OCT

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Political Law1 Reviewer simplified by a Freshman 2012

POLITICAL LAW1 October 2012

We are NOW in the 15th Congress

Congress begins their regular session at the 4th Monday of July each year. There are 3 regular sessions in a term of 3years, or 1 regular session per year. Congress ional POWERS. ADJOURNMENT must mean, adjournment of the regular session and not the day to day adjournment, breaks called recess or legislative district work time. LEGISL ATIVE General plenary power; Specific power of appropriation; Taxation and expropriation; Legislative investigations (Section 21, Art. VI); and Question hour (Section 22, Art. VI).2. NON-LEGISLATIVE includes power to: Canvass presidential election (Section 4, Art. VII); Declare the existence of state of war (Section 23, par.1, Art. VI); Exercise delegation of emergency powers; Call special election for President and VP (Section 10, Art. VII); Give concurrence to treaties and amnesties (Sections 19 and 21, Art. VII); Propose constitutional amendments (constituent power) (Sections 1-2, Art. XVII); Confirm certain appointments (Section 9 and 16, Art. VII); Impeach (Section 2, Art. XI); Decide the disability of President because majority of the Cabinet di sputes his assertion that he is able to discharge his duties (Section 11, Art. VII); corpus or declaration of martial law (Section 18, Art. VII); Set the rules regarding the utilization of natural resources (Section 2, Art. XII).

JOINT SESSIONS happen when they deal with the PRESIDENT and VP and when the National SECURITY is at Risk; and to propose amendments to the CONSTITUTION. Joint SESSIONS votation process
a . Voting separatel y i n a J o i n t S e s s i o n ( 5 s i t u a t i o n s ) i. Choosing the President in case of a tie in the election by the masses by majority vote (Section 4, Article VII); ii.when a doubt is raised in the capability of the president, congress within 48hours convene in a joint session to Determine the Presidents disability and decide with a 2/3 vote (Section 11, Article VII); iii.Confirming nomination of Vice-President by majority vote only(Section 9, Article VI); iv.Declaring existence of state of war by 2/3vote (Section 23, Article VI); and v.Proposing constitutional amendments by 3/4vote (Section 1, Article XVII). b . Voting jointl y i n a J o i n t S e s s i o n ( 2 s i t u a t i o n s )

CONGRESS MUST within 24 hours upon the P r es i d en t s D e c l a r a t i o n of M ar t i al L a w a nd S us p en s i on o f t he P r i v i l eg e of t h e W r i t o f H a be as C or p us

i.To revoke or extend proclamation suspending the privilege of writ of habeas corpus by majority vote only(Section 18, Article VII); and ii.To revoke or extend declaration of martial law by majority vote only(Section 18, ArticleVII).

Legislative Powers = ATE Appropriation for PUBLIC Purposes only, Taxation must be UNIFORMLY made for same classification, it must also be equitable based on the taxpayers capacity to pay. Expropriation Congress makes laws in the form of STATUTE which is the WRITTEN WILL of the legislature, solemnly express according to the FORMS necessary to constitute it as the LAW of the STATE. The power to make laws includes the power to alter or repeal the statute. Non Legislative Powers = ccdip To canvass presidential and vp votes, concur treaties and amnesties, declare existence or state of war, impeach, propose constitutional amendments. IMPLIED power = to contempt those who refuse to undergo inquiry in aid of legislation. INHERENT Power = to make open rules and discipline members. The initiation of A.P.R.I.L. is solely vest in the House of Representatives.

However in APRIL, the senate may concur, amend and even substitute the bill once it is transferred to them from the House of Representatives.
PHOHIBITIVE acts of CONGRESS imDspexbaBLia

Impair Doctrine of Separation of Powers Enactment of Ex Post Facto Law Enactment of Bill against any of the provisions of the Bill of Rights LaW Increasing the Appelate Jurisdiction of the Supreme Court.

Title of Bill shall be One Subject expressed in the TITLE.

T.A.L.A.C.A.I
Three Reading in 3 Separate Days policy. Approval of Bills, veto power of president and overriding of the veto by congress. LEGISLATIVE Inquiries APPEARANCE of Department Heads in QUESTION HOUR APPROPRIATION IMPLIED Limitations Constitutional Limitations Sub rosa means SECRECY or Confidentiality Functus officio an officer or agency whose mandate has expired either because of
the arrival of an expiry date or because an agency has accomplished the purpose for which it was created.

INITIATIVE = power of the people to propose bills independent of the legislature.

REFERENDUM = is the right of the people to reject or accept a measure passed by congress.

PLEBISCITE = is the process of making the people decide on whether to pass an act or not that was never before decided by congress.
Power of taxation is vested in congress but limitedly delegated to LGUs.
The rule of taxation shall be uniform and equitable. The Congress shall evolve a progressive system of taxation.

(2) The Congress may, by law, authorize the President to fix within specified limits, and subject to such limitations and restrictions as it may impose, tariff rates, import and export quotas, tonnage and wharfage dues, and other duties or imposts within the framework of the national development program of the Government.

(3) Charitable institutions, churches and personages or convents appurtenant thereto, mosques, non-profit cemeteries, and all lands, buildings, and improvements, actually, directly, and exclusively used for religious, charitable, or educational purposes shall be exempt from taxation. (if any part of their institution is rented out or used for business purposes, these could be taxed). (4) No law granting any tax exemption shall be passed without the concurrence of a majority of all the Members of the Congress.

Section 29. (1) No money shall be paid out of the Treasury except in pursuance of an appropriation made by law.
(2) No public money or property shall be appropriated, applied, paid, or employed, directly or indirectly, for the use, benefit, or support of any sect, church, denomination, sectarian institution, or system of religion, or of any priest, preacher, minister, other religious teacher, or dignitary as such, except when such priest, preacher, minister, or dignitary is assigned to the armed forces, or to any penal institution, or government orphanage or leprosarium. (3) All money collected on any tax levied for a special purpose shall be treated as a special fund and paid out for such purpose only (like the road users tax). If the purpose for which a special fund was created has been fulfilled or abandoned, the balance, if any, shall be transferred to the general funds of the Government.

Legislative investigation could only be done in aid of legislation.

The Senate or the House of Representatives or any of its respective committees may conduct inquiries in aid of legislation in accordance with its duly published rules of procedure. The rights of persons appearing in, or affected by, such inquiries shall be respected.P o w e r t o c o n d u c t i n q u i r i e s i n a i d o f l e g i s l a t i o n Investigative Powernot absolute; subject judicial review in view of the expanded power of the court to determine whether there has been grave abuse of discretion amounting to lack or excess of jurisdiction. Limitations: 1. The inquiry must be in aid of legislation; 2. It must be in accordance with duly published rules and procedure of the House concerned; and 3.the right of persons appearing in or affected by such inquiri e s s h a l l B E respected. 4. ATTENDANCE IS A MUST OR BE CITED FOR CONTEMPT BY CONGRESS, IN WHICH CASE, YOU COULD BE DETAINED IN THE FACILITY OF CONGRESS. Remedy: invoke the Right against Self-Incrimination like what Mrs Ligot did in the Blue Ribbon Committee of the Senate when she was being asked by the

Senators, she was always invoking her right against self incrimination, therefore she did not answer any questions of the senators.
Question hour is patterned from the parliamentary form of government used for OVERSIGHT Functions of CONGRESS to the implementation of STATUTES, laws already passed by congress. Inquiry(investigation) in aid of legislation is for the aid in crafting a new STATUTE.

