Documenti di Didattica
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Documenti di Cultura
Is it possible for an isolated change to be considered a revision? *It is important to identify if amendment or revision is need to identify
Yes, if it will change the fundamental, philosophical under spinning of the number of ways in proposing a change in the constitution.
the constitution. *RA 6735: Initiative Referendum Law; peoples initiative is for
national/local legislation amendments only; not for constitutional
Sec.1, Art. 17 of the 1987 Constitution revisions (since revisions require cooperation and debate -> collegial
Section 1. Any amendment to, or revision of, this may be proposed body needed)
by:
1. Congress, of members (voting separately) How to revise the 1987 Constitution?
2. Constitutional convention - 2/3 members of congress 1. Constituent Assembly or Constitutional Convention
2. Ratification
How to amend the 1987 Constitution?
1. Proposal (amendment & revision) Qualitative Test - refers to how many provisions will be changed; if
University of San Carlos / LLB 1 / EH410
CONSTITUTIONAL LAWI
STEPHANIE ROSE B. SENIRES
PRE-MIDTERMS
(SCUTARIUS LEGIS)
extensive, it will be considered a revision
Judicial Power - duty of courts of justice to settle actual
Quantitative Test - main inquiry is whether the change will change the controversies and to determine whether or not there has been a grave
nature of the basic government plan abuse of discretion
Importance: Who are citizens of the RP? When must a person elect Filipino citizenship? (Sec. 1, Article 4)
Section 1, Article 4, 1987 Constitution The person must elect citizenship within a reasonable time which is
a. Those who are citizens of the Philippines at the time of the not more than 3 years but is extendable on valid grounds.
adoption of this constitution
b. Those whose fathers OR mothers are citizens of the How can one elect Filipino citizenship? Election must me expressed.
Philippines a. Make an affidavit of election of Philippine citizenship
c. Those born before January 17, 1973 of Filipino mothers, b. Have an Oath of Allegiance taken
who elect Philippine citizenship upon reaching the age of c. File both documents at the nearest Local Civil Registry
majority (considered as natural born citizens)
d. Those who are naturalized in accordance with the law Naturalization: Judicial, Administrative, Congressional
a. Judicial - CA 473; general law of naturalization applied through
Citizenship Classifications a judicial process; takes time, must comply qualifications and
a. Natural Born - those who are citizens of the RP from birth not have any of the disqualifications
without having to perform any act to acquire or perfect their b. Administrative - RA 9139;The Administrative Naturalization
Philippine citizenship Law of 2000; not necessary to comply with all of the
There was no definition of NB citizens in the 1935 qualifications but must not have any disqualifications
Constitution. c. Congressional - direct act of Congress by passing a bill
Having the status of a NB citizen is important for the
purpose of certain political (running for national office) and What are the requirements needed for an applicant for naturalization
economic (acquiring land in the Philippines) rights open only satisfy under the Revised Naturalization Law or CA 473?
to such citizens. Both the substantive and procedural requirements.
Modes of Acquisition: Citizens of the Philippines Who can raise the question of disqualification on the basis of
1. Jus soli - place of birth; practiced in the Philippines from April citizenship?
11, 1899 - July 1, 1902 (Philippine Bill of 1902) Only the State through the Solicitor-General.
Philippine Bill of 1902 - used the term citizens of the
University of San Carlos / LLB 1 / EH410
CONSTITUTIONAL LAWI
STEPHANIE ROSE B. SENIRES
PRE-MIDTERMS
(SCUTARIUS LEGIS)
Is the possession of a foreign passport or alien certificate of b. By repatriation of deserters of the Army, Navy or Air Corp:
registration (ACR) considered a means of renouncing ones Provided, That a woman who lost her citizenship by reason of
citizenship? her marriage to an alien may be repatriated in accordance with
No. Renunciation must be express. This only asserts foreign the provisions of this Act after the termination of the marital
citizenship before effectively renouncing it. status; and
c. By direct act of the National Assembly (now Congress.)
