Memory aid for Philippine Constitution

8/13/2019 Memory aid for Philippine Constitution

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ARTICLE I – THE NATIONAL TERRITORY

The national territory of the Philippines comprises:

1. The Philippine archipelago2. With all the islands and waters embraced therein3. And all other territories over which the Philippines has sovereignty or jrisdiction

!. "onsisting of itsa. Terrestrialb. Flvial# and CODE: TFAc. Aerial domains

$. %nclding itsa. Territorial seab. The seabedc. The sbsoil CODE: TSSIOd. The inslar shelves# ande. The other sbmarine areas

&. The watersa. Arond

b. Between andc. Connectingd. The islands of the archipelago CODE: ABCI

'egardless of their breadth and dimensions(orm part of the %)T*')A+ WAT*', of the Philippines

Definition of Archipelao

An archipelago is a body of water stdded with islands. The Philippine archipelago is that body of waterstdded with islands which is delineated in the Treaty of Paris -1/0 as amended by the Treaty ofWashington -1/0 and the Treaty of reat 4ritain -1/30.

Definition of !all other territories o"er #hich the $hilippines has so"ereint% or &'ris(iction)

%t incldes any territory that presently belongs or might in the ftre belong to the Philippines throgh any ofthe internationally accepted modes of ac5iring territory.

Archipelaic principle

Two elements:1. The definition of internal waters -as provided above0#

2. The straight baseline method of delineating the territorial sea 6 consists of drawing straight linesconnecting appropriate points on the coast withot departing to any appreciable e7tent from thegeneral direction of the coast.

I*portant (istances #ith respect to the #aters aro'n( the $hilippines

1. Territorial sea 8 12 natical miles -n.m.02. "ontigos 9one 8 12 n.m. from the edge of the territorial sea3. *7clsive economic 9one 8 2 n.m. from the baseline incldes -10 and -20;


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ARTICLE II – DECLARATION OF $RINCI$LES AND STATE $OLICIES

Selected principles

SEC +, The $hilippines is a (e*ocratic an( rep'-lican State, So"ereint% resi(es in the people an( alo"ern*ent a'thorit% e*anates fro* the*,

Ele*ents of a State .for *'nicipal la# p'rposes/ CODE: $TS0

1. A commnity of persons more or less nmeros -$*


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Classification of de facto o"ern*ents

1. De facto proper a. That government that gets possession and control of b. or srps by force or by the voice of majorityc. the rightfl legal governmentd. and maintains itself against the will of the latter.

2. overnment of paramont forcea. That which is established and maintained by military forcesb. who invade and occpy a territory of the enemyc. in the corse of war.

3. That established as an independent government by the inhabitants of a contry who rise in insrrectionagainst the parent state.

Definition of !Rep'-lican State)

%t is one wherein all government athority emanates from the people and is e7ercised by representativeschosen by the people.

Definition of De*ocratic State

This merely emphasi9es that the Philippines has some aspects of direct democracy sch as initiative andreferendm.

SEC, 1, The $hilippines reno'nces #ar as an instr'*ent of national polic%2 a(opts the enerall%accepte( principles of international la# as part of the la# of the lan( an( a(heres to the polic% ofpeace2 e3'alit%2 &'stice2 free(o*2 cooperation2 an( a*it% #ith all nations,

4in( of #ar reno'nce( -% the $hilippines

The Philippines only renonces A!!"#SSI$# %ar as an instrment of national policy. %t does not renoncedefensive war.

So*e 5enerall% accepte( principles of international la#5 reconi6e( -% the Co'rt:

1. 'ight of an alien to be released on bail while awaiting deportation when his failre to leave the contry isde to the fact that no contry will accept him -Mejoff &' Director of Prisons / Phil. 0

2. The right of a contry to establish military commissions to try war criminals -(roda &' )alondoni* 3 Phil110

3. The >ienna "onvention on 'oad ,igns and ,ignals - Agstin &' #d* ,"'A 1/$0

A*it% #ith all nations

This does not mean atomatic diplomatic recognition of all nations. Biplomatic recognition remains a matter ofe7ective discretion.

SEC 7, Ci"ilian a'thorit% is2 at all ti*es2 s'pre*e o"er the *ilitar%, The Ar*e( Forces of the$hilippines is the protector of the people an( the State, Its oal is to sec're the so"ereint% of theState an( the interit% of the national territor%,


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Ci"ilian a'thorit%8s'pre*ac% cla'se .+st sentence/

1. "ivilian athority simply means the spremacy of the law becase athority nder or constittionasystem can only come from law.

2. Cnder this clase the soldier renonces political ambition.

9ar of so"ereint% .1n( an( 7r( sentences/

1. Positively this clase singles ot the military as the gardian of the people and of the integrity of thenational territory and therefore ltimately of the majesty of the law.

2. )egatively it is an e7pression of disapproval of military abses.

SEC ;, The pri*e ('t% of the 0o"ern*ent is to ser"e an( protect the people, The 0o"ern*ent *a% call'pon the people to (efen( the State an(2 in the f'lfill*ent thereof2 all citi6ens *a% -e re3'ire(2 'n(ercon(itions pro"i(e( -% la#2 to ren(er personal2 *ilitar%2 or ci"il ser"ice,

SEC,


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SEC, +=, The State shall protect an( a("ance the riht of the people to a -alance( an( healthf'ecolo% in accor( #ith the rh%th* an( har*on% of nat're,

1. While the right to a balanced and healthfl ecology is fond nder the declaration of Principle and,tate Policies and not nder the 4ill of 'ights it does not follow that it is less important than any ofthe civil and political rights enmerated in the latter. -


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3. The defendant mst be given notice and an opportnity to be heard.!. Fdgment mst be rendered pon a lawfl hearing.

For AD9INISTRATIE procee(ins: CODE: H E D S H I $

1. The right to a hearing which incldes the right to present oneEs case and sbmit evidence inspport thereof.

2. The tribnal mst consider the evidence presented.

3. The (ecision mst have something to spport itself.!. *vidence spporting the conclsion mst be sbstantial.$. The decision mst be based on the evidence presented at the hearing or at least contained

in the record and disclosed to the parties affected.&. The tribnal or body or any of its jdges mst act on its or his own independen

consideration of the law and facts of the controversy and not simply accept the views of asbordinate in arriving at a decision.

. The board or body shold in all controversial 5estions render its decision in sch amanner that the parties to the proceeding can @now the varios isses involved and thereasons for the decision rendered.

Note:

1. What is re5ired is not actal hearing bt a real opportnity to be heard.2. The re5irement of de process can be satisfied by sbse5ent de hearing.3. >iolation of de process: when same person reviews his own decision on appeal.!. )otice and hearing are re5ired in jdicial and 5asi8jdicial proceedings bt not in the

promlgation of general rle.

For SCHOOL DISCI$LINARY procee(ins: CODE: A In A D $

1. The stdent mst be informed in #riting of the natre and case of any accsation againstthem.

2. The stdent shall have the right to answer the charges against him with the assistance ofconsel if desired.

3. The stdent has the right to be informed of the evidence against him.!. The stdent has the right to addce evidence in his own behalf.$. The evidence mst be (ly considered by the investigating committee or official designated

by the school athorities to hear and decide the case.&. The penalty imposed mst be proportionate to the offense.

Note:1. The school has a contractal obligation to afford its stdents a fair opportnity to complete the

corse a stdent has enrolled for.2. *7ceptions:3. ,erios breach of discipline# or !. (ailre to maintain the re5ired academic standard.

$. Proceedings in stdent disciplinary cases may be smmary# cross8e7amination is not essential

Instances #hen hearins are NOT necessar%:

1. When administrative agencies are e7ercising their ,asi-legislati&e fnctions.2. Abatement of nisance per se.3. ranting by corts of pro&isional remedies.!. "ases of pre&enti&e sspension.$. "emo&al of temporary employees in the government service.&. %ssance of warrants of distraint andor le&+ b+ the .I" /ommissioner'


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. /ancellation of the passport of a person charged with a crime.. %ssance of se,estration orders -considered a provisional remedy0./. Fdicial order which prevents an accsed from tra&elling abroad in order to maintain the

effectivity of the cortEs jrisdiction.1. Sspension of a ban01s operations by the ?onetary 4oard pon a prima facie finding of

li5idity problems in sch [email protected]:1. The right to consel is a very basic re5irement of sbstantive de process and has to be observed

even in administrative and 5asi8jdicial bodies.2. The right to appeal is a stat'tor% pri"ilee that may be e7ercised only in the manner in

accordance with law.

Re3'isites of SBSTANTIE ('e process: CODE: I 9

1. The INT#"#STS of the pblic generally as distingished from those of a particlar class re5iresthe interference by the government and

2. The M#ANS employed are necessary for the accomplishment of the prpose and not ndlyoppressive pon individals.

Re3'ire*ents of a "ali( or(inance:

1. ?st not contravene the "onstittion or any statte2. ?st not be nfair or oppressive3. ?st not be partial or discriminatory!. ?st not prohibit bt may reglate trade$. ?st be general and consistent with pblic policy&. ?st not be nreasonable

hen is a la# A0E

1. When it lac@s "


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#itnesses he *a% pro('ce2 an( partic'larl% (escri-in the place to -e searche( an( the person orthins to -e sei6e(,

0eneral R'le: ,earch and sei9res are nreasonable C)+*,, athori9ed by a validly issed search warranor warrant of arrest

Re3'isites for a "ali( #arrant: CODE: $ E D

1. %t mst be issed pon $'


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$ARTICLARITY OF DESCRI$TION .SEARCH ARRANT/

1. A search warrant may be said to particlarly describe the things to be sei9ed when the (escriptiontherein is as specific as the circ'*stances #ill or(inaril% allo# or

2. When the (escription epresses a concl'sion of fact 6 not of law 6 by which the warrant officer may begided in ma@ing the search and sei9re or

3. When the thins (escri-e( are li*ite( to those #hich -ear a (irect relation to the offense for which

the warrant is being issed -.ache and /o' &' "i4 3 ,"'A 230.

