Constitutional Law 1 Reviewer Finals Back Up File

8/10/2019 Constitutional Law 1 Reviewer Finals Back Up File

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Maryline S. Brojan College of Law 1-B

CONSTITUTIONAL LAW 1 REVIEWER FINALS

Concept

Government is the agency or the instrumentality through which the will of the people of the State is

formulated, expressed and realized

Government of the Republic of the Philippines is the corporate governmental entity through which the

functions of government are exercised throughout the Philippines

Types of Government

Establishment

De Jurehas the rightful title but no power or control

De Factohas power or control but no legal title

De Facto Proper - usurps by force or by voice of majority, the rightful legal government

Revolutionlegal/legitimate; people power; will of the people/majority reigns supreme

Rebellionillegal; did not ripen into revolution

Division of Powers

1.

Concentration of Powers

a.

Democraticwill of the people

b.

Monarchykings, queens

c.

Oligarchyrule of the few

Center of Authority

2.

Centralization of Control/Authority

a.

Presidential

b.

Dictatorship

c.

Parliamentary

Distinction (Presidential and Parliamentary)

I Separation/fusion of powers

II Head of Executive is elected by the people/chosen by the Legislative

III Cabinet cannot/can be dissolved


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Accountability to the Citizens

Civilian supremacy

Peoples sovereign will

May be subject of recall or impeachment

Functions

Prime Duty of the Government (Sec 4, Art 2)

To serve and protect the people

Constituent VS Ministrant

Constituent -power of the people

-Only the government can perform such functions

-protection, peace and order, safety and security

1. The keeping of order and providing for the protection of persons and property from violence and

robbery.

2. The fixing of the legal relations between man and wife and between parents and children.

3. The regulation of the holding, transmission and interchange of property and the determination of its

liabilities for debt or for crime.

4. The determination of contract rights between individuals.

5. The definition and punishment of crime.

6. The administration of justice in civil cases.

7. The determination of the political duties, privileges and relations of citizens.

8. Dealings of the state with foreign powers: the preservation of the state from external danger or

encroachment and the advancement of its international interests.

Ministrant -may be exercised by the private sector but is being exercised by the government since it has

the better machinery

-developmental, progress, potential

1. public works 2. public education 3. public charity

4. Health and safety regulations 5. Regulations of trade and industry


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Principles (whether or not a government shall exercise certain of these optional functions)

1.

That a government should do for the public welfare those things which private capital would not

naturally undertake

2.

That a government should do these things which by its very nature it is better equipped to

administer for the public welfare than is any private individual or group of individuals

Laissez-faire VS Welfare State

Laissez-faire

Doctrine opposing governmental interference in economic affairs beyond the minimum

necessary for the maintenance of peace and property rights

Welfare State

Government is actively involved in all affairs of the State

Duties

Doctrine of Parens Patriae

Government as guardian of the rights of the people may initiate legal actions for and in behalf of

a particular individual

Government Structure

Levels of Government

1.

Nationalnot subdivided; entire nation as its scope

2.

Localdivided into political subdivisions:

a.

Autonomous regions

b.

Provinces

c.

Municipalities and cities

d.

Barangays

Branches of Government

Reflect the different functions of the government

Government exercises its function to serve and protect the people

To prevent abuse, power is lodged in 3 branches


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Government Powers/Functions

Principles

Coequal

Supreme within its own sphere

Not one can tell the other what to do

Interdependence or blending of powers

All 3 branches work together to achieve one purpose, that is, to serve and protect the people

Separation of powers

Mandate: non-encroachment; performance of the specific power lodged

Checks and balances

Purpose: to prevent abuse of authority and to promote cooperation to ensure balance of

perspectives

Limit to the power of branches

Ends where the power of the other begins

Justiciable and Political Questions

Political question- people as the sole judge

-addressed to the exercise of legislative power

-may not be subject to judicial review

Political power- power of the people

-enactment of laws by the legislative body

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

-subject to judicial review


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LEGISLATIVE EXECUTIVE JUDICIAL

SENATE HOUSE OF

REPRESENTATIVES

PRESIDENT VICE PRESIDENT SUPREME COURT

composition or

appointment

Sec 2 Art 6

24 Senators elected

at large by qualified

voters

Sec 5 Art 6

-not more than 250

members unless fixed

by law and result of

legislative districts

apportioned

-20% party-list

representatives

-The President and the Vice President are

elected by direct vote of the people.

