Você está na página 1de 28

Constitutional Law 1 - Quickie Notes

PREAMBLE
Function: Not as source of rights but sets down the
origin, scope and purpose of the constitution. It aids in
ascertaining the meaning of ambiguous provisions in
the constitution.
Importance of "rule of law"
> expresses the concept that public officials only have
the authority given by them by law and their authority
only continues only with the consent of the people.
Ours is a rule of law and not of men.
ARTICLE I NATIONAL TERRITORY
Why contain such?
> It was seen that during the time of adoption of the
1935 constitution, there was the fear that the United
States will dismember the Philippine Territory, thus it
was believed that including the definition of the
National territory in the constitution will forestall such
dismemberment.
What is its scope?
1) The Philippine Archipelago
2) All other territories where the state exercise
sovereignty
3) All terrestrial, fluvial and aerial domains.
What is the Archipelagic Principle?
> Waters around, between and connecting the islands
are considered to be part of the states internal waters
irrespective of the their breadth and dimension.
> Straight baseline method of delineating the sea. This
consists of drawing straight lines connecting
appropriate points on the coast without departing to
any appreciable extent from the general direction of
the coast. This divides the internal waters from the
territorial waters.
ARTICLE II STATE POLICIES AND
PRINCIPLES
Function: Serves as a guide to the basic ideological
principles and policies that underlie the constitution.
They shed light to the meaning of other provisions in
the constitution.
STATE PRINCIPLES
Section 1
What is a state?
> its a community of persons who are permanently
occupying a definite portion of territory, independent
of external control and possessing an organized
government to which the great body of inhabitants
render habitual obedience.
> People, Territory, Sovereignty & Government.
Legal Sovereignty
> supreme power to affect legal interests either by
legislative, judicial or executive action.
Political Sovereignty
> sum total of all influence, legal or non-legal, that
dictate the course of law.
What are the functions of the state?
(Bacani vs. Nacoco)
> Constituent: compulsory functions which constitute
the very bonds of the society.
> Ministerial: optional functions of government.
Factors to consider in order to exercise such:
a) The private capital wont naturally
undertake it.
b) The govt is better equipped to administer.
Classifications according to legitimacy
> De Jure: one established under the authority of the
legitimate sovereign.
> De Facto: One which is not.
Kinds:
1) One by force or voice of majority
2) By invading military forces
3) By insurrections.
Was the Cory Aquino government De Jure?
> Yes. It was established by a legitimate sovereign,
the people.
The Interregnum (25 Feb 1986 to 24 March 1986)
> Bill of Rights under the 1973 Constitution was not
operative. Covenant on Civil and Political Rights and
the Universal Declaration where in effect under
international law.
Presidential Government
> based on the principle of separation of powers.
Where legislative power is given to the legislature
whose members holds office in a fixed term; the
executive power is given to a separate executive who
also holds a fixed term; and the judicial power given to
an independent Judiciary.
Why have separation of powers?
> this system is found on the belief that establishing
equilibrium among the other three powers of the
Dont ask for lighter rain.just bring a better umbrella. 1
Constitutional Law 1 - Quickie Notes
government will result to harmony since power is not
concentrated and thus will not result to tyranny.
Parliamentary Government
> Executive = Legislative
> Members of the majority will be the committee of
the legislature
> Pyramid structure = PM as peak
> Government enjoys power til supported by majority
> Control devices on both executive and legislative.
Dissolution and vote of non-confidence.
Republic State
> The government authority emanates from the people
and such is exercised by representatives of the people
Philippines as a Democratic State
> Not only republican but shares aspects of initiative
and referendum.
Constitutional Authoritarianism
> Practiced by the former President Marcos.
> includes the assumption of extraordinary powers
including legislative, judicial and constituent powers of
the President.
Note:
State = The entity
Government = institution where the state exercises
powers
Administration = people currently running the
institution.
Section 2
> talks about renunciation of war..the aggressive type
not defensive.(pretty simple)
Section 3
Principle of Civilian Supremacy
> The president, a civilian, is the commander-in-chief
of the armed forces.
Why have armed forces?
1) Secure the sovereignty of State
2) Preserve national territory
3) Protect the people
4) Aid other forces who needs assistance.
Section 4 - Serve and protect the people and the
government may call upon the people to
defend the state.
Section 5 - Maintenance of peace and order, the
protection of Life, Liberty and Property;
and promotion of general welfare.
Section 6 - Separation of church and state.
STATE POLICIES
Section 7
What principles must guide the government in
the conduct of the state's foreign relations?
> It must maintain an independent foreign policy that
secures the paramount consideration to:
1) national sovereignty
2) territorial integrity
3) national interest
4) self-determination.
Section 8
Policy on nuclear weapons
> this policy includes the prohibition on not only the
use, possession, control and manufacture of nuclear
weapons but also nuclear arms tests.
Exception: Peaceful use of nuclear energy.
Section 9 - Promotion of prosperity and independence
and freedom from poverty.
Section 10
What is social justice?
> the equalization of economic, political, and social
opportunities with special emphasis on the duty of the
state to tilt the balance of social forces by favoring the
disadvantaged in life.
Section 11 - Value the Dignity of every person and
guarantee full respect for human
rights.
Section 12 - Recognize the sanctity of the family, and
equally protect the life of the mother
the unborn from conception, full
development of youth.
Section 13 - Vital role of the youth and their full
development
Note:
Parens Patriae = the state can intervene where parents
seem to fail their responsibilities to
their children.
Dont ask for lighter rain.just bring a better umbrella. 2
Constitutional Law 1 - Quickie Notes
Section 14 - Recognition of the role of women
What for?
> to give impetus to the removal of existing
inequalities and to ignore sex where sex is not a
relevant factor.
Section 15 - protect and promote the right to health
and instill health consciousness.
Section 16 - protect and advance the right for a
healthful ecology in accord with the
harmony with nature.
See: LLDA vs. CA (laguna lake proper waste
disposal case)
Section 17 - priority to holistic education, patriotism,
social progress and human
liberation.
Section 18 - affirm labor as primary social economic
force
Section 19 - develop self-reliant national economy
Section 20 - indispensable role of the private sector
Section 21 - promote comprehensive rural
development and agrarian reform
Section 22 - promote the rights of indigenous
cultural communities
Section 23 - encourage non-governmental
community-based organizations to
promote welfare of the nation.
Section 24 - vital role of communication and
information
Section 25 - ensure the autonomy of local
governments
Section 26 - guarantee equal access to opportunities
in PUBLIC service and prohibit
political dynasties.
Note:
> this section is NOT self-executory.
> provides for equalization of political
opportunities
Section 27 - maintain honesty and integrity in public
service and take measures against
graft and corruption.
Section 28 - Full public disclosure of all its
transactions involving public
interest.
ARTICLE VI - LEGISLATIVE DEPARTMENT
Section 1 - legislative power vested on congress
What is legislative power?
> authority to make laws and to alter or repeal them.
Advantages of Bicameralism
1) National perspective to check the parochial
tendency of representatives
2) More careful study of legislation
3) Less susceptible to control of the Executive
4) Training ground for national leaders
Kind of legislative power
> Original: possessed by the people.
> Derivative: been delegated by the people to
legislative bodies.
or
> Constituent: power to amend or revise the
Constitution.
> Ordinary: power to pass ordinary laws.
Limits on legislative power?
> Substantive: curtail the contents of law.
> Procedural: curtail the manner of passing laws.
May the Congress delegate its legislative
powers?
> NO.
Exception:
a) Delegation to local governments
b) Constitution itself in specific instances
See pages 227 to 230 of the Bernas primer for practice
on proper delegation.
May the IRR's of Admin. Agencies have the force
of penal laws?
> YES. As long the ff. conditions occur:
a) The delegating statute authorizes the
promulgation of penal regulations.
Dont ask for lighter rain.just bring a better umbrella. 3
Constitutional Law 1 - Quickie Notes
b) The penalty must not be left to the admin.
Agency but must be provided by the statute
itself.
Section 2 - 24 Senators, elected at large, comprise
the senate
Section 3 - Qualifications to be Senator
What are the Qualifications?
1) Natural Born Citizen (NBC)
2) At least 35 yrs. Old @ election day
3) Literate
4) Registered voter
5) Resident (at least 2 years preceding the
elections-2 years residence rule.)
Section 4 - Term and Service
Term: 6 years
Starting 30 June following elections
CANNOT serve 2 CONSECUTIVE terms
Section 5 - The House of Representatives
1) Not more than 250, UNLESS provided by law.
2) Legislative districts and party-list
3) Representative: at least 250,000 residents or
each province shall be entitled to ONE
representative regardless of population
Classifications of Representatives
1) District: one represents one congressional
district.
2) Party-list: elected through party list system
3) Sectoral: existed only until 1998
PARTY LIST SYSTEM
Reason: democratize political power by
encouragement of the growth of the party-list system.
What parties may apply? (MAC PRN)
1) the party must represent the Marginalized and
underrepresented.
2) Must not be Adjunct of or assisted by the
government
3) The nominee must be able to Contribute to the
formulation and enactment of legislation.
4) P olitical parties complying to this policy
5) Nominees must comply with the Requirements
of law
6) N ot disqualified by RA 7941 (proportional
representation)
What parties are disqualified? (V12 SURF)
1) V iolates or fails to comply with laws and
regulations relating to elections
2) Ceased to exist for at least 1 year.
3) Fails to participate in the last 2 preceding
elections or fails to obtain 2 percent of the
votes cast in the party list system in the 2
preceding elections.
4) Receives Support from Foreign Entity/ies
5) Declares Untruthful statements in its petition
6) R eligious Denomination with Religious purpose
7) F oreign parties/organization.
Qualifications of a Nominee
1) NBC
2) Registered voter
3) 1 year residence rule
4) Literate
5) Bona fide member of the party he seeks to
represent for at least 90 days preceding the
election
6) At least 25 years old @ election day
** youth sector: 25-30 yrs.
How are Representative Districts apportioned?
