Escolar Documentos
Profissional Documentos
Cultura Documentos
I. GENERAL PRINCIPLES
A. Political Law branch of public law
which deals with the organization and
operations of the governmental organs of the
State and defines the relations of the State
with the inhabitants of its territory.
. Scope!"ivision
#. Constitutional Law study of the
maintenance of the proper balance between
authority as represented by the $ inherent
powers of the State and liberty as guaranteed
by the ill of %ights
&. Administrative Law 'i(es the
organization of the government)
"etermines the competence of the
administrative authorities who e(ecute the
law) and
*ndicates to the individuals remedies for
the violation of his right.
$. Law on +unicipal Corporations
,. Law of Public -fficers
.. /lection Law
C. asis of the Study
#. #0$. and #01$ Constitution
&. #023 Constitution
$. -ther organic laws made to apply in the
Philippines
,. Statutes4 /-s and decrees4 5udicial
decisions
.. 6S Constitution
II. THE PHILIPPINE CONSTITUTION
A. Nature of the Constitution
#. "efinition
a. 7he body of rules and ma(ims in
accordance with which the powers of
sovereignty are habitually e(ercised.
b. 7hat written instrument enacted by the
direct action of the people4
by which the fundamental powers of the
government are established4 limited and
defined)
and by which those powers are
distributed among several departments for
their safe and useful e(ercise for the
benefit of the body politic.
&. Purpose
a. Prescribe permanent rame!or" of a
system of government)
b. Assign to se#era$ departments their
respective powers and duties
c. /stablish certain irst princip$es on
which the government is founded
$. Classification
a. 8ritten precepts are embodied in one
document! set of documents
6nwritten rules which have not been
integrated into a single4 concrete form
but are scattered in various sources 9statutes4
5udicial decisions4 commentaries4
customs and traditions4 common law
principles:.
b. /nacted 9Conventional: formally
struc; off at a definite time and place
following a conscious or deliberate effort
ta;en by a constituent body or ruler.
/volved 9Cumulative: result of
political evolution4 changing by
accretion rather than by any systematic
method.
c. %igid amended only by formal and
usually difficult process
'le(ible changed by ordinary
legislation
,. <ualities of a good written Constitution
a. road comprehensive enough to
provide for every contingency
b. rief confine to basic principles to be
implemented
c. "efinite to prevent ambiguity
.. /ssential parts of a good written
Constitution
a. Constitution of Liberty sets forth the
civil and political rights of the citizens and
imposing limitations on the powers of the
government
b. Constitution of =overnment outlines
the organization of the government)
#
Nachura Notes Constitutional Law
enumerates its powers) and lay down rules
relative to its administration
c. Constitution of Sovereignty points out
the mode or procedure in accordance with
formal changes in the fundamental law may
be brought about
3. *nterpretation!Construction of the
Constitution
a. >erba legis? given their ordinary
meaning e(cept where technical terms are
employed
b. %atio legis et anima? ambiguity intent
of the framers4 bearing in mind the ob5ects
sought to be accomplished and evils sought
to be prevented) doubtful provision shall be
e(amined in light of the history of the times
and the conditions and circumstances under
which the Constitution was framed
c. 6t magis valeat @uam pereat?
Constitution to be interpreted as a whole
A Safer to construe the Constitution from
what Bappears upon its face.C *f4 however4
the plain meaning of the word is not found
to be clear4 resort to other aids is available.
A *n case of doubt4 consider provisions as
selfAe(ecuting) mandatory rather than
directory) and prospective rather than
retroactive.
A SelfAe(ecuting provisions? one that lays
down principle is usually not selfAe(ecuting.
7hat which is complete in itself and
becomes operative without the aid of
supplementary or enabling legislation4 or
that which supplies a sufficient rule by
means of which the right it grants may be
en5oyed or protected4 is selfAe(ecuting.
A SelfAe(ecuting if the nature and e(tent of
the right conferred and liability imposed are
fi(ed by the Constitution itself.
A Section &34 Article ** of the Constitution
does N-7 contain 5udicially enforceable
constitutional rights.
. rief Constitutional Distory
#. +alolos Constitution
&. American %egime and -ther -rganic
Acts
$. #0$. Constitution
,. Eapanese -ccupation
.. #01$ Constitution
3. #021 Constitution
C. Amendment
#. Amendment isolated or piecemeal
change in the Constitution
%evision revamp or rewriting of the
entire instrument
&. Legislative Power merely provides
details for implementation
$. Steps
a. Proposal
A Congress4 F of ALL its membersG
understood as F of Senate and F of D%s
A Constit%tiona$ Con#ention4 called into
e(istence by &!$ a vote of all the members of
Congress with the @uestion of whether or
not to call a convention to be resolved by the
people in a plebiscite
A Peop$e t&ro%g& Po!er o Initiati#e4
petition of at least #&H of the total number
of registered voters4 of which every
legislative district must be represented by at
least $H of the registered voters therein
power of the people to propose amendments
to the Constitution or to propose and enact
legislation through an election called for that
purpose
Limitation' No amendment w!in . years
following the ratification of this Constitution
nor more than once every five years
thereafter.
( s)stems o initiati#e'
9#: *nitiative on the Constitution
9&: *nitiative on Statutes
9$: *nitiative on Local Legislation
A Choice of method of proposal is within
the full discretion of the legislature
A $ 7heories on the position of a
Constitutional Convention visAIAvis the
regular departments of government
9#: 7heory of Conventional Sovereignty
9&: Convention is inferior to other
departments
&
Nachura Notes Constitutional Law
9$: *ndependent of and coAe@ual to the other
departments
b. %atification
A %atified by a ma5ority of the votes cast
in a plebiscite held not earlier than 3J nor
later than 0J days after the approval of the
proposal by Congress or the Constitutional
Convention4 or after the certification by the
C-+/L/C of the sufficiency of the
initiative.
A "octrine or proper submission?
Constitution prescribes the time frame
within which the plebiscite is to be held4
there can no longer be any @uestion on
whether the time given to the people to
determine the merits and demerits of the
proposed amendment is ade@uate.
A Plebiscite may be held on the same day
as a regular election.
A /ntire Constitution must be submitted
for ratification at one plebiscite only.
A 7he people have to be given a Bproper
frame of referenceC in arriving at their
decision.
,. Eudicial %eview of Amendments issue
is whether or not the constitutional
provisions had been followed.
/. 7he Power of Eudicial %eview
#. Eudicial %eview power of the courts to
test the validity of e(ecutive and legislative
acts in light of their conformity with the
Constitution.
A Power is inherent in the Constitution.
A Section #4 Article >** of the
Constitution? Eudicial power includes the
duty of the courts of 5ustice to settle actual
controversies involving rights which are
legally demandable and enforceable4 and to
determine whether or not there has been a
grave abuse of discretion amounting to lac;
or e(cess of 5urisdiction on the part of any
branch or instrumentality of =overnment.
&. 8ho may e(ercise
A Power of the SC to decide constitutional
@uestions.
A Constitutional appellate 5urisdiction of
the SC and implicitly recognizes the
authority of lower courts to decide @uestions
involving the constitutionality of laws4
treaties4 agreements4 etc.
A Notice to Sol=en is mandatory to enable
him to decide whether or not his
intervention in the action is necessary.
$. 'unctions of Eudicial %eview
9#: Chec;ing
9&: Legitimizing
9$: Symbolic
,. %e@uisites
9#: Actual case or controversy
9&: Constitutional @uestion must be raised
by the proper party
A A partyKs standing in court is a
procedural technicality which may be set
aside by the Court in view of the importance
of the issues involved) paramount public
interest!transcendental importance
A BPresent substantial interestC such
interest of a party in the sub5ect matter of the
action as will entitle him under substantive
law4 to recover of the evidence is sufficient4
or that he has a legal title to defend and the
defendant will be protected in payment to or
recovery from him.
A A ta(payer4 or group of ta(payers4 is a
proper party to @uestion the validity of a law
appropriating public funds.
A & %e@uisites for 7a(payerKs Suit?
9#: Public funds are disbursed by a political
subdivision or instrumentality
9&: A law is violated or irregularity is
committed
9$: Petitioner is directly affected by the ultra
vires act
A 7he =overnment is a proper party to
@uestion the validity of its own laws4
because more than any one4 it should be
concerned with the constitutionality of its
acts
$
Nachura Notes Constitutional Law
7he established rule is that a party can
@uestion the validity of a statute only if4 as
applied to him4 it is unconstitutional.
/(ception? 'acial Challenge4 when it
operates in the area of freedom of
e(pression.
-verbreadth "octrine? permits a party to
challenge the validity of a statute even
though4 as applied to him4 it is not
unconstitutional4 but it might be if applied to
other not before the Court whose activities
are constitutionally protected.
*nvalidation of the statute Bon its faceC4
rather than Bas appliedC is permitted in the
interest of preventing a Bchilling effectC on
freedom of e(pression.
'acial challenge is the most difficult
challenge because the challenge must
establish that no set of circumstances e(ists
under which the act would be valid.
A 7he constitutional @uestion must be
raised at the earliest possible opportunity
A 7he decision on the constitutional
@uestion must be determinative of the case
itself.
A ars 5udicial in@uiry into a constitutional
@uestion unless the resolution is
indispensable to the determination of the
case.
A /very law has in its favor the
presumption of constitutionality4 and to
5ustify its nullification4 there must be a clear
and une@uivocal breach of the Constitution.
.. /ffects of "eclaration of
6nconstitutionality
A -rthodo( >iew? unconstitutional act is
not a law4 it confers no rights and imposes
no duties) it affords no protection4 creates no
office) it is inoperative as if it had not been
passed at all.
A +odern >iew? certain legal effects of the
statute prior to its declaration of
unconstitutionality may be recognized.
3. Partial 6nconstitutionality
A Legislature must be willing to retain the
valid portions separability clause
A >alid portion can stand independently as
law
III. THE PHILIPPINES AS A STATE
State? a community of persons4 more or less
numerous4 permanently occupying a definite
portion of territory4 independent of e(ternal
control and possessing a government to
which a great body of inhabitants render
habitual obedience.
State is a legal or 5uristic concept) nation is
an ethnic or racial concept.
=overnment is an instrumentality of the
State through which the will of the State is
implemented and realized.
/lements?
9#: People
9&: 7erritory
Components?
#: 7errestrial
&: 'luvial
$: +aritime
,: Aerial
9$: =overnment
9,: Sovereignty
Archipelago "octrine? the waters around4
between and connecting the islands of the
archipelago4 regardless of their breadth and
dimensions4 form part of the internal waters
of the Philippines.
Straight aseline +ethod? *maginary
straight lines are drawn 5oining the
outermost points of outermost islands of the
archipelago4 enclosing an area the ratio of
which should not be more than 0?#) provided
that the drawing of the baselines shall not
depart4 to any appreciable e(tent4 from the
general configuration of the archipelago.
'unctions of the =overnment?
,
Nachura Notes Constitutional Law
9#: Constituent mandatory for the
=overnment to perform because they
constitute the very bonds of society
9&: +inistrant intended to promote the
welfare4 progress and prosperity of the
people and which are merely optional for
=overnment to perform
"octrine of Parens Patriae? parents of the
people) the =overnment may act as guardian
of the rights of the people who may be
disadvantaged or suffering from some
disability or misfortune.
Classification
9#: "e 5ure
"e facto Linds
#: 7a;es possession or control of4 or
usurps4 by force or by the voice of the
ma5ority4 the rightful legal government and
maintains itself against the will of the latter)
&: /stablished by the inhabitants of a
territory who rise in insurrection against the
parent state) and
$: /stablished by invading forces of an
enemy who occupy a territory in the course
of war 9de facto government of paramount
force:.
9&: Presidential separation of e(ecutive
and legislative powers
Parliamentary fusion of both e(ecutive
and legislative in Parliament) actual
e(ercise of e(ecutive powers is vested in
a Prime +inister who is chosen by4 and
accountable to the Parliament
9$: 6nitary
'ederal
Sovereignty? supreme and uncontrollable
power inherent in a State by which that State
is governed
Linds?
#: Legal power to issue final commands
Political sum total of all the influences
which lie behind the law
&: *nternal supreme power over
everything within the territory
/(ternal!*ndependence freedom from
e(ternal control
Characteristics?
#: Permanence
&: /(clusiveness
$: Comprehensiveness
,: Absoluteness
.: *ndivisibility
3: *nalienability
1: *mprescriptibility
/ffects of Change in Sovereignty?
Political laws are abrogated) municipal laws
remain in force
/ffects of elligerent -ccupation? No
change in sovereignty.
Political laws4 e(cept the law on treason4
are suspended)
+unicipal laws remain in force unless
repealed by belligerent occupant)
At the end of belligerent occupation4
political laws shall automatically become
effective again 9doctrine of 5us
postliminium:
"ominium capacity to ac@uire or own
property
*mperium authority possessed by the
State embraced in the concept of
sovereignty
Eurisdiction
7erritorial? power of the State over
persons and things within its territory.
/(emption?
9#: 'oreign states4 head of states4 diplomatic
representatives and consuls to a certain
degree)
9&: 'oreign state property4 including
embassies4 consulates and public vessels
engaged in nonAcommercial activities)
9$: Acts of state
.
Nachura Notes Constitutional Law
9,: 'oreign merchant vessels e(ercising the
rights of innocent passage or involuntary
entry such as arrival under stress
9.: 'oreign armies passing through or
stationed in its territory with its permission)
and
93: -ther persons or property4 including
organizations li;e the 6N4 over which it
may4 by agreement4 waive 5urisdiction.
Personal? power of the State over its
nationals4 which may be e(ercised by the
State even of the individual is outside the
territory of the State.
/(traterritorial? power e(ercised by
the State beyond its territory4
e(ample?
9#: Assertion of its personal 5urisdiction
over its nationals abroad or the e(ercise of
its right to punish offenses committed
outside its territory against its national
interests even if the offenders are nonA
resident aliens)
9&: y virtue of its relations with other
states!territories 9as when it establishes a
colonial protectorate or a condominium or
administers a trust territory or occupies
enemy territory in the course of war:)
9$: Local state waives 5urisdiction over
persons and things within its territory)
9,: Principle of e(traterritoriality
9.: /n5oyment of easements or servitudes
9easement of innocent passage or arrival
under stress:
93: /(ercise of 5urisdiction by the state in
the high seas over its vessels4 over pirates4 in
the e(ercise of the right to visit and search4
and under doctrine or hot pursuit)
91: /(ercise of limited 5urisdiction over the
contiguous zone and the patrimonial sea4 to
prevent infringement of its customs4 fiscal4
immigration or sanitary regulations.
State *mmunity from Suit? 7he State cannot
be sued without its consent.
%oyal Prerogative of "ishonesty? 7here
can be no legal right against the authority
which ma;es the law on which the right
depends. *t may be sued if its gives consent.
Par in parem non habet imperium?
*mmunity is en5oyed by other States. 7he
Dead of the State4 who is deemed the
personification of the State4 is inviolable and
en5oys immunity.
7est to "etermine if Suit is Against the State
8hether it re@uires an affirmative act
from the state.
Suit against =overnment Agencies
#. *ncorporated if the charter provides
that the agency can sue and be sued4 then
suit will lie4 including one for tort. 7he
provision in the charter constitutes e(press
consent on the part of the State to be sued.
+unicipal corporations4 agencies of the
state when they are engaged in
governmental functions and should en5oy
sovereign immunity from suit. 7hey are
sub5ect to suit even in the performance of
such functions because their respective
charters provide that they can sue and be
sued. 9Section && L=C:
&. 6nincorporated in@uire into the
principal functions
*f governmental? no suit without consent
*f proprietary? suit will lie4 because when
the State engages in principally proprietary
functions4 then it descends to the level of a
private individual4 and may therefore be
vulnerable to suit.
Suit Against Public -fficers? 7he doctrine of
state immunity also applies to complaints
filed against officials of the State for acts
performed by them in the discharge of their
duties within the scope of their authority.
/(ceptions? 9may be sued without prior
consent from State:
#. to compel him to do an act re@uired by
law)
3
Nachura Notes Constitutional Law
&. to restrain him from enforcing an act
claimed to be unconstitutional)
$. to compel the payment of damages from
an already appropriated assurance fund or to
refund ta( overApayments from a fund
already available for the purpose)
,. to secure a 5udgment that the officer
impleaded may satisfy by himself without
the State having to do a positive act to assist
him)
.. where government itself has violated its
own laws4 because the doctrine of state
immunity Bcannot be used to perpetrate an
in5usticeC
8here a public officer has committed an
ultra vires act4 or there is a showing of bad
faith4 malice or gross negligence4 then the
officer can be held personally accountable.
*n order that suit may lie against the state4
there must be consent. 8here no consent is
shown4 state immunity from suit may be
invo;ed as a defense by the courts sua
sponte at any stage of the proceedings.
/(press consent? general law or special
law
*mplied consent
#. state commences a litigation
&. state enters into a business contract
Scope of consent? consent to be sued does
not include consent to the e(ecution of
5udgment against it. Such e(ecution will
re@uire another waiver.
Suability is not e@uated with outright
liability. Liability will have to be determined
by the court on the basis of the evidence and
the applicable law.
I*. +UN,A-ENTAL PO.ERS O+ THE
STATE
*nherent powers of the State
#. Police Power
&. /minent "omain
$. Power of 7a(ation
Similarities
#. inherent in the state4 without need of
e(press constitutional grant
&. necessary and indispensable
$. methods by which the state interferes
with private property
,. presupposes e@uivalent compensation
.. e(ercised primarily by legislature
"istinctions
#. Police power regulates liberty and
property
/minent domain and ta(ation affects
only property rights
&. Police power and ta(ation are e(ercised
only by government
/minent domain may be e(ercised by
private entities
$. Property ta;en in police power is usually
no(ious or intended for no(ious purposes
and may be destroyed
*n eminent domain and ta(ation4 the
property is wholesome and devoted to public
use!purpose.
,. Compensation in police power is the
intangible4 altruistic feeling that the
individual has contributed to the public
good)
*n eminent domain4 it is the full and fair
e@uivalent of the property ta;en)
*n ta(ation4 it is the protection given
and!or public improvements instituted by
government for ta(es paid.
Limitations
#. ill of %ights
&. Courts may annul improvident e(ercise
of police power
Police Power
Power of promoting public welfare by
restraining and regulating the use of liberty
and property.
1
Nachura Notes Constitutional Law
+ost pervasive4 least limitable and most
demanding of the three powers.
Eustification? salus populi est suprema
le( and sic utere tuo ut alienum non laedas
8ho may e(erciseM
*nherently vested in Legislature
Congress may validly delegate this
power to the President4 administrative
bodies and to lawma;ing bodies of L=6s.
L=6s e(ercise this power under the
general welfare clause
Limitations 9test for valid e(ercise:
Lawful sub5ect? interest of the public)
activity or property sought to be regulated
affects the general welfare) if it does then
the en5oyment of the rights flowing
therefrom may have to yield to the interest
of the greater number.
Lawful means? means employed are
reasonably necessary for the
accomplishment of the purpose and not
unduly oppressive on individuals.
/(press grant by law
8ithin territorial limits 9for L=6s
e(cept when e(ercised to protect water
supply:
+ust not be contrary to law
'or +unicipal -rdinances to be >alid?