Loss of Citizenship - Commonwealth Act 63
a. By naturalization in a foreign country; Repatriation: recovery of original citizenship
b. By express renunciation of citizenship or expatriation; Repatriation can be applied in the ff. cases:
c. By subscribing to an oath of allegiance to support the 1. Desertion of armed forces of the Philippines
Constitution or laws of a foreign country upon reaching the age 2. Served in the WW2 armed forces
of majority 3. Served in the US armed forces
d. By rendering service to or accepting commission in the 4. Filipino marries alien
armed forces of a foreign country 5. Political/economic neccesity
e. By cancellation of the certificate of naturalization; Effective date of repatriation when approved - in the case of
f. By having been declared by competent authority, a deserter former natural born citizens, the effective date is the date of
of the Philippine armed forces in time of war, unless application for repatriation
subsequently, a plenary pardon or amnesty has been granted ; Ways of accomplishing repatriation (oath and registration are
g. In case of a woman, upon her marriage, to a foreigner if, by prerequisites)
virtue of the laws in force in her husband's country, she a. Women who lost their citizenship through marriage to aliens
acquires his nationality. and those who lost their citizenship due to economic or
political necessity - taking the oath of allegiance to the RP and
May a certificate of naturalization be canceled? registering in the proper Civil Registry and in the Bureau of
Yes. If it is shown to have been obtained fraudulently or illegally, or if Immigration
the person is shown to have violated the prohibitions imposed on him b. For those who lost their citizenship by serving in the US Armed
by CA 473, Section 18. Evidence must be clear, unequivocal, Forces - taking an oath of allegiance to the RP and registering
convincing and not merely preponderant. the same in the Local Civil Registry where he resides
Steps in Acquiring Repatriation
Will legitimacy or illegitimacy of a child affect his/her citizenship? No. c. Filed petition
d. Petition approved
Can marriage to an alien make you lose your Filipino citizenship? e. Took oath of allegiance
No, unless one expressly renounces his/her Filipino citizenship. f. Registered w/ LCR
g. BID/for certificate of repatriation -> completes process;
Reacquisition - Sec. 25, CA 63 registration is incomplete w/o BID (Bureau of Immigration
a. By naturalization: Provided, That the applicant possess none and Deportation)
of the disqualifications prescribed in now Sec. 4 of CA 473
University of San Carlos / LLB 1 / EH410
CONSTITUTIONAL LAWI
STEPHANIE ROSE B. SENIRES
PRE-MIDTERMS
(SCUTARIUS LEGIS)
Can one choose on how to be repatriated?
No. There are conditions to be considered. Considering the citizenship clause (Art. IV) of our Constitution, it is
possible for the following classes of citizens of the Philippines to
2 year probation (CA 473) possess dual citizenship:
1. Not left the country
2. Dedicated to a lawful profession (1) Those born of Filipino fathers and/or mothers in foreign
3. Has not been convicted countries which follow the principle of jus soli;
4. Has not committed acts prejudicial to the interest of the nation
(2) Those born in the Philippines of Filipino mothers and alien
Frivaldo Doctrine: citizenship retroacts to the day one files their fathers if by the laws of their father's' country such children are
application; requirement of citizenship commences only when one citizens of that country;
assumes offiice
(3) Those who marry aliens if by the laws of the latter's country
Dual Citizenship and Dual Allegiance the former are considered citizens, unless by their act or
omission they are deemed to have renounced Philippine
Art. IV, Sec. 5 Dual allegiance of citizens is inimical to the national citizenship.
interest and shall be dealt with by law.
Dual allegiance - to the situation in which a person simultaneously
Art. XI, Sec. 18. Public officers and employees owe the State and this owes, by some positive act, loyalty to two or more states. While
Constitution allegiance at all times, and any public officer or employee dual citizenship is involuntary, dual allegiance is the result of an
who seeks to change his citizenship or acquire the status of an individual's volition.
immigrant of another country during his tenure shall be dealt with by DUAL ALLEGIANCE IS INIMICAL TO CITIZENSHIP AND SHALL
law. BE DEALT WITH ACCORDING TO LAW.
Dual citizenship - a reality imposed on us because we have no
Dual allegiance is not contradictory to the double nationality of a control of the laws on citizenship of other countries. We recognize
Filipina who married an alien. It is not the business of Philippine law to a child of a Filipino mother. But whether she is considered a
determine if its citizen is also a citizen of another country by virtue of citizen of another country is something completely beyond our
marriage. What Sec. 5 contemplates is the case of aliens who are control. (Fr. Joaquin Bernas)
naturalized as Filipinos but remain loyal to their country of origin We consider that the renunciation needed to lose Philippine
(specifically former Chinese nationals who even ran in the legislative citizenship must be "express," it stands to reason that there can
Yuan of China), as well a public officers who, while serving the be no such loss of Philippine citizenship when there is no
government, seek citizenship in another country. renunciation, either "express" or "implied."
Dual citizenship is involuntary. It refers to the concurrent
Note : Under Sec 40(d) of the Local Government Code, those with application of the laws of two or more different states. Dual
dual citizenship are disqualified from running for any elective local allegiance on the other hand refers to an individuals volition. An
position. individual professes allegiance to another country by knowing and
University of San Carlos / LLB 1 / EH410
CONSTITUTIONAL LAWI
STEPHANIE ROSE B. SENIRES
PRE-MIDTERMS
(SCUTARIUS LEGIS)
intending to do so.