> Each legislative district shall comprise, as far as
practicable, contiguous, compact and adjacent
territory.
> Each city with a population of 250,000
> Each province, regardless of population, shall have a
representative.
Note:
1) The COMELEC has no authority to correct
imbalance by the transfer of municipalities
from one district to another.
(Montejo vs. COMELEC)
2) The splitting of a province due to a district
conversion to a city need not be preceded by
census. This incidental effect is deemed
implicitly contained in the title of the creation
bill.
(Mariano Jr. vs. COMELEC)
Gerrymandering
> The formulation of one legislative district out of
separate territories for the purpose of favoring a
candidate or a party.
> NOT ALLOWED. Since the Constitution says that
each district shall comprise as far as practicable,
contiguous, compact and adjacent territory.
Dont ask for lighter rain.just bring a better umbrella. 4
Constitutional Law 1 - Quickie Notes
Section 6 - Qualifications of Members of HoR
Qualifications:
1) NBC
2) At least 25 years old @ election date
3) Literate
4) Registered voter of district representing
5) 1 year residence rule
Note:
1) A persons domicile once established is
considered to continue and will not be deemed
lost until a new one is established.
a. Animus Manendi: Actual change/
move.
b. Animus Non Revertendi: total
abandonment of previous.
(Domino vs. COMELEC)
Section 7 - Term of the Members of the HoR
1) 3 years
2) Not more than 3 consecutive terms
3) Starts 30 June following the election
4) His voluntary renunciation is not an
interruption to the continuity of his term.
Is the ipso facto resignation theory still in effect?
> NO. It is now repealed by the Fair Elections law.
Doctrinated in the Farinas, et. Al. vs. Executive
Secretary case.
Note:
Term = entitle period
Tenure = held period
Section 8 - regular elections for congress shall be on
the 2
nd
Monday of May
Section 9 - Vacancy in congress is filled up by a
special election and whoever thus elected
shall serve only the unexpired portion
thereof.
Is the filling up of the seat mandatory?
> NO. It will be based upon the discretion of Congress.
Section 10 - Salaries of Congressmen shall be
determined by law. Increases will take
effect after expiration of the term of
the ones who approved of such.
How much is their salary?
> 204,000 per year. (17k / mo.)
May other emoluments be increased?
> Strict compliance to the words of the law will direct
us to the understanding that increases in the
immediate compensation is prohibited, meaning
salaries. HOWEVER, in the PHILCONSA vs. Mathay case,
the absolute ban was said to encompass any form of
direct or indirect increase to salary.
Note:
There are moral limits on travel allowance of
Congressmen since the COA will audit them anyway.
Section 11 - Any member of Congress, while in
session, shall be privileged from arrest
by offenses punishable by not more
than 6 years imprisonment. This
speaks about Parliamentary Privilege of
speech.
What is the Parliamentary privilege of speech?
> "No member shall be questioned nor be held liable in
any other place for any speech or debate in the
congress or in any committee thereof
Does the privilege extend to their agents?
> YES. As long as the agency consists precisely in
assisting the legislator in the performance of legislative
action.
Section 12 - congressmen shall make a full disclosure
of their financial and business
interests. They shall notify the House
concerned If there shall be conflict of
interest that may arise from filing of
a proposed legislation.
Section 13 - no congressman may hold any other
office or employment. Neither shall be
appointed to any office which may have
been created or the emoluments thereof
increased during the term
Section 14 - no congressman may appear as counsel
before any court or tribunal. Neither
shall he, directly or indirectly, be
interested financially in any contract
with the government
Note:
(Puyat vs. De Guzman, Jr.)
Dont ask for lighter rain.just bring a better umbrella. 5
Constitutional Law 1 - Quickie Notes
> A ruling upholding the intervention would make the
constitutional provision ineffective. Since all they need
to do is buy some shares and invoke their intervention.
Section 15 - Congress convenes 4
th
Monday of June
for its regular sessions any time before
30 days of the next regular session.
Section 16 - Election of officers through majority of
ALL its members.
- Majority is the quorum and they have the
power to summon those absent and
penalize them.
- 2/3 of the WHOLE house needed to
SUSPEND or EXPEL a member
-Each house keeps a Journal containing the
yeas and nays asked by 1/5 of the
members present to be entered into
it. And facts be published unless affects
national security.
- no house shall adjourn for more than 3
days nor to any other place than that
in which the two houses shall be sitting
without the consent of the other
house.
What is the Enrolled Bill Doctrine?
> The signing of the speaker and the senate president
and the certification of the secretaries of both houses
that such bill was passed are conclusive of its due
enactment.
Conflict between Journal and Enrolled Bill?
> The Enrolled bill prevails due to the respect of the
co-equal branches and it is the official copy of
approved legislation that bears the certification of the
legislative body.
> When co-equal branch itself repudiate the enroll bill,
the Journal will be accepted to be conclusive. (Astorga
vs. Villegas)
Notes:
- The Journal is conclusive upon courts against
extraneous evidence like testimonies of eyewitness
and newspaper reports
(US vs. Pons)
- Conflict between Journal and enrolled bill regarding
matters required by the Constitution to be entered
in the Journal-The SC left this as an open question.
Section 17 - Electoral Tribunals are the sole judge of
all contests relating to election, returns
and qualification of the respective
members of each house.
Composition:
1) NINE members per house
2) THREE SC Justices
3) SIX members who shall be chosen in
proportional representation from the political
parties and party-list organizations
4) The senior justice in the tribunal shall be the
chairman.
When does ET have jurisdiction?
> when a winning candidate has been proclaimed,
taken his oath, and assumed office. (Aggabao vs.
COMELEC)
When can the court interfere and review
decisions of the Tribunal?
> when there is a clear demonstration of GRAVE
ABUSE OF DISCRETION such being an arbitrary and
improvident use of Tribunal Power.
Section 18 - The Commission on Appointments. This
commission shall act on all
appointments submitted to it within 30
session days of the Congress. They shall
rule by the MAJORITY of ALL its
members.
Composition:
1) Senate President (ex officio Chairman)
2) Twelve Senators
3) Twelve Members of HoR
Function: legislative check on the appointing power of
the President.
Section 19 - Within 30 days after the houses are
organized with the election of the
Senate President and Speaker, the
Electoral Tribunal and the Commission
on Appointments shall be established.
Section 20 - books of account of the congress shall
be open to the public in accordance with
law and shall be audited by the COA.
Section 21 - The Congress or any of its committees
may conduct inquiries in aid of
legislation.
What is the purpose of legislative investigation?
Dont ask for lighter rain.just bring a better umbrella. 6
Constitutional Law 1 - Quickie Notes
> The power of inquiry: essential and appropriate
legislative function. Since it cannot legislate wisely in
the absence of information.
Note:
- The president and Chief Justice cant be summoned.
- The court cannot enjoin the appearance of witnesses
(Senate BRC vs. J Majaducon)
-
Section 22 - Heads of Departments upon their own
initiative, with the consent of the
President or upon request of either
house, appear before and be heard by
such House on any matter regarding
their department.
Purpose: the oversight function of congress.
Section 23 - 2/3 vote of BOTH HOUSES in joint
session, VOTING SEPARATELY, shall
have the SOLE POWER to declare the
EXISTENCE OF A STATE OF WAR.
- the congress may authorize the President for
a limited period and subject to
restrictions, to exercise powers
necessary and properto carry out a
declared national policy.
May the country engage in war in the absence of
congressional declaration?
> Yes. The actual power to make war is lodged in the
President which holds the sword of the nation.
What powers are delegated?
> the President may be given emergency legislative
powers if Congress so desires.
Section 24 - All appropriation, revenue or Tariff Bills,
Bills authorizing increase in public
debt, Bills of local application, and
private bills shall originate exclusively
in the HoR, but the Senate may
propose or concur with amendments.
Section 25 - The congress may not increase the
appropriations recommended by the
President. The form, content and
manner of preparation of the budget
shall be prescribed by law.
- No provision or enactment shall be
embraced in the general appropriations
bill unless it relates specifically to some
appropriation therein.
- The procedure for appropriations fo the
congress hsall strictly follow the
procedure for approving appropriations
for other agencies.
- A special appropriation shall specify the
purpose and be supported by actual
available funds
- No law shall be passed authorizing any
transfer of appropriations. However,
the President, Senate President,
Speaker, Chief Justice and heads of the
Constitutional Commissions may
augment any item in the General
Appropriations law for their respective
offices from savings in other items of
their appropriations.
- Discretionary Funds given to particular
officials shall be disbursed only for
public purposes and supported by
vouchers
- The preceding Gen. App Law shall be
revived in failing to pass the Gen. App.
Bill.
Section 26 - Every bill passed shall embrace only
ONE SUBECT which shall be expressed
in the TITLE thereof.
- No law shall be passed without:
1) Three readings on separate
days
2) Printed copies sent to members
3 days before passage
3) Last reading, no amendment
shall be allowed
4) Unless the President certifies
its necessity (CERTIFIED BILL)
Purpose of the ONE-TITLE-ONE-SUBJECT rule
> To prevent hodge-podge or log-rolling legislation.
> Prevent surprise or fraud upon legislature
> Fairly appraise people of the subjects of legislation
that are being considered.
> To correct the evil of blending of one and the same
statute of such things as were diverse in nature.
Note:
Dont ask for lighter rain.just bring a better umbrella. 7
Constitutional Law 1 - Quickie Notes
- One title One Subject rule is MANDATORY.
- This rule must be interpreted LIBERALLY, as long as
it sufficiently complies with the requirement that the
title expresses the general subject and all the
provisions of the statute.
See page 270 and 271 for exercises
Section 27 - Every bill passed by the congress shall,
before becomes a law, be presented to
the President. He can veto it and
return it the same with objections.
After the reconsideration, 2/3 of the
members of such House shall agree to
pass the bill, it shall be sent to the
other house and if by 2/3 of all the
members of the other house concur
and submit their revisions, it shall
become a law.