For QUESTION HOUR. The heads of departments (ONLY THE HEADS) may, 1. upon their own initiative, with the consent of the President 2. upon the request of either House, with the consent of the President as the rules of each House shall provide, appear before and be heard by such House on any matter pertaining to their departments. Written questions shall be submitted to the President of the Senate or the Speaker of the House of Representatives at least three days before their scheduled appearance. Interpellations shall not be limited to written questions, but may cover matters related thereto. When the security of the State or the public interest so requires and the President so states in writing, the appearance shall be conducted in executive session.
Congressional Oversight Functions ( Makalintal vs. COMELEC, G.R. No. 157013, July 10, 2003) It embraces all activities undertaken by Congress to enhance its understanding of and influence over the implementation of legislation it has enacted. Clearly, oversight concerns postenactment measures undertaken by Congress: a. To monitor bureaucratic compliance with program objectives; b. To determine whether agencies are properly administered; c. To eliminate executive waste and dishonesty; d. To prevent executive usurpation of authority; and e. To assess executive conformity with the congressional perception of public interest. The power of oversight has been held to be intrinsic in the grant of legislative power itself and integral to the checks and balances inherent in a democratic system OF government.Th e o ve r s i g h t p o we r h a s a l s o b e e n u s e d t o e n s u r e t h e a c c o u n t a b i l i t y o f regulatory commissions like the SEC. Unlike other ordinary administrative agencies, these bodies are independent from the executive branch and are outside the executive department in the discharge of their functions.

Categories of Congressional Oversight Functions: a. Scrutiny implies a lesser intensity and continuity of attention to administrativeoperations. Its primary purpose is to determine economy and efficiency of theoperation of government activities. In the exercise of legislative scr

utiny Congress may request information and report from the other branches of government. It can give recommendations or pass resolutions for consideration of the agency involved. It is based primarily
on the power of appropriation of Congress. But legislative scrutiny does not end in budget hearings. Congress can ask the heads

of departments to appear before and be heard by either the House of Congress on any matter pertaining to their department. Likewise, Congress exercises legislative scrutiny thru its power of confirmation to find out whether the nominee possesses the necessary qualifications, integ rity and probity required of all public servants. b. Congressional investigation involves a more intense digging of facts. It is recognized under Section 21, Article VI. Even in the absence of constitutional mandate, it has been held to be an essential and appropriate auxiliary to the legislative functions. c. Legislative supervision it connotes a continuing and informed awareness on the part of congressional committee regarding executive operations in a given administrative area. It allows Congress to scrutinize the exercise of delegated law- making authority, and permits Congress to retain part of that delegated authority.Congress exercises supervision over the executive agencies through its veto power. It typically utilizes veto provisions when granting the President or an executive agency the power to promulgate regulations with the force of law.
These provisions require the President or an agency to present the proposed regulations to Congress, which retains a right to approve or disapprove any regulation before it takes effect. Such legislative veto provisions usually

provide that a proposed regulation will becomea law after the expiration of a certain period of time, only if Con gress does not affirmatively disapprove of the regulation in the meantime. Less
frequently, the statuteprovides that a proposed regulation will become a law if Congre ss affir-mativelyapproves it.

War powers is only limited to the declaration of an EXISTENCE of war and not on a Declaration of GOING TO War. THE WAR POWER. The Congress, by a vote

of 2/3 of both houses in joint session assembled, voting separately, shall have the sole power to declare the existence of a state of war.

Power to judge physical fitness to discharge the functions of the presidency. Power to revoke/extend suspension of writ of habeas corpus. Power to concur presidential amnesty.

Grounds for impeachment

Impeachable offenses The Constitution limits the offenses to the following: culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust. In the 1935 and 1975 constitution, betrayal of public trust was not an impeachable offense. Culpable violation of the constitution For purposes of impeachment, "culpable violation of the Constitution" is defined as "the deliberate and wrongful breach of the Constitution." Further, "Violation of the Constitution made unintentionally, in good faith, and mere mistakes in the proper construction of the Constitution, do not constitute an impeachable offense." Treason According to the Revised Penal Code, treason is defined as "Any Filipino citizen who levies war against the Philippines or adheres to her enemies, giving them aid or comfort within the Philippines or elsewhere." Bribery The Revised Penal Code defines bribery in two forms: Direct bribery is "committed by any public officer who shall agree to perform an act constituting a crime, in connection with the performance of this official duties, in consideration of any offer, promise, gift or present received by such officer, personally or through the mediation of another." Indirect bribery is "committed by a public officer when he accept gifts offered to him by reason of his office." Graft and corruption Any violation of the Republic Act No. 3019, or the Anti-Graft and Corrupt Practices Act is an impeachable offense. Other high crimes or betrayal of public trust

In Francisco Jr. vs. Nagmamalasakit na mga Manananggol ng mga Manggagawang Pilipino, Inc., the Supreme Court purposely refused to define the meaning of "other high crimes or betrayal of public trust," saying that it is "a nonjusticiable political question which is beyond the scope of its judicial power ." However, the Court refuses to name which agency can define it; the Court impliedly gives the power to the House of Representatives, which initiates all cases of impeachment. Impeaching officials
1. 2. 3. 4. 5. Any citizen with an endorsement of a member of the House of Representative may file charges. The House Committee on Justice will decide by majority vote if the complaint has substance. The House Committee on Justice will decide by majority vote if the complaint is sufficient in form. The House Committee on Justice will decide by majority vote if the complaint is sufficient in grounds.

The House Committee on Justice will decide by majority vote if there is probable cause
in the complaint.

6. The House of Representatives will vote to impeach the official. A one-third vote is needed.

 If the vote passes, the complaint will become the "Articles of Impeachment" and the House will appoint prosecutors who may or may not be members of the House but subject to the supervision of members of the house.

If it passes the 1/3 requirement, the official for impeachment procedure shall now be called an IMPEACHED official.

If the vote fails in any part of the procedure, the official accused can't be filed for impeachment for one calendar year. (only 1 impeachment may be initiated per year) The Senate will be sole venue for the trial of the impeached official. Conviction requires a
two-thirds vote.

7.

8. If convicted, there are two punishments the Senate can mete out:

Censure or a reprimand, or Removal from office and perpetual prohibition to hold any governmental office.

