Escolar Documentos
Profissional Documentos
Cultura Documentos
Kiddy
I. GENERAL PRINCIPLES
A.PoliticalLawbranchofpubliclawwhichdealswiththeorganizationand
operations of the governmental organs of the State and defines the relations
of the State with the inhabitants of its territory.
B. Scope/Division
1.ConstitutionalLawstudyofthemaintenanceoftheproperbalance
between authority as represented by the 3 inherent powers of the State and
liberty as guaranteed by the Bill of Rights
2.AdministrativeLawFixestheorganizationofthegovernment;
?Determines the competence of the administrative ?authorities who execute the
law; and
?Indicates to the individuals remedies for the violation of ?his right.
3. Law on Municipal Corporations
4. Law of Public Officers
5. Election Law
C. Basis of the Study
1. 1935 and 1973 Constitution
2. 1986 Constitution
3. Other organic laws made to apply in the Philippines
4. Statutes, EOs and decrees, judicial decisions
5. US Constitution
II. THE PHILIPPINE CONSTITUTION
b.Enacted(Conventional)formallystruckoffatadefinitetimeandplace
following a conscious or deliberate effort taken by a constituent body or ruler.
?Evolved(Cumulative)resultofpoliticalevolution,changingby?accretion
rather than by any systematic method.
c.Rigidamendedonlybyformalandusuallydifficultprocess
?Flexiblechangedbyordinarylegislation
4. Qualities of a good written Constitution
a.Broadcomprehensiveenoughtoprovideforeverycontingency
b.Briefconfinetobasicprinciplestobeimplemented
c.Definitetopreventambiguity
5. Essential parts of a good written Constitution
a.ConstitutionofLibertysetsforththecivilandpoliticalrightsofthecitizens
and imposing limitations on the powers of the government
b.ConstitutionofGovernmentoutlinestheorganizationofthegovernment;
enumerates its powers; and lay down rules relative to its administration
c.ConstitutionofSovereigntypointsoutthemodeorprocedurein
accordance with formal changes in the fundamental law may be brought
about
6. Interpretation/Construction of the Constitution
a. Verba legis: given their ordinary meaning except where technical terms are
employed
b. Ratio legis et anima: ambiguity intent of the framers, bearing in mind the
objects sought to be accomplished and evils sought to be prevented; doubtful
provision shall be examined in light of the history of the times and the
conditions and circumstances under which the Constitution was framed
c. Ut magis valeat quam pereat: Constitution to be interpreted as a whole
SafertoconstruetheConstitutionfromwhatappearsuponitsface.If,
however, the plain meaning of the word is not found to be clear, resort to other
aids is available.
- In case of doubt, consider provisions as self-executing; mandatory rather
than directory; and prospective rather than retroactive.
- Self-executing provisions: one that lays down principle is usually not selfexecuting. That which is complete in itself and becomes operative without the
aid of supplementary or enabling legislation, or that which supplies a sufficient
rule by means of which the right it grants may be enjoyed or protected, is selfexecuting.
- Self-executing if the nature and extent of the right conferred and liability
imposed are fixed by the Constitution itself.
- Section 26, Article II of the Constitution does NOT contain judicially
enforceable constitutional rights.
B. Brief Constitutional History
1. Malolos Constitution
2. American Regime and Other Organic Acts
3. 1935 Constitution
4. Japanese Occupation
5. 1973 Constitution
6. 1987 Constitution
C. Amendment
1.AmendmentisolatedorpiecemealchangeintheConstitution
?Revisionrevamporrewritingoftheentireinstrument
2.LegislativePowermerelyprovidesdetailsforimplementation
3. Steps
a. Proposal
Congress,ofALLitsmembersunderstoodasofSenateandof
HRs
- Constitutional Convention, called into existence by 2/3 a vote of all the
members of Congress with the question of whether or not to call a convention
to be resolved by the people in a plebiscite
- People through Power of Initiative, petition of at least 12% of the total
number of registered voters, of which every legislative district must be
represented by at least 3% 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:Noamendmentw/in5yearsfollowingtheratificationofthis
Constitution nor more than once every five years thereafter.
3systemsofinitiative:
(1) Initiative on the Constitution
(2) Initiative on Statutes
(3) Initiative on Local Legislation
- Choice of method of proposal is within the full discretion of the legislature
- 3 Theories on the position of a Constitutional Convention vis--vis the
regular departments of government
(1) Theory of Conventional Sovereignty
(2) Convention is inferior to other departments
(3) Independent of and co-equal to the other departments
b. Ratification
- Ratified by a majority of the votes cast in a plebiscite held not earlier than 60
nor later than 90 days after the approval of the proposal by Congress or the
Constitutional Convention, or after the certification by the COMELEC of the
sufficiency of the initiative.
- Doctrine or proper submission: Constitution prescribes the time frame within
which the plebiscite is to be held, there can no longer be any question on
whether the time given to the people to determine the merits and demerits of
the proposed amendment is adequate.
- Plebiscite may be held on the same day as a regular election.
- Entire Constitution must be submitted for ratification at one plebiscite only.
Thepeoplehavetobegivenaproperframeofreferenceinarrivingattheir
decision.
4.JudicialReviewofAmendmentsissueiswhetherornottheconstitutional
provisions had been followed.
E. The Power of Judicial Review
1.JudicialReviewpowerofthecourtstotestthevalidityofexecutiveand
Apartysstandingincourtisaproceduraltechnicalitywhichmaybeset
aside by the Court in view of the importance of the issues involved;
paramount public interest/transcendental importance
Presentsubstantialinterestsuchinterestofapartyinthesubjectmatter
of the action as will entitle him under substantive law, to recover of the
evidence is sufficient, or that he has a legal title to defend and the defendant
will be protected in payment to or recovery from him.
- A taxpayer, or group of taxpayers, is a proper party to question the validity of
a law appropriating public funds.
2RequisitesforTaxpayersSuit:
(1) Public funds are disbursed by a political subdivision or instrumentality
(2) A law is violated or irregularity is committed
(3) Petitioner is directly affected by the ultra vires act
- The Government is a proper party to question the validity of its own laws,
because more than any one, it should be concerned with the constitutionality
of its acts
Theestablishedruleisthatapartycanquestionthevalidityofastatuteonly
if, as applied to him, it is unconstitutional.