OHN DOE ARRANT

A IFohn BoeJ warrant can satisfy the re5irement of particlarity of description if it contains a descriptio personae sch as will enable the officer to identify the accsed -People &' $eloso ! Phil. 1$/0

0ENERAL ARRANT

A general warrant is one that does not allege any specific acts or omissions constitting the offense charged inthe application for the issance of the warrant. %t contravenes the e7plicit demand of the 4ill of 'ights that thethings to be sei9ed be particlarly described.

ALID ARRANTLESS SEARCH

1. ,earch made as an incident to lawfl arrest

A. An officer ma@ing an arrest may ta@e from the person arrested:i. Any money or property fond pon his person which was sed in the commission of the

offense orii. Was the frit thereof or iii. Which might frnish the prisoner with the means of committing violence or escaping or iv. Which may be sed in evidence in the trial of the case

4. The search mst be made simltaneosly with the arrest and it may only be made in the area withinthe reach of the person arrested

2. ,earch of moving vehicles

A. This e7ception is based on e7igency. Ths if there is time to obtain a warrant in order to search thevehicle a warrant mst first be obtained.

4. The search of a moving vehicle mst be based on probable case.

3. ,ei9re of goods concealed to avoid cstoms dtiesKathori9ed nder the Tariffs and "stoms "ode

A. The Tariffs and "stoms "ode athori9es persons having police athority nder the "ode to effec

search and sei9res withot a search warrant to enforce cstoms laws.4. *7ception: A search warrant is re5ired for the search of a dwelling hose.". ,earches nder this e7ception inclde searches at borders and ports of entry. ,earches in these

areas do not re5ire the e7istence of probable case

!. ,ei9re of evidence in plain view

A. To be a valid warrantless search the articles mst be open to the eye and hand.4. The peace officer comes pon them inadvertently.


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$. Waiver of right

A. 'e5isites of a valid waiver:

i. The right e7ists.ii. The person had actal or constrctive @nowledge of the e7istence of sch right.iii. There is an actal intention to relin5ish sch right.

4. The right against nreasonable searches and sei9res is a personal right. Ths only the personbeing searched can waive the same.

". Waiver re5ires a positive act from the person. ?ere absence of opposition is not a waiver.B. The search made prsant to the waiver mst be made within the scope of the waiver.

Note:1. "hec@points: as long as the vehicle is neither searched nor its occpants sbjected to a body

search and the inspection of the vehicle is limited to a visal search L valid search -$almonte $' De$illa0

2. "arroll rle: warrantless search of a vehicle that can be 5ic@ly moved ot of the locality o jrisdiction

3. The 1/ "onstittion has retrned to the 1/3$ rle that warrants may be issed only by jdges

bt the "ommissioner of %mmigration may order the arrest of an alien in order to carry ot a (%)A+deportation order.

ALID ARRANTLESS ARRESTS

1. When the person to be arrested has committed is actally committing or is abot to commit an offense inthe presence of the arresting officer.

2. When an offense has in fact jst been committed and the arresting officer has personal @nowledge of factsindicating that the person to be arrested has committed it.

3. When the person to be arrested is a prisoner who has escaped from a penal establishment or place where

he is serving final jdgment or temporarily confined while his case is pending or has escaped while beingtransferred from one confinement to another.

!. Waiver of an invalid arrest:

When a person who is detained applies for bail he is deemed to have waived any irreglarity which mayhave occrred in relation to his arrest.

$. Dot prsit

A. The prsit of the offender by the arresting officer mst be continos from the time of the commissionof the offense to the time of the arrest.

4. There mst be no spervening event which brea@s the continity of the chase.


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&. ,top and fris@

When a policeman observes sspicios activity which leads him to believe that a crime is abot to becommitted he can investigate the sspicios loo@ing person and may fris@ him for weapons as a measreof self8protection. ,hold he find however a weapon on the sspect which is nlicensed he can arrestsch person then and there for having committed an offense in the officerEs presence.

Section 7, .+/ The pri"ac% of co**'nication an( correspon(ence shall -e in"iola-le ecept 'ponla#f'l or(er of the co'rt2 or #hen p'-lic safet% or or(er re3'ires other#ise as prescri-e( -% la#,

.1/ An% e"i(ence o-taine( in "iolation of this or the prece(in section shall -e ina(*issi-le for an%p'rpose in an% procee(ins,

'.A. !2 -Anti8Wiretapping Act0

1. The law does not distingish between a party to the private commnication or a third person. Dence botha party and a third person cold be held liable nder '.A. !2 if they commit any of the prohibited actsnder '.A. !2 -'amire9 v. "a0

2. The se of a telephone e7tension to overhear a private conversation is not a violation of '.A. !2

becase it is not similar to any of the prohibited devices nder the law. Also a telephone e7tension is notprposely installed for the prpose of secretly intercepting or recording private commnication. -aanan v%A" 1!$ ,"'A 1120

T%pes of co**'nication protecte(:

+etters messages telephone calls telegrams and the li@e.

Ecl'sionar% r'le:

Any evidence obtained shall be inadmissible for any prpose in any proceeding. Dowever in the absence ofgovernmental interference the protection against nreasonable search and sei9re cannot be e7tended to acts

committed by private individals. -People &' Martin0

Section ;, No la# shall -e passe( a-ri(in the free(o* of speech2 of epression2 or of the press2 orof the riht of the people peacea-l% to asse*-le an( petition the o"ern*ent for re(ress ofrie"ances,

hat are consi(ere( protecte( speech:

Protected speech incldes every form of e7pression whether oral written tape or disc recorded. %t incldesmotion pictres as well as what is @nown as symbolic speech sch as the wearing of an armband as a symbolof protest. Peacefl pic@eting has also been inclded within the meaning of speech.

$rohi-itions 'n(er Section ;

1. Prohibition against P'%


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2. *7amplesKforms of prior restrainta. movie censorshipb. jdicial prior restraint L injnction against pblicationc. license ta7es based on gross receipts for the privilege of engaging in the bsiness of advertising in

any newspaper d. flat license fees for the privilege of selling religios boo@s

hen prohi-ition (oes not appl%

a. Bring a war. *7. overnment can prevent pblication abot the nmberKlocations of its troops -)ear v.?innesota 23 C, &/0

b.


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A. 2AI" /OMM#NT 7U'S' "le8' These are statements of


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Section ; S 1G7/

1. The non?esta-lish*ent cla'se does not depend pon any showing of direct governmental complsion%t is violated by the enactment of laws which establish an official religion whether those laws operatedirectly to coerce non8observing individals or not. The test of compliance with the non8establishmentclase can be stated as follows: What are the prposes and primary effect of the enactmentM %f either isthe advancement or inhibition of religion the law violates the non8establishment clase. Ths in order foa law to comply with the non8establishment clase two re5isites mst be met. (irst it has a seclarlegislative prpose. ,econd its primary effect neither advances nor inhibits religion.

2. The free eercise of reliion cla'se withdraws from legislative power the e7ertion of any restraint on thefree e7ercise of religion. %n order to show a violation of this clase the person affected mst show thecoercive effect of the legislation as it operates against him in the practice of his religion. While thefreedom to believe -non8establishment0 is absolte the moment sch belief flows over into action itbecomes sbject to government reglation.

Re3'isites for o"ern*ent ai( to -e allo#a-le:

1. %t mst have a seclar legislative prpose#2. %t mst have a primary effect that neither advances nor inhibits religion#3. %t mst not re5ire e7cessive entanglement with recipient instittions.

Section =, The li-ert% of a-o(e an( of chanin the sa*e #ithin the li*its prescri-e( -% la# shall not-e i*paire( ecept 'pon la#f'l or(er of the co'rt, Neither shall the riht to tra"el -e i*paire( eceptin the interest of national sec'rit%2 p'-lic safet% or p'-lic health2 as *a% -e pro"i(e( -% la#,

Rihts 'arantee( 'n(er Section =:

1. (reedom to choose and change oneEs place of abode.2. (reedom to travel within the contry and otside.

C'rtail*ent of rihts:

'%DT ?A))*'


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Section >, The riht of the people to infor*ation on *atters of p'-lic concern shall -e reconi6e(,

Rihts 'arantee( 'n(er Section >

1. 'ight to information on matters of pblic concern2. 'ight of access to official records and docments

$ersons entitle( to the a-o"e rihts


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%t is only necessary when the owner does not want or opposes the sale of his property. Ths if a valid contrace7ists between the government and the owner the government cannot e7ercise the power of eminent domainas a sbstitte to the enforcement of the contract.