DISCIPLINE OF MEMBERS (Section 16, par. 3, Article VI)

E a c h h o us e m a y pu ni s h i t s m em b er s f o r di s or de r l y be ha v i or an d , w i t h concurrence of 2/3 of all its members, suspend (PENALTY of suspension for not more than 60 days) or expel a member. The interpretation of disorderly behavioris the prerogative of the Houseconcerned and cannot be judicially reviewed.In Osmea vs. Pendatun, 109 Phil 863,the determination of the acts whichconstitutes disorderly behavior is within the full discretionary authority of the Houseconcerned, and the Court will not review such determination, the same being a politicalquestion.
Members of Congress may be PREVENTIVELY suspended by the by the Office of the Ombudsman.If preventive suspension is challenged, It is the Sandiganbayan who shall decide if the preventive suspension by the ombudsman is with grounds. ( Paredes vs. SAndiganbayan, G. R. No. 118364, August 10, 1995;

Santiago vs. Sandiganbayan, G.R. No. 128055, April 18, 2001)

The suspension from CONGRESS in the Constitution is different from the suspension prescribed in the latter is not a penalty but a preliminary preventive measure and is not imposed upon the petitioner for misbehavior as a member of Congress. (Paredes vs. Sandiganbayan, G.R. No. 118364,

August 10, 1995)

In Miriam Defensor-Santiago vs. Sandiganbayan, G.R. No. 128055, April 18,2001, Section 13 of RA 3019 (where it appears to be a ministerial duty of the court toissue the order of suspension upon a determination of the validity of the criminal information filed before it) does not state that the public officer should be suspended only in the office where he is alleged to have committed the acts charged.

Furthermore, the order of suspension provided in RA 3019 (anti graft and corrupt practices act of 1989) is distinct from the power of Congress to discipline its own ranks. Neither does the order of suspension encroach upon the power of Congress. The doctrine of separation of powers, by itself, is not deemed to have effectively excluded the members of Congress from RA 3019 or its sanctions. Suspension by the SANDIGANBAYAN is not a penalty, it is only a
PREVENTIVE suspension so the elected member of CONGRESS may not be able to interfere in the investigation using his congressional power.

Discipline of Members by congress needing at least 2/3 vote of ALL

MEMBERS is PENALTY of suspension of not more than 60 DAYS. RA6770 The OMBUDSMAN ACT allows the ombudsman to PREVENTIVELY Suspend a government official for at most 6MONTHS while the investigation and trial are on-going.
RA 3019 Anti-graft and corruption gives a Preventive suspension of maximum of 60 days for everyAdministrative Case. Section 11. Prescription of offenses. All

offenses punishable under RA3019 shall prescribe in ten years.

RA3019 Section 12. Termination of office. No public officer shall be allowed to resign or retire pending an investigation, criminal or administrative, or pending a prosecution against him, for any offense under this Act or under the provisions of the Revised Penal Code on bribery. NOTE: THIS DID NOT HAPPEN WHEN MERCEDITAS GUITTIEREZ RESIGNED AS OMBUDSMAN FOLLOWING AN IMPEACHMENT COMPLAINT BASED ON ARTICLES OF IMPEACHMENT, THE REASON WAS IT WAS NOT THE SANDIGANBAYAN WHO HAS JURISDICTION but the SENATE.
ADMINISTRATIVE CASES IN VIOLATION OF RA3019 COULD BE FILED IN THE CHIEF EXECUTIVES OFFICE OR THE SANDIGANBAYAN.

For ADMINISTRATIVECASES filed in the Chief Executives office, The Presidents office is the venue for filing complaints against elected officials of Provinces, Independent component cities, and highly urbanized cities, and component cities. While you file the complaint to the Chief Executives Office, it shall be the Sanggunian concern who shall hear and try the case and shall make the findings and recommendation to the Chief Executive for his execution of judgement. Sangguniang Panlalawigan will try COMPLAINTS AGAINS municipal officials for municipalities, the decision of the Sanggunian Panlalawigan could be appealed to the office of the president, Sanggunian Panlungsod or Pambayan for barangays whose decisions are final and executory, are the ones that makes the trial and investigation.

The issuances of PREVENTIVE SUSPENSION will be done by the President, Governor, Mayor as the case maybe.
RA 3019 Anti-graft and corruption gives a Preventive suspension of maximum of 60 days for everyAdministrative Case. Preventive suspension may be
imposed at any time after the issues are joined, when the evidence of guilt is strong, and given the gravity of the offense, there is great probability that the continuance in office of the respondent could influence the witnesses or pose a threat to the safety and integrity of the records and other evidence: Provided, That, any single preventive suspension of local elective officials shall not extend beyond sixty (60) days: Provided, further, That in the event that several administrative cases are filed against an elective official, he cannot be

preventively suspended for more than ninety (90) days within a single year on the same ground or grounds existing and known at the time of the first suspension. If it has many grounds, maximum of 90 days

PREVENTIVE SUSPENSION per year only.

RA 3019 Section 67. Administrative Appeals. - Decisions in administrative cases may, within thirty (30) days from receipt thereof, be appealed to the following:

(a) you may appeal to the sangguniang panlalawigan, in the case of decisions of the sangguniang panlungsod of component cities and the sangguniang bayan; ( This contradicts RA3019 section61 paragraph (c) A complaint against any elective barangay
official shall be filed before the sangguniang panlungsod or sangguniang bayan concerned whose decision shall be final and executory. )

(b) The Office of the President, in the case of decisions of the sangguniang panlalawigan and the sangguniang panlungsod of highly urbanized cities and independent component cities. Decisions of the Office of the President shall be final and executory.

investigation of the case shall be terminated within ninety (90) days from the start thereof . Within thirty (30) days after the end of the investigation, the DECISION shall be made and
Section66

RA3019. The

immediately EXECUTED. Within 30 days from the DECISION, it could be APPEALED.

RA3019 Section 68. Execution Pending Appeal. - An appeal shall not prevent a decision from becoming final or executory. The

respondent shall be considered as having been placed under preventive suspension again and not yet SUSPENDED BY PENALTY during the pendency of an appeal. In the event the appeal results
in an exoneration, he shall be paid his salary and such other emoluments during the pendency of the appeal. The decision could be SUSPENSION as penalty (preventive suspension is not a penalty and is different from SUSPENSION as penalty) for not more than 6months (RA6019), or removal from office.

If the penalty is only suspension, such elective official may still run for office.
If the penalty is removal from office, such official may no longer run for any office. RA3019. A PENALTY of Suspension may be done only if it

is executed more than 90days before the election and shall not be lifted until he shall have served it, it shall not however, exceed the unexpired term of the official.
*ALL TRIALS and INVESTIGATIONS stops 90days before the next election

***Please always distinguish PREVENTIVE SUSPENSION from SUSPENSION as a PENALTY. NO LOCAL OFFICIAL may be preventively suspended 90 days before an election. Investigation and trial also stops 90days before an election.
If he was PREVENTIVELY suspended before the ninety day ban, such PREVENTIVE suspension shall be lifted 90days prior to the local election (this is to prevent such PREVENTIVE suspension from being used for harassment and intimidation for elections purposes). Again, note that preventive suspension is not a penalty but is only done so the official charged cannot interfere with the investigation in his official capacity. Section63 of RA3019 (d) Any abuse of the exercise of the power of preventive suspension shall be penalized as abuse of authority.