Exception:FacialChallenge,whenitoperatesintheareaoffreedomof
expression.
OverbreadthDoctrine:permitsapartytochallengethevalidityofastatute
even though, as applied to him, it is not unconstitutional, but it might be if
applied to other not before the Court whose activities are constitutionally
protected.
Invalidationofthestatuteonitsface,ratherthanasappliedispermitted
intheinterestofpreventingachillingeffectonfreedomofexpression.
Facialchallengeisthemostdifficultchallengebecausethechallengemust
establish that no set of circumstances exists under which the act would be
valid.
- The constitutional question must be raised at the earliest possible
opportunity
- The decision on the constitutional question must be determinative of the
case itself.
- Bars judicial inquiry into a constitutional question unless the resolution is
indispensable to the determination of the case.
- Every law has in its favor the presumption of constitutionality, and to justify
its nullification, there must be a clear and unequivocal breach of the
Constitution.
5. Effects of Declaration of Unconstitutionality
- Orthodox View: unconstitutional act is not a law, it confers no rights and
imposes no duties; it affords no protection, creates no office; it is inoperative
as if it had not been passed at all.
- Modern View: certain legal effects of the statute prior to its declaration of
unconstitutionality may be recognized.
6. Partial Unconstitutionality
- Legislature must be willing to retain the valid portions separability clause
- Valid portion can stand independently as law
Archipelago Doctrine: the waters around, between and connecting the islands
of the archipelago, regardless of their breadth and dimensions, form part of
Straight Baseline Method: Imaginary straight lines are drawn joining the
outermost points of outermost islands of the archipelago, enclosing an area
the ratio of which should not be more than 9:1; provided that the drawing of
the baselines shall not depart, to any appreciable extent, from the general
configuration of the archipelago.
Functions of the Government:
(1)ConstituentmandatoryfortheGovernmenttoperformbecausethey
constitute the very bonds of society
(2)Ministrantintendedtopromotethewelfare,progressandprosperityof
the people and which are merely optional for Government to perform
Doctrine of Parens Patriae: parents of the people; the Government may act as
guardian of the rights of the people who may be disadvantaged or suffering
from some disability or misfortune.
Classification
(1) De jure
?DefactoKinds
2) Takes possession or control of, or usurps, by force or by the voice of the
majority, the rightful legal government and maintains itself against the will of
the latter;
3) Established by the inhabitants of a territory who rise in insurrection against
the parent state; and
4) Established by invading forces of an enemy who occupy a territory in the
course of war (de facto government of paramount force).
(2)Presidentialseparationofexecutiveandlegislativepowers
?ParliamentaryfusionofbothexecutiveandlegislativeinParliament;actual
?exercise of executive powers is vested in a Prime Minister who is chosen by,
and ?accountable to the Parliament
(3) Unitary
?Federal
Sovereignty: supreme and uncontrollable power inherent in a State by which
that State is governed
?Kinds:
1)Legalpowertoissuefinalcommands
Politicalsumtotalofalltheinfluenceswhichliebehindthelaw
2)Internalsupremepowerovereverythingwithintheterritory
External/Independencefreedomfromexternalcontrol
?Characteristics:
1) Permanence
2) Exclusiveness
3) Comprehensiveness
4) Absoluteness
5) Indivisibility
6) Inalienability
7) Imprescriptibility
?Jurisdiction
?Territorial: power of the State over persons and things within its territory.
?Exemption:
(1) Foreign states, head of states, diplomatic representatives and consuls to a
certain degree;
(2) Foreign state property, including embassies, consulates and public vessels
engaged in non-commercial activities;
(3) Acts of state
(4) Foreign merchant vessels exercising the rights of innocent passage or
involuntary entry such as arrival under stress
(5) Foreign armies passing through or stationed in its territory with its
permission; and
(6) Other persons or property, including organizations like the UN, over which
it may, by agreement, waive jurisdiction.
?Personal: power of the State over its nationals, which may be exercised by
?the State even of the individual is outside the territory of the State.
(6) Exercise of jurisdiction by the state in the high seas over its vessels, over
pirates, in the exercise of the right to visit and search, and under doctrine or
hot pursuit;
(7) Exercise of limited jurisdiction over the contiguous zone and the
patrimonial sea, to prevent infringement of its customs, fiscal, immigration or
sanitary regulations.
State Immunity from Suit: The State cannot be sued without its consent.
RoyalPrerogativeofDishonesty:Therecanbenolegalrightagainstthe
authority which makes the law on which the right depends. It may be sued if
its gives consent.
Parinparemnonhabetimperium:ImmunityisenjoyedbyotherStates.The
Head of the State, who is deemed the personification of the State, is inviolable
and enjoys immunity.
Test to Determine if Suit is Against the State
Whetheritrequiresanaffirmativeactfromthestate.
of bad faith, malice or gross negligence, then the officer can be held
personally accountable.
In order that suit may lie against the state, there must be consent. Where no
consent is shown, state immunity from suit may be invoked as a defense by
the courts sua sponte at any stage of the proceedings.
?Express consent: general law or special law
?Implied consent
1. state commences a litigation
2. state enters into a business contract
Similarities
1. inherent in the state, without need of express constitutional grant
2. necessary and indispensable
3. methods by which the state interferes with private property
4. presupposes equivalent compensation
5. exercised primarily by legislature
Distinctions
1. Police power regulates liberty and property
?Eminent domain and taxation affects only property rights
2. Police power and taxation are exercised only by government
?Eminent domain may be exercised by private entities
3. Property taken in police power is usually noxious or intended for noxious
purposes and may be destroyed
?In eminent domain and taxation, the property is wholesome and devoted to
public ?use/purpose.
4. Compensation in police power is the intangible, altruistic feeling that the
individual has contributed to the public good;
?In eminent domain, it is the full and fair equivalent of the property taken;
?In taxation, it is the protection given and/or public improvements instituted by
?government for taxes paid.
Limitations
1. Bill of Rights
Police Power
Powerofpromotingpublicwelfarebyrestrainingandregulatingtheuseof
liberty and property.
Mostpervasive,leastlimitableandmostdemandingofthethreepowers.
Justification:saluspopuliestsupremalexandsicuteretuoutalienumnon
laedas
?Who may exercise
InherentlyvestedinLegislature
CongressmayvalidlydelegatethispowertothePresident,administrative
bodies and to lawmaking bodies of LGUs.