-Cabinet members

-all government agencies

Sec 9 Art 8

-Members of the SC and

judges of the lower

court shall be appointed

by the Pres from a list of

nominees by the JBC

-15 SC members

qualifications Sec 3 Art 6-natural-born

-at least 35 y/o on

election day

-able to read and

write

-registered voter

-resident of the Phil

for not less than 2

years prior election

Sec 6 Art 6

-natural-born

-at least 25 y/o on

election day

-able to read and

write

-registered voter in

the district he wants

to represent and a

resident for at least 1

year prior

election(except party-

list rep)

Sec 2 Art 7

-natural-born

-registered voter

-able to read and

write

-at least 40 y/o on

election day


for at least 10 years

prior election

Sec 2 Art 7

-natural-born

-registered voter

-able to read and

write

-at least 40 y/o on

election day


for at least 10 years

prior election

Sec 7 Art 8

-natural-born

-at least 40 y/o

-judge for 15 years of a

lower court


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LEGISLATIVE-ARTICLE VI

Nature

Section 1. The Legislative power shall be vested in the Congress of the Philippines which shall consist of

a Senate and a House of Representatives, except to the extent reserved to the people by the provision

on initiative and referendum.

Derivativederived from law, specifically the Constitution (will of the people)

Any law passed by Congress must be subordinate to the Constitution.

Plenarymay legislate on any subject matter (may not pass an irrepealable law)

Limit: The Constitution only stipulated what may not be the subject of legislation. It did not

stipulate what will or should be the subject of legislation.

Delegatedby the Filipino people, cannot be delegated further (doctrine of non-delegation)

House of Representatives and Senate

Bicameralism

1.

Allows for a body with national perspective to check the parochial tendency of representatives

elected by district

2.

Allows for more careful study of legislation

3.

Makes the legislature less susceptible to control by the Executive

4.

Serves as training ground for national leaders

Unicameralism

-

Simplicity of organization resulting in economy and efficiency, facility in pinpointing

responsibility for legislation and avoidance of duplication

Legislative powerauthority to make laws and to alter or repeal them

Kinds

Original VS Derivative

Originalpossessed by the sovereign people Derivativedelegated by the sovereign people to legislative bodies and is subordinate to the

original power of the people (power vested in Congress)

Constituent VS Ordinary

Constituentpower to amend or revise the Constitution (amendatory process)

Ordinarypower to pass ordinary laws (initiative and referendum)


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Limitation

Limits on Legislative Power

Substantivecurtail the contents of a law

Proceduralcurtail the manner of passing laws

Lecture: The constitutionality of a law limits acts of Congress. If a law is declared

unconstitutional, it ceases to exist.

Plenary

The legislative power of Congress is plenary. It may legislate on any subject matter as long as the

substantive and procedural limits in the Constitution are observed.

Congress may not pass irrepealable laws. The power of present and future legislatures must

remain plenary.

When one legislature attempts to pass an irrepealable law, to that extent it attempts to limit the

power of future legislatures. The power of any legislature can be limited only by the

Constitution.

Delegation of Legislative Power

Congress may not delegate its legislative power. It must remain where the people have lodged

it.

Exceptions:

1.

Immemorial practice legislative power may be delegated to local governments

2.

The Constitution itself might in specific instances allow delegation of legislative

power. (Sec 23 par 2 and Sec 28 par 2 of Art 6)

The scope is only as far as Congress allows it. Delegated legislation may not violate a statute.

What is delegated to administrative agencies is not legislative or law-making power but rule-

making power or law execution.

The delegating law must be: (qualities/characteristics)

a.

Complete in itselfit must set forth therein the policy to be carried out or

implemented by the delegate

b.

Fix a standardthe limits of which are sufficiently determinate or determinable, to

which the delegate must conform in the performance of his functions


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Rationale of the grant of legislative power:

-

Specialized in the particular field assigned to them, they can deal with the problems

with more expertise than can be expected from the legislature or the courts of justice.

They may have the force of penal law provided:

a.

The delegating statute itself must specifically authorize the promulgation of penal

regulations.

b.

The penalty must not be left to the administrative agency but must be provided by

the statute itself.

c.

The regulation must be published in the Official Gazette or a newspaper of general

circulation

It is not for the courts to fix the term of imprisonment where no points of reference have been

provided by the legislature.

-

What valid delegation presupposes and sanctions is an exercise of discretion to fix the

length of service which must be served within specific or designated limits provided by

law.

