and the bar Requisites of Judicial Review a. Actual Case or Controversy Ripeness Doctrine there must be a conflict of legal rights which can be resolved on the basis of the law and jurisprudence. The controversy must be definite and concrete bearing upon the legal relations of the parties and must extant at all stages of the proceedings and not only at the time of the filing of the complaint. The issues raised must be ripe for judicial determination The issues raised must not be moot and academic or one that ceases to have a justiciable controversy by virtue of supervening events so that the declaration thereon would have no practical use or value. Exception- Even if it is moot and academic the court may still exercise the power of judicial review as held in David vs. Macapagal Arroyo (May 3, 2006), Lacson vs. Perez (May 10, 2001) and Sanlakas vs. Executive Secretary (February 3, 2004) (1) if there is grave violation of the constitution (2) there is an exceptional character in the situation and paramount public interest is involved (3) the constitutional issue raised require formulation of controlling principles to guide the bench, the bar and the public (4) the case is capable of repetition yet evasive of review. A request for advisory opinion is not an actual case or controversy but an action for declaratory relief is proper for judicial determination. (PACU vs. Secretary of Education 91 Phil 806) b) the constitutional question must be raised by a proper party A proper party is one who has sustained or in imminent danger of sustaining an injury as a result of the acts complained of. To be a proper party, one must have a legal standing or Locus standi 4

To determine legal standing, the Court in People vs. Vera (65 Phil 56 ) adopted the DIRECT INJURY TEST, which states that a person who impugns the validity of the statute must have personal and substantial interest in the case such that he has sustained or will sustain direct injury as a result. In IBP vs. Zamora (August 15, 2000) the Supreme Court clarified that the term interest means material interest, an interest in issue affected by the challenged official act, as distinguished from mere interest in question involved or a mere incidental interest. However in recent decisions, the Supreme Court has adopted a more liberal stance and recognized the legal standing of petitioners who invoked a PUBLIC RIGHT allegedly breached by a governmental act. Exception In the case of David vs. Macapagal Arroyo, the Supreme Court summarized its earlier rulings and declared the petitioners may be given standing provided the following requirements are present: 1. The case involves constitutional issues 2. For tax payers, there must be a claim for of illegal disbursement of public funds or that the tax measure is unconstitutional 3. For voters, there must be a showing of the obvious interest in the validity of the election law in question 4. For concerned citizens, there must be showing that the issues raised is of transcendental importance which must be settled early 5. For legislators, there must be a claim that the official action complained of infringes their prerogatives as legislator In People vs. Vera, 65 Phil 56 the Supreme Court declared that the government is also a proper party to question its own laws because more than anyone else, it should be concerned with the constitutionality of its acts. The established rule is that a party can question the validity of a statue only if, as applied to him, it is unconstitutional.

The exception is the concept of Facial Challenge which is limited in its operation in the area of freedom of expression. In his concurring opinion in the case of Cruz Vs. DENR December 6, 2000, Justice Mendoza declared that in such a situation the OVERBREADTH DOCTRINE permits a party to challenge the validity of the statue even though if applied to him, it is not unconstitutional, but it might be if applied to others not before the court whose activity are constitutionally protected. Invalidation of the statute ON ITS FACE rather that AS APPLIED is allowed in the interest of preventing a chilling effect on the freedom of expression. Void for Vagueness Rule Related to the over breadth doctrine, it holds that law is facially invalid if men of common intelligence must necessarily guess at its meaning and differ as to its application. 5

c. The constitutional question must be raised at the earliest opportunity Matibag vs. Benipayo April 2, 2002

d. Necessity of deciding the constitutional question/ the decision in the constitutional question must be determinative of the case itself. Because of the doctrine of separation of powers, the courts will refrain from deciding the constitutional issues if there are some other basis that can be used in arriving at the decision. The constitutional issue to be resolved must be the lis mota of the cases because the claim on the case cannot be resolved without resolving the issue on constitutionality, Effects of Declaration of Unconstitutionality (Art. 7 Civil Code) Orthodox View An unconstitutional act is not a law; it confers no rights; it imposes no duties; it affords no protection; it is inoperative. Modern View Certain legal effects of the statute prior to its declaration of unconstitutionality may be recognized (Pelaez vs Auditor General, 15 SCRA 569) Requisites: Partial Unconstitutionality A. Legislature is willing to retain the valid portion as shown by the separability clause. B. The valid portion stands independently as a law.

IV.. THE PHILIPPINES AS A SOVEREIGN STATE A. State A community of persons, more or less numerous, permanently occupying a definite portion or territory, independent of external control, and possessing a government to which a great body on inhabitants render habitual obedience (Collector of Internal Revenue v. Campos Rueda, 42 SCRA 23 (1971). B. Elements: People Territory The Archipelagic Doctrine It is the principle whereby the body of water studded with islands, or the islands surrounded with water, is viewed as a As inhabitants [Sec. 2 Art. 3, Sec. 1 Art. 13] As Citizens [Preamble, Secs. 1 & 4 Art. 2, Sec. 7 Art. 3] As Electors [Sec. 4 Art. 7]

unity of islands and waters together forming one integrated unit. For this purpose, it requires that baselines be drawn by connecting the appropriate points of the outermost islands to encircle the islands within the archipelago. We consider all the waters enclosed by the straight baselines as internal water.

A. Elements of Archipelagic Doctrine 1. Definition of internal waters 2. The straight line method of delineating the territorial sea. Straight Baseline Method drawn connecting selected points on the coast without departing to any appreciable extent from the general direction of the coast. RA 3046 and RA 5446 have drawn straight baselines around the Philippines. Article 1- 1987 Constitution It includes: 1. The Philippine archipelago; 2. All other territories over which the Philippines has sovereignty or jurisdiction; 3. The territorial sea, seabed, subsoil, insular shelves and other submarine areas, including, fluvial and aerial domains. Territories Covered under the Definition of Article I 1987 Constitution 1. Those included in the Treaty Limits Treaty of Paris (1898) Treaty between Spain and U.S. concluded at Washington, D.C. on Nov. 7, 1900 which was not defined in the Treaty of Paris, specifically the islands of Cagayan, Sulu and Sibuto. U.S. and Great Britain on January 2, 1930 specifically the Turtle and Mangsee islands. 2. The island of Batanes, which was covered under a general statement in the 1935 Constitution. 3. Those contemplated in the phrase belonging to the Philippines by historic right or legal title in the 1973 Constitution. 4. All other territories which the Philippines has sovereignty and jurisdiction. This includes any territory which presently belongs or might in the future belong to the Philippines through any of the internationally modes of acquiring territory. U.N Convention on the Law of the Sea, April 30, 1982 7

Provides for a) contiguous zone of 12 Miles [12 Mile Rule] and b) Two Hundred-Mile Exclusive Economic Zone Concept of archipelagic waters, territorial sea and internal waters. Archipelagic waters refer to areas enclosed as internal waters by using the baseline method which had not been previously considered as internal waters. (See Article 53 of UNCLOS) Territorial sea is an adjacent belt of sea with a breadth of 12 nautical miles measured from the baselines of a state and over which the state has sovereignty. (Articles 2, 3 of UNCLOS) Internal waters refer to all waters, landwards from the baseline of the territory. Concept of contiguous zone vs. exclusive economic zone Contiguous Zone is a zone contiguous to the territorial sea and extends up to twelve nautical miles from the territorial sea and over which the coastal state may exercise control necessary to prevent infringement of its customs, fiscal, immigration of sanitary laws and regulations within its territory or territorial sea. (UNCLOS) The Exclusive Economic Zone extends 200 nautical miles from the baseline. The EEZ is recognized in the UN Convention of the Law of the Sea. Although it is not part of the national territory, exclusive economic benefit is reserved for the country within the zone. By virtue of Presidential Decree No. 1599, the Philippine declared that it has sovereign rights to explore, exploit, conserve and manage the natural resources of the seabed, subsoil, and superjacent waters. Other states are prohibited from using the zone except for navigation and overflight, laying of submarine cables and pipeline, and other lawful uses related to navigation and communication. Government US vs. Dorr 2 Phils. 332 - The agency or instrumentality through which the will of the state is formulated, expressed and realized. Functions of Government: Constituent (governmental or mandatory) involves the exercise of sovereignty and therefore compulsory, i.e. Bureau of Customs Ministrant (proprietary or optional) merely connotes the exercise of proprietary functions and thus considered as optional, i.e. GOCCs Doctrine of Parens Patriae - Literally parent of the people, the government must act as the guardian of the rights of the people

who may be disadvantaged or sufferings from disability or some misfortune. Classification of Government: De Jure vs. De Facto Presidential vs. Parliamentary

Sovereignty the supreme and uncontrollable power of the state to command obedience. Effects of change of sovereignty or belligerent occupation Political laws are deemed abrogated, however municipal laws remains in effect. [Macariola vs. Asuncion 114 SCRA 77] Doctrine of State Immunity from Suit (Art XVI, Sec. 3) The State cannot be sued without its consent. In Republic v. Villasor, 54 SCRA 83 (1973) Also known as the Royal Prerogative of Dishonesty, states that there can be no legal right against the authority which makes the law on which the right depends. When a suit considered as against the State? Begoso v. Chairman, Philippines Veterans Adm.., 32 SCRA 466 (1970) Del Mar v. Philippines Veterans Adm., 51 SCRA 340 (1973) Republic v. Feliciano, 148 SCRA 424 (1987) Sanders vs. Veridiano 162 SCRA 88 The test if a suit is against the state is whether or not the enforcement of the decision, rendered against the officer or agency impleaded requires an affirmative act from the state, such as an appropriation of an amount to satisfy judgment. When can the state be sued? When the state gives its consent express or implied Republic v. Feliciano, 148 SCRA424 (1987)

Express consent In Republic v. Purisima, 78 SCRA 470 (1977), the express consent must come from the state acting through a duly enacted statute. A mere counsel of the government cannot validly waive the immunity from suit. 1. Money claims arising from contracts o Sayson v. Singson, 54 SCRA 282 9

o Act No. 3083 which declares that the Government of the Philippine Islands consents and submits to be sued upon any money claims involving liability arising from contracts express or implied. o This must be correlated with Commonwealth Act No. 327 as amended by PD 1445 which provides that a claim against the government must first be filed with the Commission on Audit which must act upon it within 60 days. Rejection or inaction on the claim will authorize the claimant to effect the suit against the state with its consent. 2. Special Laws Quasi delicts committed by special agents under Art. 2180 of the Civil Code; Meritt v. Government of the Philippines Islands, 34 Phil. 311 (Government Liability for quasi delict if committed by special agents) Local Government Units can be sued as enunciated under Section 22 of the Local Government Code.