LGUsexercisethispowerunderthegeneralwelfareclause
?Limitations (test for valid exercise)
Lawfulsubject:interestofthepublic;activityorpropertysoughttobe
regulated affects the general welfare; if it does then the enjoyment of the
rights flowing therefrom may have to yield to the interest of the greater
number.
Lawfulmeans:meansemployedarereasonablynecessaryforthe
accomplishment of the purpose and not unduly oppressive on individuals.
Expressgrantbylaw
Withinterritoriallimits(forLGUsexceptwhenexercisedtoprotectwater
supply)
Mustnotbecontrarytolaw
For Municipal Ordinances to be Valid:
(1) Must not contravene the Constitution or the statute
(2) Must not be unfair or oppressive
(3) Must not be partial or discriminatory
(4) Must not prohibit but may regulate trade
(5) Must not be unreasonable
(6) Must be general in application and consistent with public policy
Power of Eminent Domain (Power of Expropriation)
?Jurisdiction
RTC
?Judicial Prerogative
Ascertainmentofwhatconstitutesjustcompensationforpropertytakenin
eminent domain cases is a judicial prerogative.
?Form of Compensation
Paidinmoneyandnootherform.
Inagrarianreform,paymentisallowedtobemadepartlyinbondsbecause
undertheCARP,wedonotdealwiththetraditionalexerciseofthepowerof
eminentdomain;wedealwitharevolutionarykindofexpropriation.
?Reckoning point of market value of the property
Dateofthetakingorthefilingofthecomplaint,whichevercomesfirst.
?Principal criterion in determining just compensation
Characterofthelandatthetimeofthetaking
Defendantmustbegivenanopportunitytobeheard
?TheplaintiffsrighttodismissthecomplainthasalwaysbeensubjecttoCourt
?approval and to certain conditions, because the landowner may have already
?suffered damages at the start of the taking.
?Right to repurchase or re-acquire the property
Propertyownersrighttorepurchasethepropertydependsuponthe
character of the title acquired by the expropriator: if land is expropriated for a
particular purpose with the condition that when that purpose is ended or
abandoned, the property shall revert to the former owner, the former owner
can re-acquire the property.
Equalprotectionclause,mustbeuniformandequitable
Publicpurpose
?Double taxation
Additionaltaxesarelaidonthesamesubjectbythesametaxingjurisdiction
during the same taxing period and for the same purpose.
?Tax Exemptions
Nolawgrantingtaxexemptionshallbepassedwithouttheconcurrenceofa
majority of all the Members of Congress.
Charitableinstitutions,churchesandparsonagesorconventsappurtenant
thereto, mosques, non-profit cemeteries, and all lands, buildings and
improvements actually, directly and exclusively used for religious, charitable
or educational purposes exempt
Revenuesandassetsofnonstock,nonprofiteducationalinstitutionsused
actually, directly and exclusively for educational purposes exempt
Proprietaryeducationalinstitutionsmaybeexemptsubjecttolimitations
provided by law
Grants,endowments,donations,orcontributionsusedactually,directly,and
exclusively for educational purposes exempt
Preamble
Doesnotconferrightsnorimposeduties
IndicatesauthorshipoftheConstitution
Enumeratestheprimaryaimsandaspirationsoftheframers
ServesasanaidintheconstructionoftheConstitution
Republicanism
ThePhilippinesisademocraticandrepublicanstate.Sovereigntyresidesin
the people and all government authority emanates from them.
Essentialfeatures
(1) Representation
(2) Renovation
Manifestations
(1) Government of law and not of men
(2) Rule of majority
(3) Accountability of public officials
(4) Bill of rights
(5) Legislature cannot pass irrepealable laws
(6) Separation of powers
Purpose
Topreventconcentrationofauthorityinonepersonorgroupofpersonsthat
might lead to an irreversible error or abuse in its exercise to the detriment of
republican institutions.
Principle of Blending of Powers
Instanceswhenpowersarenotconfinedexclusivelywithinonedepartment
but are assigned to or shared by several departments.
Delegation of powers
Potestasdelegatenonpotestdelegare
Delegatedpowerconstitutesnotonlyarightbutadutytobeperformedby
the delegate through the instrumentality of his own judgment and not through
the intervening mind of another.
Permissibledelegation
(1) Tariff powers to the president
(2) Emergency powers to the president (in times of war or national
emergency)
(3)Delegationtothepeoplespecificprovisionswherethepeoplehave
reserved to themselves the function of legislation
Referendum:poweroftheelectoratetoapproveorrejectlegislationthrough
an election called for the purpose; referendum on statutes and referendum on
local law
Plebiscite:electoralprocessbywhichaninitiativeontheConstitutionis
approved or rejected by the people.
(4) Delegation to LGUs
(5)DelegationtoAdministrativeBodiespowerofsubordinatelegislation
Testsforvaliddelegation
(1) 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 except to enforce it.
(2) Sufficient standard test: intended to map out the boundaries of the
delegatesauthoritybydefiningthelegislativepolicyandindictingthe
circumstances under which it is up be pursued and effected; the standards
usually indicated in the law delegating legislative power.
The Incorporation Clause
ThePhilippinesrenounceswarasaninstrumentofnationalpolicy,adopts
the generally accepted principles of international law as part of the law of the
land, and adheres to the police of peace, equality, justice, freedom,
cooperation and amity with all nations.
IndependentforeignpolicyandnuclearfreePhilippines
ExpirationofBasesAgreement
RenunciationofWar
(1) Covenant of the League of Nations
(2) Kellogg-Briad Pact of 1928
(3) Charter of the United Nations
DoctrineofIncorporationourcourtshaveappliedtherulesofinternational
law in a number of cases even of such rules had not previously been subject
of statutory enactments, because these generally accepted principles of
international law are automatically part of our own laws.
Civilian Supremacy
Civilianauthorityis,atalltimessupremeoverthemilitary.TheAFPisthe
protector of the people and the State. Its goal is to secure the sovereignty pf
the State and integrity of the national territory.
?Exceptions
(1) Section 28(3), Article 6: Exemption from taxation
(2) Section 29(2), Article 6: Prohibition against sectarian benefit, except when
priest is assigned to the armed forces or to any penal institution or
government orphanage or leprosarium
(3) Section 3(3), Article 14: Optional religious instruction for public elementary
and high school studies
(4) Section 4(2), Article 14: Filipino ownership requirement to educational
institutions, except those established by groups and mission boards
Independent Foreign Policy and Nuclear-free Philippines
Stateshallpursueanindependentforeignpolicy.Inrelationswithother
states, the paramount consideration shall be national sovereignty, territorial
integrity, national interest and the right to self-determination.