9#: +ust not contravene the Constitution or
the statute
9&: +ust not be unfair or oppressive
9$: +ust not be partial or discriminatory
9,: +ust not prohibit but may regulate trade
9.: +ust not be unreasonable
93: +ust be general in application and
consistent with public policy
Power of /minent "omain 9Power of
/(propriation:
Eurisdiction
%7C
8ho may e(ercise the power
Congress
y delegation4 the President4
administrative bodies4 L=6s and even
private enterprises performing public
services
%e@uisites
9#: Necessity
9&: Private Property4 e(cept money and
choses in action
9$: 7a;ing in the constitutional sense
9,: Public use
9.: Eust Compensation full and fair
e@uivalent of the property ta;en) fair mar;et
value of the property
Eudicial Prerogative
Ascertainment of what constitutes 5ust
compensation for property ta;en in eminent
domain cases is a 5udicial prerogative.
'orm of Compensation
Paid in money and no other form.
*n agrarian reform4 payment is allowed
to be made partly in bonds because under
the CA%P4 Bwe do not deal with the
traditional e(ercise of the power of eminent
domain) we deal with a revolutionary ;ind
of e(propriation.C
%ec;oning point of mar;et value of the
property
"ate of the ta;ing or the filing of the
complaint4 whichever comes first.
Principal criterion in determining 5ust
compensation
Character of the land at the time of the
ta;ing
/ntitlement of owner to interest
8hen there is delay in the payment of
5ust compensation4 the owner is entitled to
payment of interest if claimed) otherwise4
interest is deemed waived)
2
Nachura Notes Constitutional Law
*nterest is 3H per annum4 prescribed in
Article &&J0 of the CC4 N-7 #&H per
annum under Central an; Circular No.
,#34 latter applies to loans or forbearances
of money4 goods or credits or 5udgments
involving such loans or forbearance of
money4 goods or credits. 7he ;ind of interest
here is by way of damages.
*n some e(propriation cases4 the court
imposes #&H damages for delay in
payment which4 in effect4 ma;es the
obligation on the part of government one of
forbearance.
8ho else may be entitled to 5ust
compensation
-wner
7hose who have lawful interest
7itle to the property
"oes not pass until after payment
%ight of landowner in case of nonA
payment of 5ust compensation
"oes not entitle to recover possession of
the e(propriated lots
-nly to demand payment of the '+> of
the property
"ue process of law
"efendant must be given an opportunity
to be heard
8rit of Possession4 ministerial upon?
9#: 'iling of complaint for e(propriation
sufficient in form and substance
9&: 6pon deposit by the government of the
amount e@uivalent to #.H of the '+> of
the property per current ta( declaration
7he plaintiffKs right to dismiss the
complaint has always been sub5ect to Court
approval and to certain conditions4
because the landowner may have already
suffered damages at the start of the
ta;ing.
%ight to repurchase or reAac@uire the
property
Property ownerKs right to repurchase the
property depends upon the character of the
title ac@uired by the e(propriator? if land is
e(propriated for a particular purpose with
the condition that when that purpose is
ended or abandoned4 the property shall
revert to the former owner4 the former owner
can reAac@uire the property.
Lands for socialized housing are to be
ac@uired in the following order?
9#: =overnment lands
9&: Alienable lands of the public domain
9$: 6nregistered4 abandoned or idle lands)
9,: Lands within the declared Areas for
Priority "evelopment4 Nonal *mprovement
Program sites4 Slum *mprovement and
%esettlement sites which have not yet been
ac@uired)
9.: L*SS sites which have not yet been
ac@uired) and
93: Privately owned lands
7he mode of e(propriation is sub5ect to &
conditions?
9#: %esorted to only when the other modes
of ac@uisition have been e(hausted
9&: Parcels owned by small property owners
are e(empt from such ac@uisition
Small property owners?
9#: -wners of residential lots not more than
$JJ s@. m. in highly urbanized cities and not
more than 2JJ s@. m. in other urban areas
9&: 7hey do not own residential property
other than the same
Power of 7a(ation
8ho may e(ercise
Legislature
Local legislative bodies
0
Nachura Notes Constitutional Law
7o a limited e(tent4 the President4 when
granted delegated tariff powers
Limitations on the e(ercise
"ue process of law4 must not be
confiscatory
/@ual protection clause4 must be uniform
and e@uitable
Public purpose
"ouble ta(ation
Additional ta(es are laid on the same
sub5ect by the same ta(ing 5urisdiction
during the same ta(ing period and for the
same purpose.
7a( /(emptions
No law granting ta( e(emption shall be
passed without the concurrence of a ma5ority
of all the +embers of Congress.
Charitable institutions4 churches and
parsonages or convents appurtenant thereto4
mos@ues4 nonAprofit cemeteries4 and all
lands4 buildings and improvements actually4
directly and e(clusively used for religious4
charitable or educational purposes
e(empt
%evenues and assets of nonAstoc;4 nonA
profit educational institutions used actually4
directly and e(clusively for educational
purposes e(empt
Proprietary educational institutions
may be e(empt sub5ect to limitations
provided by law
=rants4 endowments4 donations4 or
contributions used actually4 directly4 and
e(clusively for educational purposes
e(empt
Police Power vs. 7a(ation
License fee v. 7a( license fee is a
police measure) ta( is revenue measure
Amount collected for a license fee is
limited to the cost of permit and reasonable
police regulation 9e(cept when the license
fee is imposed on a nonAuseful occupation:)
amount of ta( may be unlimited provided it
is not confiscatory
License fee is paid for the privilege of
doing something and may be revo;ed when
public interest so re@uires) ta( is imposed on
persons or property for revenue
Linds of license fee
9#: 'or useful occupation!enterprises
9&: NonAuseful occupation!enterprises 9when
used to discourage4 it may be a bit
e(orbitant:
*. PRINCIPLES AN, STATE POLICES
Preamble
"oes not confer rights nor impose duties
*ndicates authorship of the Constitution
/numerates the primary aims and
aspirations of the framers
Serves as an aid in the construction of
the Constitution
%epublicanism
7he Philippines is a democratic and
republican state. Sovereignty resides in the
people and all government authority
emanates from them.
/ssential features
9#: %epresentation
9&: %enovation
+anifestations
9#: =overnment of law and not of men
9&: %ule of ma5ority
9$: Accountability of public officials
9,: ill of rights
9.: Legislature cannot pass irrepealable laws
93: Separation of powers
Purpose
7o prevent concentration of authority in
one person or group of persons that might
lead to an irreversible error or abuse in its
e(ercise to the detriment of republican
institutions.
#J
Nachura Notes Constitutional Law
Principle of lending of Powers
*nstances when powers are not confined
e(clusively within one department but are
assigned to or shared by several
departments.
Principle of Chec;s and alances
7his allows one department to resist
encroachments upon its prerogatives or to
rectify mista;es or e(cesses committed by
the other departments.
"octrine of Necessary *mplication
Absence of e(press conferment4 the
e(ercise of the power may be 5ustified under
this doctrine4 that the grant of an e(press
power carries with it all other powers that
may be reasonably inferred from it.
A purely 5usticiable @uestion implies a given
right4 legally demandable and enforceable4
an act or omission violative of such right4
and a remedy granted and sanctioned by law
for said breach of right.
Political @uestion is a @uestion of policy. *t
refers to those @uestions which4 under the
Constitution4 are to be decided by the people
in their sovereign capacity4 or in regard to
which full discretionary authority has been
delegated to the legislative or e(ecutive
branch of government. *t is concerned with
issues dependent upon wisdom4 not legality
of particular measure.
"elegation of powers
Potestas delegate non potest delegare
"elegated power constitutes not only a
right but a duty to be performed by the
delegate through the instrumentality of his
own 5udgment and not through the
intervening mind of another.
Permissible delegation
9#: 7ariff powers to the president
9&: /mergency powers to the president 9in
times of war or national emergency:
9$: "elegation to the people specific
provisions where the people have reserved
to themselves the function of legislation
%eferendum? power of the electorate to
approve or re5ect legislation through an
election called for the purpose) referendum
on statutes and referendum on local law
Plebiscite? electoral process by which an
initiative on the Constitution is approved or
re5ected by the people.
9,: "elegation to L=6s
9.: "elegation to Administrative odies
power of subordinate legislation
7ests for valid delegation
9#: Completeness test? the law must be
complete in all its essential terms and
conditions when it leaves the legislature so
that there will be nothing left for the
delegate to do when it reaches him e(cept to
enforce it.
9&: Sufficient standard test? intended to map
out the boundaries of the delegatesK
authority by defining the legislative policy
and indicting the circumstances under which
it is up be pursued and effected) the
standards usually indicated in the law
delegating legislative power.
7he *ncorporation Clause
7he Philippines renounces war as an
instrument of national policy4 adopts the
generally accepted principles of
international law as part of the law of the
land4 and adheres to the police of peace4
e@uality4 5ustice4 freedom4 cooperation and
amity with all nations.
*ndependent foreign policy and nuclearA
free Philippines
/(piration of ases Agreement
%enunciation of 8ar
9#: Covenant of the League of Nations
9&: LelloggAriad Pact of #0&2
9$: Charter of the 6nited Nations
##
Nachura Notes Constitutional Law
"octrine of *ncorporation our courts
have applied the rules of international law in
a number of cases even of such rules had not
previously been sub5ect of statutory
enactments4 because these generally
accepted principles of international law are
automatically part of our own laws.
Civilian Supremacy
Civilian authority is4 at all times
supreme over the military. 7he A'P is the
protector of the people and the State. *ts goal
is to secure the sovereignty pf the State and
integrity of the national territory.
"uty of =overnment) people to defend the
State
7he prime duty of the =overnment is to
serve and protect the people.
7he =overnment may call upon the
people to defend the State and4 in the
fulfillment thereof4 all citizens may be
re@uired4 under conditions provided by law4
to render personal military or civil service.
7he maintenance of peace and order4 the
protection of life4 liberty and property4 and
the promotion of the general welfare are
essential for the en5oyment by all the people
of the blessings of democracy.
%ight to ear Arms? statutory4 not
constitutional right.
Separation of Church and State
'reedom of religion clause
%eligious sect cannot be registered as
political party
No sectoral representative from the
religious sector
Prohibition against appropriation for
sectarian benefit
/(ceptions
9#: Section &29$:4 Article 3? /(emption from
ta(ation
9&: Section &09&:4 Article 3? Prohibition
against sectarian benefit4 e(cept when priest
is assigned to the armed forces or to any
penal institution or government orphanage
or leprosarium
9$: Section $9$:4 Article #,? -ptional
religious instruction for public elementary
and high school studies
9,: Section ,9&:4 Article #,? 'ilipino
ownership re@uirement to educational
institutions4 e(cept those established by
groups and mission boards
*ndependent 'oreign Policy and NuclearA
free Philippines
State shall pursue an independent
foreign policy. *n relations with other states4
the paramount consideration shall be
national sovereignty4 territorial integrity4
national interest and the right to selfA
determination.
7he Philippines consistent with the
national interest4 adopts and pursues a policy
of freedom from nuclear weapons in its
territory.
Eust and dynamic social order
State shall promote a 5ust and dynamic
social order that will ensure prosperity and
independence of the nation and free the
people from poverty through policies that
provide ade@uate social services4 promote
full employment4 a rising standard of living
and an improved @uality of life for all.
Promotion of Social Eustice
Promote social 5ustice in all phases of
national development
%espect for human dignity and human rights
State values the dignity of every human
person and guarantees full respect for human
rights.
'amily and Oouth
#&
Nachura Notes Constitutional Law
7he State recognizes the sanctity of
family life and shall protect and strengthen
the family as a basic autonomous social
institution. *t shall e@ually protect the life of
the mother and the life of the unborn from
conception. 7he natural and primary right
and duty of parents in the rearing of the
youth for civic efficiency and the
development of moral character shall
receive support of the =overnment.
7he State recognizes the vital role of the
youth in nationAbuilding and shall promote
and protect their physical4 moral4 spiritual4
intellectual and social wellAbeing. *t shall
inculcate in the youth patriotism and
nationalism4 and encourage their
involvement in public and civic affairs.
'undamental e@uality of men and women
State recognizes the role of women in
nationAbuilding and shall ensure the
fundamental e@uality before the law of men
and women.
Promotion of health and ecology
State shall protect and promote the right
to health of the people and instill health
consciousness among them.
7he State shall protect and advance the
right of the people to a balanced and
healthful ecology in accord with the rhythm
and harmony of nature.
Priority to education4 science4 technology4
etc.
State shall give priority to education4
science and technology4 arts4 culture and
sports4 to foster patriotism and nationalism4
accelerate social progress4 and promote total
human liberation and development.
Protection to Labor
State affirms labor as a primary social
economic force. *t shall protect the rights or
wor;ers and promote their welfare.
SelfAreliant and independent economic order
State shall develop a selfAreliant and
independent national economy effectively
controlled by 'ilipinos.
7he State recognizes the indispensable
role of the private sector4 encourages private
enterprise4 and provide incentives to needed
investments.
Land reform
State shall promote comprehensive rural
development and agrarian reform.
*ndigenous cultural communities
State recognizes and promotes the rights
of indigenous cultural communities within
the framewor; of national unity and
development.
*ndependent peopleKs organizations
State shall encourage nonAgovernmental4
communityAbased4 or sectoral organizations
that promote the welfare of the nation.
Communication and information in nationA
building
State recognizes the vital role of
communication and information in nationA
building.
Autonomy of local governments
State shall ensure the autonomy of local
governments.
"ecentralization and does not ma;e the
local governments sovereign within the
State or an imperium in imperio.
"ecentralization of administration?
delegation of administrative powers to the
L=6 in order to broaden the base of
governmental powers.
"ecentralization of power? abdication by
the national government of governmental
powers.
/@ual access of opportunities for public
service
#$
Nachura Notes Constitutional Law
State shall guarantee e@ual access of
opportunities for public service and prohibit
political dynasties as may be defined by law.
Donest public service and full public
disclosure
State shall maintain honesty and
integrity in the public service and ta;e
positive and effective measures against graft
and corruption.
State adopts and implements a policy of
full public disclosure of all its transactions
involving public interest.
*I. /ILL O+ RIGHTS
"efinition
Set of prescriptions setting forth the
fundamental civil and political rights of the
individual4 and imposing limitations on the
powers of government.
=enerally4 any government action in
violation of the ill of %ights is void.
=enerally selfAe(ecuting.
Civil %ights
%ight that belong to every citizen of the
state or country and are not connected with
the organization or administration of
government.
Political %ights
%ight to participate4 directly or
indirectly4 in the establishment or
administration of government.
"ue Process of Law? No person shall be
deprived of life4 liberty or property without
due process of law
"efinition
A law which hears before it condemns4
which proceeds upon in@uiry and renders
5udgment only after trial.
8ho are protected
6niversal in application to all persons
Artificial persons are covered by the
protection only insofar as their property is
concerned
=uarantee e(tends to aliens and includes
the means of livelihood
+eaning of life4 liberty and property
Life? right of an individual to his body in
its completeness4 free from dismemberment
and e(tends to the use of =odAgiven
faculties which ma;es life en5oyable
Liberty? the right to e(ist and the right to
be free from arbitrary personal restraint or
servitude) includes the right to be free to use
his faculties in all lawful ways
Property? anything that can come under
the right of ownership and can be sub5ect of
contract) the right to secure4 use and dispose
them.
Aspects of due process
#. Substantive restriction on
governmentKs lawA and ruleAma;ing powers
%e@uisites?
#. interest of the public
&. means employed are reasonably
necessary for the accomplishment of the
purpose and not unduly oppressive on
individuals
&. Procedural restriction on actions of
5udicial and @uasiA5udicial agencies of
government
%e@uisites?
#. impartial court or tribunal clothed with
5udicial power to hear and determine the
matter before it
&. 5urisdiction must be lawfully ac@uired
over the person of the defendant and over
the property which is the sub5ect matter of
the proceeding
$. the defendant must be given an
opportunity to be heard
,. 5udgment must be rendered upon lawful
hearing
Publication as part of due process
#,
Nachura Notes Constitutional Law
Publication is imperative to the validity
of laws4 P"s and /os4 administrative rules
and regulation and is an indispensable part
of due process.
Appeal and due process
Appeal is not a natural right nor is it part
of due process) it may be allowed or denied
by legislature in its discretion.
ut where the Constitution gives a
person the right to appeal4 denial of such
constitutes a violation of due process.
Preliminary investigation and due
process
%ight to preliminary investigation is not
a constitutional right4 but it is merely a right
conferred by statute.
ut where there is a statutory grant of
the right to preliminary investigation4 denial
of such constitutes a violation of due
process.
Administrative due process
%e@uisites
9#: %ight to a hearing4 includes the right to
present oneKs case and submit evidence in
support thereof)
9&: 7ribunal must consider the evidence
presented)
9$: "ecision must have something to
support itself)
9,: /vidence must be substantial)
9.: "ecision must be rendered on the
evidence presented or at least contained in
the records and disclosed to the parties)
93: 7ribunal or any of its 5udges must act on
its own or his own independent
consideration of the facts and the law of the
controversy4 and not simply accept the views
of a subordinate in arriving at a decision)
and
91: 7he board or body should4 in all
controversial @uestions4 render its decision
in such a manner that the parties to the
proceeding will ;now the various issues
involved4 and the reason for the decision.
/@ual Protection of the Laws
+eaning
All persons or things similarly situated
should be treated ali;e4 both as to rights
conferred and responsibilities imposed.
Natural and 5uridical persons are entitled
to this guarantee.
8ith respect to 5uridical persons4 they
en5oy the protection only insofar as their
property is concerned.
Scope of /@uality
/conomic
9#: 'ree access to courts
9&: +arine wealth reserved for 'ilipino
citizens
9$: %eduction of social4 economic and
political ine@ualities
Political
9#: 'ree access to courts
9&: ona fide candidates being free from
harassment!discrimination
9$: %eduction of social4 economic and
political ine@ualities
Social
>alid Classification
9#: Substantial distinctions
9&: =ermane to the purpose of the law
9$: Not limited to e(isting conditions only
9,: +ust apply e@ually to all members of the
same class
Searches and Seizures
Scope
Available to all persons4 including
aliens4 whether accused of a crime or not.
Artificial persons are also entitled to the
guarantee4 although they may be re@uired to
open their boo;s of accounts for
e(amination by the State in the e(ercise of
police and ta(ing powers.
%ight is personal
#.
Nachura Notes Constitutional Law
-b5ection must be raised before the
accused enters his plea
Procedural %ules
#. warrantless arrest is not a 5urisdictional
defect and any ob5ection thereto is waived
when the person arrested submits to
arraignment without any ob5ection)
&. where a criminal case is pending4 the
Court wherein it is filed4 or the assigned
branch4 has primary 5urisdiction to issue the
search warrant)
$. where no criminal case has been filed4
the e(ecutive 5udges or their lawful
substitutes4 in the areas and for the offense
contemplated shall have primary
5urisdiction)
,. moment the information is filed with the
%7C4 it is that court which must issue the
warrant of arrest)
.. the 5udge may order the @uashal of a
warrant he issued even after the same had
already been implemented4 particularly
when such @uashal is based on the finding
that there is no offense committed items
seized shall be inadmissible in evidence
-nly a 5udge may issue a warrant
/(ception? order of arrest may be issued
by administrative authorities but only for the
purpose of carrying out a final finding of a
violation of law4 e.g. an order of deportation
or an order of contempt but not for the sole
purpose of investigation or prosecution.