-

The absence of which constitutes undue delegation and is an outright intrusion or

assumption of legislative power.

Section 5 (2) The party-list representatives shall constitute 20% of the total number of representatives

including those under the party list.

Structure/Rules

Classification

District Representativeseach representing one congressional district

Party-list Representativeselected through the party-list system

Party-list System

During congressional elections, such parties or organizations are voted for at large, and the

number of seats a party or organization will get, out of the 20% allocated for party-list

representatives, will depend on the number of votes garnered nationwide.

Purpose:

-

To democratize political power by encouraging the growth of a multi-party system

-

To give power to those who traditionally do not win in elections

Qualifications under RA 7941 (Sec 5):

1.

The parties or organizations must represent the marginalized and underrepresented in

Section 5 of RA 7941.

2.

Political parties who wish to participate must comply with this policy.


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3.

The religious sector may not be represented.

4.

The party or organization must not be disqualified under Section 6 of RA 7941.

5.

The party or organization must not be an adjunct of or a project organized or an entity

funded or assisted by the government.

6.

Its nominees must likewise comply with the requirements of law.

7.

The nominee must likewise be able to contribute to the formulation and enactment of

legislation that will benefit the nation.

Disqualifications: (Sec 6 RA 7941)

1.

It is a religious sect or denomination, organization or association organized for religious

purposes.

2.

It advocates violence or unlawful means to seek its goal.

3.

It is a foreign party or organization.

4.

It is receiving support from any foreign government, foreign political party, foundation,

organization, whether directly or through any of its officers or members or indirectly

through third parties for partisan election purposes.

5.

It violates or fails to comply with laws, rules or regulations relating to elections.

6.

It declares untruthful statements in its petition.

7.

It has ceased to exist for at least 1 year.

8.

It fails to participate in the last 2 preceding elections or fails to obtain at least 2% of the

votes cast under the party-list system in the 2 preceding elections for the constituency in

which it has registered.

Religious leaders may be elected or selected as sectoral representatives. The prohibition is

against the representation of religious sectors but not against religious leaders becoming

representatives.

Party-list nominee qualifications to be determined by COMELEC:

1.

Natural-born citizen

2.

Registered voter

3.

Resident for not less than 1 year immediately preceding election day

4.

Able to read and write

5.

Bona fide member of the party or organization which he seeks to represent for the last 90

days preceding election day

6.

At least 25 y/o on election day

Distribution among parties:

1.

20% allocationcombined number of all party-list congressmen shall not exceed 20% of the

total membership of the House of Representatives, including those elected under the party-

list

2.

2% thresholdonly those parties garnering a minimum of 2% of the total valid votes cast

for the party-list system are qualified to have a seat in the House of Representatives


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3.

Three-seat limiteach qualified party, regardless of the number of votes it actually

obtained, is entitled to a maximum of 3 seats (1 qualifying and 2 additional seats)

4.

Proportional representationadditional seats which the qualified party is entitled to shall

be computed in proportion to their total number of votes

Section 5 (3) Each legislative district shall comprise, as far as practicable, contiguous, compact and

adjacent territory. Each city with a population of at least 250, 000, or each province, shall have at least

one representative.

Representative districts are created by law.

The creation of legislative districts does not need confirmation by plebiscite if it does not involve

the creation of a local government unit.

Representative districts apportioned among provinces, cities and municipalities is done in

accordance with the number of their respective inhabitants and on the basis of a uniform and

progressive ratio, in line with the concept of equality of representation which is a basic principle

of republicanism.

Each province, irrespective of population, is entitled to one representative; each city with a

population of at least 250,000 is entitled to at least one representative.

Gerrymandering is the formation of one legislative district out of separate territories for the

purpose of favoring a candidate or a party.

-

Unconstitutional (goes against the territorial requirement, contiguous and adjacent)

-

Not absolute (stated in the Constitution, as far as practicable)

Compensation

Section 10 The salaries of Senators and Members of the House of Representatives shall be determined

by law. No increase in said compensation shall take effect until after the expiration of the full term of all

the Members of Senate and the House of Representatives approving such increase.

Purpose: To place a legal bar to the legislators yielding to the natural temptation to increase

their salaries

Privileges

Section 11 A Senator or Member of the House of Representatives shall, in all offenses punishable by not

more than 6 years imprisonment, be privileged from arrest while the Congress is in session. No member


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shall be questioned nor be held liable in any other place for any speech or debate in the Congress or in

any committee thereof.