RA6770 Ombudsman Act of 1989

(a) To conduct preliminary investigation and prosecute criminal cases within the jurisdiction of the Sandiganbayan.

Section 13. Mandate. The

Ombudsman and his Deputies, as protectors of the people, shall act promptly on complaints filed in any form or manner against officers or employees of the government, or of any subdivision, agency or instrumentality thereof, including government-owned or controlled corporations, and enforce their administrative, civil and criminal liability in every case where the evidence warrants in order to promote efficient service by the
Government to the people.

Section 21. Officials Subject to Disciplinary Authority; Exceptions. The Office of the Ombudsman shall have disciplinary authority over all elective and appointive officials of the Government and its subdivisions, instrumentalities and agencies, including Members of the Cabinet, local government, government- owned or controlled corporations and their subsidiaries. EXCEPT OVER OFFICIALS who may be removed only
by impeachment or over Members of Congress, and the Judiciary. However, if members of congress or judiciary, performed the grave abuse of discretion during their tenure as officials in the EXECUTIVE department, they can be PREVENTIVELY SUSPENDED even if they are CONGRESSMEN. Congressmen

include senators and members of the House of Representatives. Case of Senator Miriam Santiago.

The preventive suspension (not considered a PENALTY) shall continue until the case is terminated by the Office of the Ombudsman but not more than
RA6770 OMBUDSMAN ACT of 1989.

six months, without

pay, except when the delay in the disposition of the case by the Office of the Ombudsman is due to the fault, negligence or petition of the respondent, in which case the period of such delay shall not be counted in computing the period of suspension herein provided.(Meaning it could be more than 6months because the delayed days that were hampered were because of the negligence of the respondent.)

Power relative to natural resources

REGALIAN DOCTRINESection 2, Article XII

All lands of the public domain, waters, minerals, coals, petroleum and other mineral oils, all forces of potential energy, fisheries, forests, or timber, wildlife, flora and fauna, and natural resources belong to the State. With the exception of agriculturallands, all other natural resources shall not be alienated.
To prove that the land subject of an application for registration is alienable, an applicant must conclusively establish the existence of a positive act of the government such as a presidential proclamation or anexecutive order, or an administrative action, investigation reports of the Bureau of Lands Investigator or alegislative act or statute. Until then, the rules on confirmation of imperfect title do not apply. A certification of

the Community Environment and Natural Resources Officer (CENRO) in the DENR stating that the land subject of an application is found to be within the alienable and disposable site in a land classification project map is sufficient evidence to show the real character of the land subject of the application. (this has been abused by the DENR in granting FORESHORE lands, beach properties, boracay beaches to private applicants. DENR certified these lands as AGRICULTURAL Lands and are as such ALIENABLE and Disposable) (RP vs. Candy Maker, Inc., G.R. No. 163766,June 22, 2006)

Classification of Lands of the Public Domain: 1.Agricultural; 2.Forest or timber; 3.Mineral lands; and 4.National parks.
Private Lands General Rule: No private land shall be transferred or conveyed except to
individuals, corporations or associations qualified to acquire or hold lands of the public domain.

Exceptions:
1.Foreigners who inherit through intestate succession;

2.Former naturalborn citizen may be a transferee of private lands subject tolimitations provided by law; 3.Ownership in condominium units; (because CONDOS only have aerial rights and not any Title to the LAND)
4.Parity rights agreement, under 1935 Constitution . (Parity Right is an amendment to
the 1935 Constitution which granted to Americans equal rights with Filipino citizens to develop and exploit natural resources of the Philippines and to operate public utilities in the country. That was the deal

required by the US in exchange for the funds poured into the Philippines for its rehabilitation after the war.)

Stewardship Doctrine private property is supposed to be held by the individual only as a trustee for the people in general, who are its real owner.

Filipino First Policy in the grant of rights, privileges, and concessions covering
the national economy and patrimony, the State shall give preference to qualified Filipinos. (G.R.P.C. to National Economy and Patrimony shall give preference to Qualified Filipinos)

(2nd paragraph, Section 10, Article XII)This provision is selfexecuting. It is mandatory, positive command which iscomplete in itself and which needs no further guidelines or implementing laws or rules for its enforcement. From its very words the provision does not require any legislation to put it in operation. It is per se judicially enforceable. When our Constitution mandates that in the grant of rights, privileges, and concessions covering the national economy and patrimony, the State shall give preference to qualified Filipinos, it means just thatqualified Filipinos must be preferred. (Manila Prince Hotel vs. GSIS, G.R. No. 118295,May 2, 1997)
Power to propose amendments to the constitution. Art17 secs 1 and 2 Congressmen(Senators and members of House of Reps) are Free FROM arrest and haveIMMUNITY from anything said in a Privileged Speech including any discussions, reports that were made in committees in furtherance of the purpose of passing a legislation. (note: committee hearings could be done outside of congress)

A Senator or Member of the House of Representatives shall, in all offenses punishable by not more than six years imprisonment, be privileged from arrest while the Congress is in session. (Congress has 1 regular session per year). 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. As to the ELECTORAL TRIBUNAL, for Representatives it shall be HRET, for Senators SET. Section 17. The Senate and the House of Representatives shall each have an Electoral Tribunal which shall be thesole judge of all contests relating to the election, returns, and qualifications of their respective Members. Each Electoral Tribunal shall be composed of nine Members, three of whom shall be Justices of the Supreme Court to be designated by the Chief Justice, and the remaining six shall be Members of the Senate or the House of Representatives, as the case may be, who shall be chosen on the basis of

proportional representation from the political parties and the parties or organizations registered under the party-list system represented therein. The senior Justice in the Electoral Tribunal shall be its Chairman.
For HRET composition, it is 3Justices from supreme court plus 6 district representatives appointed by their party reflecting party composition in the House of Representative. For SET(senate electoral tribunal) composition, it is 3 Justices from supreme court plus 6 senators appointed by their party reflecting party composition in the SENATE.