Ele*ents of the po#er of e*inent (o*ain

10 There is a TAN%) of private property20 Ta@ing is for PC4+%" C,*

30 Payment of FC,T "


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$oint of reference for "al'atin a piece of propert%:

eneral rle: The vale mst be that as of the time of the filing of the complaint for e7propriation.

*7ception: When the filing of the case comes later than the time of ta@ing and meanwhile the vale of theproperty has increased becase of the se to which the e7propriator has pt it the vale is that of the time ofthe earlier ta@ing. 4CT if the vale increased independently of what the e7propriator did then the vale is thaof the latter filing of the case.

Section +G, No la# i*pairin the o-liation of contracts shall -e passe(,

hen (oes a la# i*pair the o-liation of contracts:

10 %f it changes the terms and conditions of a legal contract either as to the time or mode of performance20 %f it imposes new conditions or dispenses with those e7pressed30 %f it athori9es for its satisfaction something different from that provided in its terms.

A mere change in P'


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Re3'isites of "ali( #ai"er:

10 Waiver shold be made in W'%T%)20 Waiver shold be made in the P'*,*)"*


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Other rihts in relation to -ail,

10 The right to bail shall )


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%&IG)T T# B! )!A& B* )I$S!L( AND #UNS!L'

The riht to -e hear( incl'(es the follo#in rihts:

1. 'ight to be present at the trial

A. The right to be present covers the period from A''A%)?*)T to P'


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%&IG)T T# SP!!D*, I$PA&TIAL AND PUBLI T&IAL'

Factors 'se( in (eter*inin #hether the riht to a spee(% trial has -een "iolate(

10 Time e7pired from the filing of the information20 +ength of delay involved30 'easons for the delay

!0 Assertion or non8assertion of the right by the accsed$0 Prejdice cased to the defendant.

Effect of (is*issal -ase( on the ro'n( of "iolation of the acc'se(s riht to spee(% trial

%f the dismissal is valid it amonts to an ac5ittal and can be sed as basis to claim doble jeopardy. Thiswold be the effect even if the dismissal was made with the consent of the accsed

Re*e(% of the acc'se( if his riht to spee(% trial has -een "iolate(

De can move for the dismissal of the case.%f he is detained he can file a petition for the issance of writ of habeas corps.

Definition of i*partial trial

The accsed is entitled to the Icold netrality of an impartial jdgeJ.%t is an element of de process.

Definition of p'-lic trial

The attendance at the trial is open to all irrespective of their relationship to the accsed. Dowever if theevidence to be addced is Ioffensive to decency or pblic moralsJ the pblic may be e7clded.

The right of the accsed to a pblic trial is not violated if the hearings are condcted on ,atrdays either with

the consent of the accsed or if failed to object thereto.

%&IG)T T# $!!T +ITN!SS (A! T# (A!'

$'rposes of the riht:

1. To afford the accsed an opportnity to cross8e7amine the witness2. To allow the jdge the opportnity to observe the deportment of the witness

Fail're of the acc'se( to cross?ea*ine a #itness

%f the failre of the accsed to cross8e7amine a witness is de to his own falt or was not de to the falt of theprosection the testimony of the witness shold be e7clded.

hen the riht to cross?ea*ine is (e*an(a-le

%t is demandable only dring trials. Ths it cannot be availed of dring preliminary investigations.

$rincipal eceptions to the riht of confrontation

1. The admissibility of Idying declarationsJ


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2. Trial in absentia nder ,ection 1!-203. With respect to child testimony

Section +=, All persons shall ha"e the riht to a spee(% (isposition of their cases -efore all &'(icial3'asi?&'(icial2 or a(*inistrati"e -o(ies,

Distinction -et#een Section +; an( Section +=

While the rights of an accsed only apply to the trial phase of criminal cases the right to a speedy dispositionof cases covers A++ phases of FCB%"%A+ HCA,%8FCB%"%A+ or AB?%)%,T'AT%>* proceedings.

Section +>, No person shall -e co*pelle( to -e a #itness aainst hi*self,

hen is a 3'estion incri*inatin:

A 5estion tends to incriminate when the answer of the accsed or the witness wold establish a fact whichwold be a necessary lin@ in a chain of evidence to prove the commission of a crime by the accsed or thewitness.

Distinction -et#een an acc'se( an( an or(inar% #itness

1. An accsed can refse to ta@e the witness stand by invo@ing the right against self8incrimination.2. An ordinary witness cannot refse to ta@e the stand. De can only refse to answer specific 5estions

which wold incriminate him in the commission of an offense.

Scope of riht

1. What is P'


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ho can in"oe the riht:


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30 A ('ACBC+*)T debt may reslt in the imprisonment of the debtor if:

A. The fradlent debt constittes a crime sch as estafa and4. The accsed has been dly convicted.

Section 1+, No person shall -e t#ice p't in &eopar(% of p'nish*ent for the sa*e offense, If an act

p'nishe( -% a la# an( an or(inance2 con"iction or ac3'ittal 'n(er either shall constit'te a -ar toanother prosec'tion for the sa*e act,

Re3'isites for a "ali( (efense of (o'-le &eopar(%: CODE: ATS

10 (irst jeopardy mst have attached prior to the second.20 The first jeopardy mst have terminated'30 The second jeopardy mst be for the same offense as that in the first.

hen (oes &eopar(% ATTACH: .+st re3'isite/ CODE: CICA

10 A person is charged

20 Cnder a complaint or information sfficient in form and sbstance to sstain a conviction30 4efore a cort of competent jrisdiction!0 After the person is arraigned$0 ,ch person enters a valid plea.

hen (oes &eopar(% NOT attach:

10 %f information does not charge any offense20 %f pon pleading gilty the accsed presents evidence of complete self8defense and the cort thereafter

ac5its him withot entering a new plea of not gilty for accsed.30 %f the information for an offense cogni9able by the 'T" is filed with the ?T".!0 %f a complaint filed for preliminary investigation is dismissed.

hen (oes first &eopar(% TER9INATE: .1ND REJISITE/

10 Ac5ittal20 "onviction30 Bismissal WK< the *GP'*,, consent of the accsed!0 Bismissal on the merits.

Ea*ples of ter*ination of &eopar(%:

10 Bismissal based on violation of the right to a speedy trial. This amonts to an ac5ittal.20 Bismissal based on a demrrer to evidence. This is a dismissal on the merits.

30 Bismissal on motion of the prosection sbse5ent to a motion for reinvestigation filed by the accsed.!0 Bischarge of an accsed to be a state witness. This amonts to an ac5ittal.

hen can the $ROSECTION appeal fro* an or(er of (is*issal:

10 %f dismissal is on motion of the accsed. *7ception: %f motion is based on violation of the right to a speedytrial or on a demrrer to evidence.

20 %f dismissal does )


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$0 %f the dismissal was made with grave abse of discretion.

hat are consi(ere( to -e the !SA9E OFFENSE): .'n(er the +st sentence of Section 1+/

10 *7act identity between the offenses charged in the first and second cases.20


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Definition of BILL OF ATTAINDER

10 A bill of attainder is a +*%,+AT%>* act which inflicts pnishment WK< FCB%"%A+ trial.

20 The bill of attainder does not need to be directed at a specifically named person. %t may also refer to easilyascertainable members of a grop in sch a way as to inflict pnishment on them withot jdicial trial.

30 *lements of the bill of attainder

A. There mst be a +AW.4. The law imposes a P*)A+ brden on a )A?*B %)>%B%BCA+K*A,%+= A,"*'TA%)A4+*

?*?4*', of a ' Constit'tion:

Prior to the 1/3 "onstittion if a (ilipina married an alien she lost her (ilipino citi9enship. Dence herchild wold have to elect (ilipino citi9enship pon reaching the age of majority. Cnder the 1/3 "onstittionhowever children born of (ilipino mothers were already considered (ilipinos. Therefore the provision onelection of citi9enship nder the 1/ "onstittion only applies to those persons who were born nder the1/3$ "onstittion. %n order for the children to elect (ilipino citi9enship the mothers mst have been (ilipinosat the time of their marriage. ,o if yor mother was a (ilipina who married an alien nder the 1/3$constittion and yo were born before Fanary 1 1/3 yo can elect (ilipino citi9enship pon reaching theage of majority.

hen *'st the election -e *a(e:

The election mst be made within a reasonable period after reaching the age of majority.

Effects of nat'rali6ation:

10 The legitimate minor children of the natrali9ed father become (ilipinos as well.20 The wife also becomes a (ilipino citi9en provided that she does not have any dis5alification which wold

bar her from being natrali9ed.


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Nat'ral?-orn citi6ens:

10 "iti9ens of the Philippines from birth who do not need to perform any act to ac5ire or perfect theiPhilippine citi9enship.

20 Those who elect Philippine citi9enship nder Art. %> ,ec. 1-30 of 1/ "onstittion.

9arriae of Filipino #ith an alien:

10 !eneral "le3 The (ilipino '*TA%), Philippine citi9enship20 #9ception3 %f by their act or omission they are deemed nder the law to have renonced it.

Ea*ples of ren'nciation of $hilippine citi6enship:

10 >olntarily obtaining foreign passport20 Pledging allegiance to another contry -e7. by becoming a natrali9ed citi9en of another contry0

Re?ac3'isition of citi6enship

)atral8born (ilipinos who are deemed to have lost their citi9enship may re8ac5ire the same via repatriationproceedings. This involves ta@ing an oath of allegiance and filing the same with the civil registry.