Scope:

1.

Protection only against forums other than the Congress itself; does not protect

assemblyman against the disciplinary authority of Congress but is absolute protectionagainst suits for libel

2.

Speech or debate includes utterances made in the performance of official functions, such as

speeches delivered, statements made, votes cast, as well as bills introduced and other acts

done in the performance of official duties

Purpose: To leave the legislator unimpeded in the performance of his duties and free

from fear of harassment from outside

Records and Journals

Section 16 (4) Each House shall keep a journal of its proceedings, and from time to time 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, be entered in the journal.

Purpose:

1.

To insure publicity to the proceedings of the legislature and a correspondent responsibility

of the members to their respective constituents

2.

To provide proof of what actually transpired in the legislature

Journal- official document which is binding and conclusive upon the courts

-no oral testimony against it is admissible

Enrolled bill

-signed by the Senate President and the Speaker of the House with the attestation of

the secretaries of both houses of Congress, ready for submission to the President

-official copy of approved legislation and bears the certification of the presiding officer

of the legislative body

Enrolled Bill Doctrine

The signing of a bill by the Speaker of the House and the President of the Senate

and the certification by the secretaries of both Houses of Congress that such bill

was passed are conclusive of its due enactment


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The enrolled bill theory is based mainly on the respect due to a coequal department. When such

coequal department itself repudiates the enrolled bill, then the journal must be accepted as

conclusive.

Electoral Tribunal

Section 17 The Senate and the House of Representatives shall each have an electoral tribunal which

shall be the sole judge of all contests relating to the election, returns and qualifications of their

respective members.

9 members3 Justices from the Supreme Court and 6 from Congress

Senior Justice of the Supreme Court as chairman

The jurisdiction of the Electoral Tribunal to be the sole judge comes only after a valid

proclamation of a winner.

Commission on Appointments

Section 18 There shall be a Commission on Appointments consisting of:

Senate President as ex-officio chairman

-

shall not vote, except in case of a tie

12 Senators and 12 Members of the House of Representatives

The commission shall act on all appointments submitted to it within 30 session days.

The commission shall rule by a majority vote of all its members.

Function: The COA acts as a legislative check on the appointing authority of the President. For

the effectivity of the appointment of certain key officials enumerated in the Constitution, the

consent of the COA is needed.

Legislative Investigations

Section 21 The Senate of the House of Representatives or any of its respective committees may

conduct inquiries in aid of legislation in accordance with its duly published rules of procedure. The

rights of persons appearing in or affected by such inquiries shall be respected.

Purpose: The power of inquiry, with process to enforce it, is an essential and appropriate

auxiliary to the legislative function. A legislative body cannot legislate wisely in the absence

of information intended to affect or change, recourse must be had to posses it

Section 22 Heads of departments shall appear before and be heard by both houses on any matter

pertaining to their departments


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Written questions are submitted to the Senate President or the Speaker of the House at

least 3 days before their scheduled appearance

Interpellations shall not be limited to written questions, but may cover matters related

thereto

If it involves the security of the State or public interest, the appearance shall be conducted

in executive session

Declaration of State of War

Section 23 (1) The Congress, by a vote of 2/3 of both houses in joint session assembled, voting

separately, shall have the sole power to declare the existence of a state of war.

Grant of Emergency Power

Section 23 (2)In times of war or other national emergency, the Congress may by law authorize thePresident, for a limited period and subject to such restrictions as it may prescribe to exercise powers

necessary and proper to carry out a declared national policy. Unless sooner withdrawn by a resolution of

the Congress, such power shall cease upon the next adjournment thereof.

Appropriation

Section 24 All appropriations, revenue or tariff bills, bills authorizing increase of the public debt, bills of

local application and private bills shall originate exclusively in the House of Representatives but Senate

may propose or concur with amendments.

Section 25 (1) The Congress may not increase the appropriations recommended by the President for theoperation of the government as specified in the budget. The form, content and manner of preparation

of the budget shall be prescribed by law.

(4) A special appropriations bill shall specify the purpose for which it is intended and shall be supported

by funds actually available as certified by the national treasurer or to be raised by a corresponding

revenue proposal therein.

(5) No law shall be passed authorizing any transfer of appropriations; however the President, Senate

President, Speaker of the House, Chief Justice and Heads of Constitutional Commissions may, by law, be

authorized to augment any item in the general appropriations law for their respective offices from

savings in other items of their respective appropriations.