Theory of Auto Limitation - property of the State force due to which a State has exclusive legal III. Consent
competence of self-limitation and self-restriction (Jellinek). State cannot be sued without its consent
Doctrine of State Immunity - states immunity from suit is a result of sovereignty KINDS OF CONSENT:
1. Express consent - only though law; embodied in a general or special law; effected only by the will
I. Basis/Justifications of the legislature through the medium of a duly enacted statute
a. Constitutional basis - Article 16, Section 3, 1987 Constitution; the State may not be sued without a. General law: ex. Money claim - ACT 3083 (money claim), Art 2180 NCC (state can
its consent only be liable if the state acts through special agents; designation of special agents
b. Philosophical Reason - there can be no legal right against the authority which matters the law on must be done an official order)
which the right depends (Holmes) b. Special law: peculiar only to certain persons
c. Sociological basis - if the state is amenable to suits, all its time would be spent defending itself
from suits and this would prevent it from performing its other functions (Republic vs. Villasor) Scope of consent - Act 3083; When a money judgment is given against the
government, the ordinary rule for execution would not apply, for the consent of the
II. Suit Against the State government to be sued is only up to the point of judgment. If it does not pay, it cannot
When is there a suit against the state? (RP vs. Feliciano) be compelled to pay by attachment or otherwise
a. When the state is sued by its name (Ex. X vs. RP)
b. When the case is against a government agency that is unincorporated and if performing 2. Implied Consent
governmental function. a. When the state enters into a business contract - government is deemed to have descended
Incorporated government agencies have their own charter so it has a personality of its own to the level of the other contacting party and divested of its sovereign immunity from suit
I. Principles What if there is a conflict with the GAPIL and our National Laws? (General Acceptable Principle of
National Law)
Sovereignty of the people and republicanism What is subsequent will prevail because they are of equal footing. This is in cognizance of the Doctrine
Under this principle, the Philippines is a democratic state that is, a government for, of, and by the of Incorporation.
people. But it is not a pure democracy. Thus, while it is true that the people are the possessors of
sovereign power, it is equally the case that they cannot exercise the powers of government The Philippines adapts the Incorporation Doctrine (Sec. 2, Article 2)
directly, but only through the medium of their duly elected representatives. Municipal Law -> Domestic Law
Their participation in government consists of :
1. Suffrage electing the officials to whom they delegate the right of government. Note: The court determines what are to be considered as GAPIL. Not all treaties are GAPIL.
2. Plebiscite
Ratifying the Constitution Civilian Supremacy
Approving any amendment thereto The supremacy of civilian rule over the military is ensured by:
With respect to local matters, approving any changes in boundaries, mergers, i. the installation of the President, the highest civilian authority, as the commander-in-chief of
divisions, and even abolition of local offices the military
Creating metropolitan authorities, and ii. the requirement that members of the AFP swear to uphold and defend the Constitution,
Creating autonomous regions which is the fundamental law of the civil government
3. Initiative and referendum enacting or proposing laws, local or national, in a referendum. iii. the professionalization of the service and the strengthening of the patriotism and
4. Recall (Under the Local Government Code.) [as added by Prof. Barlongay.] nationalism, and respect for human rights, of the military
iv. insulation of the AFP from partisan politics
Features of Republicanism: v. prohibition against the appointment to a civil position
1. It is a govt of laws and not of men; vi. compulsory retirement of officers (no overstaying of officers), so as to avoid propagation of
2. There is periodic holding of elections; power)
3. There is observance of principle of separation of powers and of checks and balances; vii. a 3year limitation on the tour of duty of the Chief of Staff, which although extendible in case
4. There is observance of the role that the legislature cannot pass or enact irrepealable laws. of emergency by the President, depends on Congressional declaration of emergency,
viii. requirement of professional recruitment, so as to avoid any regional clique from forming
Why republican and democratic at the same time? within the AFP, as well as (ix) the establishment of a police force that is not only civilian
Democratic because we allow peoples initiative and referendum in legislation. Republican because all character but also under the local executives.
the powers will be exercised by the representatives. The people are supreme at all times even in the times of emergency
Supremacy is shown by having the president, a civilian, to be the commander-in-chief of the AFP
Sovereignty resides in the people and all government authority emanates from them
the right to revolt should not be construed from the statement
sovereignty of the people refers only to the peoples right to express their will in the ballot
Government as protector of the people, and people as defenders of the State
Art. 6, Sec. 5 unless otherwise provided by law. - refers to the composition of the House. Read, write, think?