%e@uisites for a >alid 8arrant
9#: Probable cause
9&: "etermination of probable cause
personally by the 5udge
9$: After e(amination under oath or
affirmation of the complainant and the
witnesses he may produce
9,: Particularity of description
7he 5udge shall
9#: Personally evaluate the report and the
supporting documents submitted by the
fiscal regarding the e(istence of probable
cause and4 on the basis thereof4 issue a
warrant of arrest) or
9&: *f on the basis thereof4 he finds no
probable cause4 he may disregard the
prosecutorKs report band re@uire the
submission of supporting affidavits of
witnesses.
Principles?
9#: 7he determination of probable cause is a
function of the 5udge
9&: 7he preliminary in@uiry made by the
prosecutor does not bind the 5udge4 as it is
the report4 affidavits4 the transcript of
stenographic notes and all other supporting
documents behind the prosecutorKs
certification which are material in assisting
the 5udge in his determination of probable
cause
9$: Eudges and prosecutors should
distinguish the preliminary in@uiry which
determines probable cause for the issuance
of the warrant of arrest from the preliminary
investigation proper which ascertains
whether the offender should be held for trial
or be released
9,: -nly a 5udge may issue a warrant of
arrest
Eudge himself conducts the preliminary
investigation4 for him to issue a warrant of
arrest4 the investigating 5udge must?
9#: Dave e(amined4 under oath4 the
complainant and the witnesses)
9&: e satisfied that there is probable cause)
and
9$: 7hat there is a need to place the
respondent under immediate custody in
order not to frustrate the ends of 5ustice
Particularity of "escription?
#3
Nachura Notes Constitutional Law
9#: %eadily identify the properties to be
seized and thus prevent them from seizing
the wrong items) and
9&: Leave peace officers with no discretion
regarding the articles to be seized and thus
prevent unreasonable searches and seizures.
8arrant of Arrest particularly describe
the person to be seized if it contains the
name!s of the person!s to be seized.
Eohn "oe warrant descriptio persona
Search 8arrant description is as speciic
as t&e circ%mstances !i$$ ordinari$) a$$o!
or when description e(presses a conclusion
of fact 9not of law: by which the warrant
officer may be guided in ma;ing the search)
or when the things described are limited to
those which bear direct relation to the
offense for which the warrant is being
issued.
Properties Sub5ect of Seizure?
9#: Sub5ect of the offense
9&: Stolen or embezzled property and other
proceeds or fruits of the offense) and
9$: Property used or intended to be used as
means for the commission of an offense
Conduct of the Search
9#: Lawful occupant
9&: Any member of his family
9$: & witnesses4 of sufficient age and
discretion4 residing in the same locality
8arrantless arrests by a peace officer or a
private person?
9#: 8hen the person to be arrested has
committed4 is actually committing or is
attempting to commit an offense in his
presence)
9&: 8hen the offense had 5ust been
committed and there is probable cause to
believe4 based on his personal ;nowledge of
facts and of other circumstances4 that the
person to be arrested has committed the
offense)
9$: 8hen the person to be arrested is a
prisoner who has escaped from a penal
establishment or place where he is serving
final 5udgment or temporarily confined
while his case is pending4 or has escaped
while being transferred from one
confinement to another) and
9,: 8hen the right is voluntarily waived.
uyAbust operation is a valid in flagrante
arrest.
*n flagrante arrests?
9#: 7he person to be arrested must e(ecute
an overt act indicating that he had 5ust
committed4 is actually committing4 or is
attempting to commit a crime) and
9&: Such overt act is done in the presence or
within the view of the arresting officer.
*n 9&:?
9#: there must be immediacy between the
time the offense is committed and the time
of the arrest. *f there was an appreciable
lapse of time between the arrest and the
commission of the crime4 a warrant of arrest
must be secured and
9&: the person ma;ing the arrest has
personal ;nowledge of certain facts
indicating that the person to be ta;en into
custody has committed the crime.
<uestion the validity of the arrest before
entering plea) failure to do so would
constitute a waiver of his right against
unlawful restraint of his liberty. Dowever4
waiver is limited to the illegal arrest. *t does
not e(tend to the search made as an incident
thereto4 or to the subse@uent seizure if
evidence allegedly found during the search.
#1
Nachura Notes Constitutional Law
>alid 8aiver of Constitutional %ight
9#: %ight e(ists
9&: 7hat the person involved had
;nowledge4 either actual or constructive of
the e(istence of such right) and
9$: 7hat the person had an actual intention
to relin@uish the right.
Searches of Passengers at Airports
A 8hen the accused chec;ed in his
luggage as a passenger of a plane4 he agreed
to the inspection of his luggage in
accordance with customs laws and
regulations4 and thus waived any ob5ection
to a warrantless search.
A Search made pursuant to routine airport
security is allowed under %A 3&$.4 which
provides that every airline tic;et shall
contain a condition that handAcarried
luggage4 etc.4 shall be sub5ect to search4 and
this condition shall form part of the contract
between the passenger and the air carrier.
Stop and 'ris;
A >ernacular designation of the right of a
police officer to stop a citizen on the street4
interrogate him and pat him for weapons
whenever he observes unusual conduct
which leads him to conclude that criminal
activity may be afoot.
A %e@uisites?
#. police officer should properly introduce
himself and ma;e initial in@uiries
&. approach and restrain a person who
manifests unusual and suspicious conduct in
order to chec; the latterKs outer clothing for
possible concealed weapon
$. must have a genuine reason4 in
accordance with e(perience and the
surrounding conditions4 to warrant the belief
that the person to be held has weapons or
contraband concealed about him
,. search and seizure should precede the
arrest
/(ception? People vs. Sucro
warrantless search and seizure can be made
without necessarily being preceded by
an arrest provided that the said search
is effected on the basis of probable cause.
A People vs. Chua Do San?
contemporaneous search of a person arrested
may be effected for dangerous weapons or
proofs or implements used in the
commission of the crime and which search
may e(tend to the area within his immediate
control where he might gain possession of a
weapon or evidence he can destroy4 a valid
arrest must preceded a search.
8here the search 9and seizure: is an incident
to a lawful arrest)
A Search must be contemporaneous to
arrest and made within a permissible area of
search.
A %e@uisites?
#. arresting officer must have probable
cause in effecting the arrest) and
&. probable cause must be based on
reasonable ground of suspicion or belief that
a crime has been committed or is about to be
committed.
8arrantless Searches
9#: 8hen the right is voluntarily waived)
9&: 8hen there is a valid reason to BstopA
andAfris;C)
9$: 8here the search 9and seizure: is an
incident to a lawful arrest)
9,: Search of vessels and aircrafts)
9.: Search of moving vehicles)
93: *nspection of buildings and other
premises for the enforcement of fire4
sanitary and building regulations)
91: 8here prohibited articles are in plain
view)
92: Search and seizure under e(igent and
emergency circumstances) and
90: Conduct of areal target zoning or
saturation drive!s as valid e(ercise of
military powers of the President 9=uanzon
vs. de >illa:
#2
Nachura Notes Constitutional Law
Permissible area of search
A may e(tend beyond the person of the one
arrested to include the premises or
surroundings under his immediate control.
Seizure of allegedly pornographic material
9#: criminal charge must be brought against
the person!s for purveying the pornographic
material!s)
9&: application for a search and seizure
warrant obtained from a 5udge 9who shall
determine the e(istence of probable cause:)
9$: material confiscated brought to the court
in the prosecution of the accused for the
crime charged)
9,: court will determine whether the
confiscated items are really pornographic)
and
9.: 5udgment of ac@uittal or conviction
rendered by the court accordingly
'ishing vessel found to be violating fishery
laws may be seized without a warrant?
9#: usually e@uipped with powerful motors
that enable them to elude pursuit and
9&: seizure would be incident to a lawful
arrest
Search of moving vehicles
A 5ustified on the ground that it is not
practicable to secure a warrant because the
vehicle can be moved @uic;ly out of the
locality or 5urisdiction in which the warrant
may be sought.
A Prevent violations of smuggling or
immigration laws4 provided that such
searches are made at borders or constructive
borders 9e.g. chec;points near the boundary
lines of the state:.
BStop and searchC without a warrant at a
military or police chec;points
A Not illegal per se so long as it is re@uired
by the e(igencies of public order and
conducted in a way least intrusive to
motorists. 9>almonte vs. de >illa:
Chec;point Search
9#: +ere routine inspection? the search is
normally permissible when it is limited to a
mere visual search4 where the occupants are
not sub5ected to a physical or body search.
9&: /(tensive search? constitutionally
permissible if the officers conducting the
search had reasonable or probable cause to
believe4 before the search4 that either the
motorist is a law offender or they will find
the instrumentality or evidence pertaining to
a crime in the vehicle to be searched.
*nspection of buildings and other premises
for the enforcement of fire4 sanitary and
building regulations
A /(ercise of police power of the State
A +ust be conducted during reasonable
hours
Prohibited articles are in plain view
A -b5ects in plain view of the officer who
has the right to be in the position to have
that view.
A Police officer is not searching but
inadvertently comes upon an incriminating
ob5ect.
A %e@uisites?
9#: Prior #a$id intr%sion based on a valid
warrantless arrest in which the police are
legally present in the pursuit of their official
duties)
9&: /vidence was inad#ertent$) disco#ered
by the police who have the right to be where
they are)
9$: /vidence must be immediate$)
apparent) and
9,: BP$ain #ie!C 5ustified the seizure of the
evidence without any further search.
Plain >iew
A -b5ect is plainly e(posed to sight.
A 8here the ob5ect seized is inside a
closed pac;age4 the ob5ect is not in plain
#0
Nachura Notes Constitutional Law
view and4 therefore4 cannot be seized
without a warrant.
A Pac;age proclaims its contents
transparency4 distinctive configuration or
contents are obvious to an observer.
A People vs. Salanguit? once the valid
portion of the search warrant has been
e(ecuted4 the Bplain viewC doctrine can no
longer provide any basis for admitting the
other items subse@uently foundG
9mari5uana was also wrapped in newspaper
which was not transparentG.warrant for
shabu and drug paraphernalia4 found the
shabu first:
A "octrine is not an e(ception to the
warrant. *t serves to supplement the prior
5ustification. *t is a recognition that of the
fact that when e(ecuting police officers
come across immediately incriminating
evidence not covered by the warrant4 they
should not be re@uired to close their eyes to
it4 regardless of whether it is evidence of the
crime they are investigating or evidence of
some other crime. *t would be needless to
re@uire the police to obtain another warrant.
*mmediately apparent test
A "oes not re@uire an unduly high degree
of certainty.
A %e@uires merely that the seizure be
presumptively reasonable assuming that
there is probable cause to associate the
property with criminal activity.
A Ne(us e(ists between the viewed ob5ect
and the criminal activity.
/(clusionary %ule? /vidence obtained in
violation of Section &4 Article $ shall be
inadmissible for any purpose in any
proceeding because it is Bthe fruit of the
poisoned tree.C
A Property illegally seized may be used in
evidence in the case filed against the officer
responsible for the illegal seizure.
Privacy of Communications and
Correspondence
A 7he privacy of communication and
correspondence shall be inviolable /PC/P7
upon lawful order of the court -% when
public safety or order re@uires otherwise as
prescribed by law.
A Any evidence obtained in violation of
this or the preceding section shall be
inadmissible for any purpose in any
proceeding.
*nviolability
A /(ceptions?
9#: Lawful order of the court)
9&: Public safety or order re@uires otherwise4
as may be provided by law.
A *ncludes tangible and intangible ob5ects.
A %A ,&JJ? illegal for any person not
authorized by all the parties to any private
communication4 to secretly record such
communications by means of a tape
recorder. 7elephone e(tension was not
among the devices covered by this law.
'reedom of /(pression
A No law shall be passed abridging the
freedom of speech4 of e(pression nor of the
press4 or the right of the people peaceably to
assemble and petition the government for
redress of grievances.
A Scope? Any and all modes of e(pression.
Aspects?
9#: 'reedom from censorship or prior
restraint
A Need not be total suppression4 even
restriction of circulation constitutes
censorship.
A Section ## 9b:4 %A 33,3
#
? legitimate
e(ercise of the police power of the State to
regulate media or communication and
information for the purpose of ensuring
#
Prohibited any person ma;ing use of the media to
sell or to give free of charge print space or air time
for campaign or other political purposes e(cept to the
C-+/L/C.
&J
Nachura Notes Constitutional Law
e@ual opportunity4 time and space for
political campaigns. 6nrelated to
suppression of speech as it is only incidental
and no more than is necessary to achieve the
purpose of achieving the purpose of
promoting e@uality.
A +ovie censorship? movie4 compared to
other media of e(pression4 have a greater
capacity for evil and must4 therefore4 be
sub5ected to a greater degree of regulation.
A Power of +7%C can be e(ercised only
for purposes of BclassificationC not
censorship.
A Primacy of freedom of e(pression over
/nrileKs Bright to privacyC because /nrile
was a Bpublic figureC and a public figureKs
right to privacy is narrower than that of an
ordinary citizen. 9Ayer Productions vs.
Eudge Capulong:
A oard of %eview for +otion Pictures
and 7elevision 9%+P7: BPAratingC
when the program would create a clear and
present danger of an evil which the State has
the right to prevent. 9*nglesi ni Cristo vs.
CA:
A No law prohibiting the holding and
reporting of e(it poll. 9ASACN
roadcasting Corporation vs. C-+/L/C:
A 7est for the validity of government
regulation4 valid if 9O0/rien Test:?
#. within the constitutional power of
government)
&. furthers an important or substantial
government interest)
$. government interest is unrelated to the
suppression of free e(pression) and
,. incidental restriction on the freedom is
no greater than is essential to the furtherance
of that interest.
A -verbreadth "octrine? prohibits
government from achieving its purpose by
Bmeans that sweep unnecessarily broadly4
reaching constitutionally protected as well
as unprotected activity.C
9&: 'reedom from subse@uent punishment
A 8ithout this assurance4 the individual
would hesitate to spea; for fear that he
might be held accountable for his speech4 or
that he might be provo;ing the vengeance of
the officials he may have criticized.
A Not absolute and may be properly
regulated in the interest of the public.
A State may validly impose penal and!or
administrative sanctions4 such as?
#. Libel
A Public and malicious imputation of a
crime4 or of a vice or defect4 real or
imaginary4 or any act4 omission4 condition4
status or circumstance tending to cause the
dishonor4 discredit or contempt of a natural
or 5uridical person4 or to blac;en the
memory of one who is dead.
A -ral defamation is called slander.
A /very defamatory imputation is
presumed to be malicious.
/(ceptions?
#. a private communication made by any
person to another in the performance of any
legal4 moral or social duty) and
&. fair and true report4 made in good faith4
without any comments or remar;s4 of any
5udicial4 legislative or other official
proceedings which are not of a confidential
nature4 or of any statement4 report or speech
delivered in said proceedings4 or of any act
performed by public officers in the e(ercise
if their functions.
A Public has the right to be informed on
the mental4 moral and physical fitness of
candidates for public officer. 7he rule
applies only to fair comments on matters of
public interest4 fair comment being that
which is true4 or if false4 e(presses the real
opinion of the author based upon reasonable
degree of care and on reasonable grounds.
&. -bscenity
A "etermination of what is obscene is a
5udicial function.
$. Criticism of official conduct
&#
Nachura Notes Constitutional Law
A 6S vs. ustos? individual is given the
widest latitude in criticism of official
conduct.
A Publication that tends to impede4
embarrass or obstruct the court and
constitutes a clear and present danger to the
administration of 5ustice is not protected by
the guarantee of press freedom and
punishable by contempt. *t is not necessary
to show that the publication actually
obstructs the administration of 5ustice) it is
enough that it tends to do so.
A 'reedom of press is subordinate to the
decision4 authority4 integrity and
independence of the 5udiciary and the proper
administration of 5ustice.
,. %ight of students to free speech in
school premises not absolute
A Campus Eournalism Act provides that a
student shall not be e(pelled or suspended
solely on the basis of articles he or she has
written4 the same should not infringe on the
schoolKs right to discipline its students.
A 7he school cannot suspend or e(pel a
student solely on the basis of the articles he
or she has written4 e(cept when such article
materially disrupts class wor; or involves
substantial disorder or invasion of rights of
others.
7est of valid government interference
9#: Clear and Present "anger %ule
A 8hether the words are used in such
circumstances and of such nature as to
create a clear and present danger that they
will bring about the substantive evils that the
State has the right to prevent.
A 7he substantive evil must be e(tremely
serious and the degree of imminence
e(tremely high before utterances can be
punished.
A %ule? the danger created must not only
be clear and present but also traceable to the
ideas e(pressed.
A BclearC? seems to point to a causal
connection with the danger of the
substantive evil arising from the utterance
@uestioned
A BpresentC refers to the time element4
identified with imminent and immediate
danger
A 7he danger must not only be probable4
but very li;ely inevitable.
9&: "angerous 7endency %ule
A 8ords uttered create a dangerous
tendency of an evil which the State has the
right to prevent4 then such words are
punishable.
A Sufficient if the natural tendency and the
probable effect of the utterance were to
bring about the substantive evil that the
legislative body see;s to prevent.
9$: alancing of *nterests 7est
A 8hen particular conduct is regulated in
the interest of public order4 and the
regulation results in an indirect4 conditional
or partial abridgment of speech4 the duty of
the courts is to determine which of the two
conflicting interests demands the greater
protection under the particular
circumstances presented.
A %e@uires a court to ta;e conscious and
detailed consideration of the interplay of
interests observable in a given situation.
Assembly and Petition
A %ight to assemble is not sub5ect to prior
restraint.
A *t may not be conditioned upon prior
issuance of a permit or authorization from
government authorities.
A *t must be e(ercised in such a way as
will not pre5udice the public welfare.
A P6L*C PLAC/? permit for the use of
such place4 and not for the assembly itself4
may be validly re@uired. 7he power of local
officials is merely one of regulation.
A Permit to hold public assembly shall not
be necessary where the meeting is to be held
in a P%*>A7/ PLAC/.
Public Assembly Act? a permit shall not
be necessary where the meeting is to be held
&&
Nachura Notes Constitutional Law
in a private place4 in the campus of the
governmentAowned or operated educational
institution4 or in a freedom par;.
8here permit is re@uired4 written
application shall be filed with the mayorKs
office at least . days before the scheduled
meeting and shall be acted upon within &
days. -therwise4 permit shall be deemed
granted.
"enial shall be 5ustified only upon clear
and convincing evidence that the public
assembly will create a cleat and present
danger to public order4 safety4 convenience4
morals and health.
Action shall be communicated within &,
hours to the applicantG may appeal to
appropriate courts.
"ecision must be reached within &,
hours.
7he law permits law enforcement
agencies to detail a contingent under a
responsible officer at least #JJ meters away
from the assembly in case it becomes
necessary to maintain order.
A Academic freedom of institutions of
higher learning cannot be utilized to
discriminate against those who e(ercise their
constitutional rights.