3. Incorporated/Unincorporated Government Owned or Controlled Corporations Incorporated if the charter provides that the agency can sue and be sued, and then suit will lie, including one for tort. The provision in the charter constitutes express consent on the part of the state to be sued (PNB vs. CIR, 81 SCRA 314). Unincorporated inquire into the principal functions of the agency. If governmental function NO suit without consent. NOTE: Even in the exercise of proprietary functions INCIDENTAL to its primary governmental functions, still cannot be sued without its consent. If proprietary function suit will lie because when the state engages in such principal functions, it descends to the level of a private individual, and may therefore be vulnerable to suit. Implied Consent 1. When the government enters into business contracts United States of American v. Ruiz, 136 SCRA 487 (1985) Malong v. PNR, 138 SCRA 63 (1985) Restrictive application of state immunity The restrictive application of state immunity is proper only when the proceedings arise out commercial transactions of

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the foreign sovereign, its commercial activities or economic affairs. Stated differently, a state may be said to have descended to the level of an individual and thus can be deemed to have tacitly given its consent to be sued when it enters into business contracts. It does not apply where the contract relates to the exercise of its sovereign functions. Correlate with Philippine Setting if sovereign function and not proprietary then you go back to express consent on contracts or money claims invoke Act No. 3083 correlated C.A. No. 327 as mended by PD 1445. 1. When it would be inequitable for the government to claim immunity Santiago v. Republic, 87 SCRA 294 (1978) Commissioner of Public Highways v. Burgos, 96 SCRA 831 (1980) Suability vs. Liability Immunity extends to foreign states (Minucher vs. Court of Appeals G.R. No. 142396 February 11, 2003) V. FUNDAMENTAL POWERS OF THE STATE
POLICE POWER Similarities POWER OF EMINENT DOMAIN POWER OF TAXATION

1.

Inherent in the state and is exercised even without need of express constitutional grant;

2.
indispensible;

Necessary and

3. Methods by which States interferes with private property;

4.
equivalent compensation;

Presupposes Exercised

5.
primarily by the legislature;

Distinctions

Regulates both liberty and property

Affects only property rights

Limitations

Generally the Bill of Rights although in some cases the exercise of the power prevails over specific constitutional guarantees. Public Welfare or Expropriation upon To raise revenue

Key words

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General Welfare of the Public

payment of just compensation

POLICE POWER The power of promoting public welfare by restraining and regulating the use of liberty and property. The most pervasive, the least limitable and the most demanding of all the three inherent powers of the state. In Tiu vs. Videogram Regulatory Board 151 SCRA 208 and Osmena vs. Orbos 220 SCRA 703, the SC Ruled that the taxing power may be used as an implement of police power. In Association of Small Landowners vs. Sec. of Agrarian Reform 175 SCRA 343 the SC ruled that eminent domain may be used as an implement of police power. In Ortigas & Co. vs. CA December 4, 2000, the SC ruled that a law enacted in the exercise of police power to regulate and govern certain activities and transactions may be given retroactive effect and may reasonably impair vested rights or contracts. Non-impairment of contracts or vested rights clauses will have to yield to the superior and legitimate exercise by the state of police power, WHO MAY EXERCISE POLICE POWER? The power is inherently vested in the legislature. HOWEVER, congress may validly delegate this power to the president, to administrative bodies and to lawmaking bodies of the local government units. Local government units exercise the power under the general welfare clause provided in Section 16 RA 7160. OF THE

WHAT ARE THE TESTS TO DETERMINE THE VALIDITY DELEGATION?

Completeness Test the law must be complete in all its essential terms and conditions when it leaves the legislature so that therell be nothing left for the delegate to do when it reaches him except to enforce it. Sufficiency Standards Test a sufficient standard is intended to map out the boundaries of the delegates authority by defining the legislative policy and indicating the circumstances under which it is to be pursued and effected. If the power is exercised by a delegate, the following additional limitations will apply: Express Grant by law;

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If exercised by local government units, the power must be exercised within the territorial limits except when exercise to protect water supply; Must not be contrary to law. [An activity prohibited by law cannot in the guise of regulation be allowed; conversely, an activity allowed by law may be regulated but not prohibited.] In Magtajas vs. Pryce Properties July 20, 1994, The SC declared the following requirements for Municipal Ordinances to be valid: A. B. C. D. E. F. must not contravene the constitution or any statue; must not be unfair or oppressive must not be partial or discriminatory; must not prohibit but regulate trade; must not be unreasonable; and Must be general in application and consistent with public policy

WHAT ARE THE TESTS TO DETERMINE VALIDTY OF THE EXERCISE OF POLICE POWER? 1. Lawful Subject - the interest of the public in general as distinguished from a particular class, which means that the activity sought to be regulated, affects the general welfare of the public. If it does then the enjoyment of the rights flowing therefrom must necessarily yield to the interest of the greater number. 2. Lawful Means the means employed are reasonably necessary in the accomplishment of the purpose and not unduly oppressive on the individual. (Lucena Grand Central Terminal vs. JAC Liner February 23, 2005) POWER OF EMMINENT DOMAIN - Also known as the power of expropriation. As distinguished from police power, eminent domain condemns private property to public use upon payment of just compensation. While both are exercised for the general welfare of the public, eminent domain as an implement of police power is normally used where the property is noxious or detrimental to the public and therefore not compensable, whereas, if the state is exercising eminent domain on its own, then the payment of just compensation is required. Requisites for the exercise:: a. Private Property All private property capable of ownership may be expropriated except money or choses of action. Even services may be the subject of eminent domain; [Republic vs. PLDT 26 SCRA 620] b. Taking in its constitutional sense

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Not necessarily actual taking, it may include trespass without actual eviction or material impairment of the value of the property. In People vs. Fajardo 104 Phil 44 a municipal ordinance prohibiting a building which would impair the view of the plaza from the highway was considered taking and made compensable by the court. In Republic vs. Castelvi 58 SCRA 336, the SC enumerated the following requisites for taking to be compensable: 1. 2. 3. 4. 5. c. Public Use The SC has abandoned the strict interpretation of public use and has adopted a more flexible and liberal stance. Public use has now been held synonymous to public interest, public benefit, public welfare or public convenience. d. Payment Just Compensation Concept the full and fair equivalent of the property taken, it is the fair market value of the property. Fair market value has been held to be the sum of money which a person desirous but not compelled to buy and the owner, willing but not compelled to sell, would agree on the price to be given and received therefor. This is modified if only of a portion or a part of the property is expropriated. The rule in National Power Corporation vs. Spouses Chiong June 20 2003 governs, to wit: JC = FMV + Consequential Damages on the remaining property Less Consequential Benefits if any but in no case shall the CB exceed the CD. The fixing of the amount of Just Compensation is a judicial function/Prerogative. Where the sole issue to be resolved by the courts is the amount of just compensation, the Sc held that trial before a commissioner is indispensible, in order to afford the party ample opportunity to be heard. Trial by commissioner in such 14 The expropriator must enter a private property The entry must be for more than a momentary period Entry must be under warrant or color of authority; Property must be utilized for public use; Utilization of the property must be in such a way as to deprive the owner of its beneficial use or enjoyment of the property;

cases is a substantial right which cannot be dispensed with capriciously or for no reason at all. Manila Elec. Co. vs. Pineda 206 SCRA 196 However, please note that in National Power Corporation vs. DelaCruz February 2, 2007 the SC ruled that although trial by commissioner is indispensable as a substantial right, the court is not bound by the commissioners findings. The court may substitute its own estimate of the value of the just compensation on the following instances: i. The commissioners have applied illegal principles to the evidence submitted to them ; ii. They hay disregarded a clear preponderance of evidence; iii. Where the amount is grossly inadequate or excessive The foregoing rules notwithstanding , please note that under Sec. 58 of R.A. 6657, trial by commissioner is discretionary on agrarian reform cases, therefore the modality under the rules of court for mandatory commissioners is not compulsory in agrarian cases. Form of compensation? Compensation must be paid in money and not other. HOWEVER in SMALL LANDOWNERS VS. SEC. OF AGRARIAN REFORM 175 SCRA 343, IT WAS HELD THAT AGRARIAN REFORM PAYMENTS MAY BE MADE IN BONDS, because under the CARP, we do not deal with ordinary exercise of the power of eminent domain but a revolutionary kind of expropriation. WHEN IS THE RECKONING POINT FOR THE PAYMENT OF JUST COMPENSAITON? As a general rule just compensation is reckoned as of the date of the filing of complaint for expropriation, BUT where the filing of the complaint occurs after the actual taking of the property and the owner would be given undue incremental advantages arising from the use of them to which the government devotes the property expropriated, just compensation is determined as of the date of the taking. Republic vs. Castelvi 58 SCRA 336 NOTE that payment of just compensation is not limited to the owner of the property but includes all those who have legal or lawful interest in the property including mortgagee, lessee and a vendee in possession of an executory contract. NOTE FURTHER that in an earlier ruling in Reyes vs. NHA January 20, 2003, the SC declared that as a rule, non-payment of just compensation of expropriated property does not entitle the private landowners to recover possession of the expropriated lots but only to demand payment of just compensation over the property. HOWEVER, in Republic vs. Vicente Lim , June 29, 2005 where the government failed to pay the value of the just compensation for more than 57 years, the SC ruled that where the government fails to pay just compensation within five (5) years from finality of