HRET and SET although attached to the Congress, has separate and distinct personality. It was created as a non-partisan court . It must be independent of Congress and devoid of partisan influence and consideration. Members of HRET, once appointed thereto, they sh a l l b e a c c o r d e d t h e r e t o o f s e c u r i t y o f t e n u r e t o e n s u r e t h e i r i m p a r t i a l i t y a n d independence. If there is CONFLICT of Interest (up to 4th civil degree), the HRET member shall be replaced. If the HRET member dies, or could not legally perform his function because of a legal impediment, he shall be replaced. If the HRET member VOLUNTARY RESIGNS to be a member of his PARTY, he would be replaced by the Party as its HRET representative. (If he is a member of the HRET, although he maybe representing his party, he could vote agains his partymate in his decision in such an election protest and he could not be replaced by his party for such act. The case of Bondoc v. Pineda, supra)

DOCTRINE OF INAPPROPRIATE PROVISION

Section 25 (2), Article VIA provision that is constitutionally inappropriate for an appropriation bill may besingled out for veto even if it is not an appropriation or revenue item.

Executive Impoundment
refusal of the President to spend funds already allocated by Congress for specific purpose. It is the failure to spend or obligatebudget authority of any type. This power is derived from Sectio

n 38 of theAdministrative Code of 1987 on suspension. Appropriation Reserves Section 37 of the Administrative Code authorizes the Budget Secretary toestablish reserves against appropriations to provide for contingencie s and emergencies which may arise during the year . This is merely expenditure deferral, not suspension, since the agencies concerned can still
draw on the reserves if the fiscal outlook improves.

Legislative Veto

a congressional veto is a means whereby the legislature canblock or modify administrative action taken under a statute. It is a f

orm of legislative control in the implementation of particular executive action. The form may either be: a.Negative subjecting the executive action to disapproval by Congress; or b.Affirmativerequiring approval of the executive action by Congress. A congressional veto is subject to serious questions involving the separation of powers. Non-action of congress implies an affirmative action. Local Chief Executives have veto power except the Punong Barangay. POWER OF APPROPRIATION The spending power, called the power of purse belongs to the Congr ess,subject only to the veto power of the President. it carries with it a power to specify theproject or activity to be funded under the appropriation law. Appropriations Law A statute, the primary and specific purpose of which is toauthorize release of public funds from the treasury.The existence of appropriations and the availability of funds are indispensablepre-requisites to or conditions sine qua non(PRE-REQUISITE), for the execution of government contracts.

Membership in QUORUM of CONGRESS is determined if such member is within the COERCIVE powers of congressto physically pull the body of such member inside the session hall for his Physical Attendance. Congress sends its Sergeant at Arms and its personnel to bodily force a congressman to be in halls of congress to have a quorum. If the congressman is in another country, the sergeant at arms does not have the jurisdiction and authority in such other country, hence such member of congress should not be counted in the membership of congress in the determination of a quorum.

PRESIDENTIAL TEMPORARY INCAPACITY.

The President may write to the Senate President and House Speaker if any physical incapacity is hampering him to perform his duties. After which the Vice President shall ACT as President until such incapacity is cured. If Majority of the Cabinet feels the president is unable and incapable of performing his duties, they shall write to the Leadership of both Houses. If such letter is not NEGATED or contradicted by the President in writing, the Vice President shall Act as President until such incapacity is cured.

When the PRESIDENT negates the report/letter of Majority of the Cabinet in writing that he is incapacitated, the Majority of the Cabinet has a maximum of 5days to rebut the negation of the President. Here a DOUBT is created. When there is doubt in the capability of the President to run the affairs of the country and the MAJORITY OF Cabinet sends a letter to Congress to Declare the President as Incapacitated, congress within 48 hours shall convene their JOINT session and within 10days from the start of such session , or 12 days upon receipt of letter from the cabinet that president is not fit for office, CONGRESS must decide and declare if the president is fitwith a required 2/3 vote of BOTH HOUSES voting separately, if they decided that the president is not fit, then the Vice President Takes over as President during the incapacity of the President. When the president is seriously ill and/OR may die from such illness, the National Security Adviser, Foreign Affairs Secretary, and Chief of stall of the Armed Forces of the Philippines shall not be denied access to the President during such
illness.

Upon the Death of President and Vice President, on the 3rd Day after such vacancy, congress shall convene at 10am on SESSION and within 7 days from the start of the convening or 10days from the vacancy , enact a law for special election and decide the date of the special elections but should not be earlier than 45 days and not later than 60days from such passage of the BILL, to give time for Candidates to Campaign for at least 45 days. APPROPRIATIONS for the special elections shall come from any current appropriations for anything, without need of passing any appropriation for special elections purposes. SPECIAL ELECTIONS are allowed only if it is more than 180 days prior to the next election. This is to save unnecessary expense for a special election. Meanwhile, it shall be the Senate President who shall be the Acting
President.

If the ACTING President dies or is legally incapacitated, CONGRESS by LAW shall pass a BILL on who shall serve as ACTING PRESIDENT. Note: ACTING PRESIDENTS do not have Acting Vice Presidents that is why when they die, congress will have to pass a law on who shall be the next acting president. Such Acting President shall serve until a new President and Vice President are elected.

When the President dies or is legally incapacitated, the Vice President shall SUCCEED as PRESIDENT. He shall choose among the members of the Senate or the House of Representative on who shall be Vice President. A concurrence is NEEDED With a Majority vote from both houses voting
separately.

No person who has succeeded as President and has served for MORE than 4YEARS could run for election as president at anytime. If there is a question on the winning President and such is not yet settled, the Vice President Elect shall ACT as President until such a President is CHOSEN or Qualified.

Oath of Office of President and Vice President

I do solemnly swear (or affirm) that I will faithfully and conscientiously fulfill my duties as President (or Vice President or ACTING President) of the Philippines, preserve and defend its constitution, execute its laws, do justice to every man, and consecrate myself to the service of the Nation. So help me GOD. (in case of affirmation, last sentence shall be
omitted) According to CORWIN, when the president says he shall preserve and defend the constitution, it does not AUTHORIZE him to EXCEED HIS OWN POWERS under the constitution under the PRETEXT of preserving and Defending IT.
ALL CABINET MEMBERS MAY NOT HOLD MORE THAN 1 OFFICE, EXCEPT WHEN SUCH OFFICES ARE IN EX-OFFICIO capacity, or those required by the primary functions of the executive office concerned do not fall in the definition, in any other office. Being a HEAD of an EXECUTIVE Department is a full time job requiring full attention, specialized knowledge, skills and expertise. He should be precluded from dissipating his efforts, attention and energy among too many positions of responsibility which may result to haphazardness and inefficiency. The PRESIDENTs executive power is not absolute. Where the list of his powers have been enumerated, this restricts his perceived Blanket Authority on all that shall need

executive decision and action as stated in the latest Supreme Court decision on the case of VP/DFA Sec. Salvador Laurel vs Garcia, supra, on the sale ofPhilippine Properties in Roponggi,Japan with authority from President Cory but without a statutory authority coming from congress. The supreme court said, Laurel needs authority from CONGRESS to sell these properties.