A %ight to free assembly and petition
prevails over economic rights.
A /ducation of the youth occupies a
preferred position over the freedom of
assembly and petition.
A 7ests priorly applied by the court?
#. purpose test
&. auspice test
'reedom of %eligion
A No law shall be made respecting an
establishment of religion or prohibiting the
free e(ercise thereof.
A 7he free e(ercise and en5oyment of
religious profession and worship4 without
discrimination or preference4 shall forever
be allowed. No religious test shall be
re@uired for the e(ercise of civil or political
rights.
A & guarantees?
#. nonAestablishment clause
&. freedom of religious profession and
worship
A NonAestablishment clause? separation of
Church and State
#. cannot be registered as a political party)
&. no sectoral representative from the
religious sector) and
$. prohibition against the use of public
money or property for the benefit of any
religion4 or of any priest4 minister or
ecclesiastic.
A /(ceptions?
#. e(ception from ta(ation of properties
actually4 directly and e(clusively used for
religious purposes)
&. citizenship re@uirement of ownership of
educational institutions4 e(cept those
established by religious groups and mission
boards)
$. optional religious instruction in public
elementary and high schools e(pressed in
writing by the parents!guardians4 taught
within regular class hours) and without
additional costs on the =overnment) and
,. appropriation allowed where the minister
or ecclesiastic is employed in the armed
forces4 penal institution or in the
governmentAowned orphanage or
leprosarium.
A Scope?
#. State cannot set up a Church
&. nor pass laws which aid one religion4 aid
all religion or prefer one over another)
$. nor force nor influence a person to go to
or remain away from church against his will)
,. or force him to profess a belief or
disbelief in any religion.
A 7he term BNonAChristian tribesC does
not refer to religious belief but to degree of
civilization. 9People vs. Cayat:
A Laws4 e.g. Article #$$ of the %PC4 do
not violate freedom of religion.
&$
Nachura Notes Constitutional Law
A 'reedom of religion is accorded
preferred status4 designed to protect the
broadest possible liberty of conscience4 to
allow each man to believe as his conscience
directs4 to profess his beliefs and to live as
he believes he ought to live4 consistent with
liberty of others and with the common good.
A *ntramural religious disputes?
8here a civil right depends upon some
matter pertaining to ecclesiastical affairs4 the
civil tribunal tries the civil right and nothing
more.
B/cclesiastical AffairC is one that
concerns doctrine4 creed4 or forum of
worship of the church4 or the adoption and
enforcement within a religious association
of needful laws and regulations for the
government of the membership4 and the
power of e(cluding from such associations
those deemed unworthy of membership.
*t is not for the Court to e(ercise control
over Church authorities in the performance
of their discretionary and official functions)
it is for the members of religious
institutions!organizations to conform to 5ust
church regulations.
A 'ree /(ercise Clause
Aspects of freedom of religious
profession and worship?
#. right to believe4 which is absolute
&. right to act according to oneKs belief4
which is sub5ect to regulation.
Constitutional guarantee of free e(ercise
pf religious profession and worship carries
with it the right to disseminate religious
information4 and any restraint of such right
can be 5ustified only on the ground that there
is a clear and present danger of an evil
which the State has the right to prevent.
A 7he compelling State interest test?
/strada vs. /scritor 9administratively
charged with immorality for living with a
married man4 not her husband) con5ugal
arrangement was in conformity with their
religious beliefs:
Benevolent NeutralityC recognizes that
government must pursue its secular goals
and interests4 but at the same time4 strive to
uphold religious liberty to the greatest e(tent
possible within fle(ible constitutional limits.
7hus4 although the morality
contemplated by laws is secular4 benevolent
neutrality could allow for accommodation of
morality based on religion4 provided it does
not offend compelling state interest.
& steps?
#: 8hether respondentKs right to religious
freedom has been burdened and
&: Ascertain respondents sincerity in his
beliefs.
A State regulations imposed on
solicitations for religious purposes do not
constitute an abridgment of freedom of
religion) but are N-7 covered by P" #.3,
9Solicitation Permit Law: which re@uired
prior permit from "S8" in solicitations for
charitable or public welfare purposes)
A 'ree e(ercise clause does not prohibit
imposing a generally applicable sales and
use ta( on the sale of religious materials by
a religious organization. %esulting burden is
so incidental as to ma;e it difficult to
differentiate it from any other economic
imposition that might ma;e the right to
disseminate religious doctrines costly.
Liberty of Abode and of 7ravel
A 7he liberty of abode and of changing the
same within the limits prescribed by law
shall not be impaired e(cept upon lawful
order of the court.
A Neither shall the right to travel be
impaired e(cept in the interest of nationa$
sec%rit)4 p%b$ic saet) or p%b$ic &ea$t&4 as
may be provided by law.
A Limitations?
#: -n liberty of abode? lawful order of the
court
Caunca vs. Salazar? maid has the right to
transfer to another residence even if she had
not yet paid the amount advanced for her
&,
Nachura Notes Constitutional Law
transportation from the province by an
employment agency)
%ubi vs. Provincial oard of +indoro?
re@uiring some members of the nonA
Christian tribes to reside only within a
reservation4 validG to promote their better
education4 advancement and protection.
6niversal "eclaration of Duman %ights?
everyone has the right to leave any country4
including his own and to return to his
country.
Covenant on Civil and Political %ights?
no one shall be arbitrarily deprived of the
right to enter his own country.
&: -n right to travel? national security4
public safety or public health4 as may be
provided by law
A Lawful order of the court is a valid
restriction.
A Court may validly refuse to grant the
accused permission to travel abroad4 even if
the accused in out on bail. 9+anotoc vs. CA:
A Liberty of travel may be impaired even
without court order4 the appropriate
e(ecutive officers or administrative
authorities are not armed with arbitrary
discretion to impose limitations.
A Principles?
#: 7he DoldAdeparture -rder is but an
e(ercise of the courtKs inherent power to
preserve and maintain the effectiveness of
its 5urisdiction over the case and over the
person of the accused)
&: y posting bail4 the accused holds
himself amenable at all times to the orders
and processes of the court4 thus4 she may be
legally prohibited from leaving the country
during the pendency of the case) and
$: Parties with pending cases should apply
for permission to leave the country from the
very same courts which4 in the first instance4
are in the best position to pass upon such
applications and to impose appropriate
conditions therefore4 since they are
conversant with the facts of the cases and
the ramifications or implications thereof.
A 7he persons right to travel is sub5ect to
the usual constraints imposed by the very
necessity of safeguarding the system of
5ustice. 8hether the accused should be
permitted to leave the country for
humanitarian reasons is a matter addressed
to the courtKs discretion.
%ight to *nformation
A %ight of the people to information on
matters of public concern shall be
recognized.
A Access to official records and to
documents and papers pertaining to official
acts4 transactions pr decisions as well as to
government research data used as basis for
policy development shall be afforded the
citizen4 sub5ect to such limitations as may be
provided by law.
A Scope of the %ight? right to information
contemplates inclusion of negotiations
leading to consummation of the transactions.
7he right only affords access4 which
means the opportunity to inspect and copy
them at his e(pense.
Sub5ect to regulations? to protect
integrity of public records and to minimize
disruption of government operations.
A /(ceptions?
#: Privileged communications rooted in
separation of powers
&: *nformation on military and diplomatic
secrets
$: *nformation affecting national security
,: *nformation on investigations of crimes
by law enforcement agencies before the
prosecution of the accused.
A Need for publication of law reinforces
this right.
A 7he manner of e(amining public records
may be sub5ect to reasonable regulation by
the government agency in custody.
A 7he duty to disclose the information of
public concern4 and to afford access to
public records cannot be discretionary on the
&.
Nachura Notes Constitutional Law
part of said agencies. *ts performance may
be compelled by mandamus.
A *n %e? %e@uest for Live %adioA7>
Coverage of the 7rial in the S of the
Plunder Case against 'ormer Pres. Eoseph
/5ercito /strada4 Secretary of Eustice
Dernando Perez vs. Eoseph /5ercito /strada?
when the constitutional guarantees of
reedom o t&e press and t&e rig&t to
p%b$ic inormation4 on the one hand4 and
the %ndamenta$ rig&ts o t&e acc%sed4 on
the other hand4 along with the
constit%tiona$ po!er o a co%rt to contro$
its proceedings in ens%ring a air and
impartia$ tria$ race against another4
5urisprudence tells us that the right of the
accused must be preferred 9losing not only
his liberty but also the very life of an
accused:.
%ight to 'orm Associations
A 7he right of the people4 including those
employed in the public and private sectors4
to form unions4 associations or societies for
purposes not contrary to law shall not be
abridged.
A Scope? includes the right not to 5oin or to
disaffiliate from one.
A %ight to Stri;e? members of the civil
service may not declare a stri;e to enforce
economic demands.
A 7he ability to stri;e is not essential to the
right of association.
A 7he right of the sovereign to prohibit
stri;es or wor; stoppages by public
employees is clearly recognized at common
law. +odern rule merely incorporate or
reasserts said common law.
A %ight is not absolute.
AntiASubversion Act
+anagerial employees? receive
information that is not only confidential but
also generally not available to the public.
NonAimpairment Clause
A No law impairing the obligation of
contracts shall be passed.
A 7o fall within the prohibition4 the change
must not only impair the obligation of the
e(isting contract4 but the impairment must
be substantial.
A Change in the rights of the parties with
reference to each other and not with respect
to nonAparties.
A *mpairment? anything that diminishes the
efficacy of the contract
A Substantial impairment when the law
changes either
#: 7ime of performance
&: +ode of performance
$: *mposes new conditions
,: "ispenses with those e(pressed
.: Authorizes for its satisfaction something
different from that provided in its terms
A Limitations?
#: Police power public welfare is superior
to private rights
&: /minent domain
$: 7a(ation
A 'ranchises4 privileges4 licenses4 etc do
not come within the conte(t of the provision
Sub5ect to amendment alteration4 or
repeal by the Congress when common good
so re@uires.
'ree Access to Courts
A 'ree access to the courts and @uasiA
5udicial bodies and ade@uate legal assistance
shall not be denied to any person by reason
of poverty.
A Social 5ustice provision providing for
pauper suits.
+iranda "octrine
A Any person under investigation for the
commission of an offense shall have
7he right to be informed of his right to
remain silent and
7o have competent and independent
counsel preferably of his own choice.
&3
Nachura Notes Constitutional Law
A *f the person cannot afford the services
of counsel4 he must be provided with one.
A 7hese rights cannot be waived4 e(cept
*n writing and
*n the presence of the counsel.
A No torture4 force4 violence4 threat4
intimidation or any other means which
vitiate the free will shall be used against
him.
A Secret detention places4 solitary4
incommunicado4 or other similar forms of
detention are prohibited.
A Any confession or admission obtained in
violation of this or Section #1 shall be
inadmissible in evidence against him.
A 7he law shall provide for penal and civil
sanctions for violations of this section4 as
well as compensation to and rehabilitation of
victims of torture or similar practices4 and
their families.
A %ights are available only during
custodial investigation.
Custodial investigation or inAcustody
interrogation of accused person? any
@uestioning initiated by law enforcement
officers after a person has been ta;en into
custody or otherwise deprived of his
freedom of action in any significant way.
*nvestigation ceases to be a general
in@uiry into an unsolved crime and direction
is aimed upon a particular suspect who has
been ta;en into custody and to whom the
police would then direct interrogatory
@uestions which tend to elicit incriminating
statements.
A "oes not apply to spontaneous
statement.s.
A "oes not apply to
admissions!confessions made by a suspect
before he was placed under custodial
investigation.
A Custodial investigation includes the
practice of issuing an BinvitationC to a
person who is investigated in connection
with an offense he is suspected to have
committed4 without pre5udice to the liability
of the inviting officer for any violation.
A Police LineAup
Not considered part of custodial
investigation because it is conducted before
that stage of investigation is reached.
Process has not yet shifted from the
investigatory to the accusatory stage.
A People vs. /scordial
-utAofAcourt identification may be made
in a BshowAupC 9where the accused is
brought face to face with the witness for
identification: or in a police lineAup 9where
the suspect is identified by a witness from a
group of persons gathered for that purpose:.
"uring custodial investigation4 these
have been described as Bcritical
confrontations of the accused by the
prosecutionC necessitating the presence of
counsel. 7his is because the result of these
preAtrial proceedings might well settle the
fate of the accused and reduce the trial to a
mere formality.
+erely photographed or paraffin test4
not yet under custodial investigation.
A *nvestigations not considered as
custodial interrogations.
A Arrested person signs a boo;ing sheer
and an arrest report at the police station4 he
does not admit the commission of an offense
nor confess to any incriminating
circumstance. Said boo;ing sheet is merely
a statement of how the arrest was made and
has no probative value as an /E statement of
the person detained.
A %ights guaranteed by this provision
refers only to testimonial compulsion.
A 8hat rights are available
#: 7o remain silent)
No adverse inference from his refusal to
answer.
&: 7o competent and independent counsel
9preferably of his own choice) at all stages
of the proceeding:)
Attaches upon the start of the
investigation)
&1
Nachura Notes Constitutional Law
Lawyer should never prevent a person
from telling the truth.
%A 1,$2? AccusedKs parent4 older bro
and sis4 spouse4 +ayor4 +unicipal Eudge4
district school supervisor4 or priest or
minister of the gospel as chosen by the
accused4 may appear in lieu of the counsel
during the ta;ing of an /E confession *'?
#: Counsel of accused is absent and
&: >alid waiver had been e(ecuted.
Bcompetent and independentC willing
to safeguard the constitutional rights of the
accused4 as distinguished from one who
would merely be giving a routine
peremptory and meaningless recital of the
individualKs constitutional rights.
+ere pro forma appointment of a
counsel de officio who fails to genuinely
protect the interests of the accused merits
disapprobation.
*ndependent Counsel? not special
counsel4 City legal officer4 +ayor4
public!private prosecutor4 counsel of the
police4 or a municipal attorney4 whose
interest is admittedly adverse to the accused.
BPreferably of his own choiceC does not
mean that the choice of a lawyer by a person
under investigation is e(clusive as to
preclude other e@ually competent and
independent attorneys from handling the
defense.
Choice of lawyer when accused cannot
afford final say is still with the accused
who may re5ect said lawyer) deemed
engaged by the accused when he does not
ob5ect.
Confession obtained after charges had
already been filed? 7he right to counsel still
applies in certain preAtrial proceedings that
are considered critical stages in the criminal
process. C%stodia$ interrogation beore or
ater c&arges &a#e been i$ed1 and non2
c%stodia$ interrogation ater t&e acc%sed
&as been orma$$) c&arged1 are considered
Bcritical preAtrial stagesC in the criminal
process.
$: 7o be informed of such rights)
7ransmission of meaningful information
rather than 5ust ceremonial and perfunctory
recitation of an abstract constitutional
principle.
P must show that the accused understood
what he read and the conse@uences of his
waiver.
%ight to be informed carries with it the
correlative obligation on the part of the
investigator to e(plain and contemplates an
effective communication which results in
the sub5ect understanding what is conveyed.
9degree of e(planation depends on the
personal circumstances of the accused:
,: %ights cannot be waived e(cept in
writing and signed by the person in the
presence of his counsel)
.: No torture4 force4 violence4 etc. which
vitiates free will shall be used)
3: Secret detention places4 etc. are
prohibited) and
1: Confessions!admissions obtained in
violation of rights are inadmissible in
evidence.
& Linds of *nvoluntary!Coerced
Confession
#: Coerced confession4 the product of third
degree methods
&: 6ncounselled statements4 without the
benefit of the +iranda warning
Alleged infringement of the
constitutional rights of the accused during
custodial investigation is relevant and
material only where an e(tra5udicial
confession!admission from the accused
becomes the basis of conviction.
#01$ Constitution does not distinguish
between verbal and nonAvernal confession.
A person suspected of having committed
a crime and subse@uently charged with its
commission has the following rights in the
matter of his testifying or producing
evidence?
#: efore case is field in court or with
public prosecutor for preliminary
&2
Nachura Notes Constitutional Law
investigation4 but after having been ta;en
into custody or otherwise deprived of his
liberty and on being interrogated by the
police
7o remain silent
%ight to counsel
7o be informed of such right
Not to be sub5ected to torture4 violence4
threat4 intimidation or any other means
which vitiates free will and
7o have evidence obtained in violation
of these rights re5ected and inadmissible.
&: After the case is filed in court
7o refuse to be a witness
Not to have nay pre5udice by such
refusal
7o testify in his own behalf4 sub5ect to
crossAe(amination
8hile testifying4 refuse to answer an
incriminating @uestion
A 8aiver
9#: +ust be in writing and made in the
presence of the counsel
9&: No retroactive effect no application to
waivers made prior to AP%*L &34 #02$4 the
promulgation of +orales.
9$: urden of proof burden of proving
valid waiver is with the prosecution.
Presumption that official duty has been
regularly performed cannot prevail over the
presumption of innocence.
9,: 8hat may be waived
%ight to remain silent
%ight to counsel
N-7 the right to be informed of these
rights.
A =uidelines for Arresting!*nvestigating
-fficers 9People vs. +ahinay:
9#: Person arrested4 detained4 invited or
under custodial investigation must be
informed in a language ;nown to and
understood by him of the reason for his
arrest and must be shown the warrant of
arrest4 if any.
9&: De must be warned that he has the right
to remain silent and that any statement he
ma;es may be used as evidence against him.
9$: De must be informed that he has the
right to be assisted at all times and have the
presence of an independent and competent
lawyer4 preferably of his own choice.
9,: De must be informed that if he has no
lawyer or cannot afford one4 a lawyer will
be provided for him) and that a lawyer may
also be engaged by any person in his behalf
or may be appointed by the Court upon
petition of the person or one acting in his
behalf.
9.: 7hat whether or not the person arrested
has a lawyer4 he must be informed that no
custodial investigation in any form shall be
conducted e(cept in the presence of his
counsel or after a valid waiver.
93: 7he person arrested must be informed
that4 at any time4 he has the right to
communicate or confer by the most
e(pedient means with his lawyer4 any
member of his immediate family4 or any
medical doctor4 priest or minister chose by
him or anyone of his immediate family or by
his counsel4 or be visited by!confer with
duly accredited national or international
nonAgovernmental organization. *t shall be
the responsibility of the officer to ensure
that this is accomplished.
91: De must be informed that he has the
right to waive any said rights provided it is
made voluntarily4 ;nowingly and
intelligently4 and ensure that he understood
the same.
92: *f the person arrested waives his right to
a lawyer4 he must be informed that this must
be done in writing and in the presence of the
counsel4 otherwise he must be warned that
the waiver is void even if he insists in his
waiver and chooses to spea;.
90: 7he person arrested must be informed
that he may indicate in any manner at any
time or stage of the process that he does not
wish to be @uestioned with a warning that
&0
Nachura Notes Constitutional Law
once he ma;es such indication the police
may not interrogate him if the same had not
yet commenced or the interrogation must
cease if it had already begun.
9#J: 7he person arrested must be
informed that the initial waiver of his right
to remain silent4 the right to counsel or to
any other rights does not bar him from
invo;ing it at any time during the process4
regardless of whether he may have answered
some @uestions or volunteered some
statements.