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judgments in the expropriation proceedings, the owners concerned shall have the right to recover possession of the property. CORRELATE with RA 7279 (Urban Development and Housing Act of 1992) and the case of City of Mandaluyong vs. Francisco, January 29, 2001, where the SC declared that under RA 7279 lands for socialized housing are to be acquired in the following order: 1. 2. 3. 4. 5. 6. Government lands; Alienable lands of public domain; Unregistered, abandoned or idle lands; Lands within the declared areas of priority development; BLISS sites which have not yet been acquired; Privately owned lands

The mode of acquisition is subject to two (2) conditions: 1. It shall be resorted only when the other modes of acquisition have been exhausted; 2. Parcels owned by small property owners are exempt from such acquisition. SMALL PROPERTY OWNERS are owners of residential lots with an area not exceeding 300 square meters in highly urbanized cities and not more 800 square meters in other urban areas; and (2) they do not own residential property other than the same. POWER OF TAXATION Primarily exercised by the legislature, also local legislative bodies {Sec. 5 Art. X} and to a limited extent, by the President when granted delegated tariff powers {Sec. 28 (2) Art. VI} LIMITATIONS:

1. Due process of law - tax should not be confiscatory; 2. Equal protection clause - Taxes should be uniform and equitable [Sec. 28 (1) Art. VI;] 3. Public Purposes Is DOUBLE TAXATION allowed? While there is no specific prohibition under the constitution, double taxation will not be allowed if the same will result in a violation of the equal protection clause Specific constitutional provisions on tax exemptions?

1. Sec. 28 (4) Art. VI, No law granting tax exemption shall be passed without the concurrence of the majority of all members of congress;

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2. Sec. 4 (3) Art. XIV All revenues and assets of non-stocks, non-profit educational institutions, actually, directly and exclusively used for educational purposes shall be exempt from taxes and duties. X x proprietary educational intuitions, including those cooperatively owned, may likewise be extent for taxation as may provided for by law; 3. Sec. 4 (4) Art. XIV subject to the condition prescribed by law, all grants and endowments, donations or contributions actually, directly and exclusively for educational purposes shall be exempt from tax. VI. GENERAL PROVISIONS/CONSIDERATIONS PREAMBLE Does not confer rights nor create or impose duties; Preamble is a source of light. It is not a source of rights or obligations. (Jacobson v. Massachusets, 197 U.S. 11, 22 (1905). It indicates authorship; enumerate primary aims and aspirations of the framers and serves as an aid in the construction of the constitution Functions of Preamble 1. It sets down the origin, scope and purpose of the constitution. 2. It enumerates the primary aims and expresses the aspirations of the framers in drafting the Constitution. 3. Useful as an aid in the construction and interpretation of the text of the Constitution. FLAG NAME - Article XVI Section 1 red, white and blue with a sun and three stars - Article XVI Section 2 - CONGRESS may adopt a new name, national anthem or a national seal which shall take effect upon the ratification of the people in a national referendum. - Article XVI Section 5 Tour of duty of Chief of Staff shall not exceed 3 years however in times of war and national emergency declared by congress, the president may extend such tour of duty.

AFP

NATIONAL POLICE FORCE MASS MEDIA VII. DECLARATION OF PRINCIPLES AND STATE POLICIES PRINCIPLES Sovereignty of the People and Republicanism Art II, Sec. 1

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Principles of Renovation/Revocation Art V - Suffrage Manifestations: 1. Rule of Majority [Plurality in elections] 2. Accountability of Public Officials 3. Bill of Rights 4. Legislature cannot pass irrepealable laws 5. Separation of Powers Adherence to International Law Correlate with: 1. Preamble 2. Art. II, sec. 2 (Incorporation Clause) 3. Id., sec. 7-8 (Independent foreign policy and Nuclear Free Philippines) 4. Art XVIII, sec. 4 and 25 a. Doctrine of Incorporation our courts have applied the rules of international law in a number of cases even if such rules had not previously been subject of statutory enactments, because these generally accepted principles of international law are automatically part of our own laws. b. Doctrine of Auto-limitation Both doctrines dictates that the rules of international law are given equal standing with and are not superior to the national legislative enactment thus the principles of lex posterior derogate prior is applicable. Where it conflicts with the constitution, it may be invalidated. (Sec. of Justice vs. Lantion G.R. No. 111088 June 13, 1997) In case of conflict between international law and municipal law efforts must be made to reconcile conflicting provisions however if the conflict is irrenciliable the Philippine law must me upheld because police power cannot be bargained away by a medium of a treaty. Supremacy of Civilian Authority Correlate with: 1. 2. 3. 4. NOTE: The AFP is the protector of the people and of the state (Art. II Section 3), this refers to internal and external aggression. The PNP is not covered by the same mandate (Manalo vs. Sistoza G.R. No. 107369 /August 11, 1999) Government as Protector of the People and People as Defenders of the State 18 Art II, sec. 3 (Civilian Supremacy) Art. VII, sec. 18 (Commander-in-chief Clause) Art. XVII, sec. 5(4) Art. XVI, sec. 5(1) (AFP provisions)

Art. II, sec. 4 Id. Sec. 5 Separation of Church in State Correlate with: 1. Art II sec. 6 2. Art. III, sec. 5 (Freedom of Religion Clause) Two (2) aspects: i. Freedom to Believe (Absolute) ii. Freedom to Externalize that belief (subject to the police power of the state) 3. Art. IX, C, sec. 2(5) [Religious sect cannot be registered as a political party) 4. Art. VI, sec. 5(2) [No sectoral representative from religious sector] 5. Art. VI Sec. 29 (2) [Prohibition against appropriation for sectarian benefit] Exceptions: a. Art VI, sec. 28(3) Churches, parsonages etc. actually, directly and exclusively used for religious purposes shall be exempt from taxation b. Art. VI Sec. 29(2) Prohibition against appropriation for sectarian benefit except salaries of priest assigned to AFOP, penal institution, government orphanages, and leprosarium. c. Art XIV, sec. 3(3) Optional religious instructions for public elementary and high school students d. Art. XIV Sec. 4(2) Filipino ownership requirements for educational institutions except those established by religious groups and mission boards. POLICIES Independent foreign policy and a nuclear free Philippines Art. II secs. 7-8 Art. XVIII, secs. 4 and 25 A just and dynamic social order Preamble Art. II, sec. 9

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The Promotion of Social Justice . Remember Calalang vs. Williams 70 Phil 726 Art. II sec. 10 Art. XIII, secs.1-2 Art.II,sec.26 Art. VII, sec. 13, par.2

Respect for human dignity and human rights Art.II, sec. 11 Art. XIII, secs 17-19 Scope of Human Rights: Those that relates to an individuals social, economic, cultural, political and civil relations along with what is considered to be his inherent and inalienable rights encompassing almost all aspects of life.

Fundamental equality of women and men Art. II sec. 14 Art. XIII, sec. 14 Note the case of Philippine Telegraph and Tel. Co. vs. NLRC May 23, 1997. Prohibition on discriminatory policies in the workplace.

Promotion of Health & Ecology Art. II, secs. 15-16 Art. XIV, sec. 2 Note the case of Oposa vs. Factoran 224 SCRA 792 Concept of Writ of Kalikasan RULES OF PROCEDURE FOR ENVIRONMENTAL CASES [2010] RULE 7 WRIT OF KALIKASAN Section 1. Nature of the writ. - The writ is a remedy available to a natural or juridical person, entity authorized by law, peoples organization, non-governmental organization, or any public interest group accredited by or registered with any government agency, on behalf of persons whose constitutional right to a balanced and healthful ecology is violated, or threatened with violation by an unlawful act or omission of a public official or employee, or private individual or entity, involving environmental damage of such magnitude as to prejudice the life, health or property of inhabitants in two or more cities or provinces.