(7) If by the end of any fiscal year, the Congress shall have failed to pass the general appropriations bill

for the ensuing fiscal year, the general appropriations law for the preceding fiscal year shall be deemed

reenacted and shall remain in force and effect until the general appropriations bill is passed by the

Congress.


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Bills to Laws; Veto

Passage of a bill:

1.

Introduction

2.

Calendared for first hearing

3.

Forwarded to appropriate committee

4.

If favorable, moves to second hearing (debate, amendments, discussion of bill author)

If unfavorable, archived

5.

Third hearing (no amendments allowed, can only be stopped by votes)

6.

If approved, passed on the other house

If existing already, provisions will be harmonized

7.

Signed by both houses = enrolled bill

Section 27 Every bill passed by Congress shall, before it becomes a law, be presented to the President.

If he approves, he shall sign it and it becomes a law. If he does not approve, he shall veto it and return it with his objections to the house where it

originated.

-

Objections entered at large in its journal and proceed to reconsider it

After reconsideration, if 2/3 of the members of the house agree to pass it, it shall be sent to the

other house with the objections.

After reconsideration of the other house with 2/3 of the members of the house concurring, it

shall become a law.

In all cases, the votes of each house shall be determined by the yeas and nays and the names of

the members voting for or against shall be entered in its journal. The President shall

communicate his veto of any bill to the house where it originated within 30 days after the date

of receipt thereof; otherwise it shall become a law.

(2) The President shall have the power to veto any particular item or items in an appropriation, revenue,

or tariff bill but the veto shall not affect the item or items to which he does not object.

Enrolled bill becomes a law:

1.

If President approves

2.

If President did not do anything after 30 days of receipt, automatically becomes a law

3.

If President did not approve, returned to the House of Rep and Senate(2/3 vote) to pass into law


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Power to Tax

Section 28 (1) The rule of taxation shall be uniform and equitable. The Congress shall evolve a

progressive system of taxation.

(2) The Congress may, by law, authorize the President to fix within specified limits and subject to such

limitations and restrictions as it may impose, tariff rates, import and export quotas, tonnage and

wharfage dues and other duties or imposts within the framework of the national development program

of the government.

(3) Those used for religious, charitable or educational purposes shall be exempt from taxation.

(4) No law granting any tax exemption shall be passed without the concurrence of a majority of all the

members of the Congress.

Purpose: The primary purpose of the power to tax is to raise revenue (also an instrument of

national economy and social policy)

Limit: The power to tax exists for the general welfare. It should be exercised for a public purpose

only.

A tax is uniform, within the Constitutional requirement, when it operates with the same force

and effect in every place where the subject of it is found.

A tax system is progressive when the rate increases as the tax base increases.

The legislative may delegate the power to tax to the executive. It is authorized by theConstitution, under Section 28, Article 6.

EXECUTIVE ARTICLE VII

Nature

Section 1 The executive power shall be vested in the President of the Philippines.

Section 3 There shall be a Vice-President (same qualifications, etc with President). He may be appointed

as a member of the Cabinet which requires no confirmation.

Only Constitutional function is to act as President when needed or to succeed presidency in

case of vacancy

Privileges

Executive Privilegepower of the President to withhold certain types of information from the courts,

the Congress and ultimately to the public


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Types of Information:

1.

Conversations and correspondence between the President and the public official

covered by this executive order

2.

Military, diplomatic and other national security matters which in the interest of

national security should not be divulged

3.

Information between inter-government agencies prior to the conclusion of treaties

and executive agreements

4.

Discussion in close-door Cabinet meetings

5.

Matters affecting national security and public order

Doctrine of Executive Privilege

Certain information must, as a matter of necessity, be kept confidential in pursuit of public

interest.

The necessity must be of such high degree as to outweigh the public interest in enforcing

that obligation in a particular case

Must be claimed with sufficient particularity to enable Congress or the court to determine

its legitimacy

Immunity from Suit

To assure the exercise of Presidential duties and functions free from any hindrance of

distraction

May be invoked by the President alone

Unlawful acts of public officials are not acts of the State and the officer who acts illegally is not

acting as such but stands in the same footing as any other trespasser

Powers

Police Power

Power of promoting public welfare by restraining and regulating use of liberty and property

It is an inherent and plenary power of the state which enables it to prohibit all that is hurtful to

the comfort, safety and welfare of society

It is the most pervasive, the least limitable and the most demanding of the 3 powers

It may be exercised so long as the activity sought to be regulated has some relevance to public

welfare

Law of Basic Overruling Necessitystate has the power to restrain and regulate the use of

liberty and property for the promotion of public welfare

Requisites:

1.