9##: De must be informed that any
statement or evidence4 as the case may be4
obtained in violation of any of the foregoing4
inculpatory or e(culpatory4 in whole or in
part4 shall be inadmissible.
A /(clusionary %ule?
Confession!Admission obtained in violation
of Section #& and #14 Article *** of the
Constitution shall be inadmissible in
evidence.
A Confession? declaration made
voluntarily and without compulsion or
inducement by a person ac;nowledging that
he has committed or participated in the
commission of a crime.
A Any allegation of force4 duress4 undue
influence or other forms of involuntariness
in e(acting such confession must be proved
y clear4 convincing and competent evidence
by the defense. -therwise4 the confessionKs
full probative value may be used to
demonstrate the guilt of the accused.
A 'ruit of the Poisonous 7ree? 9Eustice
'ran;furter Nardone vs. 6S:
-nce the primary source is shown to
have been unlawfully obtained4 any
secondary or derivative evidence derived
from it is also inadmissible.
asis? evidence illegally obtained by the
State should not be used to gain other
evidence.
A %eceipt of Seized Property if signed by
the accused without assistance of counsel
and not having been informed of his
constitutional rights is inadmissible.
People vs. Linsangan? initialed the P#J
bill that the police found tuc;ed in his waist.
>alid. ecause possession of mar;ed bills
did not constitute a crime4 the sub5ect if the
prosecution being his act of selling
mari5uana cigs.
A %eAenactment of the Crime before4
must be appraised of his constitutional
rights.
A %es =estae admissible.
A 8aiver of /(clusionary %ule? failure to
ob5ect to offer in evidence.
%ight to ail
A All persons e(cept those charged with an
offense punishable by %P4 when evidence of
guilt is strong4 shall before conviction be
bailable by sufficient sureties or be released
on recognizance as may be provided by law.
A 7he right to bail shall not be impaired
even when the privilege of the writ of
habeas corpus is suspended.
A /(cessive bail shall not be re@uired.
A ail? is the security given for the release
of a person in custody of the law4 furnished
by him or a bondsman4 conditioned upon his
appearance before any court as may be
re@uired.
A Any person under detention4 even if no
formal charge have yet been field4 can
invo;e the right to bail.
A 8hen bail is authorized4 it should be
granted before arraignment4 otherwise4 the
accused may be precluded from filing a
motion to @uash.
A /(ceptions?
#. when charged with an offense
punishable by %P 9or higher: and evidence
of guilt is strong
&. traditionally4 not available to military
A "uty of the Court when accused is
charged with an offense punishable by %P or
higher.
$J
Nachura Notes Constitutional Law
Dearing on the motion for bail must be
conducted by the 5udge.
Prosecution must be given an
opportunity to present all the evidences.
Applicant having right of crossA
e(amination and to introduce evidence in
rebuttal.
*f prosecution refuses to adduce
evidence or fails to interpose an ob5ection to
the motion for bail4 it is still mandatory for
the court to conduct a hearing or as;
searching and clarificatory @uestions from
which it may infer the strength of the
evidence of guilt or lac; of it.
A 7he hearing on the petition for bail need
not at all times precede arraignment4
because the rule is that a person deprived of
his liberty by virtue of his arrest or voluntary
surrender may apply for bail as soon as he is
deprived of his liberty4 even before a
complaint or information is filed against
him.
A CourtKs order granting or refusing bail
must contain summary of evidence for the
prosecution.
A 7he assessment of the evidence
presented during bail hearing is only for the
purpose of granting or denying an
application for the provisional release of the
accused liberal in their approach4 not
being a final assessment.
A ail is either?
#: A matter of right
efore or after conviction by +e7C4
+7C +7C in Cities4 +C7C
efore conviction by %7C of an offense
not punishable by death4 %P or life
imprisonment.
&: Eudges discretion
6pon conviction by %7C of an offense
not punishable by death4 %P or life
imprisonment.
7he court4 in its discretion4 may allow
the accused to continue on provisional
liberty under the same bail bond during the
period to appeal4 sub5ect to consent of
bondsman.
*f court imposes penalty of
imprisonment of 3A&J years4 accused shall
be denied bail or bail previously granted
cancelled4 upon showing by prosecution
that?
#: 7he accused is a recidivist4 @uasiA
recidivist4 habitual delin@uent4 or has
committed the crime aggravated by the
circumstance of reiteration)
&: 7he accused is found to have previously
escaped from legal confinement4 evaded
sentence or has violated the conditions of his
bail without valid 5ustification)
$: 7he accused committed the offense
while on probation4 parole or under
conditional pardon)
,: Circumstances of the accused or his case
indicate the probability of flight if released
on bail) and
.: 6ndue ris; that during pendency of the
appeal4 the accused may commit another
crime.
$: "enied
Accused is charged with a capital
offense or an offense punishable by %P or
higher and evidence of guilt is strong.
Principle denying bail to an accused
charged with a capital offense where
evidence of guilt is strong4 applies with
e@ual force to the appellant who4 though
convicted of an offense not punishable by
death4 %P4 or life imprisonment was
nevertheless originally charged with a
capital offense.
A Standards for fi(ing bail
#: 'inancial ability of the accused
&: Nature and circumstances of the offense
$: Penalty for the offense charged
,: Character and reputation of the accused
.: Penalty for the offense charged
3: 8eight of the evidence against him
1: Age and health
2: Probability of appearing at the trial
0: 'orfeiture of other bonds by him
$#
Nachura Notes Constitutional Law
#J: 'act that he was a fugitive from 5ustice
when arrested
##: Pendency of other cases in which he is
under bond
A %ight to ail and /(tradition
9=overnment of the 6.S. vs. Eudge Purungan
and +ar; Eimenez:
7he constitutional provision on bail
applies only when a person is arrested and
detained for violation of Philippine criminal
laws. *t does not apply to e(tradition
proceedings4 because e(tradition courts do
not render 5udgments of ac@uittal or
conviction.
*t flows from the presumption of
innocence in favor of every accused who
should not be sub5ected to the loss of
freedom unless his guilt is proved beyond
reasonable doubt. 7he constitutional
provision on bail will not apply to a case of
e(tradition where the presumption of
innocence is not an issue.
/(tradition proceedings are separate and
distinct from the trial of the offenses for
which he is charged.
De should apply for bail before the
courts trying the criminal cases against him4
not before the e(tradition court.
After a potential e(tradite has been
arrested and placed under custody of the
law4 bail may be applied for and granted as
an e(ception4 only after clear and
convincing showing that
a. -nce granted bail4 the applicant will not
be a flight ris; or a danger to the
community4 and
b. 7here e(ists special4 humanitarian and
compelling circumstances.
A 8aiver of the %ight to ail personal to
the accused.
A 7he right to bail is not impaired by the
suspension if the privilege of the writ of
habeas corpus.
Constitutional %ights of the Accused
A No person shall be held to answer for a
criminal offense without due process of law.
A *n all criminal prosecutions4
the accused shall be presumed innocent
until the contrary is proved4
and shall en5oy the right to be heard by
himself and counsel4
to be informed of the nature and cause of
accusation against him4
to have a speedy4 impartial and public
trial4
to meet the witnesses face to face4 and
to have compulsory process to secure the
attendance of the witnesses and the
production of evidence in his behalf.
A After arraignment4 trial may proceed
notwithstanding the absence of the accused4
provided that he has been duly notified and
the failure to appear is un5ustifiable.
A Criminal due process?
#: accused has been heard in a court of
competent 5urisdiction
&: accused is proceeded against under the
orderly processes of law
$: accused has been given notice and the
opportunity to be heard
,: 5udgment rendered was within the
authority of a constitutional law
A 6nreasonable delay in resolving
complaint is violation of the right to due
process and to speedy trial dismissal of
complaint.
/(ception? petitionerKs own acts or
comple(ity of the issues involved.
A Dearing before an impartial and
disinterested tribunal. ias must be shown
by clear and convincing evidence.
A %ight to a hearing
A Plea of guilt to a capital offense.
+andatory that?
#: 7C must conduct a searching in@uiry
into the voluntariness of the plea and the full
comprehension of the conse@uences)
&: Prosecution should present evidence to
prove the guilt of the accused and the
precise degree of his culpability) and
$&
Nachura Notes Constitutional Law
$: Accused must be as;ed if he desires to
present evidence in his behalf and should be
allowed to do so if he desires.
A 7he State and the offended party are
entitled to due process
A Presumption of *nnocence? every
circumstance favoring the innocence of the
accused must be ta;en into account.
8ill N-7 apply if there is some logical
connection between the fact proved and the
ultimate fact presumed4 and the inference of
one fact from proof of another shall not be
so unreasonable as to be purely arbitrarily
mandate.
Can be invo;ed only by an individual
accused of a criminal offense.
Corporate entity has no personality to
invo;e the same.
A Presumption that official duty was
regularly performed cannot4 by itself4 prevail
over the constitutional presumption of
innocence.
/(ception? when it is not the sole basis
for conviction.
A Constitutional presumption may be
overcome by contrary presumptions based
on e(perience of human conduct. 9e.g.
une(plained wealth:
A Circumstantial evidence in order to
warrant conviction?
#: +ore than one circumstance
&: 'acts from which the inference are
derived are proven
$: Combination of all the circumstances is
such as to produce a conviction beyond
reasonable doubt.
A /@uipose %ule? applicable only when the
evidence adduced by the parties are evenly
balanced4 in which case the constitutional
presumption of innocence should tilt the
scales in favor of the accused.
A %ight to be heard by himself and
counsel? efficient and truly decisive legal
assistance.
Proceeds from fundamental principle of
due process.
%ight to counsel during the trial is not
sub5ect to waiver because even the most
intelligent or educated man may have no
s;ill in the science of law4 particularly in the
rules of procedure4 and without counsel. De
may be convicted not because he is guilty
but because he does not ;now how to
establish his innocence.
'ailure of the record to disclose
affirmatively that the 7C advised the
accused of his right to counsel is not
sufficient ground to reverse conviction. 7he
7C must be presumed to have complied with
the procedure prescribed by law for the
hearing and trial of the cases4 and such
presumption can be overcome only by an
affirmative showing to the contrary.
A %ight to counsel is not indispensable to
due process of law.
/(ceptions? cannot be waived during
trial.
ut this is not absolute. -ption cannot
be used to sanction reprehensible dilatory
tactics4 to trifle with %-C4 or pre5udice the
e@ually important rights of the State and the
offended party to speedy and ade@uate
5ustice.
A BPreference in the choice of counselC
pertains more aptly and specifically to a
person under custodial investigation rather
than one who is accused in a criminal
prosecution. Such preferential discretion
cannot parta;e of discretion so absolute and
arbitrary as would ma;e the choice of
counsel refer e(clusively to the prediction of
the accused.
A =eneral %ule? a client is bound by the
mista;es of his lawyer
/(ceptions? when the negligence or
incompetence of counsel is deemed gross as
to have pre5udiced the constitutional right of
the accused to be heard.
A %ight to be informed of the nature and
cause of accusation against him.
%easons?
$$
Nachura Notes Constitutional Law
#. furnish the accused with such a
description of the charge against him as will
enable him to prepare for his defense)
&. avail himself of his conviction or
ac@uittal for protection against a further
prosecution for the same cause) and
$. to inform the Court of the facts alleged4
so that it may decide whether they are
sufficient in law to support a conviction.
A 8hen a 5udge is informed or discovers
that an accused is apparently in a condition
of insanity or imbecility4 it is within his
discretion to investigate the matter.
A %e@uisites? 7he information must state?
#. name of the accused
&. designation of the offense given by
statute
$. statement of acts or omissions so
complained of as constituting the offense
,. name of the offended party
.. appro(imate time and date of the
commission of the offense
3. place where the offense has been
committed
1. facts and circumstances that have a
bearing on the culpability and liability of the
accused
A /very element of the offense must be
alleged in the complaint or information4
because the accused is presumed to have no
independent ;nowledge of the facts that
constitute the offense charged.
A Not necessary to state the precise time
when the offense was committed e(cept
when time is a material ingredient of the
offense.
A "escription not the designation of the
offense controls.
A Accused can be convicted only of the
crime alleged or necessarily included in the
allegations in the information.
A 8hile a 7C can hold a 5oint trial of & or
more criminal case and can render a
consolidated decision4 it cannot convict the
accused of the comple( crime constitutive of
the various crimes of the & informations.
A >oid for >agueness %ule? the law is
deemed void where the statute itself is
couched in such indefinite language that it is
not possible for men of ordinary intelligence
to determine what acts or omissions are
punishable.
A 7he right to be informed of the nature
and cause of the accusation against may not
be waived but the defense may waive the
right to enter a plea and let the court enter a
plea of not guilty.
A *ndictment must fully state the elements
of the specific offenses alleged to have been
committed. An accused cannot be convicted
of an offense4 even if duly proven4 unless it
is alleged or necessarily included in the
complaint or information.
"ifferent matter if the accused
themselves refused to be informed of the
nature and cause of the accusation against
them.
A Accused may be convicted of as many
offenses charged in the information and
proved during the trial4 where he fails to
ob5ect to such duplicitous information
during the arraignment.
A *nformation which lac;s certain material
allegations may sustain a conviction if the
accused fails to ob5ect to its sufficiency
during trial and deficiency is cured by
competent evidence presented therein.
A %ight to Speedy4 *mpartial and Public
7rial
Speedy 7rial
'ree from ve(atious4 capricious and
oppressive delays.
Accused entitled to dismissal4 e@uivalent
to ac@uittal4 if trial is unreasonably delayed.
%elative sub5ect to reasonable delays
and postponements arising from illness4
medical attention4 body operations4 etc.
Aggrieved party also has the same rights
as the accused.
Separate trial is in consonant with the
right of the accused to a speedy trial.
%A 2,0$ 9Speedy 7rial Act:?
$,
Nachura Notes Constitutional Law
o Arraignment of the accused w!in $J
days from the filing of the information or
from the date the accused has appeared
before the 5ustice4 5udge or court in which
the charge is pending4 whichever date last
occurs.
o *f plea of not guilty has #. days to
prepare for trial.
o 7rial shall commence w!in $J days from
arraignment as fi(ed by the court.
o No case shall the entire trial period
e(ceed #2J days from the first day of trial4
e(cept as otherwise authorized by the Chief
Eustice of the SC.
*mpartial 7rial
Bcold neutrality of an impartial 5udgeC
for the benefit of the litigants and is also
designed to preserve the integrity of the
5udiciary and to gain and maintain the
peopleKs faith in the institution s they have
erected when they adopted the Constitution.
Pervasive publicity is not per se
pre5udicial to the right of the accused to a
fair trial.
7rial 5udges must be accorded a
reasonable leeway in as;ing @uestions as
may be essential to elicit relevant facts and
to bring out the truth. 7his is not only a right
but also duty of the 5udge.
Public 7rial
*ntended to prevent abuses that may be
committed against accused.
Not absolute.
Not synonymous to publicized trial.
+eans that the court doors must be open
to those who wish to come4 sit in the
available seats4 conduct themselves with
decorum and observe trial processes.
A %ight to +eet the 8itnesses 'ace to
'ace right to crossAe(amine the
complainant and the witnesses.
7estimony of the witness who has not
submitted himself to crossAe(amination is
not admissible in evidence being hearsay.
7his right can be waived.
A %ight to Compulsory Process to secure
the attendance of witnesses and the
production of evidence.
Subpoeana process directed to a person
re@uiring him to attend and to testify at the
hearing or trial of an action or at any
investigation conducted under the laws of
the Philippines or for the ta;ing of his
deposition.
& ;inds?
#. subpoena ad testificandum? compel a
person to testify
&. subpoena duces tecum? compel the
production of boo;s4 records4 things or
documents
o test of relevancy? boo;s4 documents or
other things re@uested must appear prima
facie relevant to the issue sub5ect of the
controversy
o test of definiteness? such boo;s must be
reasonably described by the parties to be
readily identified
A %e@uisites?
#. evidence is really material
&. accused is not guilty of neglect in
previously obtaining the production of such
evidence
$. the evidence will be available at the time
desired
,. no similar evidence can be obtained.
A 7rial in absentia
Purpose is to speed up the disposition of
criminal cases.
+andatory upon the court whenever the
accused has been arraigned4 notified of the
date!s of hearing!s and his absence is
un5ustified.
After the accused has waived further
appearance during trial4 he can still be
ordered arrested by the court for nonA
appearance upon summons to appear for
purposes of identification.
Presence of the accused is mandatory?
#. arraignment and plea
&. during trial4 for purposes of
identification
$.
Nachura Notes Constitutional Law
$. promulgation of sentence4 e(cept for
light offense wherein accused may appear
by counsel!representative
Accused who escapes from confinement4
5umps bail or flees to a foreign country4
loses his standing in court and unless he
surrenders or submits himself to the
5urisdiction of the court4 he is deemed to
waive his right to see; relief from the court.
Dabeas Corpus
A 7he privilege of the writ of habeas
corpus shall not be suspended e(cept in
cases of in#asion or rebe$$ion !&en p%b$ic
saet) re3%ires it.
A "efinition? a writ issued by a court
directed to a person detaining another4
commanding him to produce the body of the
prisoner at a designated time and place4 with
the day and cause of his caption!detention4
to do4 to submit to and to receive whatever
the court!5udge awarding the writ shall
consider in his behalf.
A 8hen available? restores the liberty of an
individual sub5ected to physical restraint. *t
secures to the prisoner the right to have the
cause of his detention e(amined and
determined by the courts) and to have the
issue ascertained as to whether he is held
under lawful authority.
A +ay also be availed of where4 as a
conse@uence of a 5udicial proceeding?
#. there has been deprivation of
constitutional rights
&. the court has no 5urisdiction to impose
the sentence
$. e(cessive penalty has been imposed4
since such sentence is void as to the e(cess.
A 7he writ will not issue where the person
alleged to be restrained on liberty is in the
custody of an officer under a process issued
by the court which has 5urisdiction to do so.
A /ven if the detention is at its inception
illegal4 supervening events such as the
issuance of a 5udicial process4 may prevent
the discharge of the detained person.
A 7hat the preliminary investigation was
invalid and that the offense had already
prescribed is not a ground to grant the
issuance of habeas corpus.
%emedy? motion to @uash the 8-A or
file a motion to @uash the information based
on prescription.
A "esaparecidos 9disappeared persons:4
persons in whose behalf the writ was issued
could not be found %emedy? refer the
matter to the Commission on Duman %ights
*n case of doubt4 the burden of proof
rests on the officers who detained them and
who claim to have effected the release of the
detainees.
A All courts of competent 5urisdiction may
entertain petitions for DC to consider the
release of petitioners convicted of violation
of the "angerous "rugs Act4 provided they
have served the ma(imum term of the
applicable penalties newly prescribed by %A
13.0.
A DC lies only where the restraint of the
personKs liberty has been 5udicially ad5udged
to be illegal or unlawful.
A Loss of 5udicial records4 after #& years of
detention in the service of the sentence
imposed upon conviction4 will not entitle
him to be released on DC. %emedy?
reconstitution of 5udicial records.
A Dave to comply with the writ.
"isobedience constitutes contempt of court.