Ho# *a% one lose citi6enship:

1. 4y natrali9ation in a foreign contry2. 4y e7press rennciation of citi9enship3. 4y sbscribing oath or allegiance to a foreign "onstittion!. 4y serving in the armed forces of an enemy contry$. 4y being a deserter of the armed forces of oneEs contry

Ho# *a% one reac3'ire citi6enship:

1. 4y direct act of "ongress2. 4y natrali9ation3. 4y repatriation

ARTICLE – SFFRA0E

J'alifications: CODE: CD+@RR

10 Citi9en of the Philippines20 )ot Dis5alified by law

30 At least +@ years old!0 Resident of the Philippines for at least 1 year $0 Resident of the place wherein heKshe proposes to vote for at least & months immediately preceding the

election.

Note3 )< literacy property or other sbstantive re5irement can be imposed on the e7ercise of sffrage.

Resi(enc% re3'ire*ent

"esidenc+* nder Article $ has : senses3


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1. DOMI/IL# 6 This is in reference to the 1 year residency re5irement in the Philippines.2. T*?P


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2. "ongress as a general rle cannot delegate its legislative power. ,ince the people have alreadydelegated legislative power to "ongress the latter cannot delegate it any frther.

ECE$TIONS:

1. Belegation of legislative power to local government nits#2. %nstances when the "onstittion itself allows for sch delegation see Art. >% ,ec. 23-20;

hat *a% Conress (eleate:

"ongress can only delegate sally to administrative agencies 'C+*8?AN%) Polntary rennciation of office for any length of time shall not be considered as an interrption in the

continity of his service for the fll term for which he was elected.

Sections , HOSE OF RE$RESENTATIES

Co*position:

1. )ot more than 2$ members nless otherwise fi7ed by law# and2. Party8list 'epresentatives

Election of 1


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1. They shall be elected from legislative districts apportioned among the provinces cities and the ?etropolitan?anila area.

2. +egislative districts are apportioned in accordance with the nmber of inhabitants of each area and on thebasis of a niform and progressive ratio.

a. *ach district shall comprise as far as practicable contigos compact and adjacent territory#b. *ach city with at least 2$ inhabitants will be entitled to at least one representative.c. *ach province will have at least one representative.

d. +egislative districts shall be re8apportioned by "ongress within 3 years after the retrn of eachcenss. According to Fac@ however while the apportionment of districts is )olntary rennciation of office for any length of time shall not be considered as an interrption in thecontinity of his service for the fll term for which he was elected.

Ter* Li*itations

)o member of the Dose of 'epresentatives shall serve for more than three -30 consective terms.

Distinctions -et#een Ter* an( Ten're

1. Befinition

a. Terms means the period dring which the elected officer is legally athori9ed to assme his officeand e7ercise the powers thereof.

b. Tenre is the actal period dring which sch officer actally holds his position.

2. +imitationKPossible 'edction

a. Term "A))ice8President0 is valid as it only affects the officers tenre and )


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2. Dowever for 3 consective terms from 2 (ebrary 1/ -i.e. the 1/8/2 /28/$ and /$8/ terms0 2$seats shall be allotted to sectoral representatives. Cnder Art. G>%%% ,ec. the sectoral representatives areto be appointed by the President ntil legislation otherwise provides.

3. ?echanics of the party8list system:a. 'egistered organi9ations sbmit a list of candidates in order of priority.b. Bring the elections these organi9ations are voted for at large.

c. The nmber of seats that each organi9ation gets ot of the 2Q allotted to the system depends onthe nmber of votes they get.

!. Halifications

a. )atral born citi9en of the Philippinesb. At least 2$ years of age on the day of the electionc. Able to read and write

SEC, , In case of "acanc% in the Senate or in the Ho'se of Representati"es2 a S$ECIAL ELECTION*a% -e calle( to fill s'ch "acanc% in the *anner prescri-e( -% la#2 -'t the Senator or 9e*-er of theHo'se of Representati"es th's electe( shall ser"e onl% for the 'nepire( ter*,

SEC, +G, Salaries of Senators an( 9e*-ers of the Ho'se

Deter*ination of Salaries:

,alaries of ,enators and ?embers of the Dose of 'epresentatives shall be determined by law.

R'le on increase in salaries:

)o increase in their salaries shall ta@e effect ntil after the *GP%'AT%


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SEC, ++: CON0RESSIONAL I99NITIES

1.0 %mmnity from arrest:

a. +egislators are privileged from arrest while "ongress is Iin sessionJ with respect to offenses pnishableby p to & years of imprisonment. Ths whether "ongress is in reglar or special session theimmnity from arrest applies.

b. %f "ongress is in recess members thereof may be arrested.c. The immnity is only with respect to arrests and )


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3. +egislators cannot personally appear asconsel before any cort of jsticeelectoral tribnal 5asi8jdicial andadministrative bodies.

Bring his term of office.

!. +egislators cannot be financially

interested directly or indirectly in anycontract with or in any franchise or specialprivilege granted by the overnment orany sbdivision agency or instrmentalitythereof inclding any


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Discipline:

1.0 ,spensiona. "oncrrence of 2K3 of A++ its members andb. ,hall not e7ceed & days.

2.0 *7plsion

a. "oncrrence of 2K3 of A++ its members.

Conressional o'rnals an( Recor(s:

1.0 The Fornal is conclsive pon the corts.2.0 4CT an enrolled bill prevails over the contents of the Fornal.3.0 An enrolled bill is the official copy of approved legislation and bears the certifications of the presiding

officers of each Dose. Ths where the certifications are valid and are not withdrawn the contents of theenrolled bill are conclsive pon the corts as regards the provision of that particlar bill.

A(&o'rn*ents:

1.0 )either Dose can adjorn for more than 3 days dring the time "ongress is in session withot the consenof the other Dose.

2.0 )either can they adjorn to any other place than that where the two hoses are sitting withot the consentof the other.

Section +>: THE ELECTORAL TRIBNAL

The Senate an( the Ho'se shall each ha"e an Electoral Tri-'nal #hich shall -e co*pose( of:

1. 3 ,preme "ort Fstices to be designated by the "hief Fstice# R2. & ?embers of the ,enate or Dose as the case may be.

The senior Fstice in the *lectoral Tribnal shall be its "hairman.

)ote: The congressional members of the *TEs shall be chosen on the basis of proportional representation fromthe political parties and party8list organi9ations.

'ris(iction:

1.0 *ach *T shall be the sole jdge of all "


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Iss'es rear(in the Electoral Tri-'nals:

1.0 ,ince the *TEs are independent constittional bodies independent even of the Dose from which themembers are respectively ta@en neither "ongress nor the "orts may interfere with procedral mattersrelating to the fnctions of the *TEs sch as the setting of deadlines or filing their election contests with therespective *Ts.

2.0 The *Ts being independent bodies its members may not be arbitrarily removed from their positions in thetribnal by the parties which they represent. )either may they be removed for not voting according to partylines since they are acting independently of "ongress.

3.0 The mere fact that the members of either the ,enate or the Dose sitting on the *T are those which aresoght to be dis5alified de to the filing of an election contest against them does not warrant all of themfrom being dis5alified from sitting in the *T. The "onstittion is 5ite clear that the *T mst act with bothmembers from the ," and from the ,enate or the Dose. %f all the legislator8members of the *T were tobe dis5alified the *T wold not be able to flfill its constittional fnctions.

!.0 Fdicial review of decisions of the *Ts may be had with the ," only insofar as the decision or resoltionwas rendered withot or in e7cess of jrisdiction or with grave abse of discretion constitting denial of de

process.

Section +@: THE CO99ISSION ON A$$OINT9ENTS

Co*position:

1.0 ,enate President as e78officio chairman#2.0 12 ,enators# and3.0 12 ?embers of the Dose.

)ote: The 12 ,enators and 12 'epresentatives are elected on the basis of proportional representation from the

political parties and party8list organi9ations.

otin8Action

1.0 The chairman shall only vote in case of a tie.2.0 The "A shall act on all appointments within 3 session days from their sbmission to "ongress.3.0 The "ommission shall rle by a majority vote of all the ?embers.

'ris(iction

1.0 "A shall confirm the appointments by the President with respect to the following positions:

a. Deads of the *7ective Bepartments -e7cept if it is the >ice8President who is appointed to the post0.b. Ambassadors other pblic ministers or consls.c.


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2.0 "ongress "A))


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2. The rights of persons appearing in or affected by sch in5iries shall be respected. *7. The right againstself8incrimination.

Appearance -% (epart*ent hea(s -efore Conress:

1. ,ince members of the e7ective department are co8e5als with those of the legislative department nderthe principle of separations of powers department heads cannot be compelled to appear before"ongress. )either may the department heads impose their appearance pon "ongress.

2. Bepartment heads may appear before "ongress in the following instances:

a. Cpon their own initiative with the consent of the President -and that of the Dose concerned0# or

b. Cpon the re5est of either Dose -which cannot compel them to attend0

3. The appearance will be condcted in *G*"CT%>* ,*,,%oting separately

E*erenc% po#ers:

1. Bring times of war or other national emergency "ongress may 4= +AW athori9e the President toe7ercise powers necessary and proper to carry ot a declared national policy.