Urban land reform and Housing 20

Art. XIII, secs. 9-10 Reforms in agriculture and other natural resources Art. II, sec. 21 Art. XIII, secs. 4-8 Protection of Labor Art. II sec. 18 Art. XIII,sec. 3 The right of government workers to form unions Art. III, sec.8 Art. IX, B, sec. 2(5) Independent Peoples organization Art. II, sec. 23 Art. XIII, secs.15-16 The Family as a Basic Autonomous SOCIAL Institution Art. II, sec. 12 Art. XV (The Family) Art. II, sec. 13 Family Code on marriage as a social institution A self-reliant and independent economic order Art.II,sec. 19 Id. Sec. 20 Art. XII, Sec. 6 (National Economy and Patrimony) Communication and Information in National-building Art. II,sec. 24 Art. XVI,sec. 10-11 Art. XVIII, sec. 23 Autonomy of local government Art. II, sec. 25 Art. X(Local Governments) Recognition of the rights of indigenous cultural communities Art. II, sec. 22 Art. VI, sec. 5(2) Art. XII, sec,. 5 Art. XIII, sec. 6 Art. XIV, sec. 17 Art. XVI, sec. 12 Honest Public Service and Full Public Disclosure Art. II, sec. 27 Art. XI, secs.1, 4, 5-6 Art. II,sec. 28 Art.XI,sec. 17 Art. VII, sec. 12 Art. VII, sec. 20

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Art. Art. Art. Art. Art.

XII, sec. 21 XII, sec. 2, par.5 VI,secs.12 and 20 IX, D,sec. 4 III,sec. 7

Concept of Public Office is a right, authority, or duty created and conferred by law, by which for a given period either fixed by law or enduring at the pleasure of the creating power, an individual is invested with some sovereign power of government exercised by him for the benefit of the public. Public Office is a Public Trust means that as a representative government, the officers being mere agents and not rulers of the people, where every officer accepts office pursuant to the provision of the law, holds the office as a trust of the people he represents. (Corenejo vs. Gabriel 41 Phil 188) Impeachment the purpose of which is to remove an impeachable officer and disqualify him to hold office. Impeachable Officers: (list is exclusive) a) b) c) d) e) President Vice-President Chief Justice and Associate Justice of the Supreme Court Chairman and members of the constitutional commissions Ombudsman

Grounds for Impeachment: a) b) c) d) Culpable violation of the constitution Treason, Bribery and Graft and Corruption Other High crimes, and Betrayal of Public Trust i. Added in the 1987 Constitution which means any form of violation of the oath of office even if such violation may not be criminally punishable.

Procedures o INITIATION Mode of Initiating Impeachment. - Impeachment shall be initiated by the filing and subsequent referral to the Committee on Justice of: (a) A verified complaint for impeachment filed by any Member of the House of Representatives; or (b) A verified complaint filed by any citizen upon a resolution of endorsement by any Member thereof; or (c) A verified complaint or resolution of impeachment filed by at least one-third (1/3) of all Members of the House. 22

o COMMITTEE PROCEEDINGS Determination of Sufficiency in Form and Substance. - Upon due referral, the Committee on Justice shall determine whether the complaint is sufficient in from and substance. If the committee finds that the complaint is insufficient in form, it shall return the same to the Secretary General within three (3) session days with a written explanation of the insufficiency. The Secretary General shall return the same to the complainant(s) together with the committee's written explanation within three (3) session days from receipt of the committee resolution finding the complaint insufficient in form. Should the committee find the complaint sufficient in form, it shall then determine if the complaint is sufficient in substance. The requirement of substance is met if there is a recital of facts constituting the offense charged and determinative of the jurisdiction of the committee. If the committee finds that the complaint is not sufficient in substance, it shall dismiss the complaint and shall submit its report as provided hereunder.

o HOUSE ACTION Vote Required for Approval. - A vote of at least one-third (1/3) of all Members of the House is necessary for the approval of the resolution setting forth the Articles of Impeachment. If the resolution is approved by the required vote, it shall then be endorsed to the Senate for its trial. On the other hand, should the resolution fail to secure the approval by the required vote, the same shall result in the dismissal of the complaint for impeachment. o VERIFIED COMPLAINT/RESOLUTION BY ONE-THIRD OF MEMBERS Endorsement of the Complaint/Resolution to the Senate. - A verified complaint/resolution of impeachment filed by at least one-third (1/3) of all the Members of the House shall constitute the Articles of Impeachment, and in this case the verified complaint/resolution shall be endorsed to the Senate in the same manner as an approved bill of the House. The complaint/resolution must, at the time of filing, be verified and sworn to before the Secretary General by each of the Members constituting at least one-third (1/3) of all Members of the House. o TRIAL The Senate shall have the sole power to try and decide all cases of impeachment. When the President of the Philippines is on trial, the Chief Justice of the Supreme Court shall preside but shall not vote. A decision of conviction must be concurred in by a t least 2/3 of all the members of the Senate.

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o PENALTY The penalty to be imposed shall not be more than removal from office and disqualification to hold any other office. The penalty is beyond the reach of the Presidents power of executive clemency. The party convicted may be held liable and subject to persecution VIII. CITIZENSHIP Jus sanguinis vs. Jus Soli The term "citizens of the Philippine Islands" appeared for the first time in the Philippine Bill of 1902, also commonly referred to as the Philippine Organic Act of 1902, the first comprehensive legislation of the Congress of the United States on the Philippines Under the Jones Law, a native-born inhabitant of the Philippines was deemed to be a citizen of the Philippines as of 11 April 1899 if he was 1) a subject of Spain on 11 April 1899, 2) residing in the Philippines on said date, and, 3) since that date, not a citizen of some other country. While there was, at one brief time, divergent views on whether or not jus soli was a mode of acquiring citizenship, the 1935 Constitution brought to an end to any such link with common law, by adopting, once and for all, jus sanguinis or blood relationship as being the basis of Filipino citizenship "Section 1, Article III, 1935 Constitution. The following are citizens of the xx "(3) Those whose fathers are citizens of the Philippines. xx

Subsection (4), Article III, of the 1935 Constitution, taken together with existing civil law provisions at the time, which provided that women would automatically lose their Filipino citizenship and acquire that of their foreign husbands, resulted in discriminatory situations that effectively incapacitated the women from transmitting their Filipino citizenship to their legitimate children and required illegitimate children of Filipino mothers to still elect Filipino citizenship upon reaching the age of majority. Seeking to correct this anomaly, as well as fully cognizant of the newly found status of Filipino women as equals to men, the framers of the 1973 Constitution crafted the provisions of the new Constitution on citizenship to reflect such concerns "Section 1, Article III, 1973 Constitution - The following are citizens of the Philippines: xx "(2) Those whose fathers or mothers are citizens of the Philippines. xx

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For good measure, Section 2 of the same article also further provided that "A female citizen of the Philippines who marries an alien retains her Philippine citizenship, unless by her act or omission she is deemed, under the law to have renounced her citizenship." The 1987 Constitution generally adopted the provisions of the 1973 Constitution, except for subsection (3) thereof that aimed to correct the irregular situation generated by the questionable proviso in the 1935 Constitution. Section I, Article IV, 1987 Constitution now provides: "The following are citizens of the Philippines: "(1) Those who are citizens of the Philippines at the time of the adoption of this Constitution. "(2) Those whose fathers or mothers are citizens of the Philippines. "(3) Those born before January 17, 1973 of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority; and "(4) Those who are naturalized in accordance with law." 1. Citizens at the time of adoption of the 1987 Constitution a) Citizens under the 1935 Constitution i. Philippine Bill of 1902 & Jones Law ii. The Caram Rule iii. Those whose fathers were citizens Republic v. Chule Lim, G.R. No. 153883, January 13, 2004 iv. Those who elected Philippine citizenship upon reaching majority age v. Those who were naturalized b) Citizens under the 1973 Constitution i. Those already citizens ii. Those whose fathers and mothers are citizens iii. Those who elected iv. Those who were naturalized 2. Those whose fathers & mothers are citizens 3. Those who elect Philippine Citizenship 4. Those who are naturalized in accordance with law. Natural Born Citizens - Article IV, Section 2 1. Those whose father or mothers are Filipino citizens. 2. Those who were born before Jan. 17, 1973 who elect Filipino citizenship within a reasonable time upon reaching the age of majority. 3. Reacquisition of natural born citizenship by repatriation

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Naturalization 1. By Judicial Proceeding a) Com. Act No. 473 as amended by Republic Act. No. 530 (Revised Naturalization Law) Requirements: Age at least 21 years old at the date of the hearing of the petition Residence resided in the Philippines for at least 10 years. This can be reduced to 5 years in the following cases:

1. He was born in the Philippines 2. He is married to a Filipino woman. An alien women who married a Filipino needs only to have her alien certificate of registration cancelled in an administrative proceedings upon proof of marriage and she does not possess any disqualification found in CA 473 3. He has held office in government 4. He made a useful invention or established an industry 5. He served as a teacher in private school or public school not limited to children of any nationality in any branch of education or industry for a period of not less than 2 years.

Character possess good moral character, believes in the Constitution and he has conducted himself in an irreproachable manner during his stay in the Philippines Property- he owns real estate in the Philippines worth PhP 5K or more or has a lucrative trade, profession or occupation

Education he must be able to speak and write Filipino or English or a principal dialect and he must have Enrolled his children in a school in the Philippines which teaches Philippine history, civics and government Disqualifications: 1. 2. 3. 4. 5. Being opposed to organized government Believing in violence as a means to espouse an idea Being a polygamist or believing in such Being convicted of a crime involving moral turpitude Suffering from an incurable diseases or from mental anguish 6. Not mingling socially with Filipinos, nor embracing Filipino culture, ideas and customs 7.Being a citizen of a country which the Philippines is at war during the Time of such war; 8. No reciprocity.