ThePhilippinesconsistentwiththenationalinterest,adoptsandpursuesa
policy of freedom from nuclear weapons in its territory.
TheStaterecognizesthevitalroleoftheyouthinnationbuildingandshall
promote and protect their physical, moral, spiritual, intellectual and social wellbeing. It shall inculcate in the youth patriotism and nationalism, and
encourage their involvement in public and civic affairs.
Fundamental equality of men and women
Staterecognizestheroleofwomeninnationbuildingandshallensurethe
fundamental equality before the law of men and women.
Promotion of health and ecology
Stateshallprotectandpromotetherighttohealthofthepeopleandinstill
health consciousness among them.
TheStateshallprotectandadvancetherightofthepeopletoabalanced
and healthful ecology in accord with the rhythm and harmony of nature.
Decentralizationanddoesnotmakethelocalgovernmentssovereignwithin
the State or an imperium in imperio.
Decentralizationofadministration:delegationofadministrativepowerstothe
LGU in order to broaden the base of governmental powers.
Decentralizationofpower:abdicationbythenationalgovernmentof
governmental powers.
Equal access of opportunities for public service
Stateshallguaranteeequalaccessofopportunitiesforpublicserviceand
prohibit political dynasties as may be defined by law.
Honest public service and full public disclosure
Stateshallmaintainhonestyandintegrityinthepublicserviceandtake
positive and effective measures against graft and corruption.
Stateadoptsandimplementsapolicyoffullpublicdisclosureofallits
transactions involving public interest.
VI. BILL OF RIGHTS
Definition
Setofprescriptionssettingforththefundamentalcivilandpoliticalrightsof
the individual, and imposing limitations on the powers of government.
Generally,anygovernmentactioninviolationoftheBillofRightsisvoid.
Generallyselfexecuting.
Civil Rights
Rightthatbelongtoeverycitizenofthestateorcountryandarenot
connected with the organization or administration of government.
Political Rights
Righttoparticipate,directlyorindirectly,intheestablishmentor
administration of government.
?Procedural Rules
1. warrantless arrest is not a jurisdictional defect and any objection thereto is
waived when the person arrested submits to arraignment without any
objection;
2. where a criminal case is pending, the Court wherein it is filed, or the
assigned branch, has primary jurisdiction to issue the search warrant;
3. where no criminal case has been filed, the executive judges or their lawful
substitutes, in the areas and for the offense contemplated shall have primary
jurisdiction;
4. moment the information is filed with the RTC, it is that court which must
issue the warrant of arrest;
5. the judge may order the quashal of a warrant he issued even after the
same had already been implemented, particularly when such quashal is
based on the finding that there is no offense committed items seized shall
be inadmissible in evidence
Particularity of Description:
(1) Readily identify the properties to be seized and thus prevent them from
seizing the wrong items; and
(2) Leave peace officers with no discretion regarding the articles to be seized
and thus prevent unreasonable searches and seizures.
Warrant of Arrest particularly describe the person to be seized if it contains
the name/s of the person/s to be seized.
John Doe warrant descriptio persona
In flagrante arrests:
(1) The person to be arrested must execute an overt act indicating that he had
just committed, is actually committing, or is attempting to commit a crime; and
(2) Such overt act is done in the presence or within the view of the arresting
officer.
In (2):
(1) there must be immediacy between the time the offense is committed and
the time of the arrest. If there was an appreciable lapse of time between the
arrest and the commission of the crime, a warrant of arrest must be secured
and
(2) the person making the arrest has personal knowledge of certain facts
indicating that the person to be taken into custody has committed the crime.
Question 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.
However, waiver is limited to the illegal arrest. It does not extend to the search
made as an incident thereto, or to the subsequent seizure if evidence
allegedly found during the search.
Warrantless Searches
(1) When the right is voluntarily waived;
(2)Whenthereisavalidreasontostopandfrisk;
(3) Where the search (and seizure) is an incident to a lawful arrest;
(4) Search of vessels and aircrafts;
(5) Search of moving vehicles;
(6) Inspection of buildings and other premises for the enforcement of fire,
sanitary and building regulations;
(7) Where prohibited articles are in plain view;
(8) Search and seizure under exigent and emergency circumstances; and
(9) Conduct of areal target zoning or saturation drive/s as valid exercise of
military powers of the President (Guanzon vs. de Villa)
part of the contract between the passenger and the air carrier.
Checkpoint Search
(1) Mere routine inspection: the search is normally permissible when it is
limited to a mere visual search, where the occupants are not subjected to a
physical or body search.
(2) Extensive search: constitutionally permissible if the officers conducting the
search had reasonable or probable cause to believe, before the search, 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.
Inspection of buildings and other premises for the enforcement of fire, sanitary
and building regulations
- Exercise of police power of the State
- Must be conducted during reasonable hours
Prohibited articles are in plain view
- Objects in plain view of the officer who has the right to be in the position to
have that view.
- Police officer is not searching but inadvertently comes upon an incriminating
object.
- Requisites:
(1) Prior valid intrusion based on a valid warrantless arrest in which the police
are legally present in the pursuit of their official duties;
(2) Evidence was inadvertently discovered by the police who have the right to
be where they are;
(3) Evidence must be immediately apparent; and
(4)Plainviewjustifiedtheseizureoftheevidencewithoutanyfurther
search.
Plain View
- Object is plainly exposed to sight.
- Where the object seized is inside a closed package, the object is not in plain
view and, therefore, cannot be seized without a warrant.
- Package proclaims its contents transparency, distinctive configuration or
contents are obvious to an observer.
- People vs. Salanguit: once the valid portion of the search warrant has been
executed,theplainviewdoctrinecannolongerprovideanybasisfor
admittingtheotheritemssubsequentlyfound(marijuanawasalsowrapped
innewspaperwhichwasnottransparent.warrantforshabuanddrug
paraphernalia, found the shabu first)
- Doctrine is not an exception to the warrant. It serves to supplement the prior
justification. It is a recognition that of the fact that when executing police
officers come across immediately incriminating evidence not covered by the
warrant, they should not be required to close their eyes to it, regardless of
whether it is evidence of the crime they are investigating or evidence of some
other crime. It would be needless to require the police to obtain another
warrant.