2. +imitations:a. Powers will be e7ercised for a limited period only# andb. Powers will be sbject to restrictions prescribed by "ongress

3. *7piration of emergency powersa. 4y resoltion of "ongress or b. Cpon the ne7t adjornment of "ongress

Sections 1;?1>2 7G?7+ LE0ISLATION

Bills that *'st oriinate fro* the Ho'se of Representati"es .Section 1;/

CODE: A R T $' Lo $

1. Appropriation bills2. Revene bills3. Tariff bills!. 4ills athori9ing the increase of p'blic debt$. 4ills of local application&. $rivate bills

)ote: The ,enate may however propose or concr with amendments.


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Appropriation -ills

1. The primary and specific aim of an appropriation bill is to appropriate a sm of money from the pblictreasry.

2. Ths a bill enacting the bdget is an appropriations bill.

3. 4CT: A bill creating a new office and appropriating fnds therefor is )


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f. Biscretionary fnds appropriated for particlar officials shall be:i. Bisbrsed only for pblic prposes#ii. ,hold be spported by appropriate vochers# andiii. ,bject to gidelines as may be prescribed by law.

g. %f "ongress fails to pass eneral Appropriations 4ill -A40 by the end of any fiscal year:

i. The A4 for the previos year is deemed reenacted

ii. %t will remain in fll force and effect ntil the A4 is passed by "ongress.

2. (or law granting ta7 e7emption

%t shold be passed with the concrrence of a ?AFote shall be ta@en immediatelythereafter and the yeas and nays entered in the jornal.

eto po#er of $resi(ent:

1. *very bill in order to become a law mst be presented to and signed by the President.

2. %f the President does not approve of the bill he shall veto the same and retrn it with his objections to theDose from which it originated. The Dose shall enter the objections in the Fornal and proceed toreconsider it.

3. The President mst commnicate his decision to veto within 3 days from the date of receipt thereof. %f hefails to do so the bill shall become a law as if he signed it.

!. This rle eliminates the poc@et vetoE whereby the President wold simply refse to act on the bill.


41/98

$. To *''%B* the veto at least 2K3 of A++ the members of each Dose mst agree to pass the bill. %nsch case the veto is overriden and becomes a law withot need of presidential approval.

&. %tem veto

a. The President may veto particlar items in an appropriation revene or tariff bill.

b. This veto will not affect items to which he does not object.

c. Befinition of item

TY$E OF BILL ITE91. 'eveneKta7 bill ,bject of the ta7 and the ta7 rate imposed thereon2. Appropriations bill %ndivisible sm dedicated to a stated prpose

d. >eto of '%B*'

1. A rider is a provision which does not relate to a particlar appropriation stated in the bill.2. ,ince it is an invalid provision nder ,ection 2$-20 the President may veto it as an item.

Specific li*itations on leislation

1. )o law shall be enacted increasing the ,preme "ortEs appellate jrisdiction withot the ,"Es advice andconcrrence.

2. )o law shall be enacted granting titles of royalty or nobility.

Section 1@, $OER TO TA

Li*itations:

10 The rle of ta7ation shold be C)%(


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10 The following properties are e7empt from '*A+ P'


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Section 71, INITIATIE AND REFEREND9

10 Throgh the system of initiative and referendm the people can directly propose and enact laws oapprove or reject any act or law or part thereof passed by the "ongress or local legislative body.

20 'e5ired Petition

a0 ,hold be signed by at least 1Q of the total nmber of registered votersb0 *very legislative district shold be represented by at least 3Q of the registered votersc0 Petition shold be registered

ARTICLE II, THE EECTIE DE$ART9ENT

Section +, EECTIE $OER

Scope:

10 *7ective power is vested in the President of the Philippines.

20 The scope of this power is set forth in Art. >%% of the "onstittion. 4t this power is not limited to those seforth therein. The ," in ?arcos v. ?anglaps referred to the '*,%BCA+ powers of the President as the"hief *7ective of the contry which powers inclde others not set forth in the "onstittion. *GA?P+*The President is immne from sit and criminal prosection while he is in office.

30 Privilege of immnity from sit is personal to the President and may be invo@ed by him alone. %t may alsobe waived by the President as when he himself files sit.

!0 4CT The President "A))


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30 )ot later than 3 days after the day of the election the certificates shall be opened in the presence of bothhoses of "ongress assembled in joint pblic session.

!0 The "ongress after determining the athenticity and de e7ection of the certificates shall canvass thevotes.

$0 The person receiving the highest nmber of votes shall be proclaimed elected.

&0 %n case of a tie between 2 or more candidates one shall be chosen by a majority of A++ the members ofboth Doses voting separately. %n case this reslts in a deadloc@ the ,enate President shall be the actingPresident ntil the deadloc@ is bro@en.

0 The ,preme "ort en banc shall act as the sole jdge over all contests relating to the election retrnsand 5alifications of the President or >ice8President and may promlgate its rles for the prpose.

Ter* of Office

+/ $resi(ent

a0 & years beginning at noon on 3 Fne immediately following the election and ending at noon on the

same day & years later.

b0 Term limitation: ,ingle term only# not eligible for any reelection.

c0 Any person who has scceeded as President and served as sch for more than ! years shall )olntary rennciation of the office for any length of time is )ice8President was elected.

Section =, SALARIES AND E9OL9ENTS

10 P8elect will be Acting President ntilsomeone is 5alifiedKchosen as President.


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President8elect dies or is permanentlydisabled.

>P becomes President.

4oth President and >P8elect are notchosen or do not 5alify or both die orboth become permanently disabled.

1. ,enate President or 2. %n case of his inability the ,pea@er of

the Dose shall act as President ntil aPresident or a >P shall have beenchosen and 5alified.

%n case of death or disability of -10 and -20

"ongress shall determine by law who willbe the acting President.

2. >acancies after the office is initially filled:

>A"A)"= ,C""*,,


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a0 4y the President himself when he sends a written declaration to the ,enate President and the,pea@er of the Dose. %n this case the >ice8President will be Acting President ntil the Presidenttransmits a written declaration to the contrary.

b0 When a majority of the "abinet members transmit to the ,enate President and the ,pea@er theirwritten declaration.

-i0 The >P will immediately be Acting President.

-ii0 4CT: %f the President transmits a written declaration that he is not disabled he reassmeshis position

-iii0 %f within $ days after the President re8assmes his position the majority of the "abineretransmits their written declaration "ongress shall decide the isse. %n this event"ongress shall reconvene within ! hors if it is not in session withot need of a call.

-iv0 Within 1 days after "ongress is re5ired to assemble or 12 days if "ongress is not insession a 2K3 majority of both Doses voting separately is needed to find the Presidenttemporarily disabled in which case the >P will be Acting President.

&0 Presidential %llness:

a0 %f the President is seriosly ill the pblic mst be informed thereof.

b0 *ven dring sch illness the )ational ,ecrity Adviser the ,ecretary of (oreign Affairs and the"hief of ,taff of the A(P are entitled to access to the President

Section +7, DISJALIFICATIONS

,C4F*"T ,


47/98

applicable to appointive and elective officers nder Art. %G84 ,ec. .

,poses and !th degreerelatives of the President-consanginity or affinity0

"annot be appointed dring PresidentEs tenre as:

1. ?embers of the "onstittional "ommissions#2.


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b0 "ongress may by law vest the appointment of other officers lower in ran@ in the President alone orin the corts or in the heads of departments agencies boards or commissions.

c0 4CT : "ongress cannot by law re5ire "A confirmation of the appointment of other officers foroffices created sbse5ent to the 1/ "onstittion -e.g. )+'" "ommissioners 4ang@o ,entraovernor0.

d0 A+,olntary sbmission by the President to the "A for confirmation of an appointment which

is not re5ired to be confirmed does not vest the "A with jrisdiction. The President cannot e7tendthe scope of the "AEs power as provided for in the "onstittion.

$roce('re:

10 "A confirmation needed:

a0 )omination by Presidentb0 "onfirmation by "Ac0 Appointment by President# andd0 Acceptance by appointee.

)ote: At any time before all for steps have been complied with the President can withdraw thenominationKappointment.

20 )o "A confirmation:

a0 Appointment# andb0 Acceptance.

)ote:


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b0 To fill *G*"CT%>* P


50/98

Section +@, CO99ANDER?IN?CHIEF $OERS

Scope:

10 The President is the "ommander8in8"hief of the Armed (orces.

20 Whenever necessary the President may call ot the A(P to P'*>*)T or ,CPP'*,,:

a0 +awless violence#b0 %nvasion# or c0 'ebellion.

30 The President may also:

a0 ,spend the privilege of the writ of habeas corps# andb0 Proclaim a state of martial law.

S'spension of the pri"ilee of the #rit of ha-eas corp's an( (eclarin *artial la#M

1. ronds

a. %nvasion or b. 'ebellion# andc. Pblic safety re5ires it.

2. The invasion or rebellion mst be A"TCA+ and not merely imminent.

3. +imitations:

a. ,spension or proclamation is effective for only & days.

b. Within ! hors from the declaration or sspension the President mst sbmit a report to"ongress.

c. "ongress by majority vote and voting jointly may revo@e the same and the President cannot setaside the revocation.

d. %n the same manner at the PresidentEs initiative "ongress can e7tend the same for a perioddetermined by "ongress if:

i. %nvasion or rebellion persist andii. Pblic safety re5ires it.