- the president shall communicate his
veto within 30 days, otherwise, it shall
become law as if he had signed it.
When does the Yeas and Nays required to be
taken?
1) Upon last and third reading of a bill
2) At the request of at least 1/5 of the members
present
3) In re-passing a bill over a veto of the President
If there are conflicting versions of both houses
what will happen?
> the conference committee, consisting of members
from both Houses, proposes ways to reconcile such
conflicts of both versions of a bill.
May the President approve some parts and veto
other parts of a bill?
> GENERAL RULE: When the President disapproves a bill,
he has to veto the entire bill.
> EXCEPTION: Appropriation, revenue and tariff bills that
he is authorized to exercise item-veto
> EXCEPTION TO THE EXCEPTION: the President may veto
inappropriate provisions (RIDERS) even the item is not
an appropriation or revenue item.
What is the effect of an invalid veto?
> NONE. It is as if the President did not act on it, thus
it became a law by executive inaction.
(Bolinao Electronics vs. Valencia)
What is an Executive Impoundment?
> The refusal of the President to spend funds already
allocated by the Congress for a specific purpose. It is
another way of exercising executive veto.
Section 28 - The Tax rule shall be uniform, equitable
and progressive.
- The congress may authorize the
President to fix within specified
limits, Tariff rates, import and export
quotas, tonnage and wharfage dues
and other duties within the
framework of the national
development program
- Charitable institutions , churches and
parsonages etc. shall be exempt
from REAL PROPERTY TAX. (directly,
actually, and exclusively used as
such)
- NO law granting any tax exemption
shall be passed without the
concurrence of MAJORITY of all
members of the congress.
Purpose of the power to tax
> Tax is the lifeblood of the government. It raises
revenue to establish funds for various projects and
operations of the government.
General limit on the power to tax
> it must be levied for public purpose and general
welfare.
When is tax uniform and equitable?
> It implies geographic uniformity. It shall operate
with the same force and effect in every place where
the subject is found.
> equitable= emphasis lang (Bernas)
Doctrine on uniformity of taxation:
(Tan vs. Del Rosario)
1) The standards used are substantial not
arbitrary
2) Categorization is germane to achieve the
legislative purpose
3) Law applies, ceteris paribus, to both present
and future conditions
4) Classifications applies equally to those
belonging in the same class
What is progressive system of tax?
Dont ask for lighter rain.just bring a better umbrella. 8
Constitutional Law 1 - Quickie Notes
> the tax rate increases as the tax base increases.
Camp John Hay asked for tax exemption.give or
not to give?
> NOT GIVE. Only the Subic SEZ is granted such
exemption.
(John Hay Peoples Alternative Coalition vs. Lim)
Section 29 - No money shall be paid out of the
treasure except through the
appropriation by law.
- No money shall be appropriated, used
directly or indirectly in the support of
any sect, religion, or minister or
religious teacher AS SUCH, except when
they are assigned to the AFP, prison or
government orphanage or leprosarium.
- All money collected on any tax levied
for a special purpose shall be treated
as a special fund. And shall be paid out
for THAT purpose only. If such purpose
is abandoned or fulfilled, the balance, if
any shall be transferred to the general
funds of the government.
Who has control of the expenditures?
> the CONGRESS. (See par. 1)
Are not Pork barrel provisions in the annual
budget a violation of the separation of powers
where members of congress perform executive
function of spending money appropriated?
> Technically NO. Since in the upholding of the law,
the court said that Congress itself had specified the
uses of the fund and that the power given to the
officials was merely recommendatory.
Section 30 - No law shall be passed increasing the
appellate jurisdiction of the SC
without its advice and concurrence.
Section 31 - No law granting a title of royalty or
nobility shall be enacted.
Reason: The government must be that of the people
and not of some people. It defies the
cornerstone of a republican government.
Section 32 - The Congress shall, as early as possible,
provide for a system of INITIATIVE
and REFERENDUM where the people
can directly propose and enact laws
or approve or reject any act or law
after the registration of a petition
signed by at least 10% of the total
number of voters, of which at
least 3% of each legislative
district shall be represented.
ARTICLE VII - EXECUTIVE DEPARTMENT
Section 1 - Executive power shall be vested in the
President of the Philippines.
Section 2 - Qualifications to be a President
Qualifications:
1) NBC
2) At least 40 years old @ election day
3) Registered voter
4) Literate
5) 10 years residency rule
Head of State
> ceremonial head of the government. More of the
Public duties (as in publicity)
Chief Executive
> The real job. He is THE executive. Heads of
departments occupy advisory capacity only.
Ban of the return of Mr. Marcos, can the
President actually do this?
> YES. The powers of the president are more than the
sum of enumerated executive powers. The duty of the
government to serve and protect the people as well as
to see the maintenance of peace and order argue
towards the existence of RESIDUAL UNSTATED
POWERS of the President
> this is a unique case and shall not create a
precedent
(Marcos vs. Manglapus)
Section 3 - there shall be a Vice-President with the
same qualifications and term of office
with the President.
Functions:
1) Successor of the President
2) May be appointed as a Cabinet Member (no
need of Comm. Appointment consent)
Section 4 - Term of six years, beginning at the 30
th
day of June next following the Elections
and shall end at the same date 6 years
after.

- The President is not eligible for re-election
Dont ask for lighter rain.just bring a better umbrella. 9
Constitutional Law 1 - Quickie Notes
- No person who succeeded the President for more
than 4 years shall be qualified for election to the same
at any time.
- No Vice-President shall serve for more than 2
SUCCESSIVE terms. Voluntary renunciation is not an
interruption.
- Regular elections are at the 2
nd
Monday of May.
- The SC sitting en banc shall be the sole judge for
ALL election, returns, and qualifications of the
President or Vice President, and may promulgate its
rules for the purpose.
Can Susan Roces substitute Fernando Poe Jr. in
protesting or intervene, assuming such will
survive his death?
> NO. Rule 14 of the PET rules: Only registered
candidates for President and Vice-President who
received the 2
nd
and 3
rd
highest votes may contest the
election after verified petition filed to the Clerk of the
Presidential Electoral Tribunal (PET) within 30 days
after proclamation of winner. (FPJ vs. Arroyo)
After being defeated as candidate for President,
Mike filed an election protest with the SC.
Subsequently, however, while pending the case,
he ran for Senator and declared elected and
assumed office. What happens to his petition?
> It is deemed ABANDONED. He made a pact with the
people that he will serve 6 years as Senator.
(Defensor Santiago vs. FVR)
Section 5 - Oath
Section 6 - Official residence. Compensation not to be
decreased. Increase, if any, will take
effect after expiration of term. No
emolument from other sources.
Section 7 - the P and VP shall assume office at the
beginning of their terms.
Rules:
1) If president fails to qualify=VP acting president
until P-elect shall qualify
2) If P not chosen, the VP shal be acting P until a
P has been chosen AND qualified.
3) If at the beginning the P died or permanently
disabled, the VP becomes president
4) No P and VP chosen, qualified or both died:
The Senate President or in his inability the
speaker shall act as President until a President
or a Vice be chosen and qualified.
5) The congress shall, by law, provide for the
manner in which one who is to act as President
is selected.
Section 8 to 13 - codal (as in)
Does the president enjoy immunity from suit?
> YES. During his tenure. Once out of office, even
before the end of the 6 year tenure, immunity is lost
for unofficial acts.
(Estrada vs. Desierto)
Petitioner Beltran argues that presidential
immunity calls for a disability to file a suit.
Correct?
> NO. This privilege can only be invoked by the holder
(the President) and not by any one else. The President
can waive such a privilege since nothing in the law
says he cant. The choice belongs to president to
exercise this privilege or not. (Beltran vs. Makasiar)
Note:
- (Clinton vs. Jones) Doctrine: A sitting president shall
not enjoy immunity for unofficial acts committed
before his term.
Section 14 to 15 codal
Does the Sec. 15 rule on appointments apply to
the judiciary?
> YES. The provision in Article VIII, Sec. 4(1) and 8
which says that vacancies in the judiciary must be
filled by the president within 90 days. (in re
Appointment of Valenzuela)
Section 16
Three GROUP Rule:
FIRST GROUP ( NEEDS CONFIRMATION ): (HAPON)
1) H eads of Departments
2) A mbassadors
3) Other Public ministries and consuls
4) O ther officers whose appointments are vested
in him
5) Officers of the AFP with ranks of Colonel or
Naval Captain
SECOND GROUP: (OH)
1) O fficers not otherwise provided by law
2) H e may be authorized by law to appoint
THIRD GROUP: congress may by law vest appointment
of other officers lower in rank to the following:
(PC
2
HAB)
Dont ask for lighter rain.just bring a better umbrella. 10
Constitutional Law 1 - Quickie Notes
1) P resident
2) C ourts
3) C ommissions
4) H eads of Departments
5) A gencies
6) B oards
The President shall have the power to make
appointments during the recess of the congress,
whether voluntary or compulsory, but such will only be
effective until the disapproval of CoApp or the next
adjournment of Congress.
Note:
- The legislature only creates the office and its
qualifications but cannot appoint nor suggest. Such
power is exclusive to the President.
(Manalang vs.Quitrano)
- Rule of silence = President will appoint
May the Congress expand the list of those whose
appointments need confirmation?
> NO. Calderon vs. Carale.
Ad-interim? Temporary? Effectivity?
> These are appointments made during the recess of
Congress. They are permanent (Matibag vs.
Benipayo).
> They are effective immediately without need of
confirmation.
Difference of AD-INTERIM and ACTING CAPACITY
appointments?
AD-INTERIM ACTING CAPACITY
Only to those who need
confirmation (checking)
Also those without need
for confirmation
Given when congress is
not in session
Can be given even when
in session
Section 17 - the President shall have control of all the
executive departments, bureaus and
offices.
Power of control
> power of an officer to modify or nullify or set aside
what a subordinate had done in the performance of his
duties and substitute the judgment of the latter with
that of the former.
(Mondano vs. Silvosa)
Doctrine of Qualified Political Agency?