?Inviolability
- Exceptions:
(2) Lawful order of the court;
(3) Public safety or order requires otherwise, as may be provided by law.
- Includes tangible and intangible objects.
- RA 4200: illegal for any person not authorized by all the parties to any
private communication, to secretly record such communications by means of
a tape recorder. Telephone extension was not among the devices covered by
this law.
Freedom of Expression
- No law shall be passed abridging the freedom of speech, of expression nor
of the press, or the right of the people peaceably to assemble and petition the
government for redress of grievances.
- Scope: Any and all modes of expression.
?Aspects:
(1) Freedom from censorship or prior restraint
- Need not be total suppression, even restriction of circulation constitutes
censorship.
- Section 11 (b), RA 6646: legitimate exercise of the police power of the State
to regulate media or communication and information for the purpose of
ensuring equal opportunity, time and space for political campaigns. Unrelated
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
equality.
- Movie censorship: movie, compared to other media of expression, have a
greater capacity for evil and must, therefore, be subjected to a greater degree
of regulation.
PowerofMTRCBcanbeexercisedonlyforpurposesofclassificationnot
censorship.
PrimacyoffreedomofexpressionoverEnrilesrighttoprivacybecause
Enrilewasapublicfigureandapublicfiguresrighttoprivacyisnarrower
than that of an ordinary citizen. (Ayer Productions vs. Judge Capulong)
BoardofReviewforMotionPicturesandTelevision(BRMPT)Xrating
when the program would create a clear and present danger of an evil which
the State has the right to prevent. (Inglesi ni Cristo vs. CA)
- No law prohibiting the holding and reporting of exit poll. (ABS-CBN
Broadcasting Corporation vs. COMELEC)
Testforthevalidityofgovernmentregulation,validif(OBrienTest):
1. within the constitutional power of government;
2. furthers an important or substantial government interest;
3. government interest is unrelated to the suppression of free expression; and
4. incidental restriction on the freedom is no greater than is essential to the
furtherance of that interest.
- Overbreadth Doctrine: prohibits government from achieving its purpose by
meansthatsweepunnecessarilybroadly,reachingconstitutionallyprotected
aswellasunprotectedactivity.
(2) Freedom from subsequent punishment
- Without this assurance, the individual would hesitate to speak for fear that
he might be held accountable for his speech, or that he might be provoking
the vengeance of the officials he may have criticized.
- Not absolute and may be properly regulated in the interest of the public.
- State may validly impose penal and/or administrative sanctions, such as:
1. Libel
- Public and malicious imputation of a crime, or of a vice or defect, real or
clear:seemstopointtoacausalconnectionwiththedangerofthe
substantive evil arising from the utterance questioned
presentreferstothetimeelement,identifiedwithimminentandimmediate
danger
- The danger must not only be probable, but very likely inevitable.
(2) Dangerous Tendency Rule
- Words uttered create a dangerous tendency of an evil which the State has
the right to prevent, then such words are punishable.
- Sufficient if the natural tendency and the probable effect of the utterance
were to bring about the substantive evil that the legislative body seeks to
prevent.
(3) Balancing of Interests Test
- When particular conduct is regulated in the interest of public order, and the
regulation results in an indirect, conditional or partial abridgment of speech,
the duty of the courts is to determine which of the two conflicting interests
demands the greater protection under the particular circumstances presented.
- Requires a court to take conscious and detailed consideration of the
interplay of interests observable in a given situation.
?Assembly and Petition
- Right to assemble is not subject to prior restraint.
- It may not be conditioned upon prior issuance of a permit or authorization
from government authorities.
- It must be exercised in such a way as will not prejudice the public welfare.
- PUBLIC PLACE: permit for the use of such place, and not for the assembly
itself, may be validly required. The power of local officials is merely one of
regulation.
- Permit to hold public assembly shall not be necessary where the meeting is
to be held in a PRIVATE PLACE.
Public Assembly Act: a permit shall not be necessary where the meeting is
tobeheldinaprivateplace,inthecampusofthegovernmentownedor
operated educational institution, or in a freedom park.
Wherepermitisrequired,writtenapplicationshallbefiledwiththemayors
office at least 5 days before the scheduled meeting and shall be acted upon
within 2 days. Otherwise, permit shall be deemed granted.
Denial shall be justified only upon clear and convincing evidence that the
public assembly will create a cleat and present danger to public order, safety,
convenience, morals and health.
Actionshallbecommunicatedwithin24hourstotheapplicantmay
appeal to appropriate courts.
Decision must be reached within 24 hours.
The law permits law enforcement agencies to detail a contingent under a
responsible officer at least 100 meters away from the assembly in case it
becomes necessary to maintain order.
- Academic freedom of institutions of higher learning cannot be utilized to
discriminate against those who exercise their constitutional rights.
Freedom of Religion
- No law shall be made respecting an establishment of religion or prohibiting
the free exercise thereof.
- The free exercise and enjoyment of religious profession and worship, without
discrimination or preference, shall forever be allowed. No religious test shall
be required for the exercise of civil or political rights.
- 2 guarantees:
1. non-establishment clause
2. freedom of religious profession and worship
- Non-establishment clause: separation of Church and State
1. cannot be registered as a political party;
2. no sectoral representative from the religious sector; and
3. prohibition against the use of public money or property for the benefit of any
religion, or of any priest, minister or ecclesiastic.
- Exceptions:
1. exception from taxation of properties actually, directly and exclusively used
for religious purposes;
2. citizenship requirement of ownership of educational institutions, except
those established by religious groups and mission boards;
3. optional religious instruction in public elementary and high schools
expressed in writing by the parents/guardians, taught within regular class
hours; and without additional costs on the Government; and
4. appropriation allowed where the minister or ecclesiastic is employed in the
armed forces, penal institution or in the government-owned orphanage or
leprosarium.
- Scope:
1. State cannot set up a Church
2. nor pass laws which aid one religion, aid all religion or prefer one over
another;
3. nor force nor influence a person to go to or remain away from church
against his will;
4. or force him to profess a belief or disbelief in any religion.