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PROCEDURES FOR JUDICIAL NATURALIZATION


1.

Declaration of intentions one year before the filing of the application, the applicant must declare his intention to become a Filipino citizen by filing a declaration of intention with the OSG, stating all the addresses where he has stayed during his residence in the Philippines. Exceptions: Dont need to file

Thos born in the Philippines and received their primary and secondary education in Philippine schools Those who have resided in the Philippines for more than 30 years The widow or children of the applicant who died before his application is granted

2.

Filing of the petition in the RTC where the applicant has resided for at least a year, accompanied by the affidavit of two (2) credible persons who are citizens of the Philippines, who personally know the petitions as character witness. Publication of the petition (jurisdictional) once a week for 3 consecutive weeks.

3.

4. Hearing

on the petition 5. Promulgation of the decision it becomes final but not executory until 30 days after the notice of the decisions are received by the parties. A certificate of naturalization will be issued to the petitioner. 6. Summary hearing after 2 years . Certificate of Philippine citizenship issued. NOTE: Naturalization laws are strictly construed in favor of the government and should be rigidly enforced.
a.

b. Failure to state all the required details in the notice of hearing, like the names of the applicants witness constitute a fatal defect. c. It is the applicants responsibility to prove the credibility of his witnesses. d. The principles of res judicata does not apply

Effects of the naturalization on the wife:

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Technically none. No automatic naturalization for her, she still has to prove that she has all the qualifications and none of the disqualifications set forth by law. The effect if any is that she is now allowed to undergo administrative proceedings to cancel her alien certificate of registration on the ground that her husband has been naturalized. Effects of Naturalization on the Children: 1. if the child is of age no effect 2. if the child is a minor and

Born in the Philippines, he automatically becomes a citizen at the time of the naturalization of the father Born abroad before naturalization and residing in the Philippines any the time of naturalization automatically becomes citizen Born abroad before naturalization and residing abroad at the time of the naturalization, he is considered a Filipino only during his minority unless he takes permanent residency in the Philippines before reaching majority age Born abroad after the naturalization of the father, he is considered as citizen on the condition that upon reaching the age of majority he takes his oath of allegiance. If he fails to register his intent to continue within one year upon reaching the age of 21, he ceases to become a Filipino citizen.

2. By Administrative Proceeding (R.A. No. 9138 Administrative Naturalization Law of 2001) Under this law, aliens who were born in the Philippines and resided in the Philippines since birth are qualified to apply for Philippine citizenship via administrative proceedings. Same requirements. 3. By Direct Act of Congress Loss of Citizenship - Article IV, Section 3 Grounds: 1 Naturalization in a foreign country (take note however of the dual citizenship act) 2. Express renunciation of Philippine citizenship 3. Taking an oath of allegiance to another country upon reaching the age of majority 4. Accepting a commission in the armed forces of another country except if that country has an offensive or defensive pact with the Philippines 28

5. Denaturalization 6. Found guilty by final judgment to be deserter in the AFP Reacquisition of Citizenship RA 8171 an Act providing for repatriation of Filipino Woman who lost her citizenship by reason of marriage to aliens and of natural born Filipinos. on account of political and economic necessity and to the minor children of natural born citizens Tabasa vs. CA GR No. 125793 August 29, 2006 1. By naturalization 2. By repatriation 3. Direct act of congress And note the Citizenship Retention and Reacquisition Act (Dual Citizenship) R.A. No. 9225 (September 17, 2003) Nicholas-Lewis v. Comelec, G.R. No. 162759, August 4, 2006 No provision in RA 9225 requiring duals to actually establish residence and physically stay in the Philippines before they could exercise the right to vote. Concept of DERIVATIVE CITIZENSHIP the unmarried child, whether legitimate, illegitimate or adopted below 18 years of age of those who reacquire Philippine citizenship shall be deemed citizens of the Philippines. (Sec. 4 RA 9225) J. Dual Allegiance - Article IV, Sections 4 & 5 (See Sec. 40, R.A. 7160, Local Govt. Code) IX. SEPARATION OF POWERS Article VI Legislative Power shall be vested in the congress of the Philippines which shall consist of the senate and a house of representative, except to the extent reserved to the people by the provision of initiative and referendum. Article VII Executive Power shall be vested in the President of the Philippines Article VIII Judicial Power shall be vested in one Supreme Court and in such lower courts as may be established by law. Rationale: 1. To prevent concentration of governmental authority in one person or a group of persons; 2. And to secure action and forestall over action and obtain efficiency in government Effects:

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Interdependence Blending of Powers Checks and balances

X. ARTICLE VI - LEGISLATIVE DEPARTMENT General Considerations: Legislative power is the power to propose, enact, amend and repeal laws, generally vested in congress except those RESERVED to the people though initiate and referendum. Classification of Legislative Power a. Original legislative power possessed by the sovereign people. b. Derivative legislative power that which has been delegated by the sovereign people to the legislative bodies. c. Constituent the power to amend or revise the constitution, d. Ordinary power to pass ordinary laws.

Limitations on the exercise of Legislative Power a. Substantive limitations (Express or implied) b. Procedural limitations 1. Substantive limitations: a. Express Limitations i. ii. iii. iv. Bill of Rights On Appropriations On Taxation On Appellate jurisdiction of SC

v. On the prohibition granting a title of royalty or nobility shall be enacted b. Implied limitations i. ii. Congress cannot legislate irrepealable laws Congress cannot delegate legislative powers on powers of other

iii. Non-encroachment departments

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2. Procedural limitations a. Only one subject per bill b. Three (3) readings on separate days c. Printed copies in its final form three (3) days before passage of the bill. Delegation of legislative power Potesta delegate non potest delegari Valid Delegation is however permitted in the following cases: a. By direct constitutional grant i. Tariff powers to the president Art. VI Sec. 28 (2) ii. Emergency Powers to the President Art. VI sec. 23 (2) iii. Rule making power to the Supreme Court Art. VIII Sec. 5 (5) iv. Delegated powers to the LGU Art. X Sec. 5 v. Rule making powers to the Constitutional Commissions Art. IX-A, C and D b.By legislative grant of powers to administrative Subordinate legislation Tests of valid delegation: 1. Completeness Tests the inquiry to be asked must be directed to the scope and definiteness of the measure enacted, so much so as the measure is not an abdication of legislative power in favor of the administrative bodies. Case of US vs. Ang Tang Ho where the Sc declared that the law is not completed when the delegate has to do an act to determine what the law is. 2. Sufficiency Standard Tests the statute must not only define fundamental legislative policy, mark its limits and boundaries and specify the public agency to exercise legislative power; it must also indicate the circumstances under which the legislative command is to effect. Bicameral System where every bill must pass two (2) houses of congress before it becomes a law. POWERS OF CONGRESS A. INHERENT POWERS 1. Police power 2. Power of eminent domain 3. Power of taxation 4. Implied Powers (Contempt Power) 31

B. EXPRESS POWERS 1. Legislative Power a. Ordinary power to pass ordinary laws b. Constituent power to amend and revise the Constitution 2. Power of the Purse 3. Power of Taxation 4. Investigatory Power 5. Oversight function 6. Power to declare the existence of state of war 7. Power to act as Board of Canvassers in election of President 8. Power to call a special election for President and VicePresident 9. Power to judge Presidents physical fitness to discharge the functions of the Presidency 10. Power to revoke or extend suspension of the privilege of the writ of habeas corpus or declaration of martial law 11. Power to concur in Presidential amnesties. Concurrence of majority of all the members of Congress 12. Power to concur in treaties and international agreements. Concurrence of at least 2/3 of all the members of the Senate 13. Power to confirm certain appointments/nominations made by the President 14. Power of impeachment 15. Power relative to natural resources 16. Power of internal organization i. Election of officers ii. Promulgate internal rules iii. Disciplinary powers Composition, Qualification, and Term of Office Senate (24 Senators) Art. VI, secs. 2-4 House of Representatives (250 members unless otherwise fixed by law, 20% of which shall be comprised of party list representatives) Art. VI, secs. 5-8 Art. IX, secs. 6-8 Art. XVIII, sec. Sec. 7 Qualifications in general are subject to the following restrictions: 1.They are continuing requirements and must be possessed during the officers incumbency; 2.The qualification prescribed by the constitution is exclusive and the legislature may not make additional qualifications; 32

3. Property qualifications are not allowed as no person may be denied a chance to be elected to public office by reason of poverty; 4. No religious tests shall be required for the exercise of civil and political rights. Concepts of Animus manendi Intention to remain in the new locality Animus revertendi Intention to return Terms of office For senators - 6 years for 2 consecutive terms; voluntary renunciation shall not be considered as an interruption in the continuity of service. For members of the house - 3 years not to exceed 3 consecutive terms. Same rule on renunciation Term vs. Tenure. Term refers to the period during which an official is entitled to hold office. Tenure refers to the period during which the official actually holds the office. Party List Party-List System (RA 7941). The party-list system is a mechanism of proportional representation in the election of representatives of the House of Representatives from national, regional, and sectoral parties or organizations or coalitions thereof registered with the Commission on Elections. Party-list representatives Ceiling. The party-list representatives shall constitute 20% of the total number of representatives. Section 5(2) of Article VI is not mandatory. It merely provides a ceiling for party-list seats in Congress. (Veterans Federation Party v. COMELEC) Computation The Court reiterated that the prevailing formula for the computation of additional seats for party-list winners is the formula stated in the landmark case of Veterans. CIBAC v. COMELEC, G.R. No. 172103 (2007) Elections Regular election Art. VI, sec. 8 - 2nd Monday of May unless otherwise provided for by law.