> The acts of the secretaries of departments,
performed and promulgated in the regular course of
business, are, unless disapproved by the President
presumptively are the acts of the President.
Disciplinary power
>stems from his power to appoint. The power to
remove came from the power to appoint. Though
subject to limitation by the legislature due to security
of tenure.
Power of Supervision
>to ensure that laws are faithfully executed by
inferiors. Does not include the power to control but the
power to control includes the power to supervise.
Section 18- codal
What is the significance of the Commander in
Chiefship of the President?
> he holds the supreme military authority of the state
and the administrative head of the AFP.
What specific military powers are given to the
President?
1) Calling out power to suppress lawless violence,
invasion, or rebellion (not subject to judicial
review)
2) Suspend the privilege of the writ of habeas
corpus
3) Place the Philippines or any part thereof under
martial law.
What is the writ of habeas corpus?
> Writ directed to the person who is detaining another,
commanding him to produce the body of the prisoner
at a designated place and time, with the day and cause
of his caption and detention and submit to whatever
the court or judge awarding the write shall consider.
> It can be suspended in cases of INVASIO OR
REBELLION when public safety requires it.
Martial Law?
>essentially police power. Public safety is the concern
for it imposition. Police power is exercised by the
executive with the aid of the military. The military acts
vigorously for the maintenance o an orderly civil
government.
Requisites:
1) Existence of actual invasion or rebellion
2) Requirements of public safety
Time limits and process:
1) 60 days suspend the privilege of the writ of
habeas corpus or place the Philippines or any
part thereof under Martial law.
Dont ask for lighter rain.just bring a better umbrella. 11
Constitutional Law 1 - Quickie Notes
2) Within 48 hours the president shall submit a
report in person or writing to the Congress.
3) The Congress voting jointly, by a vote of the
majority of ALL members may revoke such
proclamation or extend such if situation of
rebellion or invasion persists and public safety
requires it.
Note:
- The imposition or suspension is a judicial question
since it can be reviewed by the SC.
Section 19 - Except in cases of impeachment, or
other provide by the Constitution, the
President can grant executive clemency.
Forms of Clemency:
1) Reprieve - postpones execution of offense
2) Commutation - less penalty
3) Pardon
4) Remission of fines and forfeiture
5) Amnesty
See page 321 to 325 for exercises
Limits on this power:
1) Not over impeachment
2) Amnesty must be with concurrence of
Congress
3) No clemency on violation of election laws
without the favorable recommendation of the
COMELEC.
Section 20 - Foreign Loans
May the president contract or guarantee foreign
loans?
> YES. But only with the prior concurrence of the
Monetary Board subject to limits as provided by law.
Section 21 - international agreement and 2/3 total
senate concurrence (treaty).
Foreign Relations Powers: (DRAFT)
1) T reaties and International agreements
2) Power to Appoint ambassadors, public
ministers, and consuls
3) Power to Receive the same (above)
4) Contract and guarantee Foreign loans for the
RP
5) Power to Deport aliens.
Notes:
- LESS FORMAL and TEMPORARY agreements can be
entered without the concurrence of the Senate
(Veterans vs. Treasurer of the RP)
-PERMANENT and ORIGINAL treaties need the
concurrence of 2/3 of all members of Senate.
In Extradition proceedings, does the subject of
extradition have the right of access to evidence
in the hands of the executive department?
> NO. Only in the Judicial Phase that he has the right.
Section 22 to 23 - codal.
Article VIII - THE JUDICIAL DEPARTMENT
Taxpayer suit
Requisites:
1) He has sufficient interest in preventing illegal
expenditure of money raise by taxation
2) That he will sustain direct injury as a result of
the enforcement of the questioned statute
May inferior courts exercise Judicial review?
> YES. Since inferior courts possess judicial power, it
may be inferred that such is not exclusive to the SC.
Though a decision of unconstitutionality of an inferior
court binds only the parties of the case, unlike that of
the SC, it is binding to all.
Political Questions
> those questions which, under the Constitution, are
to be decide by the people in their sovereign capacity
or in regard to which full discretionary authority has
been delegated to the legislative or executive branch.
Guidelines: (CLAIR)
1) Textually obvious Constitutional Connection of
the issue to a political department
2) L ack of judicially discoverable and manageable
standards for resolving it
3) I mpossibility of deciding without an initial
policy determination of a kind clearly for non-
judicial discretion
4) Impossibility of a courts undertaking
independent resolution without expressing lack
of the Respect de coordinate branches of
government.
5) Unusual need for Adherence to a political
decision already made
Dont ask for lighter rain.just bring a better umbrella. 12
Constitutional Law 1 - Quickie Notes
Auxillary powers
1) Assign temporary judges
2) Order a change of venue of trial to avoid
miscarriage of justice
3) Promulgate the rules concerning protection of
consti right
4) Appoint all officers & employees of the
Judiciary
Rule Making: Limits to promulgate rules concerning
pleading, practice, and procedure and admission to the
practice of law
1) They shall provide a simplified and inexpensive
procedure for the speedy disposition
2) Uniform in all courts of the same grade
3) Shall not diminish, increase, or modify
substantive rights.
Note:
- if the rule takes away a vested right, it is not
procedural
- if the rule creates a right such as the right to appeal,
it may be classified as a substantive matter
- if it operates as a means of implementing a right, it is
procedural
-constitutional rights are not merely declaratory but
also ENFORCEABLE.
Can the congress lower the passing mark in the
bar exam and declaring previously declared
flunkers as passers?
> NO. This would amount to not just amending the
rules but reversing the Courts application of an
existing rule. (In re Cunanan)
Note:
- The Ombudsman may not investigate a judge
independently of any administrative action of the SC.
(Maceda vs. Vasquez)
Bar integration
> official unification of the entire lawyer population of
the Philippines. This requires membership and financial
support of every attorney.
Purpose: (SCARED FD)
1) A ssist in the administration of justice
2) F oster and maintain High ideals of integrity,
competence and service
3) S afeguard professional interest of its members
4) C ultivate the spirit of brotherhood
(sisterhood?)
5) Provide forum for the discussion of matters of
law
6) Foster legal education
7) Promote continuing program of legal research,
make reports and recommendations
8) Enable the BAR to discharge its public
responsibility effectively
Section 7 -qualification of SC justices
Qualifications of SC judges:
1) NBC
2) At least 40 years of age
3) At least 15 years of being a judge of a lower
court or in the practice of law
Qualifications of members of lower collegiate
court:
1) NBC
2) Member of the IBP
3) Possessing other qualifications prescribed by
congress
4) must be a person of proven competence,
integrity, probity and independence
Qualifications of members of lower non-
collegiate court:
1) Citizen of the Philippines (not exactly NBC)
2) IBP member
3) Possessing other qualifications prescribed by
congress
4) must be a person of proven competence,
integrity, probity and independence
Section 8 - JBC
Principal Function: Recommending appointees to the
Judiciary and exercise other
functions as the SC assigns.
Composition: (CSC PIRP)
1) C hief Justice - ex officio chairman
2) S ecretary of Justice
3) C ongress Representative - ex officio members
4) P rofessor of Law (3yrs initially)
5) I BP Representative (4 yrs initially)
6) R etired SC member (2 yrs initially)
7) P rivate Sector Representative (1 yr initially)
- Regular members (w/ consent of CoA) = 4 years
Dont ask for lighter rain.just bring a better umbrella. 13
Constitutional Law 1 - Quickie Notes
Section 9 - appointees to the Judiciary are submitted
in 3s by the JBC for every vacancy which
doesnt need confirmation. In lower courts,
the President shall issue appointments
within 90 days from the submission of the
list.
Section 10 - codal
Section 11 - shall hold office during good behavior
until 70 years or incapacitated to
discharge duty (whichever comes
first..hehe).
- The SC en banc shall have the power
to discipline lower court judges or order
their dismissal by a MAJORITY vote of
those who participated in the
deliberations.
Note:
(People vs. Gacott) Doctrine:
> en banc is needed only when the penalty imposed is:
1) Dismissal of a judge
2) Disbarment of a lawyer
3) Suspension of more than 1 year or a fine of
more than 10,000.
> Abolition of office when done in good faith is not a
violation of security of tenure
> SC Justices are only removed by IMPEACHMENT
(Art. XI, 2)
> A judge presenting himself as a congressional
candidate constitutes misconduct (Vistan vs. Nicolas)
Section 12 - codal
Section 13 - codal
What is the effect of absence of certification?
> would only serve as evidence of failure to observe
certification requirement and may be basis for holding
the official responsible for the omission to account
therefor
Section 14 - codal!
Reasons:
1) To assure parties that the judge studied the
case
2) Give losing party chance to analyze the
decision and possibly appeal or accept.
3) Enrich the body of case law esp. if its from the
Supreme Court
Section 15
> All matters must be decided:
1) By the SC = 24 months
2) Lower collegiate courts = 12 months
3) Lower courts = 3 months
4) Sandiganbayan = 3 months, its a trial court.
What if these period lapsed? Whats it for the Judge?
> it remains undecided. This can be a ground for
impeachment or other form of disciplinary action.
Section 16 - codal
Article IX - CONSTITUTIONAL COMMISSIONS
COMMON PROVISIONS
Section 1 - The Independent Constitutional
Commissions: Civil Service, Audit,
and Elections
Section 2 - No member shall hold any other position
or office or profession or in the active
control of a business that can affect such
office, nor shall be financially interested in
any contract with any government
instrumentality
Section 3 - no salary decrease during tenure
Section 4 - Commissioners appoint officials in
accordance with law
Section 5 - Fiscal Autonomy
Why have Constitutional Commissions?
> In order to protect their integrity, they have been
made constitutional bodies since these perform key
function in the government. They must be free from
outside influences and political pressures.
Section 6 - each commission en banc can promulgate
rules concerning pleadings and practice
before it or any of it offices, as long as
they do not modify substantive rights.
Note:
> The SC cannot disapprove rules promulgated by
Commissions since the latter are independent bodies.