A *n case of invasion or rebellion4 when
the public safety re@uires it4 the President
may for a period not e(ceeding 3J days4
suspend the privilege of the writ of DC.
A 8!in ,2 hours from the suspension4 the
President shall submit a report4 in person or
in writing4 to Congress.
A Congress4 voting 5ointly by a ma5ority
vote of at least a ma5ority of all its members
in regular or special session may revo;e
such proclamation or suspension4 such
revocation shall not be set aside by the
President.
$3
Nachura Notes Constitutional Law
A 6pon initiative of the President4 the
Congress may4 in the same manner4 e(tend
such proclamation or suspension for a period
to be determined by Congress4 if the
invasion or rebellion shall persists and
public safety re@uires it.
A SC may review4 in appropriate
proceeding filed by any citizen4 the
sufficiency of the factual basis for the
proclamation of martial law and the
suspension of the privilege of the DC or the
e(tension thereof.
A SC must promulgate its decision w!in $J
days from filing.
A 7he suspension of the privilege of the
writ shall apply only to persons charged for
rebellion or offenses inherent in or directly
connected with invasion.
A "uring the suspension of the privilege of
the writ4 any person thus arrested or detained
shall be 5udicially charged within $ days4
otherwise he shall be released.
A Suspension of the privilege does not
suspend the right to bail.
Speedy "isposition of Cases
A All persons shall have the right to a
speedy disposition of cases before all
5udicial4 @uasiA5udicial or administrative
bodies.
A Not limited to the accused in a criminal
proceedings4 but e(tends to all cases4
including civil and administrative cases and
in all proceedings including 5udicial and
@uasiA5udicial hearings.
A Li;e right to speedy trial4 this right is
violated only when the proceedings are
attended by ve(atious4 capricious and
oppressive delays or when un5ustified
postponements of the trial are as;ed for and
secured4 or when without cause or 5ustifiable
motive a long period of time is allowed to
elapse without the party having his case
tried.
A 6nli;e right to speedy trial4 this right is
available not only during trial but also when
the case has already been submitted for
decision.
A %ight e(tends to all citizens4 including
those in the military4 and covers the period
before4 during and after trial.
A %ight can be waived failure to
seasonably assert this right.
SelfAincrimination
A No person shall be compelled to be a
witness against himself.
A %ight is available not only in criminal
prosecutions but also in all other
government proceedings4 including civil
actions and administrative or legislative
investigations.
A *t may be claimed not only by the
accused but also by any witness to whom a
@uestion calling for an incriminating answer
is addressed.
A =eneral %ule? it may be invo;ed only
when and as the @uestion calling for an
incriminating answer is as;ed. 7his applies
only to ordinary witness.
*n criminal prosecution accused may not
be compelled to ta;e the witness stand.
Similarly applicable to a respondent in
an administrative proceeding.
A Scope? not against all compulsion4 but
testimonial compulsion only. 9not the
inclusion of his body in evidence when it
may be material:
Prohibition e(tends to the compulsion
for the production of documents4 papers and
chattels that may be used as evidence
against the witness4 e(cept where the State
has a right to inspect the same such as the
boo;s of accounts of corporations4 under the
police or ta(ing power or where a
government official is re@uired to produce
official documents!public records which are
in their possession.
Also protects the accused against any
attempt to compel him to furnish a specimen
$1
Nachura Notes Constitutional Law
of his handwriting in connection with a
prosecution for falsification.
A *mmunity?
#: 7ransactional *mmunity? witness
immune from any criminal prosecution for
an offense to which his compelled testimony
relates.
&: 6se and 'ruit *mmunity? prohibits the
use of the witnessK compelled testimony and
its fruits in any manner in connection with
the criminal prosecution of the witness.
A 7hose granted this privilege paid a high
price the surrender of their right to remain
silent. Should be given a liberal
interpretation.
A 8aiver? either directly or by failure to
invo;e it4 provided that the waiver is certain
and une@uivocal and intelligently made.
NonAdetention by %eason of Political eliefs
or Aspirations
A No person shall be detained solely by
reason of his political beliefs or aspirations.
*nvoluntary Servitude
A No involuntary servitude in any form
e(ist e(cept as a punishment for a crime
whereof the party shall have been duly
convicted.
A /(ceptions?
#: Punishment for a crime whereof one has
been duly convicted)
&: Patria potestas
$: Posse comitatus
,: %eturn to wor; order in industries
affected by public interest
.: Service in defense of the state
3: Naval 9merchant marine: enlistment
Prohibited Punishment
A /(cessive fines shall not be imposed.
A Nor cruel4 degrading or inhuman
punishment inflicted.
A Neither shall death penalty be imposed4
unless for compelling reasons involving
heinous crimes4 the Congress hereafter
provides for it.
A Any death penalty already imposed shall
be reduced to %P.
A 7he employment of physical4
psychological or degrading punishment
against any prisoner or detainee4 or the use
of substandard or inade@uate penal facilities
under subhuman conditions shall be dealt
with by law.
A +ere severity does not constitute cruel
or unusual punishment.
A 7he penalty must be flagrantly and
plainly oppressive4 wholly disproportionate
to the nature of the offense as to shoc; the
moral sense of the community.
A "eath penalty is not a cruel or unusual
punishment. *t is an e(ercise of the StateKs
power to secure society against the
threatened and actual evil.
Automatic review in death penalty cases
shall proceed even in the absence of the
accused4 considering that nothing less than
life is at sta;e and any court decision must
be errorAfree as possible.
NonAimprisonment for "ebt
A No person shall be imprisoned for debt
or nonApayment of a poll ta(.
A 8hile the debtor cannot be imprisoned
for failure to pay his debt4 he can be validly
punished in a criminal action if he
contracted his debt through fraud4 as his
responsibility arises not from the contract of
loan4 but from the commission of the crime.
"ouble Eeopardy
A No person shall be twice put in 5eopardy
of punishment for the same offense.
A *f an act is punished by law and an
ordinance4 conviction or ac@uittal under
either shall constitute a bar to another
prosecution for the same act.
A %e@uisites?
#. valid complaint or information
$2
Nachura Notes Constitutional Law
does not attach in preliminary
investigation.
&. filed before a competent court
mista;e has been made in charging the
proper offense4 the first charge shall be
dismissed to pave the way for the filing of
the proper offense. 7he dismissal of the first
case will not give rise to double 5eopardy
inasmuch as the court does not have
5urisdiction over the case4
$. to which defendant had pleaded
no arraignment Q no double 5eopardy
grant of motion to @uash4 filed before the
accused ma;es his plea4 can be appealed by
the prosecution because the accused has not
yet been placed in 5eopardy.
,. defendant was previously ac@uitted or
convicted4 or the case dismissed or
otherwise terminated without his e(press
consent
promulgation of only one part of the
decision is not a bar to the promulgation of
the other part4 the imposition of the criminal
accountability and does not constitute a
violation of the proscription against double
5eopardy.
A "ismissal of action
#. permanent dismissal
#: termination of the case on the merits
resulting in either conviction or ac@uittal
&: dismissal of the case because of the
prosecutionKs failure to prosecute
$: dismissal on the ground of unreasonable
delay in violation of the right to speedy trial
&. provisional dismissal dismissal without
pre5udice to reinstatement before order of
dismissal becomes final or to subse@uent
filing of a new information within the
periods allowed by law.
A /(press consent directly given4 either
viva voce or in writing4 a positive4 direct4
une@uivocal consent re@uiring no inference
or implication to supply its meaning.
A 8hen dismissal is made at the instance
of the accused4 there is no double 5eopardy.
A 8hen the ground for motion to dismiss
is insufficiency of evidence 9grant of
demurrer: e@uivalent to an ac@uittal and
any further prosecution would violate the
constitutional proscription against double
5eopardy.
A 8hen the proceedings have been
unreasonably prolonged as to violate the
right of the accused to speedy trial double
5eopardy
A %evival of the case provisionally
dismissed timeAbar for the revival of
criminal cases provisionally dismissed with
the e(press consent of the accused and with
prior notice to the offended party?
#: & years if the offense charged is
penalized by more than 3 years
imprisonment
&: # years if the penalty imposed does not
e(ceed 3 years imprisonment or a fine in
whatever amount
A Prohibits the state from appealing or
filing a petition for review if 5udgment of
ac@uittal that was based on the merits of the
case. Certiorari will lie to correct errors of
5udgment.
A "ouble 5eopardy provides three related
protections?
#: Against &
nd
prosecution for the same
offense after ac@uittal)
&: Against a &
nd
prosecution for the same
offense after conviction) and
$: Against multiple punishments for the
same offense.
A *nstances when prosecution may appeal
#: Prosecution is denied due process4 such
denial results in loss or lac; of 5urisdiction
and this appeal may be allowed
&: Accused has waived or is estopped from
invo;ing his right against double 5eopardy
A No double 5eopardy
#: +istrial
&: State is deprived of fair opportunity to
prosecute and prove its case
$: "ismissal of information!complaint is
purely capricious
$0
Nachura Notes Constitutional Law
,: Lac; of proper notice to be heard
.: Accused waives or is estopped from
invo;ing his right against double 5eopardy.
3: "ismissal!ac@uittal is made with grave
abuse of discretion
A "ischarge of coAaccused to be utilized as
government witness
A Accused cannot be prosecuted anew for
an identica$ oense4 or for any attempt to
commit the same or r%stration thereof4 or
for any offense which necessari$) inc$%des
or is necessari$) inc$%ded in the offense
charged in the original complaint or
information.
A "octrine of Supervening /vent the
accused may still be prosecuted for another
offense if a subse@uent development
changes the character of the first indictment
under which he may have already been
charged or convicted.
7he conviction of the accused shall not
be a bar to another prosecution for an
offense which necessarily includes the
offense charged in the original complaint or
information when?
a. =raver offense developed due to
supervening facts arising from the same act
or omission)
b. 'acts constituting the graver offense or
were discovered only after the filing of the
former complaint or information) or
c. 7he plea of guilty to a lesser offense was
made without the consent of the fiscal or the
offended party.
/( post facto law and ill of attainder
A No e( post facto law or bill of attainder
shall be enacted.
A /( post facto law
Linds
a. Law that ma"es crimina$ an action done
before the passage of the law and which was
innocent when done4 and punishes such
action)
b. Law that aggra#ates a crime4 or ma;es
it greater than it was when committed)
c. Law that c&anges t&e p%nis&ment4 and
inflicts a greater punishment than the law
anne(ed to the crime when committed)
d. Law that a$ters $ega$ r%$es o e#idence
and receives less or different testimony than
the law re@uired at the time of the
commission of the offense4 in order to
convict the offender)
e. Law which4 assuming to regulate civil
rights and remedies only4 in eect imposes
a pena$t) or t&e depri#ation o a rig&t for
something which when done was lawful)
f. Law which deprives a person accused of
a crime of some lawful protection to which
they have been entitled
Characteristics
a. %etroactive
b. 8or;s to the pre5udice of the accused
c. %efers to criminal matters
A ill of attainder
"efinition? legislative act that inflicts
punishment without trial.
Substitutes legislative fiat for a 5udicial
determination of guilt.
*t is only when the statute applies either
to named individuals or to easily
ascertainable members of a group in such a
way as to inflict punishment on them
without 5udicial trial that it becomes a bill of
attainder.
AntiASubversion Act is not a bill of
attainder. simply declares that the
Communist Party is an organized conspiracy
to overthrow the =overnment and for
definitional purposes only.
*II. CITI4ENSHIP
A "efinition? membership in a political
community which is personal and more or
less permanent in character.
A Nationality is membership in any class
or form of political community. *t does not
necessarily include the right!privilege of
e(ercising civil or political rights.
A +odes of ac@uiring?
#: +arriage
,J
Nachura Notes Constitutional Law
&: irth
A Eus soli
A Eus sanguinis
$: Naturalization
A NaturalAborn citizens citizens of the
Philippines from birth without having to
perform any act to ac@uire or perfect their
Philippine citizenship.
A +arriage by 'ilipino to an alien
citizens of the Philippines who marry aliens
shall retain their citizenship4 unless by their
act or omission they are deemed4 under the
law4 to have renounced it.
A "ual allegiance of citizens is inimical to
the national interest and shall be dealt with
by law.
A "ual citizenship as a dis@ualification
under the L=C must refer to dual allegiance.
A 'or candidates with dual citizenship4 it is
sufficient that they elect Philippine
citizenship upon the filing of their certificate
of candidacy to terminate their status as
persons with dual citizenship.
'iling of certificate of candidacy is
sufficient to renounce foreign citizenship.
A Attac; on oneKs citizenship may be made
only through a direct and not collateral
attac;.
A "octrine of res 5udicata does not
ordinarily apply to @uestions of citizenship.
/(ception?
#: PersonKs citizenship is resolved by a
court or an administrative body as a material
issue in the controversy4 after fullAblown
hearing
&: Active participation of the Sol=en or his
representative
$: 'inding of citizenship is affirmed by the
SC
A Citizens of the Philippines
#: Citizens of the Philippines at the time of
the adoption of the #021 Constitution
&: 8hose fathers or mothers are citizens of
the Philippines
$: orn before Eanuary #14 #01$4 of
'ilipino mothers4 who elect Philippines
citizenship upon reaching the age of
ma5ority
/lection stated in a statement to be
signed and sworn to by the party concerned
before any official authorized to administer
oath.
'iled with the nearest Civil %egistry
Accompanied with the -ath of
Allegiance to the Constitution and the
=overnment
8ithin $ years from reaching the age of
ma5ority e(cept when there is 5ustifiable
reason for delay.
"octrine of *mplied /lection e(ercise
of right of suffrage and participation in the
election e(ercises
%ight is available to the child as long as
the mother was a 'ilipino citizen at the time
of the marriage to the alien4 even if by
reason of such marriage4 she lost her
Philippine citizenship and even if the mother
was not a citizen at time of birth.
%ight to elect Philippine citizenship is an
inchoate right
"uring his minority4 child is an alien.
Apply only to legitimate children.
*f the child is illegitimate4 he follows the
status and citizenship of his ;nown parent4
the mother.
,: Naturalization
A +odes of Naturalization
"irect
#: Eudicial or administrative proceedings
&: Special act of legislature
$: Collective change of nationality4
resulting from cession or sub5ugation
,: Adoption of orphan minors as nationals
of the State where they were born
"erivative
#: Alien woman upon marriage to a
national
&: +inor children of naturalized person
$: 8ife of naturalized husband
,#
Nachura Notes Constitutional Law
A "octrine of *ndelible Allegiance?
individual may be compelled to retain his
original nationality even if he has already
renounced or forfeited it under the laws of
the second State whose nationality he has
ac@uired.
A <ualifications?
#: Not less than &# at the date of the
hearing)
&: %esided in the Philippines for a
continuous period of #J years
%educed to . years *'
#: orn in the Philippines
&: Donorably held office in =overnment
$: *ntroduced a useful invention or
established a new industry
,: /ngaged as a teacher in the Philippines4
public or private school 9e(cept those
established for the e(clusive instruction of
persons of a particular nationality: or in any
branches of education or industry for a
period of not less than & years
$: =ood moral character) believes in the
underlying principles of the Constitution)
conducted himself in a proper and
irreproachable manner during his residency
,: -wn real estate in the Philippines not
less than P.4JJJ4 have some lucrative trade4
profession or lawful occupation
.: Spea; and write /nglish!Spanish!any
principal Philippine languages
3: /nrolled his minor children of school
age to public!private schools recognized by
the =overnment4 where Philippine history4
government and civic are taught
A "is@ualifications?
#: -pposed to organized government or
affiliated with any association of
groups!persons who uphold and teach
doctrines opposing all organized
governments
&: "efending or teaching the propriety of
violence4 personal assault4 assassination for
the success or predominance of ideals
$: Polygamists or believers
,: Convicted of a crime involving moral
turpitude
.: Suffering from mental alienation or
incurable contagious disease
3: 8ho4 during the period of their
residence4 have not mingled socially with
'ilipinos or who have not evinced a sincere
desire to learn and embrace the customs4
traditions and ideals of the 'ilipinos
1: Citizens and sub5ects of nations with
whom the Philippines is at war4 during the
period of such war
2: Citizens and sub5ects of foreign country
whose law does not grant 'ilipinos the right
to become naturalized citizens
A Procedure
#: 'ile declaration of intention with Sol=en
one year prior to the filing of the petition
/(ception?
#: orn in the Philippines and received
primary and secondary education in public
or private schools recognized by the
=overnment and not limited to particular
race
&: %esided in the Philippines for $J years
or more before the petition and enrolled his
children to elementary and high schools
recognized by the =overnment and not
limited to particular race
$: 8idow and minor children if an alien
who has declared his intention to become a
citizen of the Philippines and dies before he
is actually naturalized.
&: 'ile petition R affidavit of & credible
persons4 citizens of the Philippines who
personally ;now the petitioner4 as character
witness
$: Publication of petition
Eurisdictional
Published in -= or in a newspaper of
general circulation once a wee; for three
consecutive wee;s
,: Actual residence during the entire
proceedings
.: Dearing
3: Promulgation of the decision
,&
Nachura Notes Constitutional Law
1: Dearing after & years 9Probation period
of & years:
Not left the Philippines
"edicated himself continuously to a
lawful calling!profession
Not been convicted of any offense or
violation of rules
Not committed any act pre5udicial to the
interest of the nation or contrary to any
=overnmentAannounced policies
2: -ath ta;ing and issuance of certification
A /ffects
#: >ests citizenship on wife if she herself
may be naturalized
&: +inor children born in the Philippines
before naturalization shall also be
considered citizens
$: +inor children born outside the
Philippines but residing in the Philippines at
the time of naturalization shall also be
considered citizens
,: +inor children born outside the
Philippines shall be citizens only during
minority4 unless he begins to reside
permanently in the Philippines
.: Child born outside the Philippines4 after
the naturalization of the parents shall be
considered citizens4 Provided he registers as
such before any Philippine consulate within
one year after attaining ma5ority age and
ta;es his oath of allegiance
A =rounds for "enaturalization
#: Naturalization certificate obtained
fraudulently or illegally
&: *nvalid declaration of intention
$: +inor children failed to graduate
through the fault of parents
,: Allowed himself to be used as dummy
.: *f within . years he returns to his native
country or some foreign country and
establishes residence there
A #Ayear stay in native country or &Ayear
stay in a foreign country is prima facie
evidence of intent to ta;e up residence
A /ffects of "enaturalization? if the
ground affects the intrinsic validity of the
proceedings4 the denaturalization will divest
wife and children) if ground is personal to
the denaturalized 'ilipino4 his wife and
children shall retain Philippine citizenship.