)


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i. ,spend the operation of the "onstittion.ii. ,pplant the fnctioning of the civil corts or legislative assemblies.iii. Athori9e conferment of jrisdiction on military corts over civilians where civil corts areable to fnction andiv. Atomatically sspend the privilege of the writ.

g. ,spension of privilege of the writ:

i. Applies


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A*nest%:

1.0 An act of grace concrred in by "ongress sally e7tended to grops of persons who commit politicaoffenses which pts into oblivion the offense itself.

2.0 President alone "A))


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!. %n order that corts may e7ercise this power there mst e7ist the following:

a. An actal controversy with legally demandable and enforceable rights#b. %nvolving real parties in interest#c. The e7ercise of sch power will bind the parties by virte of the cortEs application of e7isting laws.

$. Fdicial power cannot be e7ercised in vacm. Withot any laws from which rights arise and which are

violated there can be no recorse to the corts.

&. The corts cannot be as@ed for advisory opinions.

. Fdicial power incldes:

a. The dty of the corts to settle actal controversies involving rights which are legally demandableand enforceable# and

b. To determine whether or not there has been a grave abse of discretion amonting to lac@ oe7cess of jrisdiction on the part of any branch or instrmentality of the government.

$olitical J'estions:

1. A political 5estionE is one the resoltion of which has been vested by the "onstittion e7clsively in eithethe people in the e7ercise of their sovereign capacity or in which fll discretionary athority has beendelegated to a co8e5al branch of the overnment.

2. Ths while corts can determine 5estions of legality with respect to governmental action they cannoreview government policy and the wisdom thereof for these 5estions have been vested by the"onstittion in the *7ective and +egislative Bepartments.

SEC, 1, ROLES OF CON0RESS

1. Befining enforceable and demandable rights and prescribing remedies for violations of sch rights# and2. Betermining the cort with jrisdiction to hear and decide controversies or disptes arising from legal rights.3. Ths "ongress has the power to define prescribe and apportion the jrisdiction of varios corts.!. 4CT "ongress cannot deprive the ,preme "ort of its jrisdiction over cases provided for in the

"onstittion.$. "reation and abolition of corts:

a. The power to create corts implies the power to abolish and even re8organi9e corts.b. 4CT this power cannot be e7ercised in a manner which wold ndermine the secrity of tenre

of the jdiciary.c. %f the abolitionKre8organi9ation is done in good faith and not for political or personal reasons

then it is >A+%B. -same rle applies for civil servants0

SEC, 7, FISCAL ATONO9Y

1. The entire jdiciary shall enjoy fiscal atonomy.2. Annal appropriations for the jdiciary cannot be redced below the amont appropriated for the previos

year.3.


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SECS, ;?>M +1 DICIARY

Co*position of the S'pre*e Co'rt:

1. "hief Fstice and2. 1! Associate Fstices

)ote: ?embers of the ,preme "ort and of other corts established by law shall not be designated to any

agency performing 5asi8jdicial or administrative fnctions.

J'alifications of *e*-ers of the SC:

1. )atral born citi9en of the Philippines2. At least ! years old3. At least 1$ years of e7perience as a jdge or in the practice of law in the Philippines!. Person of proven competence integrity probity and independence.

J'alifications of *e*-ers of lo#er colleiate co'rts .CA2 CTA2 San(ian-a%an/

1. )atral born citi9en of the Philippines

2. ?ember of the Philippine bar 3. Possesses other 5alifications prescribed by "ongress!. Person of proven competence integrity probity and independence.

J'alifications of &'(es of lo#er non?colleiate co'rts:

1. "iti9en of the Philippines -may be a natrali9ed citi9en02. ?ember of the Philippine 4ar 3. Possesses other 5alifications prescribed by "ongress!. Person of proven competence integrity probity and independence.

Section @, DICIAL AND BAR CONCIL

1. The Fdicial and 4ar "oncil is nder the spervision of the ,".

A. %s nder the spervision of the ,preme "ort and is composed of:1. "hief Fstice as e78officio chairman2. ,ecretary of Fstice as an e78officio member 3. 'epresentative of "ongress as an e78officio member !. 'epresentative of the %ntegrated 4ar $. A professor of law&. A retired member of the ,"# and. Private sector representative

Note: The last for re the reglar members of the F4". 'eglar members are appointed by the President with"A approval. 'eglar members serve for ! years with staggered terms.

4. (nctions of F4"

1. Principal fnction: recommend appointees to the Fdiciary2. *7ercise sch other fnctions as the ," may assign to it.

". Appointments to the Fdiciary


56/98

1. President shall appoint from a list of at least 3 nominees for each vacancy as prepared bythe F4".

2. )o "A confirmation is needed for appointments to the Fdiciary.3. >acancies in ," shold be filled within / days from the occrrence of the vacancy.!. >acancies in lower corts shold be filled within / days from sbmission to the President o

the F4" list.

SEC, +G, SALARIES

1. ,alaries of ," Fstices and jdges of lower corts shall be fi7ed by law.2. "annot be decreased dring their continance in office bt can be increased.3. ?embers of the Fdiciary are )


57/98

c. ice8President.

Cases hear( -% (i"ision

1. ?st be decided with the concrrence of a majority of the members who too@ part in the deliberations andvoted thereon.

2. ?ajority vote in a division shold be at least 3 members.

$o#ers of the SC

1. ," has


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)ote: Temporary assignment shall not e7ceed & months withot the consent of the jdge concerned.

!.


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1. Prior to the declaration that a particlar law is nconstittional it is considered as an operative factE whichat that time had to be complied with.

2. Ths vested rights may have been ac5ired nder sch law before it was declared nconstittional.3. These rights are not prejdiced by the sbse5ent declaration that the law is nconstittional.

SEC, +;, DECISIONS

1. Becisions ?C,T state clearly and distinctly the facts and the law on which it is based.2. 'efsal to give de corse to petitions for review and motions for reconsideration mst state the legal basis

for sch refsal.3. ?emorandm decisions where the appellate cort adopts the findings of fact and law of the lower cort

are allowed as long as the decision adopted by reference is attached to the ?emorandm for easyreference.

!. These rles only apply to corts. They do not apply to 5asi8jdicial or administrative bodies nor to militarytribnals.

ARTICLE I – THE CONSTITTIONAL CO99ISSIONS

Section +, Constit'tional Co**issions

In(epen(ent Constit'tional Co**issions:

10 "ivil ,ervice "ommission -","020 "ommission on *lections -"


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Note3 The %%% ,ec. $-$0 e7ercise the power to disapprove rles of Ospecial cortsand 5asi8jdicial bodies.Ob0. %n proceedings before the "ommissions the rles of the "ommission prevail.

c0. %n proceedings before a cort the 'les of "ort prevail.d0. The ," may however in appropriate cases e7ercise FCB%"%A+ '*>%*W

Section >, DECISION 9A4IN08A$$EAL

Decision?9ain:

10 *ach commission shall decide matter or cases by a majority vote of all the members within & days fromsbmission.

"


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THE CIIL SERICE CO99ISSION

Section +, CO9$OSITION8JALIFICATIONS8TER9

Co*position:

10 "hairman20 "ommissioners 6 2 commissioners

J'alifications:

10 )atral8born citi9ens of the Philippines#20 At least 3$ years old at the time of their appointments#30 With proven capacity for pblic administration# and!0 )


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a0 Policy8determining 8 formlate a method of action for the govStb0 Primarily confidential 8 more than ordinary confidence# close intimacy insres freedom o

intercorse withot betrayals of personal trst... c0 Dighly technical 8 re5ires technical s@ill to a sperior degree.

". The T*,T to determine whether nonKcompetitive is the )atre of the responsibilities )


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a0. Primarily confidential officers and employees hold office only for so long as confidence in themremains.

b0. %f there is *)C%)* loss of confidence there is no removal bt the e7piration of the term of officec0. )on8career service officers and employees do not enjoy secrity of tenre.

d0. Political appointees in the foreign service possess tenre coterminos with that of the appointingathority or sbject to his pleasre.

!0 A+%B+= APP


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*7amples:

The >ice President may be appointed "abinet member

"ongressman may sit in the Fdicial and 4ar "oncil

c0. To be eligible to hold any other office the elected official mst first resign his office d0. *ven "ongress cannot by law athori9e the appointment of an elective official.

30. Appointive officials

a0. "annot hold any other office or employment in the government any sbdivision agencyinstrmentality inclding %%

,ec. 13. They are governed by the stricter prohibitions contained therein.

Section @, CO9$ENSATION

10 Prohibitions: applies to elected or appointed officers and employees

"annot receive: A. Additional 8 an e7tra reward given for the same office i.e. bons4. Boble 8 when an officer is given 2 sets of compensation for 2 different offices held

concrrently by 1 officer ". %ndirect "ompensation

20 *G"*PT%


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$0 ?ajority of the "ommission inclding the "hairman mst be:a0. ?embers of the Philippines 4ar b0. *ngaged in the practice of law for at least 1 years: Iany activity in or ot of cort which re5ires

the application of law legal procedre @nowledge training and e7perience.J&0 Appointments sbject to "A approval

Ter*:

10 "hairman 8 yrs# 3 ?embers 8 yrs# 2 ?embers 8 $ yrs# 1 ?ember 8 3 yrs.20 +%?%TAT%


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*. The "


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/0 ,bmit to the President and the congress a comprehensive report on the condct of each electionplebiscite initiative referendm or recall.