However, the SC may exercise Judicial Review over
them
Dont ask for lighter rain.just bring a better umbrella. 14
Constitutional Law 1 - Quickie Notes
> The rules of the Commission shall prevail over Rules
of Court if presented before a Commission. And vice-
versa
> the Congress cannot review rule promulgated by
commissions (Macalintal vs. Comelec)
Section 7 - Decide by a majority vote of ALL its
members on matters before it within 60
DAYS from the submission. Any decision,
order or ruling from a Commission may be
brought on certiorari to the SC within 30
DAYS from the receipt of the copy thereof.
Notes:
> voted and immediately retired = dont count their
vote
> Commissions Decisions can only be reviewed by SC
by way of certiorari.
>Quasi-judicial bodies = appealed to CA within 15
days from notice.
> A case may be brought to the SC after
reconsideration-speedy way. (ABS-CBN vs.
COMELEC)
May the SC intervene in the supervisory function
of the COMELEC?
> YES. Only in those rare occasions where the
imminence of the elections calls for prompt
determination lest the constitutional right of suffrage
be rendered futile.
Section 8 - each commission shall perform other
functions as provided by law
CIVIL SERVICE COMMISSION
Section 1 - Composition and Qualifications
- They shall be appointed by the President
with consent of the CoA.
- 7 Year term
- of those first appointed, the Chairman will
serve for 7 years, a commissioner for 5
years and another commissioner for 3 years.
- no member be appointed in a temporary
capacity
Composition:
1) Chairman
2) Two commissioners
Qualifications:
1) NBC
2) At least 30 years old @ appointment date
3) Proven capacity for public administration
4) Not have been a candidate for any elective
position in the immediately preceding elections
Common Starting point?
> February 2, 1987, the date the 1987 Constitution
took effect.
Nature of the powers of the CSC?
> its an administrative agency and nothing more. It
can perform executive, quasi-judicial and quasi-
legislative powers (rule making powers)
Section 2 - embraces ALL branches of government
and its instrumentalities with ORIGINAL
CHARTER.
- appointments to the Civil service shall be
made only according to MERIT and
FITNESS by competitive examination.
- EXCEPT to those which are POLICY-
DETERMINING, PRIMARILY CONFIDENTIAL,
OR HIGHLY TECHNICAL.
- no officer shall be removed without cause
provided by law
- no officer shall engage directly or
indirectly in any electioneering or partisan
campaign
- right to self organization is not denied
- Temporary employees shall be given
protection as may be provided by law.
Note:
> Agency created by special charter = ok!
> Agency created by the corp. law = no!
> Entities of the Civil Service System are not
completely beyond the reach of the Department of
Labor. (i.e. when they enter into a contract where an
employer-employee relationship is established)
> PAGCOR is under the Civil Service (PD no. 1869)
Dont ask for lighter rain.just bring a better umbrella. 15
Constitutional Law 1 - Quickie Notes
Why include government owned corporations in
the list of those covered by the CSC?
> wherever government efforts and money goes.most
likely CSC has an eye on it. Since when these
companies are at the brink of "death the Government
pumps money into them, so they must be under the
strict supervision of the CSC.
What are the difference between competitive and
non-competitive positions?
> Competitive positions must be according to merit
and fitness determined by COMPETITIVE
EXAMINATION. Non-competitive are not subject to
such examination, BUT competitive and fitness are still
REQUIRED.
> The appointing authority is not bound to the next in
rank rule since the power to appoint is a matter of
discretion.
> the CSC cannot even disapprove an appointment
and require that another is to be appointed since it
believes that the latter is more qualified.
(Central Bank vs. CSC)
Non-competitive positions:
1) Policy determining
2) Primarily confidential
3) Highly technical
Primarily confidential
> Proximity Rule:
Ultimate test is the nature of responsibilities that
require close intimacy which insure freedom of
intercourse without embarrassment or freedom from
misgiving of betrayals of personal trust or confidential
matters of the state. (Piero Doctrine)
> Nature of the function shall dictate its classification.
(Laurel vs. CSC)
Classification of positions:
1) Career Service
a. Entrance based on merit and fitness
with competitive exam or HIGH
TECHNICAL qualifications
b. Security of tenure
c. Chance for advances to higher career
positions
d. May only be removed by procedural
due process. (Larin vs. Exec. Sec.)
2) Non-Career Service
a. Entrance bases on other than that used
for career services
b. Tenure limited to:
i. specified law
. coterminous with appointing
authority or his pleasure
iii. limited to duration of project
which employment was based.
Security of Tenure
Importance: efficiency of the system depends largely
on the morale of the officers and employees. Who
would be in the right mind-set and morale to work
when one knows that he can be easily get ousted any
time for any reason right?
Without Consent:
Permanent transfers = violation
Temporary transfers = no, provided that it is not the
initial step to his removal.
> Dismissal in good faith of one who was previously
convicted doesnt entitle him to back-wages.
(Octot vs. Ybanez)
Abolition of office
To escape unconstitutionality:
1) good faith
2) not for personal or political reasons
3) not in violation of law
(Roque vs. Ericta)
> The president can reorganize the executive by
deactivating offices and other reorganizing measure
granted to him by law.
(Buklod ng Kawaning EIIB vs. Executive Secretary)
Strike issues:
SSS vs. CA
> Framers says that the right to organize does not
include the right to strike.
> "This case is vague.parang love.
MLA public School Teachers Assoc. vs. Sec.of Educ.
> NO. Though there are dissenting opinions that point
out to the inherent right to petition the government to
redress grievances.
Section 3 to 7 - codal
Exceptions to Section 7:
Dont ask for lighter rain.just bring a better umbrella. 16
Constitutional Law 1 - Quickie Notes
> the Vice President can be appointed member of the
cabinet
> A member of Congress is designated to sit in the JBC
Section 8 - codal
What is the difference between additional
compensation and double compensation?
> They are used interchangeably. There is "additional
when in the same office, there is added to such. There
is "double two sets of compensation from two
different offices held concurrently.
COMMISSION ON ELECTIONS
Section 1 - chaiman and 6 commisioners
Qualifications:
1) NBC
2) At least 35 years old at appointment date
3) College degree holders
4) Not candidates for elective position in the
immediately preceding elections
5) Majority of the members shall be members of
the IBP who have been engaged in the practice
of law for at least 10 years.
- same appointment terms as CSC
Section 2 - powers and functions essentially
executive (enforcement) and
administrative.
Functions and powers: (JD FRED CPR)
1) E nforce and administer all laws and regulations
relative to the conduct of an election,
plebiscite, initiative, referendum and recall.
2) Exercise EXCLUSIVE JURISDICTION over all
contests relating to the elections, returns,
qualifications of all elective regional, provincial,
and city officials and appellate jurisdiction over
all contest involving elective municipal officials
decided by trial courts of general jurisdiction,
and barangay officials by trial courts of limited
jurisdiction. Decisions shall be final and not
appealable
3) D ecide all questions affecting elections (except
right to vote)
4) D eputize with the concurrence of the
President, law enforcement agencies
5) R egister, after publication, paries and other
organizations in addition to receiving the
platforms of the latter. Religious
denominations shall not be registered.
6) F ile upon a verified complaint regarding any
matters of violation of election laws
7) Recommend to the congress effective
measures to minimize election spending,
prevent and penalize offenses
8) Recommend to the President the removal of
any officer or employee it has deputized, or
impose disciplinary action for violation or
disregard of rules and orders.
9) Submit to the president a comprehensive
report on the conduct of the elections and all
its forms
> The COMELEC shall have jurisdiction to issue writs of
certiorari, mandamus, quo warranto or habeas corpus
only in the aid of its appellate jurisdiction (2
nd
paragraph)
> The COMELEC does not have the power to transfer
whole municipalities (Montejo vs. COMELEC)
> Contests involving SK elections are not within the
jurisdiction of the COMELEC (Alunan III vs. Mirasol)
> The COMELEC has no obligation to physically look for
evidence, its task is to prosecute and investigate. Such
evidence gathering shall be done by the person
accusing. (Kilosbayan vs. COMELEC)
> Benito vs. COMELEC [ 2
nd
placer doctrine]
"to allow the defeated and repudiated candidate to
take over the mayoralty despite his rejection by the
electorate is to disenfranchise the electorate without
any fault on their part and to undermine the
importance and meaning of democracy and the
peoples right to elect officials of their choice.
Section 3 - COMELEC en banc
> first instance en banc decisions = void.
Dont ask for lighter rain.just bring a better umbrella. 17
Constitutional Law 1 - Quickie Notes
> first by division then upon motion for
reconsideration, the COMELEC en banc.
Section 4 - Regulate and utilize all franchises or
permits for transpo and public utilities
and media aiming to ensure equal
opportunity among candidates.
Sanidad vs COMELEC: sanidad not a candidate, its
plebiscite, thus a public concern, so its the peoples
right to know and discuss about it. COMELEC hands off
Section 5 - no clemency on violation of election laws
shall be given by the President without
the concurrence of the COMELEC
Section 6 - Free open Party System
Importance of Registration of a Party:
1) Confers juridical personality
2) Informs public of its existence
3) It identifies its elements for the purpose of
regulation by the COMELEC
> no more accredited political party.
Section 7 - only those registered party lists shall be
voted for.
Section 8 - political parties, orgs and coalitions under
the party list system shall not be
represented in the voters registration
boards of election inspectors or
canvassers and other similar bodies. They
can only appoint poll watchers in
accordance with law.
Section 9 - Election period commences 90 days
before and ends 30 days after
Section 10 - Bona fide candidates shall be free from
harassment and discrimination
> it does not mean the candidate has immunity from
suit.
> discrimination: unequal treatment in availing media
facilities.
Section 11 - Funds certified as necessary shall be
released automatically upon certification
of the Chairman of the COMELEC.