A Naturalization by direct legislative
action discretionary on Congress) usually
for aliens who made outstanding
contributions to the country
A Administrative Naturalization grant
Philippine citizenship by administrative
proceedings to aliens born and residing in
the Philippines
Special Committee on Naturalization A
Sol=en 9Chairman:4 Sec of 'A and National
Security Adviser power to approve4 re5ect
or deny applications
<ualifications
#: orn in the Philippines and residing
therein since birth
&: Not less than #2 at the time of filing
$: =ood moral character) believes in the
underlying principles of the Constitution)
conducted himself in a proper and
irreproachable manner during his residency
,: %eceived primary and secondary
education in any public!private school
recognized by "/CS4 where Philippine
history4 government and civics is taught and
not limited to any race!nationality) Provided
that where he has minor children4 must be
enrolled in similar schools
.: Lnown trade4 business4 profession or
lawful occupation from which he derives
income sufficient to support himself and
family
N!A to college degree holders who are
dis@ualified from practicing their profession
due to citizenship re@uirements
3: Able to read4 write and spea; 'ilipino or
any of the dialects
1: +ingled with 'ilipinos and evinced a
sincere desire to learn and embrace the
customs and traditions and ideals of the
'ilipino people
,$
Nachura Notes Constitutional Law
A Procedure
#: 'ile with Special Committee a petition
&: Publication of pertinent portions of the
petition once a wee; for $ consecutive
wee;s in newspaper of general circulation
$: Posting of copies in public or
conspicuous areas
,: 'urnish copies to following agencies
who shall post copies of the petition in any
public or conspicuous areas in their building
officers and premises and within $J days
submit to Committee a report stating
whether or not petitioner has any derogatory
record on file
"'A
ureau of *mmigration and "eportation
Civil registrar of petitionerKs place of
residence
N*
.: 8ithin 3J days from receipt of agenciesK
report4 Committee shall consider and review
all information.
3: *f Committee receives any adverse
information4 Committee shall allow
petitioner to answer4 e(plain or refute the
petition
1: "eny or Approve petition
2: 8ithin $J days from approval4 petitioner
pays P#JJ4JJJ4 ta;e oath of allegiance and
certificate of naturalization shall issue.
0: 8ithin . days from ta;ing oath4 o*
shall forward copy of oath to the proper
local civil registrar and cancel petitionerKs
alien certificate of registration.
A Status of Alien 8ife and +inor Children
+ay filed a petition for cancellation of
their alien certificate of registration.
*f applicant is a married woman4
husband may not benefit. ut minor children
may avail of the right to see; the
cancellation of alien certificate of
registration.
A Cancellation of the Certificate of
Naturalization
#: Naturalized person or representative
made any false statement or
misrepresentation or obtained citizenship
fraudulently or illegally or committed any
violation of the law4 rules or regulations
&: w!in . years shall establish permanent
residence in a foreign country
o #Ayear stay in native country or &Ayear
stay in a foreign country is prima facie
evidence of intent to ta;e up residence
$: Allowed himself4 wife or children with
ac@uired citizenship to be used as dummy
,: De4 his wife or children commits any act
inimical to national interest
Loss and %eac@uisition of Philippine
Citizenship
A Loss of Citizenship
#: Naturalization in a foreign country
A %A 0&&.
&: y e(press renunciation of citizenship
$: y subscribing to an oath of allegiance
to support the Constitution or laws of a
foreign country upon attaining &# years of
age
A Principle of *ndelible Allegiance
'ilipino may not divest himself of Philippine
citizenship in this manner while Philippines
is at war with any country
,: y rendering service or accepting
commission in the armed forced of a foreign
country
A /(ceptions?
#: Philippines has a defensive and!or
offensive pact of alliance with the said
foreign country
&: 'oreign country maintains armed forces
in the Philippine territory with consent of
the %epublic
.: y cancellation of the certificate of
naturalization
3: y having been declared by competent
authority a deserter of the Philippine armed
forces in time of war
A %eac@uisition of Citizenship
#: 7a;ing the oath of allegiance re@uired of
former naturalAborn Philippine citizens who
may have lost their citizenship by reason of
,,
Nachura Notes Constitutional Law
their ac@uisition of the citizenship of a
foreign country
&: Naturalization provided that he
possesses none of the dis@ualifications
$: %epatriation or deserters of the Army4
Navy or Air Corps) a woman who has lost
her citizenship by reason of marriage may
be repatriated after termination of marital
status
A %epatriation ta;es effect as of the date of
filing of his application.
A /ffect of repatriation is to allow the
person to recover or return to his original
status before he lost his Philippine
citizenship.
,: "irect act of Congress
*III. THE LEGISLATI*E
,EPART-ENT
A Legislative power the power to
propose4 enact4 amend and repeal laws
A >ested in Congress e(cept to the e(tent
reserved to the people by the provision in
initiative and referendum
People can directly propose and enact
laws or approve or re5ect any act or law or
part thereof passed by the Congress or local
legislative body after the registration of a
petition thereof signed by at least #J per
centum of the total number of registered
voters4 of which every legislative district
must be represented by at least $ per centum
of the registered voters.
*nitiative power of the people to
propose amendments to the Constitution or
to propose and enact legislation through an
election called for that purpose.
#: *nitiative on the Constitution
&: *nitiative on Statutes
$: *nitiative on local legislation
*ndirect *nitiative e(ercise of initiative
by the people through a proposition sent to
Congress or local legislative body for action
%eferendum power of the electorate to
approve or re5ect legislation through an
election called for that purpose.
#: %eferendum on Statutes
&: %eferendum on local legislation
A Prohibited measures
#: Petition embracing more than one
sub5ect
&: *nvolving emergency measures4 the
enactment of which is specifically vested in
Congress by the Constitution4 cannot be
sub5ect to referendum4 until 0J days after
effectivity
A Local *nitiative4
Not less than &4JJJ registered voters in
case of autonomous regions
#4JJJ in provinces
and cities
#JJ in
municipalities
.J in baranagays
'ile a petition with %egional Assembly
or local legislative body
A Limitation on Local *nitiative
#: /(ercised not more than once a year
&: /(tend only to sub5ects or matters which
are within the legal powers of the local
legislative body to enact
$: *f at any time before the initiative is
held4 the local legislative body shall adopt in
toto the proposition presented4 the initiative
shall be cancelled
A Composition of Congress? Senate and
Douse of %epresentative
A Senate? &, senators4 elected at large by
@ualified voters
<ualifications
#: NaturalAborn
&: -n the day of the election4 at least $.
years of age
$: Able to read and write
,: %egistered voter
.: %esident of the Philippines for not less
than & years immediately preceding the day
of the election
7erm? 3 years4 commencing at noon on
$J
th
day of Eune ne(t following their election
,.
Nachura Notes Constitutional Law
Limitation? no senator shall serve for
more than & consecutive terms. >oluntary
renunciation of office for any length of time
shall not be considered as an interruption in
the continuity of his service for the full term
for which elected.
A Douse of %epresentatives? not more than
&.J4 unless otherwise provided by law
Composition
#: "istrict representative
&: PartyAlist representative
$: Sectoral representative
Apportionment of legislative district is a
5usticiable @uestion
o 9Provinces and cities and +etro +anila
area: Apportionment shall be made in
accordance with the number of respective
inhabitants on the basis of a uniform and
progressive ratio.
o /ach city with not less than &.J4JJ
inhabitants entitled to at least # rep
o /ach province4 irrespective of number of
inhabitants entitled to at least # rep
/ach legislative district shall comprise4
as far as practicable4 compact4 contiguous
and ad5acent territory.
Congress to ma;e reapportionment of
legislative districts within $ years following
return of every census.
Constitution does not preclude Congress
from increasing its membership by passing a
law other than a general apportionment law.
%eapportionment of legislative districts
may be made through a special law.
<ualifications?
#: NaturalAborn 'ilipino citizen
&: At the day of the election4 at least &.
years old
$: Able to read and write
,: /(cept the partyAlist representative4 a
registered voter in the district in which he
shall be elected
.: %esident thereof for not less than # year
immediately preceding the day of the
election
Principles
#: +inor follows domicile of parents
&: "omicile of origin is lost only when
there is
a. actual removal or change of domicile
b. bona fide intention of abandoning the
former residence and establishing a new one
c. acts which corresponds with the purpose
$: 8ife does not automatically gain
husbandKs domicile
7D/-%O -' L/=AL *+P-S**L*7O
E. 'rancisco 9A@uino v. Comelec:
*mmigration to the 6S by virtue of a
Bgreen cardC constitutes abandonment of
domicile in the Philippines. 9Caasi vs.
C-+/L/C:
7erm? $ years4 commencing at noon on
the $J
th
day of Eune ne(t following their
election4
Limitation? shall not serve for more than
$ consecutive terms.
A PartyAList System? mechanism for
proportional representation
Party? political party4 sectoral party or
coalition of parties
Political Party? organized group of
citizens advocating an ideology or platform4
principles and policies for the general
conduct of government and which4 as the
most immediate means of securing their
adoption4 regularly nominates and supports
certain of its leaders and members as
candoidates for public office.
National Party? constituency is spread
over the geographical territory of at least a
ma5ority of the regions.
%egional Party? constituency is spread
over the geographical territory of at least a
ma5ority of the cities and provinces
comprising the region.
Sectoral Party? 9L6'/PA8D*PA>O:
organized group of citizens belonging to any
of the following? labor4 urban poor4
fisherfol;4 elderly4 peasants4 women4
handicapped4 indigenous cultural
,3
Nachura Notes Constitutional Law
communities4 overseas wor;ers and
professionals4 veterans and youth.
Sectoral -rganization? group of citizens
or a coalition of groups of citizens who
share similar physical attributes4
characteristics4 employment4 interest or
concern.
Coalition? aggrupation of duly registered
national4 regional4 sectoral parties or
organization for political and!or election
purposes.
A %egistration!+anifestation to Participate
in the PartyAList System
0J days prior to election4 petition
verified by its President or Secretary
*f already registered4 file instead a
manifestation of its desire to participate in
the partyAlist system
A %efusal and!or Cancellation of
%egistration 9motu proprio or upon verified
complaint filed by any interested party) after
due notice and hearing:
#: %eligious sect!denomination
&: Advocate violence to attain goal
$: 'oreign party!organization
,: %eceives support from foreign party!org
.: "eclares untruthful statement in its
petition
3: >iolates or fails to comply with election
laws4 rules and regulations
1: 'ailed to participate in the last &
preceding elections or fails to obtain at least
&H of the votes cast under the partyAlist
system in the & preceding elections for the
constituency in which it has registered
2: Ceased to e(ist for at least # year
A Nomination of a partyAlist
representative? each registered party4
organization or coalition must submit a list
of names to the C-+/L/C not later than ,.
days before the election.
Not less than .
-nly persons who have given their
consent may be included in the list
Not include any candidate for elective
position4 or who lost the immediately
preceding election
No change allowed e(cept?
#: "ies
&: 8ithdraws in writing
$: ecomes incapacitated
*ncumbent who are nominate are N-7
considered resigned.
A <ualifications of a PartyAlist nominee
#: NaturalAborn citizen
&: Able to read and write
$: %egistered voter
,: %esident of the Philippines at least #
year immediately preceding the day of the
election
.: ona fide member of the
party!organization which he see;s to
represent at least 0J days preceding the day
of the election
3: At least &. years old at the day of the
election
1: Oouth sector at least &. but not more
than $J. *f during his term reaches the age of
$J4 he shall be allowed to continue until
e(piration of term.
A +anner of >oting every voter entitled
to two votes4 # for member of the Douse and
# for the party4 organization or coalition.
A Number &JH of the total number of
the members of the Douse including those
under the partyAlist.
*n determining the allocation of seats for
the second vote?
#: Parties4 organizations and coalitions
shall be ran;ed from the highest to the
lowest cased on the number of votes they
garnered during the election
&: Parties4 organizations and coalitions
receiving at least &H of the total votes cast
for the partyAlist system shall be entitled to
#Aseat each4 those garnering more than &H
of the votes shall be entitled to additional
seats in proportion to their total number of
votes
,1
Nachura Notes Constitutional Law
$: /ach party4 organization or coalition
shall be entitled to not more than $ seats
, inviolable parameters?
#: &JH allocation? combined number of all
partyAlist congressmen shall not e(ceed &JH
of the total membership of the Douse
&: &H threshold? only those parties
garnering a minimum of &H of the total
valid votes cast for the partyAlist system are
@ualified to have a seat
$: $Aseat limit? each @ualified party4
regardless of the number of votes it actually
obtained4 is entitled to a ma(imum of $ seats
,: Proportional representation? additional
seats which a @ualified party is entitled to
shall be computed Bin proportion to their
number of votes.C
*n order that a political party registered
under the partyAlist system may be entitled
to a seat in the Douse?
#: %epresent the marginalized and underA
represented sector
&: +a5or political parties must comply with
this statutory policy
$: Constitutional prohibition against
religious sect
,: Not dis@ualified under %A10,#
.: Not ad5unct or pro5ect funded by
government
3: Party and its nominees must comply
with the re@uirements of the law
1: Nominee must also represent the
marginalized and underArepresented sector
2: Nominee must be able to contribute to
the formulation and enactment of
appropriate legislation
A Choosing PartyAList %epresentative?
proclaimed by C-+/L/C based on a list of
names submitted by respective parties4
according to their ran;ing in the list.
A /ffect of Change of Affiliation
Changes affiliation during term
forfeiture of seat
*' w!in 3 months before election4 he
shall not be eligible for nomination under
new party
A >acancy automatically filled by the
ne(t rep from the list of nominees and shall
serve for the une(pired term. *f the list is
e(hausted4 the party4 organization or
coalition shall submit additional nominees.
A 7erm of -ffice? term of $ years and shall
be entitled to same salaries and emoluments
as regular members of the Douse.
/lection
%egular? &
nd
+onday of +ay
Special? to fill a vacancy) serve for the
une(pired term
Salaries
"etermined by law.
No increase in said compensation shall
ta;e effect until after the e(piration of the
term of all the members of the Senate and
Douse approving such increase.
Privileges
#: 'reedom from Arrest
-ffenses punishable by not more than 3
years imprisonment4 be privileged from
arrest while Congress is in session.
&: Privilege of Speech and of "ebate
Not be @uestioned nor be held liable in
any other place for any speech!debate in the
Congress or in any committee.
Deld to account for such speech or
debate by the Douse to which he belongs
"is@ualifications
#: *ncompatible -ffice
Not hold any other office or employment
'orfeiture of the seat in Congress
automatically upon assumption of
incompatible office.
N!A if he holds the government office in
an e( officio capacity
&: 'orbidden -ffice
Neither shall he be appointed to any
office which may have been created or the
emoluments thereof increased during the
term for which he was elected.
,2
Nachura Notes Constitutional Law
Last only for the duration of the term for
which the member of Congress was elected.
-ther *nhibitions
not personally appear as counsel before
any court4 /74 @uasiA5udicial or other
administrative bodies
not be directly or indirectly interested
financially in any contract with4 or any
franchise or special privilege granted by the
=overnment
not intervene in any matter before any
office of the =overnment for his pecuniary
benefit or where he may be called upon to
act on account of his office.
Session
%egular? convene once a year on the ,
th
+onday of Euly unless a different date is
fi(ed by law) and shall continue for such
number of days as it may determine until $J
days before the opening of its ne(t regular
session4 e(clusive of Saturdays4 Sundays
and legal holidays.
Special? call by president usually to
consider legislative measure which the
President may designate in his call
Eoint
#: >oting Separately
a. Choosing the president
b. "etermine disability of the president
c. Confirming nomination of >P
d. "eclaration of the e(istence of a state of
war
e. Proposing constitutional amendments
&: >oting Eointly
a. %evo;e!e(tend proclamation suspending
the privilege of the writ of DC
b. -r placing the Philippines under martial
law
Ad5ournment neither Douse during the
sessions of the Congress shall4 without the
consent of the other ad5ourn for more than $
days nor to any other place than that in
which the & Douses shall be sitting.
-fficers
Senate elects its President
Douse elects its Spea;er
/ach nay choose such other officers as it
may deem necessary
<uorum
+a5ority of each Douse
ut a smaller number may ad5ourn from
day to day and may compel the attendance
of absent +embers in such manner and
under such penalties as such Douse may
determine
<uorum in the Senate shall be the total
number of Senators who are in the country
and within the coercive 5urisdiction of the
Senate.
%ules of Proceedings
/ach Douse determined the rules of its
proceedings.
"iscipline of +embers
Douse may punish its members for
disorderly behavior4 and with concurrence of
&!$ of all its members4 suspend 9for not
more than 3J days: or e(pel a member.
"etermination of acts which constitute
disorderly behavior is within the full
discretionary authority of the Douse
concerned4 and the Court will not review
such determination4 the same being a
political @uestion.
%ecords and oo;s of Accounts
Preserve and open to public
oo;s shall be audited by C-A which
shall publish annually an itemized list of
amounts paid to and e(penses incurred by
each member.
Legislative Eournal and Congressional
%ecords
/ach Douse shall ;eep a Eournal of its
proceedings4 and from time to time publish
,0
Nachura Notes Constitutional Law
the same4 e(cepting such parts as may4 in its
5udgment4 affect national security)
And the yeas and nays on any @uestion
shall4 at the re@uest of #!. of the +embers
present4 be entered in the Eournal.
/ach Douse shall also ;eep a %ecord of
its proceedings.
+atters which under the Constitution are
to be entered in the 5ournal?
a. Oeas and nays on $
rd
and final reading of
a bill
b. >eto message of the President
c. Oeas and nays on the repassing of a bill
vetoed by the President
d. Oeas and nays on any @uestion at the
re@uest of #!. of members present.
/nrolled ill 7heory? enrolled bill is one
duly introduced and finally passed by both
Douses4 authenticated by the proper officers
of each and approved by the President.
/nrolled ill prevails4 e(cept to matters
which under the Constitution must be
entered in the Eournal.
/lectoral 7ribunals
Composition
a. $ SC Eustices designated by CE4 the
senior 5ustice shall be the chairman
b. 3 members of the house4 chosen on the
basis of proportional representation from the
political parties registered
NonApartisan court) independent of
Congress
7ermination of +embership?
a. /(piration of congressional term
b. "eath
c. %esignation from political party
d. 'ormal affiliation to another political
party
e. %emoval for other valid causes
Cannot dis@ualify senatorAmember 5ust
because election contest is filed against him.
9Abbas vs. Senate /7:
"octrine of Primary Administrative
Eurisdiction4 prior recourse to the Douse is
necessary before the case may be brought to
the Court.
Power? sole 5udge of all contests relating
to the election4 returns and @ualifications of
their respective members.
D%/7 may assume 5urisdiction only
when after the winning candidate shall have
been duly proclaimed4 has ta;en oath of
office4 and has assumed functions of the
office.
"ecisions may be reviewed by SC by
showing grave abuse of discretion in a
petition for certiorari filed under %3..
Commission on Appointment
Composition
a. Senate President4 e(Aofficio chairman
b. #& senators
c. #& house
S b and c elected by each Douse on the basis
of proportional representation from the
political parties registered.
Powers act on all appointments
submitted to it within $J session days of
Congress from their submission.
Shall rule by ma5ority vote of its
members
+eet only while Congress is in session
At the call of its Chairman or ma5ority of
all its members
*ndependent of the & Douses and has the
power to promulgate its own rules of
proceedings.
Powers of Congress
#. =eneral 9plenary: legislative power
A Limitations?
#. Substantive
A /(press
a. ill of rights
b. Appropriations
c. 7a(ation
d. Constitutional appellate 5urisdiction of
SC
.J
Nachura Notes Constitutional Law
e. No law granting a title of royalty or
nobility shall be passed
A *mplied
a. NonAdelegation of powers
b. Prohibition against the passage if
irrepealable laws
&. Procedural
a. -nly one sub5ect to be e(pressed in the
title
A 7itle is not re@uired to be an inde( of the
contents of the bill
A Sufficient compliance if the title
e(presses the general sub5ect and all the
provisions of the statute are germane to thee
sub5ect
A Sufficient if the title is comprehensive
enough4 as in this case4 to include sub5ects
related to the general purpose which the
statute see;s to achieve.