Lawful subjectwithin the scope of police power, affects public welfare

2.

Lawful meansnecessary for accomplishment and not unduly oppressive to individuals


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Power of Eminent Domain

Power of the state to forcibly take private property for public use upon payment of just

compensation

Basis: necessity of the property for public use

Requisites:

1.

Necessitymust be of public character

2.

Private propertyall private property capable of ownership except money and choses in

action

Chose in actionpropriety right such as debts, stock shares , damages

3.

Takingappropriation and possession

4.

Public useavailable to the general public as a matter of right

5.

Just compensationfair equivalent of property taken

6.

Due process of lawright to be heard in the determination of fair market value of property

Power of Taxation

Power by which the sovereign, through its law-making body, raises revenue to defray the

necessary expenses of government

It is a way of apportioning the costs of government among those who in some measure are

privileged to enjoy its benefits and must bear its burdens

Taxes are enforced proportional contributions from persons and property, levied by

the State by virtue of its sovereignty for the support of government and for all

public needs

Scope: it covers persons, property or occupation to be taxed within the taxing

jurisdiction; it is inherent in the power to tax that a state be free to select the

subjects of taxation

Who may exercise?

1.

Law-making bodies of LGUs (Sec 5 Art 10)

2.

President (Sec 28 Art 6)

Limitations:

1.

Inherent limitations

a.

Public purpose

b.

Non-delegability of power

c.

Territoriality or situs of taxation

d.

Exemption of government from taxation

e.

International comity


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2.

Constitutional limitations

a.

Due process of law

b.

Equal protection of law

c.

Uniformity, equitability and progressivity of taxation

d.

Non-impairment of contracts

e.

Non-imprisonment for non-payment of poll tax

f.

Revenue and tariff bills must originate in the House of Representatives

g.

Non-infringement of religious freedom

h.

Tax exemption of properties

i.

Majority vote of all members of Congress for grant of exemptions

j.

Non-impairment of the Supreme Courts jurisdiction intax cases

k.

Tax exemptions for educational institutions

Tax Exemptions

-

No law granting any tax exemption shall be passed without the concurrence of a

majority of all the members of Congress

a.

Charitable institutions

b.

Non-stock and non-profit educational institutions

c.

Proprietary educational institutions

d.

Educational purposes

Limitations

Section 13 They shall not, during their tenure, directly or indirectly practice any other profession,

participate in any other business or be financially interested in any contract with, or in any franchise, or

special privilege granted by the government or their subsidiaries. They shall strictly avoid conflict ofinterest in the conduct of their office.

The spouse and relatives by consanguinity or affinity within the 4thcivil degree of the President, shall not

during his tenure be appointed as members of the constitutional commissions or the office of the

ombudsman or as secretaries, under secretaries, chairmen or heads of bureaus or offices including

government-owned or controlled corporations and their subsidiaries.

Section 15 Two months immediately before the next Presidential elections and up to the end of his

term, he shall not make any appointments except temporary appointments to executive positions when

continued vacancy will prejudice public service or endanger public safety.

Chief Executive

The President is the executive and no one else is. The head of the executive departments occupy

political positions and hold office in an advisory capacity and should be the Presidents bosom,

subject to his direction.


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Commander-in-Chief

Section 18

A civilian President holds supreme military authority and is the ceremonial, legal and

administrative head of the armed forces.

The Constitution does not require that the President must have military training.

As Commander-in-Chief, he has the power to direct military operations and to determine

military strategy.

Although actual command of the armed forces is delegated to military experts, the ultimate

power is vested on him

The President as Commander-in-Chief is authorized to:

1.

To call out such armed forces to prevent or suppress lawless violence, invasion or rebellion

2.

To suspend the privilege of the writ of habeas corpus

3.

To place the Philippines or any part thereof under martial law

Executive Clemency

Section 19 Except in cases of impeachment or as otherwise provided by the Constitution, the President

may grant the following forms of executive clemency:

1.

Reprievespostpones execution of an offense to a day certain

2.

Commutationsremission of a part of punishment, substitution of a less penalty

3.

Pardons

4.

Remission of fines and forfeituresprevents collection of fines or confiscation of property

5.