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Special election

Art.VI, sec.9 Rep. Act No. 6645, Dec. 28, 1987 Art.IX, C, sec. 11

Special election A special election to fill in a vacancy is not mandatory. Special Election (RA 6645) 1. No special election will be called if vacancy occurs: a. At least eighteen (18) months before the next regular election for the members of the Senate; b. At least one (1) year before the next regular election members of the Congress 2. The particular House of Congress were vacancy occurs must pass either a resolution if Congress is in session or the Senate President or the Speaker must sign a certification, if Congress is not in session, a. declaring the existence of vacancy; b. calling for a special election to be held within 45 to 90 days from the date of the resolution or certification. 3. The Senator or representative elected shall serve only for the unexpired term. Concept of Disqualified Winner The court has also clarified the rule on who should assume the position should the candidate who received the highest number of votes is disqualified. The second in rank does not take his place. Organization and sessions Election of officers - Art. VI, sec. 16(1) Quorum - sec. 16(2) Rules of Proceedings sec. 16. (3) sec. 21

Journal and Congressional Record - Art.VI, sec. 16(4) Enrolled Bill Theory one duly introduced and finally passed by both houses, authenticated by the proper officers of each, and approved by the President. This is conclusive upon the court as regards the tenor of the measure passed by Congress and approved by the President. Courts are duty bound under the separation of powers by the contents of a duly authenticated measure of the legislature. Probative value of the Journal 34

Matters to be entered in the Journal Yeas and nays on third and final reading of a bill Art. VI, sec. 26 (2) Veto Message of the President Art. VI, sec. 27 (1) Yeas and nays on the repassing of a bill vetoed by the President Art.VI, sec. 27 (1) Yeas and nays on any question at the request of 1/5 of members present Art.VI,sec. 16(4) Journal Entry Rule vs. Enrolled Bill Theory the latter prevails except as to matters which, under the Constitution, must be entered in the Journal Sessions Regular sessions Art. VI,sec. 15 Special session - Art.VII, secs.10-11 Art.VII,sec.18,par.3 Joint session Voting separately Art.VII,sec.4(Choosing the President) Sec. 11,par.4 (Determining the Presidents temporary disability) sec.9 (Confirming the nomination of a Vice Presidents) Art. VI,sec. 23(1) (Declaring a state of War) Art. XVII, sec. 1(1), (Proposing constitutional amendments) Voting Jointly Art. VII, sec.18 (To revoke or extend martial law or suspension of privilege of habeas corpus) Concept of Parliamentary Immunity of Arrest A member of Congress is privileged from arrest while Congress is in session in all offenses (criminal or civil) not punishable by more than 6 years imprisonment. It is intended to ensure representation of the constituents of the member of Congress by preventing attempts to keep him from attending sessions. However, please note that Parliamentary immunity only includes the immunity from arrest, and not a prohibition in the filing of the suit. The member will be subject to arrest immediately when congress adjourns.

The privilege is available while the Congress is in session, whether regular or special and whether or not the legislator is actually attending a session. Session as here used does not refer to the day-to-day meetings of the legislature but to the entire period from its initial convening until its final 35

adjournment. Hence the privilege is not available while Congress is in recess. Privilege is personal to each member of the legislature, and in order that its benefits may be availed of, it must be asserted at the proper time and place; otherwise it will be considered waived. Privilege is reinforced by Article 145 of the Revised Penal Code Violation of Parliamentary Immunity. In the Sen. Trillanes Case (June 27, 2008)

In a unanimous decision the Supreme Court en banc junked Senator Trillanes petition seeking that he be allowed to perform his duties as a Senator while still under detention. SC barred Trillanes from attending Senate hearings while he has pending cases reminding him that election to office does not obliterate a criminal charge, and that his electoral victory only signifies that when voters elected him, they were already fully aware of his limitations. Speech and Debate Clause Privilege Requirements:

1. That the remarks must be made while the legislature or the legislative committee is functioning, that is in session (see opposing view of Bernas it is not essential that the Congress be in session when the utterance is made. What is essential is that the utterance must constitute legislative action.

2. That they must be made in connection with the discharge of official duties. Note that this is not a license to utter libelous remarks!

Duty to disclose a. Financial and business interest upon assumption of office

b. Potential conflict of interest that may arise from filing a proposed legislation of which they are authors.

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Prohibitions:

Incompatible vs. Forbidden Office

(1) To hold any other office or employment (Incompatible office) in the government, or any subdivision agency, or instrumentality thereof, including government-owned or controlled corporation or their subsidiaries during his term without forfeiting his seat. (2) (Forbidden office) which may have been created or the emoluments thereof increased during the term for which he was elected. Conflict of Interests: (3) To be interested financially, directly or indirectly, in any contract with, or in any franchise or special privilege granted by the Government, or any subdivision, agency or instrumentality thereof, including any government-owned or controlled corporation, or its subsidiary, during his term of office.

(4) To intervene in any matter before any office of the Government for his pecuniary benefit or intervene in any matter before any office of the Government where he may be called upon to act on account of his office. Prohibitions on lawyer-legislators: (5) To personally appear as counsel before any court of justice or before the Electoral Tribunals, or quasi-judicial and other administrative bodies. ELECTORAL TRIBUNALS - HRET AND SET o Composition 9 members. 3 from the SC (to be designated by the CJ) and 6 from the respective House. o Independence. The Congress neither may nor regulate the actions of the electoral tribunals even in procedural matters. The tribunal is an independent constitutional body. (Angara v. Electoral Commission) o Power. The Electoral Tribunal shall be the sole judge of all contests relating to the election, returns, and qualifications of their respective members. The tribunal has the power to promulgate rules relating to

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matters within its jurisdiction, including period of filing election protests. (Lazatin v. HET) o Electoral Tribunal has incidental power to promulgate its rules and regulations for the proper exercise of its function (Angara v. electoral Commission) o Jurisdiction of Electoral Tribunal shall be the sole judge of all contests relating to the election, returns, and qualifications of their respective members. o Contest after proclamation is the jurisdiction of HRET

LEGISLATIVE HEARINGS o Inquiries in Aid of Legislation o Oversight Functions


In aid of legislation Oversight functions

Who may appear Any person Department Heads Who may be summoned Anyone except the President and SC members No one. Each house may only request the appearance of department heads.

Subject Matter Any matters for purposes of Pending legislation Matters related to the department only

Obligatory force of appearance Mandatory Discretionary

X. ARTICLE VII - EXECUTIVE DEPARTMENT 1. Executive power is the power to enforce and administer the laws (NEA v. CA, 2002)
2.

Executive power is more than the sum of specific powers enumerated in the Constitution. It includes residual powers not specifically mentioned in the Constitution but also not prohibited by the Constitution. (Marcos v. Manglapus 1989) The Executive power shall be vested in the President of the Philippines.

3.

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Powers and Functions of the President 1. Executive Power- Art.VII, secs. 1 and 17 2. Control of executive department-Art. VII, sec. 17 National Electrification Administration vs. Co GR No. 143481 February 15, 2002 Alter Ego Principle/Doctrine of Qualified Political Agency all executive and administrative organizations are adjunct of the Executive Department; the heads and the various executive departments are assistants and agents of the Chief Executive, and except in cases where the Constitution requires the Chief Executive to act in person or the exigency of the situation demands that he act personally, the multifarious administrative functions of the Chief Executive are performed by and through the executive departments and the acts of the Secretaries promulgated and performed in the ordinary course of business are, unless disapproved or reprobated by the Chief Executive, are presumptively the acts of the Chief Executive (DENR vs. DENR XII EMPLOYEES, G.R. No. 149724, August 19, 2003) 3. General supervision of local governments and Autonomous Regions-Art. X, sec.4, 16
Control vs. Supervision

Control is the power of an officer to alter or modify or nullify or set aside what a subordinate officer had done in the performance of his duties and to substitute the judgment of the former for that of the latter. Supervision means overseeing or the power or authority of an officer to see that subordinate officer performs their duties. If the latter fail or neglect to fulfil them, then the former may take such action or steps as prescribed by law to make them perform theses duties. 4. Power of Appointments
o

Permanent those extended to persons possessing the requisite eligibility and are thus protected by the constitutional guarantee of security of tenure Temporary given to persons without such eligibility, revocable at will without the necessity of a just cause or valid investigation. This is not subject to the confirmation of the Commission on Appointments. Such confirmation if given erroneously will not make the incumbent a permanent appointee (Valencia vs. Peralta, 8 SCRA 692) Regular one made by the President while Congress is in session, takes effect only after

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confirmation by the Commission on Appointments, and once approved continues until the end of the term of the appointee. Ad Interim one made by the President while Congress is not in session, takes effect immediately but ceases to be valid if disapproved by the Commission on Appointments or upon next adjournment of Congress.