COMMISSION ON AUDIT
(it hurts but, theres really not much buzz about this commission)
Section 1 - Composition and Qualifications
> Chairman and two Commissioners
Qualifications:
1) NBC
2) At least 35 years old at appointment date
3) CPAs with at least 10 years of auditing
experience OR members of the IBP who are
engaged in the practice of law for at least ten
years.
4) No have been candidates for election in the
immediately preceding elections.
5) No time shall ALL the members belong in the
SAME profession
> Same appointment terms
Section 2 - powers
1) Examine, audit and settle accounts of the
government revenues and expenditures
2) Perform pre-audit services when the internal
control system, managed by private
accountants/auditors, of such entities proved
to be inadequate
3) Keep and settle general accounts of the
government
4) It can define the scope of its audit
5) Promulgate accounting and auditing rules
including those for the prevention of irregular
and excessive expenditure of govt funds.
6) Decide administrative cases involving
expenditures of public funds
> The COA has power over non-accountable officers
> settle accounts: liquidate accounts, that is those
accounts which may be adjusted simply by an
arithmetical process. It does not include FIXING the
actual amount.
Section 3 - no law shall be passed exepting any entity
of the government or its subsidiaries or
any investment of public funds from the
jurisdiction of the COA
Section 4 - submission of the annual report within the
time fixed by law.
Article X - LOCAL GOVERNMENT
Dont ask for lighter rain.just bring a better umbrella. 18
Constitutional Law 1 - Quickie Notes
Section 1 - territorial subdivisions of the Philippines:
1) Provinces
2) Cities
3) Municipalities
4) Barangays
5) Autonomous region of Muslim Mindanao
Section 2 - These subdivisions shall enjoy Local
Autonomy
Difference of Autonomy and Decentralization:
> Autonomy is either Decentralization of POWER or
Decentralization of ADMINISTRATION
Administration:
1) Broaden the base of government power
2) Make local governments more responsive and
accountable
3) Fullest development as self-reliant
communities
Power:
1) Free to chart its own destiny and shape with
minimum intervention from the central
government
2) Becomes accountable not to central authorities
but to its constituency
Section 3 - more responsive and accountable Local
Government (LG) through a system of decentralization
with mechanisms for all matters relating to the
organization and operation of LGU
Section 4 - The president shall exercise GENERAL
supervision over LGs. But has DIRECT supervisory to
autonomous regions, provinces and independent cities.
General Supervision
> superior to see to it that lower officers perform their
functions in accordance with law.
Can the Secretary of LG annul the election of
officers of a federation of barangay officials?
> NO. this is tantamount to control thus exceeding the
executive supervisory powers.
Section 5 - each LGU shall have the power to create
their own source of revenue and to levy taxes and
charges as Congress may provide. Such will accrue to
the Local Government only.
> the power to tax of local governments may not be
negated by executive order without a statute granting
it.
Section 6 - LGUs shall have a just share in the
national taxes which is automatically released to them
Section 7 - LGU shall be entitled to an equitable
share in the proceeds of the utilization and
development of national wealth within their areas in
the manner provided by law.
Fund sources:
1) Local taxes, fees, and charges
2) National taxes
3) Other legitimate sources
Section 8 - The term of office of elective local
officials, except barangay officials, shall be 3 years and
none shall serve for more than 3 consecutive terms.
Voluntary renunciation is not an interruption
See page 425 to 427 for examples
> Conversion to a city of a municipality does not reset
the count for the terms of its officers
(Latasa vs. COMELEC)
> Term of Barangay officers - as provided for in the
Local Autonomy Code: 3 years.
Section 9 - Legislative bodies of LGs hall have sectoral
representation as prescribed by law
Who prescribes the qualifications of local
"sectoral representatives"?
> the constitution does not prescribe, these are
prescribed by law. And in making the appointments,
the President must observe the qualification
requirements. (Supangan, Jr. vs. Santos)
Section 10 - NO province, city, municipality or
barangay may be created, divided,
merged, abolished, or its boundary
substantially altered.
- except those in accordance with the
LGC and subject to the majority vote in
a plebiscite in the units directly affected
Section 11 - congress may create special
metropolitan subdivisions subject to a
plebiscite.
- The jurisdiction of the metropolitan
authority that will thereby be created
Dont ask for lighter rain.just bring a better umbrella. 19
Constitutional Law 1 - Quickie Notes
shall be limited to basic services
requiring coordination.
> MMDA is not a local government unit with police
power. It is different from the Metro Manila
Commission (MMC) which was a cetnreal government
unit. MMDA was never submitted to a plebiscite.
Therefore, MMDA does not possess police power.
May MMDA confiscate drivers' licenses without
any other legislative enactment?
> If there is a traffic law or regulation validly enacted
by legislature, MMDA is not precluded in fact it is duty-
bound to do so in its exercise of the mandate to
manage traffic and enforcement and administration of
traffic enforcement operations. (MMDA vs. Garin)
Section 12 - independent of the province:
1) Highly urbanized cities
2) Component cities (those whose
charter prohibits provincial voting)
- component cities within a province which has
no such prohibition, shall not be deprived of
provincial voting
Section 13 - Local Government may group
themselves, consolidate or coordinate with each other
for purposes commonly beneficial to them
Note:
> Such grouping DOES NOT create a new juridical
entity.
> they can do such even without enabling law
Section 14 - the president shall provide for regional
development councils or other similar bodies to
strengthen the autonomy of the units through
acceleration of economic growth through
administrative decentralization.
AUTONOMOUS REGIONS
Section 15 - There shall be created the Autonomous
Regions in Muslims Mindanao (ARMM) in which
provinces sharing the same historical and cultural
heritage.
Purpose: to profit from one of the best resources and
ways for development, cultural diversity. Also, this can
be a possible solution to regional conflicts
> An autonomous region is not an independent nation
within a nation
Section 16 - President shall exercise GENERAL
supervision over autonomous regions
Section 17 - all powers, functions, and responsibilities
not granted by this constitution or by law to the
autonomous regions shall be vested in the national
government
What powers are not given to autonomous
regions? (PC
2
FENG)
1) P osts and communication
2) C itizenship
3) C urrency
4) F oreign relations
5) E xternal borrowing
6) N ational defense and security
7) G eneral auditing
Section 18 - congress shall enact an ORGANIC ACT
for each autonomous region
Organic Act
1) Define basic structure of government
2) Provide for special courts (personal, family,
property)
> Effective when approved by the majority of the
votes in a plebiscite participated by those included in
the autonomous region
How does a provision in an organic act amended?
> ordinary statute, whether general or special, cannot
amend it.only through a plebiscite
> tribal courts are not part of the judiciary.they only
stand as arbiters for peace, advisers and ministers of
compromise.
> it is enough for the creation of the autonomous
region that some "provinces, cities and geographic
areas vote favorably.not majority. Thus, majority is
not needed. (Abbas vs. COMELEC)
Section 19 - the 1
st
congress within 18 months, from
the time of organization of both houses, pass the
organic acts for the autonomous regions in Muslim
Mindanao and Cordilleras
Dont ask for lighter rain.just bring a better umbrella. 20
Constitutional Law 1 - Quickie Notes
Section 20 - the organic act shall provide legislative
powers over:
1) Administrative organization
2) Creation of sources of revenues
3) Ancestral domain and natural resources
4) Personal, family and property relations
5) Regional, urban and rural planning
development
6) Economic, social, and tourism development
7) Educational policies
8) Preservation and development of the cultural
heritage
9) Other matters as may be authorized by law for
the promotion of the general welfare of the
people in the region
> The Constitution should always prevail. When the
conflict is between national statutes and local laws, a
serious weighing of the values involved
Section 21 - preservation of peace and order shall be
the responsibility of the local police agencies which are
organized and maintained in accordance with the
applicable laws. The defense of the REGIONS shall be
the responsibility of the NATIONAL GOVERNMENT
> Autonomous regions are still part of one republic,
thus the Commander-in-chief still has power over
them.
Article XI - ACCOUNTABILITY OF PUBLIC OFFICERS
Section 1 - Public office is pa public trust public
officers and employees must at all times
be:
1) Accountable to the people
2) Serve them with utmost
responsibility, integrity, loyalty, and
efficiency.
3) Act with patriotism and Justice
4) Lead modest lives
Elements of Public office as a public trust
1) A representative government
2) The officer being mere agents and note rulers
of the people
3) One where no one man or set of men has a
proprietary or contractual right to an office
4) But where every officer accepts office pursuant
to te provision of law and holds the office as a
trust for the people whom he represents.
Section 2
Only removable by impeachment:
1) President
2) Vice-President
3) Members of the Supreme Court
4) Members of the Constitutional Commissions
5) Ombudsman
Grounds for impeachment for conviction of:
1) Culpable violation of the Constitution
2) Treason
3) Bribery
4) Graft and corruption
5) Other high crimes
6) Betrayal of public trust
> The HoR shall have exclusive power to initiate all
cases of impeachment
> The Senate on the other hand has the sole power to
try and decide all cases of impeachment.
> at least a 1/3 vote of all members of congress shall
be needed to affirm a favorable resolution or override
its crontrary resolution.
> No impeachment proceeding shall be initiated
against the same official MORE THAN ONCE within the
PERIOD of ONE YEAR
Impeachment
> The purpose of impeachment is not to punish but to
only remove the officer who does not deserve to hold
such office.
>Shall be initiated once a verified complaint is filed
and referred to the committee on justice for action.
Section 4 - the present anti-graft court known as the
Sandiganbayan continue to function and exercise its
jurisdiction as now or hereafter may be provided by
law.
Is the inclusion of the Sandiganbayan in the
Constitution makes it a Constitutional court?
> NO. It remains to be a statutory court; that is, it is
created not by the constitution but by statute,
although its creation is mandated by the Constitution.
The jurisdiction of the SandiganBayan limited to
criminal and civil cases involving graft and
corrupt practices of public officers?
> NO. Such other offenses committed by public officers
and employees, including those in Government
Instrumentalities.