Social Justice Board vs. DDB - requirement of a mandatory drug test
QUALFICATIONS: N-A-R-R-A Students (secondary & tertiary) - drug test is considered constitutional
Irreducible and exclusive requirements Employees (public & private) - drug test is considered constitutional
If one wishes to add/remove a requirement, a constitutional amendment is needed Candidates (national & local) - drug test is considered unconstitutional. Qualifications are
exclusive.
Accused - drug test is considered unconstitutional.
QUALIFICATIONS SENATE HOUSE
TERM OF OFFICE
Natural-born citizen Tenure: period of time that the incumbent actually held office
Term: period of time that the incumbent is mandated to hold
Age on the day of the 35 25
election
1. Senate
Residence 2 years immediately 1 yr IPDE; PL - 1 yr in the Term is 6 years and shall commence, unless otherwise provided by law, at noon on
preceding election Philippines the 30th day of June next following the election
No Senator shall serve for more than 2 consecutive terms
Registered voter Voluntary renunciation - not considered as an interruption in the continuity of service
for the full term for which he/she was elected
Able to read and write
May a Senator serve for more than two terms?
Yes, provided that the terms are NOT consecutive.
(Macalintal vs. COMELEC) - What if you resided in the US for a period of time? Can you still run
for Congress? 2. House of Representatives
Yes. Domicile is synonymously used with residence. Term is 3 years and shall commence, unless otherwise provided by law, at noon on
the 30th day of June next following the election
Domicile: where one considers his/her permanent residence No member of the House shall serve for more than 3 consecutive terms.
3 Classes of Domicile: No voluntary renunciation shall be considered an interruption in the continuity of his
a. Domicile of Origin - acquired at birth and continues until replaced by another service for the full term
domicile
b. Domicile of Choice - chosen by a person to change his former domicile; exercise May a member of the House serve for more than 3 terms?
of free will and presumes legal capacity to make a choice Yes, provided the terms are not successive.
c. Domicile by Operation of Law - law attributes to a person independent of a
persons residence or intention ELECTION
Residence: refers to physical presence of a person TYPES:
1. Regular
If a person has more than 2 residences, how do you establish a new domicile of choice? Unless otherwise provided by law, the regular election of Senators and the House
1. Actual physical presence in the new place. shall be held on the 2nd Monday of May
2. Animus mandendi - intention to live in the new domicile permanently 2. Special
3. Animus non revertendi - intention not to return to the old domicile In case of vacancy, a special election may be called to fill such vacancy in the manner
prescribed by law
Avelino vs. Cuenco - majority is 50% of members + 1; there is a distinction between majority of Parliamentary immunity - privilege speech in any other place -- not liable in court, only in
each house and majority of all the members of each house Congress
Majority of members of each house means the majority of people present excluding The member of Congress may be held to account for such speech or debate by the House
all members who are unreachable by our own processes to which he/she belongs
Majority of all the members of each house refers to all the members including those
that are absent JOURNAL AND CONGRESSIONAL RECORDS
Quorum is not majority of all members of each house; it includes those who are Art. 6, Sec. 16 - Each House shall keep a Journal of its proceedings and from time to time
absent publish the same, excepting such parts as may, in its judgment, affect national security;
and the yeas and nays on any question shall, at the request of 1/5 of the Members present,
RULES OF PROCEEDINGS be entered in the Journal. Each House shall also keep a Record of its proceedings.
Each House may determine the rules of its proceedings Journal - a resume or summary of the proceedings
If Congress violates its own rules., courts cannot come in unless it violates constitutional Record - word for word transcription of the proceedings
provisions
The rules adopted by the deliberative bodies are subject to revocation, modification, or Purpose of a Journal/Record:
waiver at the pleasure of the body adopting them. a. To show the progress of the House
Art. 6, Sec. 16 - Each House may determine the rules of is proceedings, punish its b. For purposes of statutory construction to show the legislative intent of the law
Members for disorderly behavior, and with the concurrence of two-thirds of all its Members, c. Ensures full publicity of the proceedings of the legislative department thus giving the
suspend or expel a Member. A penalty of suspension, when imposed shall not exceed sixty opportunity for the people to know what their representatives are doing
days.
Bicameral Conflicts Committee (BCC) - solves conflicts between the House of
Arroyo vs. De Venecia - The courts cannot declare an act of the legislature void on account of Representatives and the Senate regarding the submission of a bill.