a.With consent of commission on appointments (Section 16) Heads of DepartmentsAmbassadors, public ministers, and consulsOfficers of the armed forces from the rank of colonel and naval captain-

b.Chairman and members of constitutional Commissions- Art. IX, B. sec.1(2), C, sec. 1(2), D, sec. 1(2) c.Members of the Judicial and Bar Council- sec. 8(2) d.Upon recommendation of the Judicial and Bar CouncilMember of the Supreme Court and all other courts Art. VIII, sec. 9 e. Ombudsman and Deputies- Art. XI, sec. 9

f.Appointment of Vice President as member of the Cabinet (Art. VII, sec. 3) g.Appointments solely by the President- Art. VII, sec. 16 Those whose appointments are not otherwise provided by law; ii. Those whom he may be authorized by law to appoint. iii. Ad Interim appointments Matibag vs. Benipayo et al. G.R. No. 149036 April 2, 2002 Limitations on appointing power of the President i. Ad -interim or recess appointments -Art. VI, sec. 19 Art. VII, sec. 16, par. 2 Temporary appointments-Com. Act No. i.

ii. iii. 588 iv. Anti Nepotism Provisions v. Prohibition of Midnight appointments (2 mos.) Limitations on appointing power of Acting President- Art. VII, secs. 14-16 40

5.Grant Executive clemencies Art. VII, sec. 19 Art. IX, C, sec. 5 Pardon vs. Amnesty Pardon refers to an act of grace which exempts the individual on whom it is bestowed from the punishment that the law inflicts for the crime he has committed. Amnesty refers to an act of grace, usually extended to groups of persons, which puts into oblivion the offense itself. Pardon addresses infractions of peace of the state; Amnesty is addressed to political offenses. Amnesty requires the concurrence of a majority of all the members of Congress; Pardon does not require such concurrence. Amnesty is a public act, which the courts may take judicial notice; Pardon is a private act which must be pleaded and proved. Amnesty does not require distinct acts of acceptance by the offenders; in Pardon the acceptance by the offender is necessary.

6.Emergency powers Art. VI, sec. 23(2) 7.Power to Contract and guarantee foreign loans i. Art. VII, sec. 20 ii. Art. XII, sec. 21 iii. Rep. Act No. 4860 8.

Power over foreign affairs-Art. VII, sec. 11 Executive Immunity from suit

The President is immune from suit during his tenure, except that he may be the subject of an impeachment complaint during his tenure. The President may not be prevented from instituting suit (Soliven v. Makasiar) There is nothing in our laws that would prevent the President from waiving the privilege. The President may shed the protection afforded by the privilege. Heads of departments cannot invoke the presidents immunity Once out of office immunity for non-official acts is lost. (Estrada v. Disierto;

Executive Privilege Is the power of the President to withhold certain types of information from the public from the courts, and from Congress.

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Executive privilege is properly invoked in relation to specific categories of information and not to categories of persons. While executive privilege is a constitutional concept, a claim thereof may be valid or not depending on the ground invoked to justify it and the context in which it is made.

Claim of executive privilege is not absolute subject to balancing against other interest. In other words, confidentiality in executive privilege is not absolutely protected by the Constitution.

A claim of executive privilege does not guard against a possible disclosures of a crime or wrongdoing (see Case of Neri vs. Senate)

Types of Executive Privilege: 1. 2. 3. 4. 5. State secrets Identity of government informers Information related to pending investigations Presidential communications Deliberative process

Presidential Communications Pertains to communications, documents or other materials that reflect prudential decision making and deliberations that the President believes should remain confidential Applies to decision making of the President Rooted in the constitutional principle of separation of powers and the Presidents unique constitutional role Applies to documents in their entirely and covers final and post decisional materials as well as pre-deliberative ones

Deliberative Process Includes advisory opinions, recommendations and deliberations comprising part of a process by which governmental decisions and policies are formulated Applies to decision making of executive officials Rooted on common law privileges

Legislative Power of Injury vs. Claim of Executive Privilege Congress undoubtedly has a right to information from the executive branch whenever it is sought in aid of legislation. If the executive branch withholds such information on the ground that its privileged, it must so assert it and state the reason therefore and why it must be respected. (Justice Carpio Morales in Senate v. Ermita) A formal and proper claim of executive privilege requires a specific designation and description of the documents within its scope as well as precise reasons for preserving their confidentiality. Without this specificity, it is impossible for a court to analyze the claim short of 42

disclosure of the very thing sought to be protected. Upon the other hand, Congress must not require the executive to state the reasons for the claim with such particularly as to compel disclosure of the information which the privilege is meant to protect.

VACANCIES Rules of Succession


Nature of the Vacancy Successional Rules 1. When a President has been The Vice-President becomes acting chosen but fails to qualify at the President until a President qualifies. beginning of his term or when no President has yet been chosen at the time he is supposed to assume office. Vice-president elect becomes President 2. When the President-elect dies or is permanently incapacitated before the beginning of his term The Senate President or the Speaker-in 3. When both the President and that order acts as President until a Vice-President have not yet been President or Vice-President qualifies chosen or have failed to qualify or both shall have died or become permanently incapacitated at the start of the term Congress will decide by law who will act 4. When the Senate President and as President until a President or Vicethe Speaker of the House shall have President shall have been elected died or shall have become qualified. permanently incapacitated, or are unable to assume office.
1. When the incumbent President

The Vice-President becomes President dies or is permanently disabled, is since the vacancy created is removed or resigns from office. permanent.
2. When both the President and

the Vice-President die, or are The Senate President or the Speaker-in permanently disabled, are that order-shall act as President until a removed, or resign from office. President of Vice-President shall have been qualified 3. When the Acting President dies, or is permanently incapacitated, is Congress will determine by law who will removed or resigns from office. act as President until a new President or Vice-President shall have qualified.

Concept of Permanent Disability.

In Estrada v. Macapagal-Arroyo, Justice Bellosillo opined that permanent disability as contemplated by the Constitution does not refer only to physical or mental incapacity, but must likewise cover other forms of incapacities of a permanent nature, e.g. functional disability. Temporary Disability

Whenever the President transmits to the President of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits

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to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice-President as Acting President. Whenever a majority of all the Members of the Cabinet transmit to the President of the Senate and to the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice-President shall immediately assume the powers and duties of the office as Acting President. Prohibitions (Applies to Members of Cabinet, their deputies or assistants.)

Unless otherwise provided in the Constitution, shall not hold any other employment during their tenure. Shall not 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 government or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries during their tenure. Strictly avoid conflict of interest in the conduct of their office during their tenure. (Section 13)

The Vice-President

May be appointed to the Cabinet, without need of confirmation by the Commission on appointments XI. ARTICLE VIII- JUDICIAL DEPARTMENT Judicial Power Art. VIII, Sec. 1 Sec. 5

Judicial Power is vested in one Supreme Court and in such lower courts as may be established by law. Traditional Concept Judicial Power includes the duty of the courts to settle actual case or controversies involving rights that are legally demandable and enforceable. Expanded/Broadened Concept includes the duty to determine whether or not there is grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the government. Limitations on the exercise of Judicial Power

1. Courts may not attempt to assume or be compelled to perform non-judicial functions; 2. It is not the function of the judiciary to give advisory opinions;
Declaratory Relief Advisory Opinion

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Involves real parties with conflicting interest Judgment is final and binding on the parties Judicial act

Response to a legal issue posed in advance of the actual case which it may be presented. Binds no one Non Judicial Act

3. Judicial power must sometimes yield to the separation of powers, political questions and the enrolled bill rule. Justiciable Question implies a given right, legally demandable and enforceable, an act or omission violative of such right, and a remedy granted and sanctioned by law for said breach of right(Casibang v. Aquino, 92 SCRA642) Political Question - those questions which under the Constitution are to be decided by the people in their sovereign capacity; legislature or executive branch of the government Political Question Doctrine was not abolished by the 1987 Constitution but limited its application by the 2nd paragraph of Section 1, Article VIII, particularly the portion which vests in the judiciary the power to determine whether or not there has been grave abuse of discretion amounting to lack or excess of jurisdiction.