A %ider is a provision not germane to the
sub5ect matter of the bill.
b. 7hree readings on separate days
A Printed copies of bill in its final form
distributed to +embers $ days before its
passage
A /PC/P7 when the President certifies to
its immediate enactment to meet a public
calamity or emergency
A 6pon last reading4 no amendment
allowed4 and vote thereon ta;en immediately
and the yeas and nays entered in the 5ournal
A Presidential certification dispensed with
the re@uirement not only of printing but also
that of reading the bill on separate days.
$. Legislative Process
A %e@uirements as to bill
-nly # sub5ect to be e(pressed in the
title
Appropriation4 revenue bills4 tariff bills4
bills of local application4 bills authorizing
increase of public debts and private bills
shall originate e(clusively in the Douse of
%epresentative.
*t is not the law4 but the bill4 which is
re@uired to originate e(clusively in the
Douse4 because the bill may undergo such
e(tensive changes in the Senate that the
result may be a rewriting of the whole.
7he Constitution does not prohibit the
filing in the Senate of a Bsubstitute billC in
anticipation of its receipt of the bill from the
Douse4 so long as the action by the Senate as
a body is withheld pending receipt of the
Douse bill.
A Procedure? passed $ readings on separate
days4 and printed copies in its final form
have been distributed to its +embers $ days
before its passage /PC/P7 when President
certifies to the necessity of its immediate
enactment to meet a public calamity or
emergency.
Courts are denied the power to in@uire
into allegations that4 in enacting a law4 a
Douse of Congress failed to comply with its
own rules4 in the absence of any showing
that there was a violation of constitutional
re@uirements or the rights of private
individuals.
*t is within the icameral Conference
Committee to include in its report an
entirely new provision that is not found
either in the Douse or Senate bill.
*f the Committee can propose an
amendment consisting of # or & provisions4
there is no reason why it cannot propose
several provisions4 collectively considered
as Ban amendment in the nature of a
substituteC so long as the amendment is
germane to the sub5ect of the bills before the
Committee.C
Eurisdiction of the Conference
Committee is not limited to resolving
differences between the Senate and the
Douse versions of the bill. *t may propose an
entirely new provision.
A Approval of ills
7he bill becomes a law in the following
cases?
a. President approves the same and signs it.
b. Congress overrides the Presidential veto
if the President disapproves the bill4 he
shall return the same4 with his ob5ections
.#
Nachura Notes Constitutional Law
contained in his >eto message to the Douse
of origin 9which shall enter the ob5ections at
large in its Eournal:. 7he veto is overridden
upon a vote of &!$ of all members of the
Douse of origin and the other Douse. Oeas
and Nays entered in the Eournal of each
Douse.
o No poc;et veto.
o Partial veto4 as a rule4 is invalid. *t is
allowed only for particular items in an
appropriation4 revenue or tariff bill. 7he
President cannot veto part of an item in an
appropriation bill while approving the
remaining portion of the item.
o Legislative >eto a congressional veto
is a means whereby the legislature can bloc;
or modify administrative action ta;en under
a statute. *t is a form of legislative control in
the implementation of particular e(ecutive
action. *t may be negative 9sub5ecting the
e(ecutive action to disapproval by
Congress: or affirmative 9re@uiring approval
of the e(ecutive action by Congress:
c. 8hen the President fails to act upon the
bill for $J days from receipt thereof4 the bill
shall become a law as if he had signed it.
&. Power of Appropriation
Spending power called the Bpower of the
purseC belongs to Congress sub5ect only to
the veto power of the President.
*t is the President who proposes the
budget4 the final say on the matter of
appropriation is lodged in Congress.
7he power of appropriation carries with
it the power to specify the pro5ect!activity to
be funded under the appropriation law.
Need for appropriation BN- money
shall be paid out of the 7reasury e(cept in
pursuance of an appropriation made by law.C
*ndispensable re@uisites or condition
sine @ua non for the e(ecution of
government contracts?
a. /(istence of appropriation
b. Availability of funds
Appropriation law a statute the
primary and specific purpose of which is to
authorize the release of public funds from
the 7reasury.
Classification?
#: =eneral Appropriations Law passed
annually4 for the financial operations of the
government.
&: Special Appropriations Law for
specific purpose
*mplied Limitation on Appropriation
+easures
#: Appropriation must be devoted to public
purpose
&: Sum authorized to be released must be
determinate or at least determinable
"ecree do not specify the specific
amounts to be paid4 the amounts are
nevertheless made certain by the legislative
parameters provided in the decrees.
7he mandate being only to pay the
principal4 interest4 ta(es and other normal
ban;ing charges.
Constitutional Limitation on Special
Appropriation +easure
#: Specify the public purpose for which the
sum is intended
&: +ust be supported by funds actually
available as certified to by the National
7reasurer or to be raised by a corresponding
revenue proposal included therein.
Constitutional %ules on =eneral
Appropriations Law?
Congress may not increase the
appropriations recommended by the
President for the operation of the
=overnment.
7he form4 content and manner of
preparation of the budget shall be prescribed
by law.
No provision or enactment shall be
embraced unless it relates specifically to
some particular appropriation. Any such
provision or enactment shall be limited in its
operation to the appropriation to which it
relates. 7his is intended to prevent riders or
irrelevant provisions included in the bill to
ensure its approval.
.&
Nachura Notes Constitutional Law
i. Procedure for approving
appropriations for Congress shall strictly
follow the procedure for approving
appropriations for other departments and
agencies. 9to prevent sub rosa appropriation
by Congress:
ii. Prohibition against transfer of
appropriations
/(ception?
#: President
&: Senate President
$: Spea;er
,: Chief Eustice
.: Deads of Constitutional Commission
y law4 be authorized to augment any
item in the general appropriation law for
their respective offices from savings in other
items of their respective appropriations.
iii. Prohibition against appropriation for
sectarian benefit
/(ception? priest4 preacher4 minister or
dignitary is assigned to the armed forces or
to any penal institution or government
orphanage or leposarium.
iv. Automatic reappropriation
*f Congress failed to pass the general
appropriations bill for the ensuing year4 the
general appropriations bill for the preceding
fiscal year shall be deemed reAenacted until
said bill is passed.
*mpoundment the refusal by the
President for whatever reason to spend funds
made available by Congress. *t is the failure
to spend or obligate budget authority of any
type.
Appropriation %eserves the
Administrative Code authorizes the udget
Secretary to establish reserves against
appropriations to provide for contingencies
and emergencies which may arise during the
year.
7his is Be(penditure deferralC not
suspension4 since the agencies concerned
can still draw on the reserves if the fiscal
outloo; improves.
$. Power of 7a(ation
Limitations
#. uniform and e@uitable evolve a
progressive system of ta(ation
&. charitable institutions4 etc. and all lands4
buildings and improvements actually4
directly and e(clusively used for religious4
charitable or educational purposes shall be
e(empt from ta(ation.
$. all revenues and assets of nonAstoc;4
nonAprofit educational institutions used
directly4 actually and e(clusively for
educational purposes shall be e(empt from
ta(ation.
,. Law granting ta( e(emptions shall be
passed only with concurrence of ma5ority of
all members of Congress
,. Power of Legislative *nvestigation
Conduct in@uiries in aid of legislation.
%ights of persons appearing in or
affected by such in@uiries shall be respected.
Limitations
#. in aid of legislation
&. in accordance with duly published rules
of procedure
$. %ights of persons appearing in4 or
affected by such in@uiry shall be respected
Power to punish for contempt? Senate
being a continuing body may order
imprisonment for an indefinite period4 but
principles of due process and e@ual
protection will have to be considered.
.. <uestion Dour
Deads of the departments may upon their
own initiative with the consent of the
President -% upon the re@uest of wither
Douse4 as the rules of each Douse shall
provide4 appear before and be heard by the
Douse on any matter pertaining to their
departments.
8ritten @uestions submitted to the
Senate P or Spea;er4 $ days before the
scheduled appeared.
*nterpellations shall not be limited to the
written @uestions4 may cover matters related
thereto.
.$
Nachura Notes Constitutional Law
8hen the security of the State or the
public interest so re@uires4 may be held in
e(ecutive session.
3. 8ar Powers
"eclaration of the e(istence of state of
war &!$ of both Douses in 5oint session4
voting separately
1. Power to act as oard of Canvassers in
election of President
2. Power to call a Special /lection for
President and >P
0. Power to 5udge the PresidentKs physical
fitness to discharge the functions of
Presidency
#J. Power to revo;e or e(tend suspension of
the privilege of the writ of DC or declaration
of martial law
##. Power to concur in Presidential
amnesties
Concurrence of ma5ority of all members
of the Senate
#&. Power to concur in treaties or
international agreements
&!$ of all the members of the Senate
#$. Power to confirm certain appointments
by the President
in the event of vacancy in the -ffice of
>P4 from among members of Congress
confirmed by ma5ority vote of all the
+embers of both Douses of Congress4
voting separately.
Nominations by President under Sec #34
Article 1 confirmed by Commission on
Appointments
#,. Power to impeachment
#.. Power relative to natural resources
#3. Power to propose amendments to the
Constitution
I5. E5ECUTI*E ,EPART-ENT
7he President
<ualifications
#. naturalAborn citizen
&. registered voter
$. able to read and write
,. on the day of the election4 at least ,J
years old
.. resident of the Philippines for at least #J
years immediately preceding such election
/lection
A %egular /lection? &
nd
+onday of +ay
A Congress as oard of Canvassers
%eturns of every election for President
and >P4 duly certified by oard of
Canvassers of each province or city shall be
transmitted to Congress directed to Senate
President.
SP4 upon receipt4 shall not later than $J
days after the day of the election4 open all
the certificates in the presence of the Senate
and Douse in 5oint public session.
Congress upon determination of the
authenticity and due e(ecution4 shall canvass
the votes.
Congress shall promulgate its own rules.
& or more candidates shall have an e@ual
and highest number of votes4 one of them
shall be chosen by a ma5ority vote of all
members of Congress.
A Congress has the authority to proclaim
the winning candidates for the position of
President and >ice President
A Congress may delegate the initial
determination of the authenticity and due
e(ecution of the certificate of canvass to a
Eoint Congressional Committee4 composed
of members of the Douse and Senate
A 7he decisions and final report of the
Committee shall be sub5ect to the approval
of the 5oint session of both Douses if
Congress4 voting separately.
A /ven if Congress has ad5ourned its
regular session it may continue to perform
this Constitutional duty of canvassing the
presidential and viceApresidential election
results without need of any call for a special
session by the President.
.,
Nachura Notes Constitutional Law
A 7he 5oint public session cannot ad5ourn
sine die until it has accomplished its
constitutionally mandated tas;.
A No constitutional or statutory basis for
C-+/L/C to underta;e a separate and an
BunofficialC tabulation of results
descends to the level of private organization
while using public funds4 violates e(clusive
prerogative of NA+'%/L and taints
integrity of envelopes containing /% and the
/%s themselves.
A SC as Presidential /lectoral 7ribunal
SC4 en banc
Sole 5udge of all contests relating to the
election4 returns and @ualifications of the
President or >P
Promulgate its own rules
7erm of -ffice? 3 years
A No reAelection
A No person who has succeeded as
President and has served for more than ,
years shall be @ualified for election to the
same office at any time
Privileges
#. -fficial %esidence
&. Salary
A "etermined by law
A Shall not be decreased during tenure
A No increase shall ta;e effect until after
e(piration of the term of the incumbent
during which such increase was approved.
$. *mmunity from Suit
A President is immune from suit
A +ay not be prevented from instituting a
suit
A *mmune from civil liability
A After tenure4 cannot invo;e immunity
from suit for civil damages arising out of
acts done by him while he was President
which was not performed in the e(ercise of
official duties.
A "epartment Secretaries4 though alter
egos4 cannot invo;e PresidentKs immunity
from suit.
Prohibitions!*nhibitions
#. Not receive any other emoluments from
the government or nay other source
&. Not hold any other office or
employment4 unless provided in this
Constitution
A >P may be appointed to the Cabinet
without need of confirmation from
Commission on Appointment
A Secretary of Eustice is e(Aofficio member
of Eudicial and ar Council
A Secretary of Labor e(Aofficio member
of -" of P/NA
A Secretary of 7C e(Aofficio Chairman
of PPA and L%7A
A Prohibition must not be construed as
applying to poses occupied by /(ecutive
officials without additional compensation in
an e(Aofficio capacity4 as provided by law
and as re@uired by the primary functions of
the said officialKs office. 7hese posts do not
comprise Bany other officeC but is an
imposition of additional duties and functions
on said official.
$. Not directly or indirectly practice any
other profession4 participate in any business
or be financially interested in any contract4
franchise or special privilege
,. Strictly avoid conflict of interest in the
conduct of their office
.. +ay not appoint Spouse or %elatives by
consanguinity or affinity within the fourth
civil degree as
a. +embers of Constitutional Commissions
b. -ffice of the -mbudsman
c. Secretaries
d. 6ndersecretaries
e. Chairman!heads of
bureaus!offices!=-CCs!subsidiaries
%ules on Succession
A >acancy at the /=*NN*N= of term
"/A7D or
P/%+AN/N7
>PAelect shall
become President
..
Nachura Notes Constitutional Law
"*SA*L*7O of
President elect
PresidentAelect fails to
@ualify
>PAelect shall act
as President until
PresidentAelect
shall have @ualified
President shall not
have been chosen
>PAelect shall act
as President until
PresidentAelect
shall have been
chosen and
@ualified
No President and >P?
A Chosen
A <ualified
A oth died
A oth become
permanently disabled
Senate President or
in case of his
disability4 the
Spea;er of the
Douse shall act as
President until a
President or >P
shall been chosen
and @ualified.
*n case of inability
of both4 Congress
shall4 by law
provide for the
manner by which
one who is to act
as President shall
be selected until a
President or >P
shall have
@ualified.
A >acancy "6%*N= the term
"eath4 permanent disability4 removal
from office or resignation of President
>P shall become President
/lements of >alid %esignation?
#. intent to resign
&. act of relin@uishment
A 7emporary "isability
President transmits to Senate President
and Spea;er
Dis written declaration that he is unable
to discharge the powers and duties of his
office
6ntil he transmits a written declaration
to the contrary
Powers and duties shall be discharged by
the >P as Acting President
+a5ority of the members of the Cabinet
transmit to Senate President and Spea;er
8ritten declaration that the President is
unable to discharge the powers and duties of
his office
>P shall *++/"*A7/LO assume the
powers and duties of the office as Acting
President
*' President shall transmit written
declaration that no such disability e(ists
De shall reassume the powers and duties
of his office
*' ma5ority of the members of the
Cabinet transmit within . days to SP and
Spea;er their written declaration that the
President is unable to discharge the powers
and duties of his office4
Congress shall decide the issue
Congress shall convene within ,2 hours4
if not in session
w!in #J days from receipt of last
declaration -% if not in session w!in #& days
after it is re@uired to assemble Congress
determines by &!$ vote of both Douses4
voting separately
that President is unable >P shall act
as President) -therwise4 President shall
continue e(ercising the powers and duties of
his office.
Constitutional "uty of Congress in case of
>acancy in the -ffices of President and >P
A #J?JJam4 $
rd
day after the vacancy
occurs
A Congress shall convene without need of
call
A w!in 1 days enact a law calling for a
special election to elect a President and >P
.3
Nachura Notes Constitutional Law
A election held not earlier than ,. days nor
later than 3J days from time of such call
A bill shall be deemed certified and shall
become law upon approval on $
rd
reading by
Congress
A convening cannot be suspended
A election cannot be postponed
A *' vacancy occurs w!in #2 months
before the date of the ne(t presidential
election N- special election
%emoval of President? *mpeachment
>iceAPresident
<ualifications
#. naturalAborn citizen
&. registered voter
$. able to read and write
,. on the day of the election4 at least ,J
years old
.. resident of the Philippines for at least #J
years immediately preceding such election
7erm? No >P shall serve for more than &
successive terms.
>acancy in >P
A President shall nominate a >P from
among members of Senate and Douse
A Assume office upon confirmation by a
ma5ority vote of all +embers of both
Douses of Congress4 voting separately
Powers of the President
#: /(ecutive Power
&: Power of Appointment
$: Power of Control
,: +ilitary Powers
.: Pardoning Power
3: orrowing Power
1: "iplomatic Power
2: udgetary Power
0: *nforming Power
#J: -thers
a. Call Congress to special session
b. Power to approve or veto bolls
c. Consent to deputation of government
personnel by C-+/L/C
d. "iscipline such deputies
e. /mergency powers4 by delegation from
Congress
f. =eneral supervision over L=s and
autonomous regional governments
/(ecutive Power
A /(ecutive Power? power to enforce and
administer the laws
A Power of carrying out the laws into
practical operation and enforcing their due
observance
A Authority to %eorganize the -ffice of
the President Bto achieve simplicity4
economy and efficiency.C
A Power to reorganize the -P under
Section $# 9#: of /- &0& 9Administrative
Code: President can reorganize the -P
proper by abolishing4 consolidating or
merging units or by transferring functions
from one unit to another
A Power to reorganize the -P under
Section $# 9&: and b9$: of /- &0&
9Administrative Code: power of the
President to reorganize offices outside of the
-P proper is limited to merely transferring
functions!agencies from -P to
"epartments!Agencies and v.v.
A *t is not for the President to determine
the validity of the law4 it is the function of
the 5udiciary. 6nless and until such law is
declared unconstitutional4 President has the
duty to e(ecute it.
Power of Appointment
A Nominate and with consent of the
Commission on Appointments4 appoint?
a. Deads of the e(ecutive departments
b. Ambassadors
c. -ther public ministers and consuls
d. -fficers of the armed forces from the
ran; of colonel or naval captain
.1
Nachura Notes Constitutional Law
e. -ther officers whose appointments are
vested in him in this Constitution
A Appoint all other officers of the
=overnment whose appointments are not
otherwise provided by law
A Appoint those whom he may be
authorized by law to appoint.
A Congress may by law4 vest appointment
of other officers lower in ran; in the
a. President alone4
b. Courts
c. Deads of
departments!agencies!commissions!boards
A Appointment? selection4 by the authority
vested with the power4 of an individual who
is to e(ercise the functions of a given office.
"esignation? imposition of additional
duties4 usually by law4 to one who is already
in public service
Commission? written evidence of
appointment
A Classification of Appointments
a. Permanent e(tended to persons
possessing the re@uisite eligibility and are
protected by security of tenure
b. 7emporary e(tended to persons
without re@uisite eligibility4 revocable at
will4 without necessity of 5ust cause or valid
investigation
Not sub5ect to confirmation by
Commission on Appointment
*f confirmation erroneously given4 will
not ma;e it a permanent appointment
"esignation is considered only an acting
or temporary appointment
c. %egular made by President while
Congress is in session
7a;es effect upon confirmation of
Commission on Appointment
-nce approved4 continues until end of
term of the appointee