VII. POWERS AND FUNCTIONS OF THE PRESIDENT Ad Interim or recess appointment: appointments made while Congress is on recess. Will
last until (1) disapproved by the COA or (2) until the next adjournment of Congress
A. EXECUTIVE POWER
Marcos vs. Manglapus - The constitution tells us that Executive Power is the sum total of all What is the nature of an ad interim appointment?
the specified powers of the President under the Constitution and his residual unspecified SC said that an ad interim appointment is a permanent appointment in the sense that since it
powers to protect the people and promote the general welfare. has made by the President, it can no longer be revoked. Ad interim as a phrase has reference
Gonzales vs. Hechanova - Executive power is NOT the power to disregard the law or not on the nature of the appointment but only the manner of appointing.
defeat a legislative enactment.
When will an ad interim appointment cease?
B. POWER OF CONTROL (1) upon disapproval by the COA or (2) until the next adjournment of Congress
Villena vs. Sec of Interior:
The departments are adjuncts of the executive and officials of such departments are NOMINATES CA CONFIRMS APPOINTS ACCEPTS (regular appointment)
b.2. CITIZENSHIP REQUIREMENT Disqualification of private corporations? One purpose of this constitutional prohibition is to
All natural resources, with the exception of agricultural lands, shall not be alienated. equitably diffuse landownership or to encourage owner cultivatorship and economic family size
The exploration, development, and utilization or natural resources shall be under the full farms and thereby prevent the recurrence of huge land holdings by corps. or private persons. It
control and supervision of the State (as the owner thereof.) was also aimed against undue exploitation of our public lands and natural resources by large
corps.
b.3. THE GRANDFATHER RULE in corporation
In so exploring, developing or utilizing its natural resources, the State has two options: No citizenship limitation? The impression might be given that Sec. 3 opens utilization of
1. One, it may undertake such activities directly, or alienable lands to foreign individuals or foreign corps. bec. Sec. 3 makes no mention of
2. It may enter into (a) co-production, (b) joint venture, or (c) production sharing citizenship requirement. But alienable lands are part of the natural resources and the gen. rule
agreement with Filipino citizens, or corporations or associations with at least 60% on the utilization of all natural resources can be found in Sec. 2. Thus, the utilization of alienable
Filipino capital. lands is open only to those qualified under Sec. 2 and in the manner prescribed by Sec. 2.
C. CLASSIFICATION, SIZE, CONDITIONS FOR GRANT OF PUBLIC LANDS (Sec. 3) D. PRIVATE LANDS
Art. XII, Sec. 7. Save in cases of hereditary succession, no private lands shall be
Classification Lands of the public domain are classified into agricultural, forest or transferred or conveyed except to individuals, corporations, or associations qualified to
timber, mineral lands, and national parks. Agricultural lands of the public domain may be acquire or hold lands of the public domain.
further classified by law according to which they may be devoted.
d.1. CITIZENSHIP REQUIREMENTS (SEC. 7)
Alienability As a general rule, the acquisition of private lands is limited to individuals or corporations
With the exception of agricultural lands, all other natural resources are owned by the State. (and associations who are qualified to acquire or holds land of the public domain). These
(Art. XII, Sec. 2) are:
Can foreign corporations enter into joint venture, co-production, PSA? e.4. FILIPINIZATION
Only in two instances. Limited to providing technical or financial assistance.
1. If it is a large scale EDU e.4.1. Of mass media and advertising
2. Mineral oil, mineral oil, petroleum oil Art. XVI, Sec. 10. The State shall provide the policy environment for the full development
of Filipino capability and the emergence of communication structures suitable to the needs
Can foreigners own houses? Yes. and aspirations of the nation and the balanced flow of information into, out of, and across
the country, in accordance with a policy that respects the freedom of speech and of the
Three reasons why foreigners cannot acquire/own private lands: press.
1. Insure their conservation for Filipino posterity Sec. 11. (1) The ownership and management of mass media shall be limited to citizens of
2. To serve as an instrument of national defense, helping prevent the extension to the country the Philippines, or to corporations, cooperatives or associations, wholly-owned and
of foreign control thorough peaceful economic penetration managed by such citizens.
3. To avoid making the Philippines a source of international conflicts The Congress shall regulate or prohibit monopolies in commercial mass media when the
public interest so requires. No combinations in restraint of trade or unfair competition
Small scale utilization of natural resources may be allowed in favor of Filipino citizens. therein shall be allowed.
"Mass media" in Sec. 11 (1) includes radio, television and the printed media. It does not
e.1. RATIONALE include commercial telecommunications which are governed as public utilities under Art.
a. Socialistic Economy The Constitution announces the policy of free enterprise tempered XII, Sec. 11.
by state intervention when the common good so requires. The economic theory is one in