Safeguards to maintain the independence of the judiciary: 1. The SC is a constitutional body, it cannot be abolished nor it membership changed by a legislative act; 2. Members impeachment; of the SC cannot be removed except by

3. The SC may not be deprived of its minimum original and appellate jurisdiction; nor 4. The SCs appellate jurisdiction be increased by law without its advice or concurrence; 5. Appointees to the judiciary nominated by the JBC and no longer subject to confirmation by the Commission on A[appointments; 6. SC exercises administrative supervision over all lower courts and their personnel and can appoint all official and employees; 7. The SC has exclusive power to discipline judges of the lower courts;

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8. Members of the SC and all lower courts have security of tenure which cannot be undermined by legislations reorganizing the judiciary and only the SC can order temporary detail of judges; 9. Members of the judiciary cannot be designated to any agency performing quasi judicial or administrative functions; Except as provided by the constitution itself: i. SC en banc as Presidential Electoral Tribunal; ii. Chief Justice as presiding officer of the impeachment court when the president is on trial; iii. Chief Justice as ex-officio chairman of the JBC; 10. Salaries of judges may not be reduced during their continuance in office; 11. The judiciary enjoys fiscal autonomy; Concept of Fiscal Autonomy Fiscal autonomy contemplates a guarantee of full flexibility to allocate and utilize their resources with the wisdom or dispatch that their needs may require. It also recognizes the power and authority to (1) levy, assess and collect fees (2) fix rates of compensation (3) allocate or disburse funds as may be provided for by law or prescribed in the course of their function. Powers of the Supreme Court 1. General Powers Judicial Power Sec. 1 2. Specific Powers Sec. 5 a. Original jurisdiction b. Appellate Jurisdiction c. Temporary Assignment of judges d. Change of Venue or Place of Trial e. Rule making power provided it shall not diminish, increase of modify substantive rights Correlate with the following: Writ of Amparo the petition for writ of amparo is a remedy available to any person whose right to life, liberty or security is violated or threatened by an unlawful act or omission of a public official or employee of a private individual or entity. {Note available only to life, liberty and security} Writ of Habeas Data the writ of habeas data is a remedy available to any person whose right to privacy in life, liberty and security is violated or threatened by an unlawful act or omission of a public official or employee or of a private individual or entity engaged in the gathering, collecting,

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storing of data or information regarding the person, family, home, correspondence of the aggrieved party. Writ of Kalikasan (previously discussed) f. Appointment of Court Personnel g. Administrative Supervision over all courts i. ii. iii. iv. v. vi. Supervision of lower courts-Art. VIII, sec. 6 Temporarily assign judges to other stations in the public interest-Art. VIII, sec.5(3) Order a change of venue or place of trial to avoid miscarriage of justice-Art. VIII, sec. 5(4) Discipline of judges-Art. VIII, sec. 11 Appointment of officials and employees of entire judiciary-Art. VIII, sec. 5(6) Rule making-Art. VIII, sec. 5(5); Art. XII, sec. 14, par. 2; Art. XIII, sec. 18(3)

h. Dismissal/Removal or Disciplinary Powers 3. Others a. Jurisdiction over proclamation of martial law or suspension of the writ of habeas corpus b. Jurisdiction over Presidential and vicePresidential election contests c. Jurisdiction over decisions, orders, or ruling s of constitutional commissions d. Supervision over JBC e. Contempt Powers DECISIONS OF THE SUPREME COURT Cases that must be heard EN BANC: 1. All cases involving the constitutionality of a treaty, international or executive agreement, or a law; 2. All cases which under the Rules of /Court are required to be heard en banc; 3. All cases involving the constitutionality of presidential decrees, proclamations, orders, instructions, ordinances and other regulations; 4. Cases heard by a division when the required majority in the division is not obtained; 5. Cases where an existing doctrine previously laid down is modified or reversed; 6. Administrative cases involving judges of the lower courts, disbarment of a lawyer, suspension of more than 1 year or a fine exceeding PhP 10,000.00

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7. Election contests for President and Vice-President All other cases can be decided in division. Please note that decisions of the division are not appealable to the SC en banc. In Firestone Ceramic vs. CA (2000) it was ruled that decision or resolutions of a division when concurred by a majority of its members who actually took part in the deliberation and voted thereon is actually a decision or resolution of the SC XII. THE CONSTITUTIONAL COMMISSIONS Civil Service Commission Commission on Elections Commission on Audit

Guarantees of Independence

Constitutionally created and may not be abolished by statutes; Expressly described as independent; The powers and functions cannot be reduced by statute; Chairman and members cannot be removed except by impeachment; Fixed term of office of seven years [ subject to the rotational scheme of appointment] and may not be appointed in a temporary capacity; Salaries may not be decreased during their continuance in office; Enjoys fiscal autonomy; Promulgate their own rules of procedures provided they do not diminish, increase of modify substantive rights [subject to the disapproval of the Supreme Court]; They may appoint their own officials and employees subject to the provisions of the Civil Service Law;

Qualifications
Civil Service Commission Composition Qualifications 1 Chairman 2 Commissioners a. Natural Born Citizens; b. at least 35 years at the time of the appointment c. With proven capacity for public administration d. Not candidates for any elective position in the election immediately Commission on Elections 1 Chairman 6 Commissioners a. Natural Born Citizens b. at least 35 years at the time of the appointment c. Holders of College Degrees; d. Not candidates for any elective position in the election immediately preceding Commission on Audit 1 Chairman and 2 Commissioners a. Natural Born Citizens b. at least 35 years at the time of the appointment c. CPA or Lawyer with practiced 10 years; d. Not candidates for any elective position in the election immediately

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preceding appointment

appointment NB: Majority, including the chairman must be members of the Philippine Bar and practiced law for 10 years

preceding appointment

Appointments

Need CA Confirmation

Need CA Confirmation

Need CA Confirmation; Members cannot belong to the same profession Same

Disqualificatio n

Same as President and Vice President under Article VII and members of Congress under Article VI -

Same

Cayetano v.Monsod, G.R. No. 100113, September 3, 1991


o

Appointment & Term -7 years without reappointment

o Rotational Scheme o Vacancies Appointee shall serve only for the unexpired term;
o

Disqualifications Same as President, VP and members of congress

o Salary/Removal/Appointment of Personnel o Fiscal Autonomy o Submission of Reports and Recommendations o Rule Making Promulgate their own rules of procedures
o

Decisions Majority vote of all its members in all matters brought to it for resolution 60 days period to decide Appeals May be brought to the Supreme Court on Certiorari within 30 days from receipt of the copy of the decision; [Limited only to issues involving grave abuse of discretion amounting to lack or excess of jurisdiction and does not empower the courts to review factual findings subject to the provisions on Judicial Review pursuant to Article 8 Section 5 par . 2]

The Civil Service Commission Scope of the Civil Service - Article IX-B, Section 2(1)

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All branches, subdivision, instrumentalities and agencies of the government including GOCC with original charters; Career vs. Non-Career Service Career characterized by entrance based on merit and fitness determined as far as practicable by examinations and based on highly technical qualifications Exceptions: 1. Policy determining 1. Primarily Confidential 2. Highly Technical Security of Tenure General v. Roco, G.R. No. 143366, January 29, 2001 The security of tenure of employees in the career executive service [except first and second level employees] refers only to rank and not the office or to the position to which they may be appointed. NON-Career characterized by entrance other by usual tests and their tenure is limited by law or coterminous to the appointing authority or subject to his pleasure eg. Elective officials, department heads, cabinets etc. Please note that the CSC is empowered under the Administrative Code of 1987 to declare positions in the civil service as confidential thus the enumeration of the inclusion in the non-career service is not an exclusive list Montecilio vs. CSC GR No. 131954 June 28, 2001 Commission on Elections a. Composition and qualifications of Commissioners Article IX-C, Section 1(1) Article VII, Section 13 par. 2 b. Appointment, term of office and decisions Article IX-C, Section 1(2) c. Appointment of personnel - Article IX-A, Section 4 d. Salary - Article IX-A Section 3; Article XVII, Section 17 e. Disqualification - Article IX-A, Section 2 f. Impeachment - Article XI, Section 2 Powers and Functions - Article IX-C, Section 2 1. Enforce election laws - Article IX-C, Section 2(1) ; Id Sec. 10 2. Decide administrative question pertaining elections, except the right to vote. 3. Prosecution election law violators - Article IX-C, Section 2(6) 4. Recommend pardon, parole or suspension of sentence of election law violators. Article IX-C, Section 5 5. Deputize law enforcement agents, etc 6. Registration of political parties, organization/coalitions and 7. Regulation of public utilities and media of information 8. Decide election contest and cases

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Pre-proclamation controversies include o Incomplete returns (omission of name or votes) o Returns with material defects o Returns which appeared to be tampered with falsified or prepared under duress or containing discrepancies in the votes (with significant effect on the result of election). All Election cases shall be first heard and decided in division, provided that motion for reconsideration shall be decided en banc Cases that must first be heard and decided in division: 1. All election cases, including pre-proclamation contest under its original jurisdiction; 2. Petition to cancel a certificate of candidacy; 3. Cases appealed from the RTC or MTC; 4. Petition for certiorari filed before the commission from decision of the RTC or MTC before the same may be heard en banc. Exceptions: Petitions for corrections of manifest error in the tabulation or tallying of votes Cases of violation of election laws involving the exercise of administrative functions;

Commission on Audit a. Powers and Functions Article IX-D, Section 2 Article VI, Section 20

Id., Section 3

XIII. OTHER PROVISIONS

Sandiganbayan - Article XI, Section 4 Office of the Ombudsman 1. 2. 3. 4. 5. 6. 7. 8. 9. Composition - Article XI, Section 5 Qualifications - Article XI, Section 8 Appointment and term - Article XI, Sections 9 & 11 Rank and salary - Article XI, Section 10 Disqualifications - Article XI, Section 8; Article IX-A, Section 2 Jurisdiction - Article XI, Section 12 Powers and Functions - Article XI, Section 13 Fiscal autonomy - Article XI, Section 14 Appointment of personnel - Article XI, Section 6

Office of the Special Prosecutor {Tanod Bayan under the 1973 Constitution}- Article XI, Section 7 Subordinate only to and act only upon orders of the ombudsman o Central Monetary Authority

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o Economic and Planning Agency - Article XII, Section 9-10 o National Commissions o Commission on Human Rights Composition and qualifications of members - Article XIII, Section 17 Powers and Functions - Article XIII Section 18-19 Fiscal autonomy - Article XIV, Section 17(4)
o o o

National Language Commission - Article XIV, Section 9 National Police Commission - Article XVI, Section 9 Comm. on Indigenous Peoples - Article XVI, Section 12

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