The president has the sole power to RATIFY treaties through his signing
and agreement to a treaty or agreement. In the case of Bayan v. Executive secretary, supra, the Supreme Court decided that the CONCURRING POWER of the SENATEs

2/3 vote is limited to amendments to the treaty and not to reject said treaty. The President must submit to CONGRESS within 30days from the start of the regular session the proposed budget expenditure for the next year, and its
sources of financing includingupdated receipts measures and targets of proposed revenue measures. of existing revenue

COMMISSION is

the TERM for a written EVIDENCE of APPOINTMENT. But

appointments may also be made VERBALLY.

DESIGNATION to an office is a TEMPORARY Appointment with ADDITIONAL

DUTIES to an official of government already in that particular department. (not subject to confirmation) TEMPORARY Appointments are those made to people who do not possess eligibility and the necessary requirements and can be removed any time at will without need to justify or investigate any wrong doing. (not subject to confirmation) PERMANENT appointments are those with eligibilities and are protected by the constitutions provision of security of tenure. These are Regular and AD Interim Appointments

APPOINTMENTS are PERMANENT in nature.

APPOINTMENTS which need CONSENT FROM THE Commission of Appointments.

Ambassadors, public ministers, consuls Cabinet Members or Heads of Executive Departments Officers of the Armed Forces from Colonel EQUIVALENT to Naval Captain and up. Officers of Governments whose appointments are not provided for by law like the JBC.

Those whom the president may be authorized by law to appoint like the Chairman of SBMA Other officers whose appointments are vested in him by the constitution ????

Other officials Lower in Rank from those stated above need not pass the Commission on Appointments confirmation.
LOWER IN RANK means those lower in rank to those directly under the President like the Secretaries of the different Executive Departments. CONGRESS may limit appointing power of the president by prescribing QUALIFICATIONS for Public Office like those imposed in the appointments of JUDGES needing minimum number of years in the PRACTICE OF LAW. REGULAR APPOINTMENTS first ,president nominates, then, the commission on appointments confirms nomination, after the confirmation is made, the President COMMISSIONS the confirmed appointee.
AD INTERIM APPOINTMENTS the president COMMISSIONS the appointee because Congress is in RECESS, upon resumption of Session, congressional Commission on Appointments may confirm appointment, if they do not tackle the appointee until the adjournment of the Regular Session, HE IS DEEMED to be BYPASSED. The president may re-appoint a bypassed appointee. The president may not re-appoint a rejected appointee EXPRESSLY made by the commission on appointments. AD INTERIM Appointments are made by the president to avoid the hiatus in the discharge of official duties of an executive department.

AN appointee who does not accept his appointment will give the appointing authority to validly withdraw his appointment (i.e. in cases where elected officials opt to stay in elective office).

Two months or 60days prior to the next PRESIDENTIAL election and up to the end of the Presidents term, only TEMPORARY APPOINTMENTS maybe made to offices which need to be filled to continue PUBLIC SERVICE and ensure PUBLIC SAFETY.
Acting Presidents may make appointments and shall remain effective unless revoked by the elected president within 90days from the elected Presidents assumption of office. APPOINTMENTS which expire together with the end of the Presidents term like Heads of Executive Departments ARE UNDER THE PREROGATIVE OF THE PRESIDENT. The president may remove such appointee anytime, and such

removal shall be considered as an expiration of his term in office and not an unjust removal. CABINET MEMBERS are ALTER EGOs of the president and are at all times

subject to the disposition of the President.

As ALTER EGOs, they have power of CONTROL over ALL their SUBORDINATES. CONTROL POWER of the President ( MAN STD )

Power to Modify, Alter, Nullify any actions a subordinate may have done. It is also the power to Substitute The Decision of the subordinate with the decision of the president. Authority to order the doing of an act or the undoing of an act or to assume the power directly vested in him by law.
DEPARTMENT HEADS KNOWN AS CABINET SECRETARIES ARE ALTER EGO OF THE PRESIDENT IN THEIR DEPARTMENT. THEY ENJOY THE CONTROL POWER IN THEIR DEPARTMENT BECAUSE THEY ARE THE ALTER EGO OF THE PRESIDENT. SUPERVISION is only to SEE TO IT that the rules are followed. Supervisor

himself does not make the rules, does not have authority to modify or replace rules.

SUBORDINATES

the case of the Customs Commission, Hebron vs Reyes,supra, where the president assumed jurisdiction over an administrative case which the civil service is to settle over

of

Subordinates like

the government employee who had civil service eligibility, the presidents action on removing such employee from government
service wasuncontitutional.

The Control POWER of the President over all employees of the executive branch is the power to do or undo acts and set aside decisions of any of its employees in theperformance of their duties but not to remove these employees which should have been the jurisdiction of the civil service on finding grounds for removal.
LAWS a President must enforce (ConStat JALT)

a. b. c. d. e.

Constitution Statutes Judicial Decisions Administrative Rules and Regulations Local Ordinances f. Treaties entered by our Government including Doctrine of Incorporation

The President must execute the LAWS, unless the Judiciary declares such law as unconstitutional. The President shall Do Justice To Every Man, the president need not be vigorous in executing laws which he may have doubts on its constitutionality, while awaiting for the supreme court to decide on it.

MILITARY POWERS of the PRESIDENT In case of Lawless Violence, the president may call on the military to help the police in maintaining peace and order. In cases of invasion or rebellion WHEN THE PUBLIC SAFETY IT, the president may declare Martial Law for a maximum of SUSPEND the privilege of the writ of Habeas Corpus only judicially charged with rebellion or offenses inherent in connected with invasion for a maximum of 60days.

REQUIRES
60days and to persons or directly

The SUPREME COURT upon the filing of challenge in court by any citizen may ANNUL the declaration of Martial Law and the SUSPENSION of the PRIVILEGE of the writ of habeas Corpus if it is not based on INVASION or REBELLION when the PUBLIC Safety REQUIRES IT. The court must make its DECISION within 30days from such filing. During the suspension of the privilege of the writ of habeas corpus, any person thus arrested or detained shall be charged judicially within 3 days from arrest, otherwise, he shall be released. THE RIGHT TO BAIL of
the accused rebel shall not be impaired even with the suspension of the privilege of habeas corpus. If you are inherently or directly involved in invasion, you are automatically arrested and your privilege for the writ of habeas corpus is automatically suspended for 3 days, once you are Judicially Charged for rebellion, your

privilege on the writ of habeas corpus is suspended till the end of the time congress may allow for such suspension. (Habeas corpus is only needed when you are in DETENTION) CONGRESS if not in session shall automatically convene a JOINT session within 24hours from such declaration. After 48hours from such declaration of the President,

the president may report in Person in Congress in the Joint Session to report on the status of the country or he may submit a written report to congress. CONGRESS

VOTING JOINTLY with a mere majority vote may sustain, repeal or extend
Martial Law and the SUSPENSION of the privilege of the writ of habeas corpus.