Section 7, RLES OF $ROCEDRE8DECISION?9A4IN0

R'les of $roce('re

10 "


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20. Power of "


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Section ++, FNDIN0

Ho# pro"i(e(

10 (nds certified by the "


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". %nclding


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4. There is a contract made by the proper officer entered into in conformity with the above8mentionedlaw#

". The goods or services covered by sch contract have been delivered or rendered in prsance tosch contract as attested by the proper officer# and

B. Payment has been athori9ed by officials of the corresponding department or brea.

&0 Prosectors may still review acconts already settled and approved by "


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A. rond: Cnmanageable pblic section deficit4. President can ma@e the necessary adjstments in the %'A pon the recommendation of the

following:

1. Bepartment of (inance ,ecretary2. B%+ ,ecretary3. B4? ,ecretary

&0 %'A considered for prposes of conversion from one political sbdivision to the ne7t. -Alvare9 v. ingona0

Section >, SHARE OF L0S IN NATIONAL EALTH

Share of L0s in national #ealth

10 +Cs are entitled to an e5itable share in the proceeds of the tili9ation and development of the nationawealth within their respective areas in the manner provided by law.

20 This incldes share the same with the inhabitants by way of direct benefits.

n(er the L0C

10 +Cs have a share of !Q of the gross collection derived by the national government from the precedingfiscal year from

A. ?ining ta7es4. 'oyalties". (orestry and fishery chargesB. olntary rennciation of office for any length of time shall not be considered as an interrption in the

continity of his service for the fll term for which he was elected.

SEC, , SECTORAL RE$RESENTATION IN L0S

Leislati"e -o(ies of the local o"ern*ents shall ha"e Sectoral Representation .'n(er the L0C/ as*a% -e pro"i(e( -% la#

There shold be representatives from:

10 The womenEs sector 20 The wor@ers30 Third sector -can choose from any of the following0


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A0 Crban poor 40 %ndigenos cltral commnities"0 Bisabled personsB0 Any other sector as may be determined by the sanggnian

Election of Sector Representati"es

SEC, +G, Creation2 a-olition an( (i"ision of L0s

;8 "e,isites

A. "ompliance with the re5irements of the +ocal overnment "ode# and4. Approved by a majority of the votes cast in a plebiscite held in the political nits B%'*"T+=

affected.

20 Ths a province is spposed to be divided into 2 separate provinces plebiscite will inclde voters of the*)T%'* province and not jst the area to comprise the new province.

30 +" re5irements relate to matters sch as poplation revene and area re5irements.

Sec, ++, 9etropolitan political s'-(i"isions

Creation:

10 "ongress may create special metropolitan political sbdivisions by law.20 %t is sbject to a plebiscite

'ris(iction of 9etropolitan a'thorit%%t is limited to basic services re5iring coordination.

Basic A'tono*% of Co*ponent Cities an( 9'nicipalities

10 The component cities and mnicipalities retain their basic atonomy20 They shall be entitled to their own local e7ective and legislative assemblies.

SEC, +1, CITIES

Classification of Cities:

10 Dighly rbani9ed -as determined by law020 "omponent cities -cities still nder provincial control0# and30 %ndependent component cities -non8highly rbani9ed cities whose voters are prohibited by thecity charter

from voting in provincial elections0

In(epen(ence fro* the $ro"ince

10 Dighly rbani9ed cities and independent component cities are independent of the province.20 "omponent cities whose charter contain no sch prohibition are still nder the control of the province and

its voters may still vote for elective provincial officials.


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Section +7, Coor(ination a*on L0S

Consoli(ation an( Coor(ination of Efforts2 Ser"ices an( Reso'rces

10 %t is optional on the part of +Cs as shown by the se of the word ImayJ20 %t can be done for prposes commonly beneficial to them in accordance with the law.

n(er L0C .Section 77/

10 "onsolidation and coordination may be done throgh appropriate ordinances.20 A pblic hearing shold be condcted and the approval of the sanggnian obtained.30 An +C can:

A. "ontribte fnds real estate e5ipment and other @inds of property4. AppointKassign personnel nder sch terms and conditions as may be agreed pon by the

participating +Cs throgh ?emoranda of Agreement.

Section +;, RE0IONAL DEELO$9ENT CONCILS

ho can pro"i(e for RDCThe President shall provide for 'B" or other similar bodies composed of:

Co*position

10 +ocal government officials20 'egional heads of departments and other government offices30 'epresentatives of )


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10 Provided by law.20 *((*"T%>%T= of sch creation occrs only when it is approved by a majority of the votes cast in a

plebiscite held among the constitent nits.30


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Defense an( Sec'rit%%t shall be the responsibility of the national government.

ARTICLE I: ACCONTABILITY OF $BLIC OFFICERS

Section +: $BLIC OFFICE AS A $BLIC TRST

$'-lic officers an( e*plo%ees *'st at all ti*es -e acco'nta-le to the people2 ser"e the* #ith 't*ostresponsi-ilit%2 interit%2 lo%alt% an( efficienc%2 act #ith patriotis* an( &'stice an( lea( *o(est li"es,

Section 1: I9$EACH9ENT8RE9OAL FRO9 OFFICE

I*peach*ent: .as *eans of re*o"al fro* office/

+, ho *a% -e i*peache(:

President

>P," Fstices"onstittional "ommission members


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Ecl'si"e $o#er of Ho'se of Representati"es

The Dose of 'epresentatives has e7clsive power to %)%T%AT* all cases of impeachment.

$roce('re:

1. (illing of verified complaint

a. "an be filed by:

1. Any member of the Dose of 'epresentatives or 2. Any citi9en pon a resoltion of endorsement by any ?ember of the Dose or 3. 4y at least 1K3 of all the ?embers of the Dose of 'epresentatives

2.0 %nclsion of complaint in the order of bsiness with 1 session days3.0 'eferral to proper "ommittee within 3 session days thereafter !.0 ,bmission of "ommittee report to the Dose together with corresponding resoltion

a. There shold be a hearingb. There shold be a majority vote of the members

c. The report shold be sbmitted within & days from referral after hearing and by a majorityvote of A++ its members.

$.0 "alendaring of resoltion for consideration by the Dose,hold be done within 1 session days from receipt thereof

&.0 >ote of at least 1K3 of all ?embers of the Dose necessary to:

a. Affirm a favorable resoltion with the Articles of %mpeachment of the "ommittee or b. To override its contrary resoltion

)ote: %f the verified complaint or resoltion of impeachment was filed by at least 1K3 of all the ?embers of theDose it shall constitte the Articles of %mpeachment. Trial in the ,enate shall proceed.

.0 Trial in the ,enate

A. ,enate has the sole power to try and decide all cases of impeachment4. (or this prpose the ,enators shall be nder oath or affirmationa. When the President of the Philippines is on trial the "F of the ,preme "ort presides

Dowever heKshe will not vote.

.0 Fdgment of "onviction

This re5ires the concrrence of 2K3 of all the ?embers of the ,enate

/.0 *ffect of the %mpeachment

a. 'emoval from office of the official concernedb. Bis5alification to hold any office nder the 'epblic of the Philippinesc.


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,andiganbayan L the anti8graft cort

Sections


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Ran8Salaries:

1. The


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$.0 'e5est any government agency for assistance and information necessary in the discharge of itsresponsibilities and to e7amine if necessary pertinent records and docments.

&.0 Pblic matters covered by its investigation when circmstances so warrant and with de process

.0 Betermine the case of inefficiency red tape mismanagement frad and corrption in the government andma@e recommendations for their elimination and the observance of high standards of ethics and efficiency

.0 Promlgate its rles of procedre and e7ercise sch other powers or perform sch fnctions or dties asmay be provided by law

Note: The


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$.0 ?embers of ,preme "ort&.0 ?embers of "onstittional "ommissions.0 ice8President3.0 ?embers of the "abinet!.0 ?embers of "ongress$.0 Fstices of the ,preme "ort&.0 ?embers of "onstittional "ommissions.0


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2.0 %f Philippine citi9enship is one of the 5alifications to the office the loss of sch citi9enship means theloss of the office by the incmbent.

3.0 The *lection "ode provides the rles with respect to non8incmbents i.e. persons rnning for electiveoffices.

a. The "ode provides that permanent residents of or immigrant to a foreign contry cannot filecertificates of candidacy nless they e7pressly waive their stats as sch

This rennciation mst be some other than and prior to the filling of the certificate of candidacy.

ARTICLE II – NATIONAL ECONO9Y AND $ATRI9ONY

SEC, +, 0OALS OF THE NATIONAL ECONO9Y

Three?fol( oal:

1. ?ore e5itable distribtion of opportnities income and wealth#2. ,stained increase in the amont of goods and services prodced by the nation for the benefit of the

people# and3. *7panding prodctivity as the @ey to raising the 5ality of life for all.

The State shall pro*ote in('striali6ation an( f'll e*plo%*ent

1. %t shold be based on sond agricltral development and agrarian reform2. %t shold be throgh indstries that ma@e fll and efficient se of hman and natral resorces. %ndstriesshold also be competitive in both domestic and foreign mar@ets.

$rotection of Filipino enterprisesThe ,tate shall protect (ilipino enterprises against nfair foreign competition and trade practices.

Role of $ri"ate EnterprisesPrivate enterprises inclding corporations cooperatives and similar collective organi9ations shall be

encoraged to broaden the base of their ownership.