ThetermNonChristiantribesdoesnotrefertoreligiousbeliefbutto
degree of civilization. (People vs. Cayat)
- Laws, e.g. Article 133 of the RPC, do not violate freedom of religion.
- Freedom of religion is accorded preferred status, designed to protect the
broadest possible liberty of conscience, to allow each man to believe as his
conscience directs, to profess his beliefs and to live as he believes he ought
to live, consistent with liberty of others and with the common good.
- Intramural religious disputes:
- Limitations:
1) On 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 transportation from
the province by an employment agency;
Rubi vs. Provincial Board of Mindoro: requiring some members of the nonChristiantribestoresideonlywithinareservation,validtopromotetheir
better education, advancement and protection.
Universal Declaration of Human Rights: everyone has the right to leave any
country, including his own and to return to his country.
Covenant on Civil and Political Rights: no one shall be arbitrarily deprived of
the right to enter his own country.
2) On right to travel: national security, public safety or public health, as may
be provided by law
- Lawful order of the court is a valid restriction.
- Court may validly refuse to grant the accused permission to travel abroad,
even if the accused in out on bail. (Manotoc vs. CA)
- Liberty of travel may be impaired even without court order, the appropriate
executive officers or administrative authorities are not armed with arbitrary
discretion to impose limitations.
- Principles:
1)TheHolddepartureOrderisbutanexerciseofthecourtsinherentpower
to preserve and maintain the effectiveness of its jurisdiction over the case and
over the person of the accused;
2) By posting bail, the accused holds himself amenable at all times to the
orders and processes of the court, thus, she may be legally prohibited from
leaving the country during the pendency of the case; and
3) Parties with pending cases should apply for permission to leave the country
from the very same courts which, in the first instance, are in the best position
to pass upon such applications and to impose appropriate conditions
therefore, since they are conversant with the facts of the cases and the
ramifications or implications thereof.
- The persons right to travel is subject to the usual constraints imposed by the
very necessity of safeguarding the system of justice. Whether the accused
should be permitted to leave the country for humanitarian reasons is a matter
addressedtothecourtsdiscretion.
Right to Information
- Right of the people to information on matters of public concern shall be
recognized.
- Access to official records and to documents and papers pertaining to official
acts, transactions pr decisions as well as to government research data used
as basis for policy development shall be afforded the citizen, subject to such
limitations as may be provided by law.
- Scope of the Right: right to information contemplates inclusion of
negotiations leading to consummation of the transactions.
The right only affords access, which means the opportunity to inspect and
copy them at his expense.
Subject to regulations: to protect integrity of public records and to minimize
disruption of government operations.
- Exceptions:
1) Privileged communications rooted in separation of powers
2) Information on military and diplomatic secrets
3) Information affecting national security
4) Information on investigations of crimes by law enforcement agencies before
the prosecution of the accused.
- Need for publication of law reinforces this right.
- The manner of examining public records may be subject to reasonable
regulation by the government agency in custody.
- The duty to disclose the information of public concern, and to afford access
to public records cannot be discretionary on the part of said agencies. Its
performance may be compelled by mandamus.
- In Re: Request for Live Radio-TV Coverage of the Trial in the SB of the
Plunder Case against Former Pres. Joseph Ejercito Estrada, Secretary of
Justice Hernando Perez vs. Joseph Ejercito Estrada: when the constitutional
guarantees of freedom of the press and the right to public information, on the
one hand, and the fundamental rights of the accused, on the other hand,
along with the constitutional power of a court to control its proceedings in
ensuring a fair and impartial trial race against another, jurisprudence tells us
that the right of the accused must be preferred (losing not only his liberty but
also the very life of an accused).
Right to Form Associations
- The right of the people, including those employed in the public and private
sectors, to form unions, associations or societies for purposes not contrary to
law shall not be abridged.
- Scope: includes the right not to join or to disaffiliate from one.
- Right to Strike: members of the civil service may not declare a strike to
enforce economic demands.
- The ability to strike is not essential to the right of association.
- The right of the sovereign to prohibit strikes or work stoppages by public
employees is clearly recognized at common law. Modern rule merely
incorporate or reasserts said common law.
- Right is not absolute.
Anti-Subversion Act
Managerial employees: receive information that is not only confidential but
also generally not available to the public.
Non-impairment Clause
- No law impairing the obligation of contracts shall be passed.
- To fall within the prohibition, the change must not only impair the obligation
of the existing contract, but the impairment must be substantial.
- Change in the rights of the parties with reference to each other and not with
respect to non-parties.
- Impairment: anything that diminishes the efficacy of the contract
- Substantial impairment when the law changes either
1) Time of performance
2) Mode of performance
3) Imposes new conditions
4) Dispenses with those expressed
5) Authorizes for its satisfaction something different from that provided in its
terms
- Limitations:
1)Policepowerpublicwelfareissuperiortoprivaterights
2) Eminent domain
3) Taxation
- Franchises, privileges, licenses, etc do not come within the context of the
provision
Subject to amendment alteration, or repeal by the Congress when common
good so requires.
Free Access to Courts
- Free access to the courts and quasi-judicial bodies and adequate legal
assistance shall not be denied to any person by reason of poverty.
- Social justice provision providing for pauper suits.
Miranda Doctrine
- Any person under investigation for the commission of an offense shall have
The right to be informed of his right to remain silent and
To have competent and independent counsel preferably of his own choice.
- If the person cannot afford the services of counsel, he must be provided with
one.
- These rights cannot be waived, except
In writing and
In the presence of the counsel.
- No torture, force, violence, threat, intimidation or any other means which
vitiate the free will shall be used against him.
- Secret detention places, solitary, incommunicado, or other similar forms of
detention are prohibited.
- Any confession or admission obtained in violation of this or Section 17 shall
be inadmissible in evidence against him.
- The law shall provide for penal and civil sanctions for violations of this
section, as well as compensation to and rehabilitation of victims of torture or
similar practices, and their families.
- Rights are available only during custodial investigation.
Custodial investigation or in-custody interrogation of accused person: any
questioning initiated by law enforcement officers after a person has been
taken into custody or otherwise deprived of his freedom of action in any
significant way.
Investigation ceases to be a general inquiry into an unsolved crime and
direction is aimed upon a particular suspect who has been taken into custody
and to whom the police would then direct interrogatory questions which tend
to elicit incriminating statements.
- Does not apply to spontaneous statement5s.