DURING MARTIAL LAW, Civilian Authority is at all times Supreme over the Military, therefore, even in martial law, Civilians having civil offenses
are still under the jurisdiction of Civil COURTS that have remained open and have been regularly functioning. . Judicial Power is exclusively vested by the constitution in the Supreme Court and such other inferior courts. Judicial power exists only in the courts, which have exclusive power TO HEAR, and DETERMINE those MATTERS which affect the LIFE, LIBERTY or PROPERTY of a CITIZEN. MARTIAL LAW refers to that LAW which has application when the MILITARY ARM does not supercede civil authority but is called upon to aid it in the execution of its civil function. Military powers have been called upon by the president to assist him in the maintenance of Law and ORDER and that while the emergency lasts,CITIZENS must , upon pain of arrest and punishment, not commit any act which will in any way render difficult the restoration of order and enforcement of LAW. This is a necessity which justifies the infringement uponprivate rights of person and property.

POLICE are not NOW not part of the ARMED FORCES, they are a NOW a Bureau under the DILG.

PARDONING POWER of the President, refer to CRIMINAL Law1 notes.

JUDICIARY
Independence of the Judiciary To maintain the independence of the Judiciary, the following safeguards have been embodied in the constitution; 1. The Supreme Court is a constitutional body. It cannot be abolished nor may its membership or manner of its meetings be changed by mere legislation. 2. The members of the Supreme Court may not be removed except by IMPEACHMENT. 3. The Supreme Court may not be deprived of its MINIMUM original and appellate jurisdiction as prescribed in Article VIII, section5 of the constitution. 4. The appellate Jurisdiction of the Supreme Court may not be increased by law without its advice and concurrence. 5. Appointees to the Judiciary are now nominated by the Judicial Bar Council and no longer subject to confirmation by the Commission on Appointments. 6. The Supreme Court now has administrative supervision over all lower courts and their personnel. 7. The Supreme Court has exclusive power to discipline Judges of Lower Courts. 8. The members of the Supreme Courts and all lower courts have security of tenure, which cannot be undermined by a law reorganizing the judiciary. 9. They shall not be designated to any agency performing quasi-judicial or administrative functions. 10. The salaries of judges may not be reduced during their continuance in office. 11. The judiciary shall enjoy fiscal autonomy. 12. The Supreme Court alone may initiate rules of court. 13. Only the Supreme Court may order the temporary detail of judges. 14. The Supreme Court can appoint all officials and employees of the judiciary.

SUPREME COURT shall have 1 Chief Justice and 14 ASSOCIATE JUSTICE. (1+14 = 15members)
It sits en banc to decide on cases.
It can at its discretion have DIVISIONS, divisions may have 3 or 5 or 7 members. (3+5+7=15members). The supreme court working in DIVISIONS may have 3Divisions working simultaneously in deciding different cases. The logic for this is to decide on more cases simultaneously. If the supreme court sees that a case may

be handled by 3justices only, then the DIVISION to handle it shall be the DIVISION with 3members. If the Case at the Supreme Courts discretion should be handled by 5justices, then the case shall be given to the DIVISION with 5members. HOWEVER, the SUPREME COURT NOW has DECIDED to

have 3 DIVISIONS with 5fixed MEMBERS EACH. IF the case

needs the attention of the 15members, then the Supreme Court will sit En Banc.

COURTS are PASSIVE INSTRUMENTS and can only ACT when their JURISDICTION IS INVOKED through filing of cases or petition or special civil actions or any other accepted forms.
Automatic EN BANC CASES

1.

2. 3. 4.

Constitutionality of Laws , including treaties, international and executive agreements Application or operation of PRESIDENTIAL Decrees, PROCLAMATIONS, LOI, Orders Presidential Regulations called IRRs or RULES of Executive Departments. Presidential Ordinances???? REQUISITES: There must be actual controversy. (NOT HYPOTHETICAL or mere apprehension, allegation of actual injury however is not required because is in immediate danger is the minimum requirement) The question of constitutionality must be raised by a party with locus standi or legal standing. The constitutiuonal question must be raised at the EARLIEST POSSIBLE TIME. The decision of the constitutional question must be necessary to the determination of the case itself.
THESE SHALL BE DECIDED BY THE MAJORITY who took part in the deliberation. Take note, the majority needed is not the 15members but only counted against those who deliberated and VOTED. Those who were absent during the voting or those who abstained shall not be counted in the determination of MAJORITY. How may this happen? The minimum requirement to have an En Banc session is majority of 15 which is 50% plus 1. (15/2 = 7.5, 7.5+1 = 9, majority of 9 is 9/2 + 1 = 6.) In the OLD ORTHODOX VIEW, AN UNCONSTITUTIONAL Act is not a law, it confers no rights, it imposes no duties, it affords no protection, it creates no office, it is in legal contemplation INOPERATIVE as if it had not been passed. Under the NEW MODERN VIEW, the COURT in passing a question of constitutionality does not annul or repeal the STATUTE if it finds it in CONFLICT with the CONSTITUTION. It simply refuses to recognize it and determine the rights of the parties (who raised the question) just as if such statute had no

existence. The decision affects thePARTIES only (no one else is bound or affected or benefitted) and there is no JUDGMENT against the statute. IT DOES NOT REPEAL, REVOKE, SUPERCEDE or annul the STATUTE. COURTS

use both old and modern view, but, now because of respect for Separation of Power hesitate to declare a law as TOTALLY UNCONSTITUTIONAL. Nevertheless, a declaration of Partial Unconstitutionalitywill be valid only on TWO CONDITIONS:
1.Legislature is willing to retain valid portions only which is reflected in the SEPARABILITY CLAUSE of the statute. 2. Valid Portions are able to stand on their own as a separate statute.

Discretion on giving cases to DIVISIONS are Cases on QUESTIONs of LAW on cases already decided by the Lower Courts pending APPEAL.
CERTIoRARI , is a special action to rectify grave abuse of discretion amounting to lack or excess of jurisdiction on any part or instrumentality of any branch of government. PROHIBITION, is MANDAMUS, is a special civil action to mandate performance, when there is unlawful neglect in the performance of an act which the law specifically enjoins as a duty resulting from an office, trust, station, or unlawfully excluding others from use and enjoyment of a Right or Office to which such others are entitled, and there is no other plain, speedy, and adequate remedy in the ordinary course of law. QUO WARRANTO is an action for usurpation of office or franchise or against a corporation for violation of its charter or for misuse, no-use or forfeiture of its rights and privileges. HABEAS CORPUS shall extend to all cases of illegal confinement or detention by which any person is deprived of his liberty, or by which the rightful custody of any person is withheld from the person entitled thereto. Concurrence must be a majority of only those who took part in the deliberation and voting and in NO CASE without the concurrence of AT LEAST 3 (THREE). If the minimum required 3concurring votes is not acquired, then the case shall automatically be passed to the COURT En BANC.

Section1. The judicial Power shall be vested in one SUPREME COURT and in such lower courts as may be established by Law.