Section 1, RE0ALIAN DOCTRINE

Distinction -et#een I*peri'* an( Do*ini'*

1. %mperim overnment athority possessed by the ,tate which is appropriately embraced in sovereignty.

2. Bominima. The capacity of the ,tate to own and ac5ire property.b. %t refers to lands held by the government in a proprietary character: can provide for the

e7ploitation and se of lands and other natral resorces.

Scope:

The following are owned by the ,tate:

1. +ands of the pblic domain:


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Waters?inerals coals petrolem and other mineral oils#

All sorces of potential energy#(isheries#(orests or timber#Wildlife#(lora and fana# and


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Archipelagic watersTerritorial sea R**

2. The ,tate shall reserve its se and enjoyment e7clsively to (ilipino citi9ens.

Section 7, LANDS OF THE $BLIC DO9AIN ARE CLASSIFIED INTO

1. Agricltral2. (orestKtimber 3. ?ineral lands R!. )ational Par@s

Note31. "lassification of pblic lands is an e7clsive prerogative of the *7ective Bepartment throgh the


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4. Dere in possession since time immemorial presmption is that the land was never part of pblicdomain.

". %n compting 3 years start from when land was converted to alienable land not when it was stilforest land

B. Presmption is that land belongs to the ,tate.

Section ;, Conress shall2 as soon as possi-le2 (eter*ine -% la#2 the specific li*its of forest lan(s

an( national pars2 *arin clearl% their -o'n(aries on the ro'n(, Thereafter2 s'ch forest lan(s an(national pars shall -e conser"e( an( *a% not -e increase( or (i*inishe(2 ECE$T -% la#, Conressshall pro"i(e *eas'res to prohi-it loin in

a, En(anere( forest an(-, atershe( areas

for s'ch perio( as it *a% (eter*ine,

Section


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4. Aliens may be mortgages of land as long as they do not obtain possession thereof and do not bid inthe foreclosre sale.

$. +and tenre is not indispensable to the free e7ercise of religios profession and worship. A religioscorporation controlled by non8(ilipinos cannot ac5ire and own land even for religios prposes.

Re*e(ies to reco"er pri"ate lan(s fro* (is3'alifie( aliens:

1. *scheat proceedings2. Action for reversion nder the Pblic +and Act3. An action by the former (ilipino owner to recover the land

A. The former pari delicto principle has been abandoned4. Alien still has the title -didnEt pass it on to one who is 5alified0

Section +G, NATIONAL ECONO9Y AND $ATRI9ONY8INEST9ENTS

$o#er of Conress

1. "ongress pon the recommendation of )*BA can reserve to (ilipino citi9ens or to corporations or

associations at least &Q of whose capital is owned by sch citi9ens or sch higher percentage as"ongress may prescribe certain areas of investment. This may be done when the national interestdictates.

2. "ongress shall also enact measres to encorage the formation and operation of enterprises whose capitais wholly owned by (ilipinos.

National Econo*% an( $atri*on%

%n the grant of rights privileges and concessions covering the national economy and patrimony the ,tate shalgive preference to HCA+%(%*B (ilipinos.

Section ++, FRANCHISES FOR $BLIC TILITIES

$o#er to rant:

1. "ongress may directly grant a legislative franchise# or 2. Power to grant franchises may be delegated to appropriate reglatory agencies andKor +CEs

$'-lic 'tilit%

1. %n order to be considered as a pblic tility and ths sbject to this provision the nderta@ing mst involvedealing directly with the pblic.

2. Ths a 4ild8


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Ter*s an( con(itions:

1. Bration: )ot more than $ years2. (ranchise is )


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A"T%>%T= '*HC%'*?*)T, "%T%*),D%P A)BK


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La-or

,ection 3 of Article G%%% elaborates on the provision in Article %% by specifying who are protected by the"onstittion what rights are garanteed and what positive measres the state shold ta@e in order toenhance the welfare of labor.

&i1ht to or1ai2e ad to hold peacef-l cocerted activities

The right to organi9e is given to all @inds of wor@ers 4


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Riht to E('cation an( Aca(e*ic Free(o*

The right to edcation mst be read in conjnction with the academic freedom of schools to re5ire Ifairreasonable and e5itable admission re5irements.J

$o#er to Dis*iss St'(ents

10 ,chools have the power to dismiss stdents after de process for disciplinary reasons.

20 Acts committed otside the school may also be a grond for disciplinary action if:a0 %t involves violations of school policies connected to school8sponsored activities# or b0 The miscondct affects the stdentEs stats or the good name or reptation of the school.

Re'lation of Riht to E('cation

The right to edcation in particlar fields may be reglated by the ,tate in the e7ercise of its police powere'g' the ,tate may limit the right to enter medical school by re5iring the applicants to ta@e the )?AT.

Free E('cation

10 The ,tate shall maintain a system of free edcation in:

a0 *lementary level andb0 Digh school level.

20 *lementary edcation is complsory for all children of school age. Dowever this is a moral rather than alegal complsion.

E('cational Instit'tions

%. (ilipini9ation A.


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investment20 'e5ires an enabling statte30 rants endowments donations and contribtions actally directly and e7clsively sed foedcational prposes are e7empt from ta7es sbject to conditions prescribed by law.

%%%. Academic (reedom

A. *dcational %nstittions

,chools have the freedom to determine:10 Who may teach20 What may be taght30 Dow it shall be taght and!0 Who may be admitted to stdy.

4. (aclty members10 (ll freedom in research and in the pblication of the reslts sbject to the ade5ate performance oftheir other academic dties.20 (reedom in the classroom in discssing their sbjects bt they shold be carefl not to introdceinto their teaching controversial matter which has no relation to their sbjects.30 When faclty members spea@ or write in their capacity as citi9ens then they are free from

instittional censorship or discipline.

". ,tdentsThey have the right to enjoy in school the garantees of the 4ill of 'ights.

B. +imitations10 Bominant police power of the ,tate20 ,ocial interest of the commnity

*. 4dgetary Priority:10. *dcation mst be assigned the highest bdgetary priority.20. 4CT: This command is not absolte. "ongress is free to determine what shold be given bdgetary

priority in order to enable it to respond to the imperatives of national interest and for the attainment ofother state policies or objectives.

Reliio's E('cation in $'-lic Schools:

'eligion may be taght in pblic schools sbject to the following re5isites:10 *7press written option by parents and gardians#20 Taght within reglar class hors#30 %nstrctors are designated and approved by the proper religios athorities# and!0 W%TD


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ARTICLE I ? 0ENERAL $ROISIONS

Sections +?1, S%*-ols of Nationalit%

10 (lag

'ed white and ble.

With a sn and 3 stars

The design may be changed by constittional amendment.

20 "ongress may by law adopt a new:

-a0 )ame for the contry-b0 )ational anthem or -c0 )ational seal.

)ote: +aw will ta@e effect pon ratification by the people in a )AT%


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b0. C)+*,,: The contract is merely incidental to the performance of a governmental fnction.

20. The ,tate enters into an operation that is essentially a bsiness operation.

a0. C)+*,,: The operation is incidental to the performance of a governmental fnction -e.garrastre services0

b0. Ths when the ,tate condcts bsiness operations throgh a


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10 Amendment: an alteration of one or a few specific provisions of the "onstittion. %ts main prpose is toimprove specific provisions of the "onstittion. The changes broght abot by amendments will not affecthe other provisions of the "onstittion.

20 'evision: An e7amination of the entire "onstittion to determine how and to what e7tent it shold bealtered. A revision implies sbstantive change affecting the "onstittion as a whole.

Constit'ent po#er ", Leislati"e po#er

10 /onstitent po%er is the power to formlate a "onstittion or to propose amendments to or revisions of the"onstittion and to ratify sch proposal. Legislati&e po%er is the power to pass repeal or amend oordinary laws or stattes -as opposed to organic law0.

20 /onstitent po%er is e7ercised by "ongress -by special constittional conferment0 by a "onstittiona"onvention or "ommission by the people throgh initiative and referendm and ltimately by sovereignelectorate whereas legislati&e po%er is an ordinary power of "ongress and of the people also throghinitiative and referendm.

30 The e7ercise of constitent po%er does not need the approval of the "hief *7ective whereas the e7erciseof legislati&e po%er ordinarily needs the approval of the "hief *7ective e7cept when done by peoplethrogh initiative and referendm.

Three .7/ steps necessar% to i"e effect to a*en(*ents an( re"isions:

10 Proposal of amendments or revisions by the proper constitent assembly#20 ,bmission of the proposed amendments or revisions# and30 'atification.

$roposal of a*en(*ents:

Amendments may be proposed by:

A. "ongress acting as a constitent assembly by a 3K! vote of all its members.

The power of "ongress to propose amendments is )


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law.

". PeopleEs %nitiative

10 Petition to propose sch amendments mst be signed be at least 12Q of A++ registered voters.20 *very legislative district represented by at least 3Q of the registered voters therein.30 Limitation3

%t cannot be e7ercised oftener than once every $ years.

Note310 While the sbstance of the proposals made by each type of constitent assembly is not sbject to jdicia

review the manner the proposals are made is sbject to jdicial review.20 ,ince these constitent assemblies owe their e7istence to the "onstittion the corts may determine

whether the assembly has acted in accordance with the "onstittion

Memory aid for Philippine Constitution

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