- Does not apply to admissions/confessions made by a suspect before he was
placed under custodial investigation.
Custodialinvestigationincludesthepracticeofissuinganinvitationtoa
person who is investigated in connection with an offense he is suspected to
have committed, without prejudice to the liability of the inviting officer for any
violation.
- Police Line-up
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.
- People vs. Escordial
Outofcourtidentificationmaybemadeinashowup(wheretheaccused
is brought face to face with the witness for identification) or in a police line-up
(where the suspect is identified by a witness from a group of persons
gathered for that purpose).
Duringcustodialinvestigation,thesehavebeendescribedascritical
confrontationsoftheaccusedbytheprosecutionnecessitatingthepresence
of counsel. This is because the result of these pre-trial proceedings might well
settle the fate of the accused and reduce the trial to a mere formality.
Merely photographed or paraffin test, not yet under custodial investigation.
- Investigations not considered as custodial interrogations.
- Arrested person signs a booking sheer and an arrest report at the police
station, he does not admit the commission of an offense nor confess to any
incriminating circumstance. Said booking sheet is merely a statement of how
the arrest was made and has no probative value as an EJ statement of the
person detained.
- Rights guaranteed by this provision refers only to testimonial compulsion.
- What rights are available
1) To remain silent;
No adverse inference from his refusal to answer.
2) To competent and independent counsel (preferably of his own choice; at all
stages of the proceeding);
Attaches upon the start of the investigation;
Lawyer should never prevent a person from telling the truth.
RA7438:Accusedsparent,olderbroandsis,spouse,Mayor,Municipal
Judge, district school supervisor, or priest or minister of the gospel as chosen
by the accused, may appear in lieu of the counsel during the taking of an EJ
confession IF:
1) Counsel of accused is absent and
2) Valid waiver had been executed.
competentandindependentwillingtosafeguardtheconstitutionalrights
of the accused, as distinguished from one who would merely be giving a
routineperemptoryandmeaninglessrecitaloftheindividualsconstitutional
rights.
Mere pro forma appointment of a counsel de officio who fails to genuinely
protect the interests of the accused merits disapprobation.
Independent Counsel: not special counsel, City legal officer, Mayor,
public/private prosecutor, counsel of the police, or a municipal attorney, whose
interest is admittedly adverse to the accused.
Preferablyofhisownchoicedoesnotmeanthatthechoiceofalawyerby
a person under investigation is exclusive as to preclude other equally
competent and independent attorneys from handling the defense.
Choiceoflawyerwhenaccusedcannotaffordfinalsayisstillwiththe
accused who may reject said lawyer; deemed engaged by the accused when
he does not object.
Confession obtained after charges had already been filed: The right to
counsel still applies in certain pre-trial proceedings that are considered critical
stages in the criminal process. Custodial interrogation before or after charges
have been filed, and non-custodial interrogation after the accused has been
formallycharged,areconsideredcriticalpretrialstagesinthecriminal
process.
3) To be informed of such rights;
Transmission of meaningful information rather than just ceremonial and
perfunctory recitation of an abstract constitutional principle.
P must show that the accused understood what he read and the
consequences of his waiver.
Right to be informed carries with it the correlative obligation on the part of
the investigator to explain and contemplates an effective communication
which results in the subject understanding what is conveyed. (degree of
explanation depends on the personal circumstances of the accused)
4) Rights cannot be waived except in writing and signed by the person in the
presence of his counsel;
5) No torture, force, violence, etc. which vitiates free will shall be used;
6) Secret detention places, etc. are prohibited; and
7) Confessions/admissions obtained in violation of rights are inadmissible in
evidence.
2 Kinds of Involuntary/Coerced Confession
2) Coerced confession, the product of third degree methods
3) Uncounselled statements, without the benefit of the Miranda warning
Alleged infringement of the constitutional rights of the accused during
custodial investigation is relevant and material only where an extrajudicial
confession/admission from the accused becomes the basis of conviction.
1973 Constitution does not distinguish between verbal and non-vernal
confession.
A person suspected of having committed a crime and subsequently
charged with its commission has the following rights in the matter of his
ResGestaeadmissible.
- Waiver of Exclusionary Rule: failure to object to offer in evidence.
Right to Bail
- All persons except those charged with an offense punishable by RP, when
evidence of guilt is strong, shall before conviction be bailable by sufficient
sureties or be released on recognizance as may be provided by law.
- The right to bail shall not be impaired even when the privilege of the writ of
habeas corpus is suspended.
- Excessive bail shall not be required.
- Bail: is the security given for the release of a person in custody of the law,
furnished by him or a bondsman, conditioned upon his appearance before any
court as may be required.
- Any person under detention, even if no formal charge have yet been field,
can invoke the right to bail.
- When bail is authorized, it should be granted before arraignment, otherwise,
the accused may be precluded from filing a motion to quash.
- Exceptions:
1. when charged with an offense punishable by RP (or higher) and evidence
of guilt is strong
2. traditionally, not available to military
- Duty of the Court when accused is charged with an offense punishable by
RP or higher.
Hearing on the motion for bail must be conducted by the judge.
Prosecution must be given an opportunity to present all the evidences.
Applicant having right of cross-examination and to introduce evidence in
rebuttal.
If prosecution refuses to adduce evidence or fails to interpose an objection
to the motion for bail, it is still mandatory for the court to conduct a hearing or
ask searching and clarificatory questions from which it may infer the strength
of the evidence of guilt or lack of it.
- The hearing on the petition for bail need not at all times precede
arraignment, 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 liberty, even before a complaint or information is filed against
him.
Courtsordergrantingorrefusingbailmustcontainsummaryofevidencefor
the prosecution.
- The 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 approach, not being a final assessment.
- Bail is either:
1) A matter of right
Before or after conviction by MeTC, MTC MTC in Cities, MCTC
Before conviction by RTC of an offense not punishable by death, RP or life
imprisonment.
2) Judges discretion
Upon conviction by RTC of an offense not punishable by death, RP or life
imprisonment.
The court, in its discretion, may allow the accused to continue on
provisional liberty under the same bail bond during the period to appeal,
subject to consent of bondsman.