Judicial Power includes the DUTY of the COURTS of Justice to settle ACTUAL CONTROVERSIES, involving RIGHTS which are LEGALLY DEMANDABLE and ENFORCEABLE, and to determine whether or not there has been grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government. Every member of the Judiciary must be a person of PROVEN COMPETENCE, INTEGRITY, PROBITY, and independence. (probity means Complete and confirmed integrity; uprightness; honesty) The President would choose Justices and Judges from a list of at least three nominees prepared by the Judical and Bar Council for every vacancy. The reason is to give the President leeway to choose, because if did not require at least three, the JBC may just submit one which is tantamount to JBC being the appointing power with the president as formality. ALL this appointments need no Commission on Appointment confirmation. FOR THE LOWER COURTS, the PRESIDENT MUST CHOOSE and appoint within 90 days from the submission of the list. (90days is 3months) Section7. No person shall be appointed MEMBER of the SUPREME COURT or any lower COLLEGIATE (majority of judges decision will decide a case) court unless he is a NATURAL-BORN citizen of the Philippines. A MEMBER of the SUPREME COURT must at least be 40YEARS OLD, and must have been a judge for at least 15years of a lower court or engaged in the PRACTICE OF LAW in the Philippines. Congress is allowed to prescribe the QUALIFICATIONS of judges ONLY of LOWER COURTS, with a mandatory requirement that such nominee must be citizen(not necessarily a natural-born) of the Philippines and a member of the IBP.
TO BE A REGULAR JBC member, you must be confirmed by the Commission of APPOINTMENTS.

JBC. Judicial and Bar Council shall be under the supervision of the Supreme Court. Itsprincipal function is to recommend appointees to the
JUDICIARY. It may also perform other functions and duties the Supreme

may assign to it. EMOLUMENTS (Emolument is payment for an office or employment; compensation. )of its members shall be determined by the Supreme Court. The budget for the JBC operations shall be provided and be under the Supreme Court. COMPOSITION of the 9 man JBC. (5 ex-officio members, 4 regular members,) Chief Justice as Ex-Officio Chairman 1 Representative of each house of congress as Ex-Officio Members DOJ Secretary as ex-officio 1 Representative of IBP

1 Professor of Law 1 Retired Member of the Supreme Court 1 Representative of the Private Sector. CLERK of the Supreme Court as Ex-Officio Secretary who shall also keep all records.

REGULAR MEMBERS (not including the ex-offico members)of the JBC shall be appointed by the President for a term of 4years with the consent(confirmation) of the Commission on Appointments. But being a new JBC, the first appointed IBP representative shall serve for 4years. IBP4 The first appointed Professor of Law shall only serve for 3years but the next appointed Professor of Law shall have the regular term of 4years. PL3 The first appointed RETIRED Justice for the JBC shall only serve for 2 years but the next appointed RETIRED Justice shall serve the regular 4year term. RJ2 The first appointed Representative of the Private Sector shall serve only for 1 year but the next appointed Representative for Private sector shall serve a regular term of 4 years. PS1.
The result of this will be a ROTATIONAL SCHEME in membership. ALL Those nominated by the JBC and then appointed by the President as Judges or JUSTICESneed not be confirmed by the Commission on Appointments. The President is not bound by the SENIORITY Rule, he may choose freely within the nominees submitted by the JBC. The PRESIDENT may not appoint any Judges or Justices in a TEMPORARY CAPACITY. FISCAL AUTONOMY of the Supreme Court means FREEDOM from OUTSIDE control. ONCE it is appropriated, no outside control should enter. If the Supreme Court says it needs 100 computers,DBM must inform the SUPREME COURT first if the government cannot allocate the budget for 100 computers next year to the Supreme Court, before it submits the BUDGET of the Supreme Courtfor APPROPRIATION by CONGRESS. Budget of the COUNTRY must be submitted by the President through DBM within 30days from the opening of the Regular Session of Congress for its General Appropriations Act.

Preamble of the 1987 Constitution The Preamble reads: Preamble We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society, and

establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity, the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution.[1] [The Constitution establishes the Philippines as a "democratic and republican State", where "sovereignty resides in the people and all government authority emanates from them". (Section 1, Article II) Consistent with the doctrine ofseparation of powers, the powers of the national government are exercised in main by three branches the executive branch headed by the President, the legislative branch composed of Congress and the judicial branch with the Supreme Court occupying the highest tier of the judiciary. The President and the members of Congress are directly elected by the people, while the members of the Supreme Court are appointed by the President from a list formed by the Judicial and Bar Council. As with the American system of government, it is Congress which enacts the laws, subject to the veto power of the President which may nonetheless be overturned by a two-thirds vote of Congress (Section 27(1), Article VI). The President has the constitutional duty to ensure the faithful execution of the laws (Section 17, Article VII), while the courts are expressly granted the power of judicial review (Section 1, Article VIII), including the power to nullify or interpret laws. The President is also recognized as the commander-in-chief of the armed forces (Section 18, Article VII). The Constitution also establishes limited political autonomy to the local government units that act as the municipal governments for provinces, cities, municipalities, and barangays. (Section 1, Article X) Local governments are generally considered as falling under the executive branch, yet local legislation requires enactment by duly elected local legislative bodies. The Constitution (Section 3, Article X) mandated that the Congress would enact a Local Government Code. The Congress duly enacted Republic Act No. 7160, The Local Government Code of 1991, which became effective on 1 January 1992. [6] The Supreme Court has noted that the Bill of Rights "occupies a position of primacy in the fundamental law". [7] The Bill of Rights, contained in Article III, enumerates the specific protections against State power. Many of these guarantees are similar to those provided in the American constitution and other democratic constitutions, including the due process and equal protection clause, the right against unwarranted searches and seizures, the right to free speech and the free exercise of religion, the right against self-incrimination, and the right to habeas corpus. The scope and limitations to these rights have largely been determined by Philippine Supreme Court decisions. Outside of the Bill of Rights, the Constitution also contains several other provisions enumerating various state policies including, i.e., the affirmation of labor "as a primary social economic force" (Section 14, Article II); the equal protection of "the life of the mother and the life of the unborn from conception" (Section 12, Article II); the "Filipino family as the foundation of the nation" (Article XV, Section 1); the recognition of Filipino as "the national language of the Philippines" (Section 6, Article XVI), and even a requirement that "all educational institutions shall undertake regular sports activities throughout the country in cooperation with athletic clubs and other sectors." (Section 19.1, Article XIV) Whether these provisions may, by themselves, be the source of enforceable rights without accompanying legislation has been the subject of considerable debate in the legal sphere and within the Supreme Court. The Court, for example, has ruled that a provision requiring that the State "guarantee equal access to opportunities to public service" could not be enforced without accompanying legislation, and thus could not bar the disallowance of so-called "nuisance candidates" in presidential elections.[8] But in another case, the Court held that a provision requiring that the State "protect and advance the right of the people to a balanced and healthful ecology" did not require implementing legislation to become the source of operative rights