Dont ask for lighter rain.just bring a better umbrella. 21
Constitutional Law 1 - Quickie Notes
> The SandiganBayan can also charge PRIVATE
CITIZENS when such are charged and tried together
with PUBLIC officers to avoid repeated and
unnecessary presentation of witness and exhibits
against conspirators in different venues. It follows that
when they are tried jointly, they may also be convicted
jointly.
(Balmadrid vs. SandiganBayan)
> the SandiganBayan cannot charge private
individuals, who were entrusted as custodians by the
BIR, who were charged of malversation of public funds
as a principal.
(Azarcon vs. Sandiganbayan)
When can SandiganBayan charge a PRIVATE
individual?
1) When the complaint charges the private
individual either as a co-principal, accomplice
or accessory of a PUBLIC officer
2) Employee who has been charged with a crime
within its jurisdiction.
Section 5 - the Ombudsman and One Deputy each for
Luzon, Visayas and Mindanao
Section 6 - Civil Service Law is prevailing in the
appointment of other officials of the Ombudsman
Section 7 - existing tanodbayan = office of the
Special Prosecutor
Nature of the office of the Ombudsman:
1) Independent and not beholden to the President
2) Persuasive powers in addition to the ability to
require that proper legal steps are taken by
the officers concerned
3) May seek to compel the fiscal to prosecute by
mandamus in proper cases
** Final say to prosecute or not still belongs to the
Executive Department
Qualifications:
1) NBC
2) At least 40 years old at appointment
3) Of recognized probity and independence
4) IBP member
5) Not candidate for any elective office in the
immediately preceding election
6) At least 10 years of being a judge or in the
practice of law
Chosen from six nominees prepare by the JBC and a
list of three thereafter
With NO CONFIRMATION.
All vacancies shall be filled up within 3 months after
they occur
Section 10 - the Ombudsman and his deputies shall
have the rank of Chairman and Members. (JUST LIKE
THE COMMISSIONS, even up to salaries theyre alike)
Section 11 - they shall serve for 7 years without
reappointment. They shall not be qualified to run for
any office immediately succeeding their exit from
office.
Section 12- shall act promptly on complaints filed in
ANY form against public officials or employees of the
Government and its instrumentalities
Powers of the Ombudsman:
1) Investigate its own, or complaint by person,
any act or omission of a public official,
employee, agency or office when such appears
to be ILLEGAL, UNJUST, IMPROPER, or
INEFFICIENT.
2) Direct any official or office to perform and
expedite any act or duty required by law, or to
stop prevent and correct any abuse done in the
performance of duties.
3) Direct the officer concerned to take appropriate
action against an official or office.
4) Direct the officer concerned to furnish it with
copies of documents relating to transactions
entered into and report any irregularity to the
COA for appropriate action.
5) Request any govt agency for assistance
6) Publicize matters covered by its investigation
when circumstances warrants it
7) Determine the causes of inefficiency and make
recommendations for their elimination and
observance of high standards
8) Promulgate the rules of procedure and exercise
such powers as prescribed by law.
> the Ombudsman is empowered with prosecutorial
functions by the legislature
> Powers of the Ombudsman can be done.
> NBI referrals are considered to be "fact finding only,
not as preliminary investigations. Such can only be
done by the Ombudsman
Dont ask for lighter rain.just bring a better umbrella. 22
Constitutional Law 1 - Quickie Notes
Section 14 - Fiscal Autonomy, automatic receipt of
appropriations
Section 15 - RIGHT TO RECOVER unlawful taking of
property by public officials shall not be barred by
laches, estoppels or prescuription
Section 16 - No Loan, guarranty or other form of
financial accommodation for any business purpose may
be granted by government-owned/controlled bank or
institution to:
1) President
2) Vice-President
3) Members of the Cabinet
4) Congress
5) Supreme Court
6) Costitutional Commissions
7) The Ombudsman
8) Or to any firm or entity which has controlling
interest therein
Section 17 - a public officer/employee shall upon
assumption of office and as often thereafter as may be
required by law, submit a DECLARATION OF ASSETS,
LIABILITIES AND NET WORTH.
Who will do this?
> the above list, except no. 7 and 8, with the addition
of Generals or Flag Rank (a senior naval officer above
the rank of captain) officers of the AFP.
Section 18 - public officials and employees owes the
state and the constitution their allegiance at all times.
Changes in citizenship shall be dealt by law
ARTICLE XII - NATIONAL ECONOMY & PATRIMONY
(ill just be adding up questions here onwards, since the
sections are head-on and very provisional)
(Fr. Bernas asked us to focus on these ten sections: 2,
3, 7, 8, 10,11, 16, 17, 18, and 19)
> the state shall protect Filipino Enterprises against
UNFAIR foreign competition and trade practices.
Threefold goal of the national economy?
1) More equitable distribution of wealth
2) Increase of wealth for the benefit of the people
3) Increased productivity
Regalian Doctrine
> all alnds of the public domain belong to the State,
and that the sate is the source of any asserted right to
ownership in the land and charged with the
conservation of patrimony.
> "all lands were held from the Crown
> now stripped of the overtones of jura regalia:
ownership is vested in the STATE not in the HEAD OF
STATE.
Differential Imperium from Dominium
Imperium - gocernment authority possessed by the
state expressed in the concept of
sovereignty.
Dominium - the capacity of the state to own/acquire
property
- Also refers to lands held by the
government in a proprietary character:
can provide for the exploitation and use
of lands and other natural resources.
Alienation of natural resources?
General Rule: natural resources CANNOT be alienated
Exception: Agricultural Lands
How are lands of public domain classified by the
Executive Department? (FMAN)
1) Agricultural
2) Forest
3) Mineral
4) National parks
** ALL classification and reclassification is under the
exclusive prerogative of the President upon
recommendation of the pertinent department head.
** no mixed classification since such lands are seen as
indivisible by The Court.
[Republic vs. CA, 160 SCRA 228 (1988)]
Limits on alienable lands of public domain:
Filipino Citizens:
1) LEASE up to 500 HECTARES
2) OWN not more than 12 HECTARES
Private Corporations / Associations
1) Only hold through LEASE alienable lands of
public domain
2) Area: MAXIMUM of 1,000 HECTARES
3) Term: 25 years, renewable for another 25.
Dont ask for lighter rain.just bring a better umbrella. 23
Constitutional Law 1 - Quickie Notes
> Reclaimed foreshore and submerged lands are
included as public domain, unless otherwise classified
as alienable.
30-year Acquisitive Prescription
>There is a prescription on converting the alienable
public land to private property when such is be proven
by an open, continuous, exclusive and notorious
occupation for 30 years.
EQUITY REQUIREMENTS
Activity Citizenship / Equity
Mass media 1) Filipino Citizens; or
2) Filipino Corp. with
100% Filipino ownership
Advertising 1) Filipino Citizens; or
2) Filipino Corp. with
70% Filipino ownership
Exploitation of Natural
resource
1) Filipino Citizens; or
2) Filipino Corp. with
60% Filipino ownership
Operation of Public Utilities
Same as above
Acquisition of private lands Same as above;
Plus:
1) Former NBCs
2) Alien heirs
(intestate)
Educational Institution Same as above
EXCEPT: those schools
established by religious
groups
Acquisition of Alienable
lands
1) Filipino Citizens
(natural persons); or
2) Corporations: LEASE
only
Practice of ALL professions Filipino citizens ONLY
Other economic activities Congress may, by law,
reserve 60% ownership
to Filipinos in certain
areas of investment.
May the state enter into service contracts with
foreign owned corporations?
> YES. Limited to FINANCIAL and TECHNICAL
agreements only with resoect to minerals, petroleum
and other mineral oils.
How about management contracts with foreign
owned corporations?
> YES. But only if such is incidental to FINANCIAL and
TECHNICAL agreements.
May aliens merely lease land of the public
domain?
>NO. That is tantamount to enjoyment of natural
resources. (2)
May foreign corporations buy shares excess of
40% of the shares of the corporations?
>YES. But they will lose their capacity to hold.
May aliens lease private land?
> YES. If its for a reasonable period. He can buy land
once he is granted Filipino Citizenship.
(Krivenko vs. Register of deeds)
> Aliens can purchase other real properties like
immovables, buildings and any construction attached
to land.
One day, Mike was digging in his backyard where
he would place his Koi fish pond, he dug so deep
that he found diamonds forming in his backyard.
Does he have the right to mine them without the
permission of the state?
> NO. this is the application of the Regalian Doctrine.
Such land then is converted in to mineral land and any
loss on his part shall be compensated.
[Republic vs. CA, 160 SCRA 228 (1988)]
Why limit the purchase of agricultural lands by
private corporations?
1) Equitably diffuse land ownership
2) Encourage owner-cultivatorship and the
economic family-sized farm
3) Prevent the recurrence of social unrest due to
HUGE LAND HOLDINGS.
Ancestral Domain
> Any area fluvial or terrestrial that is occupied and
where indigenous communities had access for their
subsistence and traditional activities.
Ancestral Land
> more narrower in concept. Limited only to Land. Not
only occupied and possessed but also utilized by
cultural communities under the claim of individual or
traditional group ownership. Lots, rice terraces,
paddies, private forests, farms and tree lots.
An American Citizen acquired a coconut land in
January 1245. Is he a valid and registered
owner?
Dont ask for lighter rain.just bring a better umbrella. 24
Constitutional Law 1 - Quickie Notes
> YES. Since the ordinance appended to the 1935
Constitution said that until final withdrawal of the US
sovereignty, they shall enjoy the same Civil rights as
Filipinos.
When an alien husband of a Filipina purchased
land here in the Philippines, is the property
conjugal such that it may not be disposed
without the consent of the husband?
> NO. He knowingly violated the Constitution, the sale
to him was null and void in the first place thus, he has
no capacity to question the subsequent sale.
> even the wife used conjugal property, such will still
be the same result.
(Cheesman vs. Intermediate Appellate Court)
Can a Filipino recover private land invalidly sold
to an Alien?
> 1973 Constitution = NO, only the State can question
the Aliens title.