Amnesty

Pardonis an act of grace, proceeding from the power entrusted with the execution of the

laws, which exempts the individual on whom it is bestowed from the punishment the law inflicts

for a crime he has committed

Granted by the Chief executive, private act which must be pleaded and proved by the

person pardoned, granted after conviction, looks forward-relieves offender from

consequences

Amnestygeneral pardon to rebels for their treason and other high political offenses or

forgiveness which one sovereign grants to the subjects of another who have offended by somebreach of the law of the nation

Proclamation of the President with the concurrence of Congress, public act which courts

should take judicial notice, granted before criminal prosecution, looks backward-

abolishes offense


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Contractual Authority

Section 20 The President may contract or guarantee foreign loans on behalf of the Republic of the

Philippines with the prior concurrence of the Monetary Board and subject to such limitations as

provided by law.

Section 21 No treaty or international agreement shall be valid unless concurred in by at least 2/3 of all

the members of the Senate.

Foreign relations of the President:

1.

The power to negotiate treaties and international agreements

2.

The power to appoint ambassadors and other public ministers and consuls

3.

The power to receive ambassadors and other public ministers accredited to the Philippines

4.

The power to contract and guarantee foreign loans on behalf of the Republic

5.

The power to deport aliens

Other Powers/Authority/Duties

Section 22 The President shall submit to the Congress within 30 days from the opening of every regular

session as the basis of the general appropriations bill, a budget of receipts and expenditures and sources

of financing, including receipts from existing and proposed revenue measures.

Annual Address to Congress

Section 23 The President shall address the Congress at the opening of its regular session. He may also

appear before it at any other time.

JUDICIAL ARTICLE VIII

Nature

Section 1 The judicial power shall be vested in one Supreme Court and in such lower courts as may be

established by law.

Judicial Powerincludes the duty of the courts of justice to settle actual controversies involving

rights which are legally demandable and enforceable and to determine whether or not there has

been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any

branch or instrumentality of the government

Section 2 The judiciary shall enjoy fiscal autonomy. Appropriations for the judiciary may not be reduced

by the legislature below the amount appropriated for the previous year and after approval, shall be

automatically and regularly released


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Declaratory Relief/Justiciable Controversy

Section 4

(2)All cases involving the constitutionality of a treaty, international or executive agreement, or law,

which shall be heard by the SC en banc and all other cases which under the Rules of Court are required

to be heard en banc, including those involving the constitutionality, application, or operation of

presidential decrees, proclamations, orders, etc shall be decided by a majority of the members who took

part in deliberations

(3) Cases on matters heard by a division shall be decided or resolved with the concurrence of a majority

of the members who took part in deliberations (in no case without the concurrence of at least 3), when

not obtained, must be decided en banc

Jurisdiction

Section 5 The Supreme Court shall have the following powers:

1.

Exercise original jurisdiction over cases affecting ambassadors and other public ministers and

consuls and over petitions for certiorari, prohibition, mandamus, quo warranto and habeas

corpus

2.

Review, revise, reverse, modify or affirm on appeal or certiorari, as the law or the Rules of Court

may provide, final judgments and orders of lower courts in:

a.

All cases in which the constitutionality or validity of any treaty, international or executive

agreement, law, presidential decree, proclamation, order, etc is in question

b.

All cases involving the legality of any tax

c.

All cases in which the jurisdiction of any lower court is in issue

d.

All criminal cases in which the penalty imposed is reclusion perpetua or higher

e.

All cases in which only an error or question of law is involved

3.

Assign temporarily judges of lower courts to other stations as public interest may require

4.

Order a change of venue or place of trial to avoid a miscarriage of justice

5.

Promulgate rules concerning protection and enforcement of constitutional rights, pleading,

practice, and procedure in all courts, the admission to the practice of law, the integrated bar,

and legal assistance to the underprivileged

6.

Appoint all officials and employees of the judiciary in accordance with the Civil Service law

Section 6 The Supreme Court shall have administrative supervision over all courts and the personnel

thereof.

Legal Standing

A person has standing to challenge the validity of governmental act only if he has a personal and

substantial interest in the case such that he has sustained or will sustain direct injury as a result

of its enforcement.


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Declaration of Unconstitutionality

The Supreme Court has rejected the view that an unconstitutional act confers no rights, imposes

no duties and affords no protection. Instead, the Court has adopted the view that before an act

is declared unconstitutional, it is an operative fact which can be the source of rights and duties.

Rules of Procedure/Admission to the Bar/Discipline

Section 8

(1) A Judicial and Bar Council is created under the supervision of the Supreme Court (CJ, Sec of

Justice, Rep from Congress, member of SC, rep of IBP, law prof and a rep from private sector)

(2) The regular members of the council shall be appointed by the Pres for a term of 4 years with the

consent of COA (service: 4 years-IBP rep, 3 years-law prof, 2 years-retired Justice, 1 year-private

sector rep)

(3) The Clerk of the SC shall be the secretary ex-officio of the council and shall keep a record of its

proceedings.

(4) The regular members of the council shall receive such emoluments as may be determined by the

SC and shall be provided in the annual budget.

(5) The council shall have the principal function of recommending appointees to the judiciary. It may

exercise such other functions and duties as the SC may assign to it.

Section 13The conclusions of the SC in any case submitted to it for decision en banc or in division shall

be reached in consultation before the case is assigned to a member for the writing of the opinion of the

Court. A certification signed by the CJ shall be issued and a copy shall be served upon the parties. Any

member who took no part shall state the reason thereof.

Compensation/Security of Tenure

Section 10 The salary of the CJ and of the Associate Justices of the SC, and judges of the lower courts

shall be fixed by law. During their continuance in office, their salary shall not be decreased.

Although not clear stated, salaries of judges and justices are subject to income tax

Section 11 Members of the judiciary shall hold office during good behavior until 70 years or become

incapacitated to discharge the duties of their office.

Submission of Annual Report to the President and Congress

Section 16 The SC shall submit within 30 days from the opening of the regular session of Congress, an

annual report on the operations and activities of the judiciary.


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CONSTITUTIONAL COMMISSIONS ARTICLE IX

Common Provisions

Section 1 The Con Com which shall be independent are the Civil Service Commission, COMELEC and

COA.

Qualifications

Section 2 No member shall, during his tenure hold any other office, engage in any other profession,

control any business, nor shall be directly or indirectly financially in contract with the government.

Authority to Promulgate Own Rules

Section 6 The Commission en bancmay promulgate its own rules concerning pleadings and practice

before it or before any of its offices. Such rules shall not diminish, increase or modify substantive rights.

Review of Decisions

Section 7 Each commission shall decide by a majority vote of its members any case or matter brought

before it within 60 days from its submission for decision. A case is deemed submitted for resolution

upon the filing of the last pleading required by the commission itself. Unless otherwise provided, any

decision may be brought to the SC on certiorari by aggrieved party within 30 days from receipt of copy.

Civil Service Commission

Composition/Tenure

Section 1 The Civil Service shall be administered by the CSC composed of a chairman and 2

commissioners who shall be natural-born citizens of the Phil and at the time of their appointment at

least 35 y/o with proven capacity for public administration and must not have been candidates for any

elective position in the elections immediately preceding their appointment

Section 2 The chairman and commissioners shall be appointed by the Pres withconsent of COA for a

term of 7 years without reappointment. (chairman-7 years, 1st

com-5 years, 2nd

com-3 years)

Disqualifications

Section 6 No candidate who has lost within 1 year such election may be appointed to any office in the

government

Section 7 No elective official shall be eligible for appointment on designation in any capacity to any

public office or position during his tenure.

Unless allowed by law or by the primary functions of his position, no appointive official shall hold any

other office in the government.


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Function

Section 3 The CSC shall establish a career service and adopt measures to promote morale, efficiency,

integrity, responsiveness, progressiveness, and courtesy in the civil service. It shall strengthen the merit

and rewards system, integrate all human resources development programs for all levels and ranks and

institutionalize a management climate conducive to public accountability. It shall submit an annualreport on its personnel programs to the President and Congress.

To promote professionalism and efficiency in public service

Scope of Authority

Section 2 (1) The Civil Service embraces all branches, instrumentalities, subdivisions and agencies of the

government including government-owned or controlled corporations with original charters.

Security of Tenure

Guarantee against arbitrary impairment whether total or partial of the right to continue

in the position held

Right to Self-Organization

Sec 8 Art 3 Right to form unions for both private and public sector

Sec 2 (5)above section

Sec 3 Art 8 Right of all workers to self-organization

Double Compensation

Section 8Shall not accept direct/indirect compensation from any foreign government

Commission on Elections

Constitutional Law 1 Reviewer Finals Back Up File

Documents

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