> Rellosa vs. Gaw Chee Hun = NO, he was in pari
delicto with the disqualified vendee
> Lui She Doctrine = YES. (1) If the buyer acquired
Filipino Citizenship. (2) Where the land has come to
the hands of a qualified transferee in good faith.
Joe died living real properties in the Philippines
to his forced heirs: his wife Linda and son,
Sonny, both American citizens. Linda executed a
quitclaim conveying to Sonny all her rights to
some properties inherited from Joe. Sonny then
sold these properties to Pedro, a Filipino.
Neighbors of the adjoining lot questioned the
constitutionality of such.
> Lindas quitclaim violated Art. XII 7 the Constitution
which limits the transfer of private lands to those who
are QUALIFIED.
> In the transfer of land to Pedro, jurisprudence would
say that such invalidly transferred land to an alien who
became a citizen or to a citizen himself would CURE
the transaction and the title and such transfer will be
rendered VALID.
(Halilii vs. CA)
Other rights of a NBC or FORMER NBC:
1) Any NBC with legal capacity may be
TRANSFEREE of a private land up to a
maximum area of 5,000 SQUARE METERS if
URBAN land or 3,000 HECTARES if RURAL land.
2) If married, and if both shall avail of the same,
it still must not exceed the maximum
3) If already owns private land, he can still
purchase up to the maximum herein provided.
4) Transferee MAY NOT acquire more than TWO
lots which are situated in different
municipalities in the Philippines.
5) A transferee who already acquired rural land
cannot acquire urban land and vice-versa
What is a public utility?
> corporation that renders service to the GENERAL
PUBLIC for compensation. It must be open to ALL
members of the public.
> A foreign Corporation can construct and own
facilities of public utilities but it may NOT be given the
franchise to OPERATE the system,
(Tatad vs. Garcia, Jr.)
> PD 857 specifically authorizes the Philippine Port
authority to provide services whether on its own, by
contract or otherwise.
> Neither Congress nor the NTC can grant an exclusive
franchise or any form of authorization to operate a
public utility
(Republic vs. Express Telecommunications Co.)
> Filipinization = ownership is limited to FILIPINO
CITIZENS and FILIPINO CORPORATIONS.
> Nationalization = ownership is reserved to the
STATE.
>The State can compel a public utility to render
service in the public interest as long as compensation
will be paid
Except in cases of NATIONAL EMERGENCIES, no
compensation needed.
> The operation of monopolies is NOT TOTALLY
banned. The operation of insurance Consortias are a
prime example that when the paramount interest of
the public is taken into consideration, any legitimate
insurance company can become part of this consortia,
thus, there is no restraint of trade or unfair
competition even some companies are adversely
affected.
(Eastern Assurance vs. LFRB)
Foreign loan restrictions:
1) Must be in accordance with law
2) Must be in accordance with the concurrence
and regulations of the Monetary Board
Dont ask for lighter rain.just bring a better umbrella. 25
Constitutional Law 1 - Quickie Notes
ARTICLE XVI - GENERAL PROVISIONS
Immunity from suit
> state cannot be sued without its consent. Properties
used by the State in the performance of its functions
cannot be subject to judicial execution.
How is state immunity waived?
Express:
> may be manifested by general or special law. The
express consent must be embodied in a duly enacted
statute and not only by a mere counsel of the
government.
> A claim against the government must FIRST be file
to the COA, which must act upon it within 60 days.
Rejection will authorize the claimant to elevate the
case to the SC. Where proper, Certioari. (Rule 65)
Implied:
1) When the government enters into a business
CONTRACT
2) When its INEQUITABLE for the state to invoke
immunity or when it takes PRIVATE property
for public use
3) If the government files a complaint, a
COUNTERCLAIM can be filed against it.
A suit is against the state when (IF IT
CONSENTS):
1) The republic is sued by NAME
2) Suit is against an UNINCORPORATED Govt
agency
3) When a suit is on its face against a
government officer but the case is that the
ULTIMATE LIABILITY will rest on the Govt.
> A public officer can be held personally accountable
when acts performed in connection with official duties
where they have acted ultra vires or where there is a
showing of bad faith. A high position in Government
does not give one the right to recklessly injure
another.
(Chaves vs. SandiganBayan)
> The test of liability shall depend on whether the
injury is caused while performing a governmental or
proprietary function. Thus, a truck colliding with a
jeepney while the former is used for construction,
being a governmental act, will not make the
municipality liable.
(Municipality of San Fernando La Union vs. Hon. Judge Firme)
>Property taken by the state by an unauthorized act of
a public officer can still be restored. The suit for
restoration shall be against the officer in his private
capacity
(Festejo vs. Fernando)
----if cannot be restored anymore (i.e. belongs to a
third person in good faith or being enjoyed by the
State), just compensation will accrue in favor of the
restoree
(Ministerio vs. CFI)
> Employees under a commercial enterprise cannot
claim immunity for their vile acts paired with evidence
of guilt.
(US vs. Judge Rodrigo)
"waiver of immunity by the State does not mean
a concession of its liability"
> means that by consenting to be sued, the state does
not necessarily admit it is liable. The state is merely
giving the plaintiff a CHANCE TO PROVE THAT THE STATE IS
LIABLE, but the state retains the right to raise lawful
defenses.
ARTICLE XVII - AMENDMENTS OR REVISIONS
Revisions may be proposed by:
1) The congress upon a 2/3 votes of ALL
2) Constitutional Convention
Amendments may be proposed by:
1) The congress upon a 2/3 votes of ALL
2) Constitutional Convention
3) The people upon petition of 12% of total
registered voters and 3% of each legislative
district. PROVIDED, that Congress enacts an
enabling law.
** the Constitution is silent on how the Congress shall
vote. So its either joint or separately.
** the Congress shall decide if revisions or
amendments shall be proposed by Congress or
Constitutional Convention.
** the Manner of calling of a convention is subject to
judicial review:
1. If required vote was met
2. Proposals properly submitted to the people for
ratification
(Tolentino vs. COMELEC)
How to create the question in calling for a
Constitutional Convention?
> by a MAJORITY vote of ALL members of Congress.
How to create a Constitutional Convention?
> by a vote of 2/3 of ALL member of Congress.
Dont ask for lighter rain.just bring a better umbrella. 26
Constitutional Law 1 - Quickie Notes
Any amendment or revision of this Constitution under
SECTION 1 (by Congress and ConCon) shall be valid
when RATIFIED by a MAJORITY of the votes cast in a
PLEBISCITE which shall not be held earlier than 60
days nor later than 90 days after approval of such
amendment or revision
Any amendment under Section 2 shall be shall be valid
when RATIFIED by a MAJORITY of the votes cast in a
PLEBISCITE which shall not be held earlier than 60
days nor later than 90 days after the CERTIFICATION
BY THE COMELEC of the SUFFICIENCY OF THE
PETITION.
Constituent power Legislative power
Formulate a
Constitution
Propose amendments or
revisions to it
Ratify such proposal
Pass, repeal or amend
ORDINARY laws or
statutes
Exercised by:
Congress (by special
conferment)
Constitutional
Convention
The people
Exercised by:
Congress
The people
No need for approval of
the President
Needs approval of the
President.
Except: Initiative and
Referendum
Jus Cogens
>Pre-empotory norm of international law, means: " a
norm accepted and recognized by the international
community which no derogation is permitted and can
only be modified by a subsequent norm
Requisites of a valid ratification:
1. An election conducted under Election Law
2. Supervised by the COMELEC
3. Franchised voters take part
(Javellana vs. Executive Secretary)
ARTICLE XVIII - TRANSITORY PROVISIONS
> First elections of the members of Congress shall be
held on the second Monday of May, 1987
> the first local elections shall be held on a date
determined by the President which may be
simultaneous with the election of members of
congress.
Purpose: doh.but take note: the transition is not only
from the the Freedom Constitution, but also from the
1973 Constitution.
The members of Congress and local officials first
elected shall serve until the noon of 30 June 1992.
The first 12 Senators elected in 1992 shall serve for 6
years and the remaining 12 for 3 years.
The Constitutional commissions during the ratification
shall enjoy security of tenure of ONE YEAR.
(Gaminde vs. COA)
Did the VFA needed ratification?
> YES. Section 25 of ART. XVII covers not just the
presence of bases but also the presence of troops.
(Bayan vs. Executive Secretary)
Only American forces are allowed to have a base
agreement with the Philippines.
Sequestration
> to place under the possession or control of the
PCGG, properties like buildings, office or any records
thereto that are considered to be ILL-GOTTEN until
such can be determined through appropriate judicial
proceedings whether it is true that they are ill-gotten
Freeze order
> prohibits the person having possession or control of
property alleged to constitute ill-gotten wealth from
transferring, depleting or concealing such property. In
other words, hold and preserve the property until
further notice. (involuntary depository man!)
Provisional takeover
> imports something more than mere sequestration or
freezing. Its the placing of the business under physical
possession and control albeit with the least or without
interference of management. Here, the operations of
the business is taken over as well. This is only done by
the Marcos Administration and friends.
Search/ Seizure Warrant vs. sequestration or freezing
1. Warrant may be issued only by a judge,
whereas sequestration or freezing can be
issued by an Admin. Authority
2. Warrant issues only upon probable cause,
sequestration or freezing needs showing of a
prima facie case, a degree higher than
probable cause. This requirement compensates
for the dispensation of a judicial order.
Dont ask for lighter rain.just bring a better umbrella. 27
Constitutional Law 1 - Quickie Notes
The Constitution took effect on FEBRUARY 2, 1987, the
day of its ratification, the day the people signified
their acceptance of the draft. Not the Feb. 11, 1987,
the Presidents proclamation of the ratification of this
Constitution
..................................
CONSTI QUICKIE NOTES by Mike Gerald C. David, 1B.
based on and lifted parts from:
*** The 1987 Philippine Constitution***
A Comprehensive Reviewer
Fr. Joaquin G. Bernas, S.J.
2006 Edition
Dont ask for lighter rain.just bring a better umbrella. 28