If court imposes penalty of imprisonment of 6-20 years, accused shall be
denied bail or bail previously granted cancelled, upon showing by prosecution
that:
1) The accused is a recidivist, quasi-recidivist, habitual delinquent, or has
committed the crime aggravated by the circumstance of reiteration;
2) The accused is found to have previously escaped from legal confinement,
evaded sentence or has violated the conditions of his bail without valid
justification;
3) The accused committed the offense while on probation, parole or under
conditional pardon;
4) Circumstances of the accused or his case indicate the probability of flight if
released on bail; and
5) Undue risk that during pendency of the appeal, the accused may commit
another crime.
3) Denied
Accused is charged with a capital offense or an offense punishable by RP
or higher and evidence of guilt is strong.
Principle denying bail to an accused charged with a capital offense where
evidence of guilt is strong, applies with equal force to the appellant who,
though convicted of an offense not punishable by death, RP, or life
imprisonment was nevertheless originally charged with a capital offense.
- Standards for fixing bail
1) Financial ability of the accused
2) Nature and circumstances of the offense
3) Penalty for the offense charged
4) Character and reputation of the accused
5) Penalty for the offense charged
6) Weight of the evidence against him
7) Age and health
8) Probability of appearing at the trial
9) Forfeiture of other bonds by him
10) Fact that he was a fugitive from justice when arrested
11) Pendency of other cases in which he is under bond
- Right to Bail and Extradition (Government of the U.S. vs. Judge Purungan
and Mark Jimenez)
The constitutional provision on bail applies only when a person is arrested
and detained for violation of Philippine criminal laws. It does not apply to
extradition proceedings, because extradition courts do not render judgments
of acquittal or conviction.
It flows from the presumption of innocence in favor of every accused who
should not be subjected to the loss of freedom unless his guilt is proved
beyond reasonable doubt. The constitutional provision on bail will not apply to
a case of extradition where the presumption of innocence is not an issue.
Extradition proceedings are separate and distinct from the trial of the
offenses for which he is charged.
He should apply for bail before the courts trying the criminal cases against
him, not before the extradition court.
After a potential extradite has been arrested and placed under custody of
the law, bail may be applied for and granted as an exception, only after clear
and convincing showing that
a. Once granted bail, the applicant will not be a flight risk or a danger to the
community, and
b. There exists special, humanitarian and compelling circumstances.
WaiveroftheRighttoBailpersonaltotheaccused.
- The right to bail is not impaired by the suspension if the privilege of the writ
of habeas corpus.
restraint. It secures to the prisoner the right to have the cause of his detention
examined and determined by the courts; and to have the issue ascertained as
to whether he is held under lawful authority.
- May also be availed of where, as a consequence of a judicial proceeding:
1. there has been deprivation of constitutional rights
2. the court has no jurisdiction to impose the sentence
3. excessive penalty has been imposed, since such sentence is void as to the
excess.
- The 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
jurisdiction to do so.
- Even if the detention is at its inception illegal, supervening events such as
the issuance of a judicial process, may prevent the discharge of the detained
person.
- That the preliminary investigation was invalid and that the offense had
already prescribed is not a ground to grant the issuance of habeas corpus.
Remedy: motion to quash the WOA or file a motion to quash the information
based on prescription.
- Desaparecidos (disappeared persons), persons in whose behalf the writ was
issued could not be found Remedy: refer the matter to the Commission on
Human Rights
In case of doubt, the burden of proof rests on the officers who detained
them and who claim to have effected the release of the detainees.
- All courts of competent jurisdiction may entertain petitions for HC to consider
the release of petitioners convicted of violation of the Dangerous Drugs Act,
provided they have served the maximum term of the applicable penalties
newly prescribed by RA 7659.
HCliesonlywheretherestraintofthepersonslibertyhasbeenjudicially
adjudged to be illegal or unlawful.
- Loss of judicial records, after 12 years of detention in the service of the
sentence imposed upon conviction, will not entitle him to be released on HC.
Remedy: reconstitution of judicial records.
- Have to comply with the writ. Disobedience constitutes contempt of court.
- In case of invasion or rebellion, when the public safety requires it, the
President may for a period not exceeding 60 days, suspend the privilege of
the writ of HC.
- W/in 48 hours from the suspension, the President shall submit a report, in
person or in writing, to Congress.
- Congress, voting jointly by a majority vote of at least a majority of all its
members in regular or special session may revoke such proclamation or
suspension, such revocation shall not be set aside by the President.
- Upon initiative of the President, the Congress may, in the same manner,
extend such proclamation or suspension for a period to be determined by
Congress, if the invasion or rebellion shall persists and public safety requires
it.
- SC may review, in appropriate proceeding filed by any citizen, the sufficiency
of the factual basis for the proclamation of martial law and the suspension of
the privilege of the HC or the extension thereof.
- SC must promulgate its decision w/in 30 days from filing.
- The suspension of the privilege of the writ shall apply only to persons
charged for rebellion or offenses inherent in or directly connected with
invasion.
- During the suspension of the privilege of the writ, any person thus arrested
or detained shall be judicially charged within 3 days, otherwise he shall be
released.
- Suspension of the privilege does not suspend the right to bail.
Self-incrimination
- No person shall be compelled to be a witness against himself.
- Right is available not only in criminal prosecutions but also in all other
government proceedings, including civil actions and administrative or
legislative investigations.
- It may be claimed not only by the accused but also by any witness to whom
a question calling for an incriminating answer is addressed.
- General Rule: it may be invoked only when and as the question calling for an
incriminating answer is asked. This applies only to ordinary witness.
In criminal prosecution accused may not be compelled to take the witness
stand.
Similarly applicable to a respondent in an administrative proceeding.
- Scope: not against all compulsion, but testimonial compulsion only. (not the
inclusion of his body in evidence when it may be material)
Prohibition extends to the compulsion for the production of documents,
papers and chattels that may be used as evidence against the witness, except
where the State has a right to inspect the same such as the books of
Involuntary Servitude
- No involuntary servitude in any form exist except as a punishment for a
crime whereof the party shall have been duly convicted.
- Exceptions:
1) Punishment for a crime whereof one has been duly convicted;
2) Patria potestas
3) Posse comitatus
4) Return to work order in industries affected by public interest
5) Service in defense of the state
6) Naval (merchant marine) enlistment
Prohibited Punishment
- Excessive fines shall not be imposed.
- Nor cruel, degrading or inhuman punishment inflicted.
- Neither shall death penalty be imposed, unless for compelling reasons
involving heinous crimes, the Congress hereafter provides for it.
- Any death penalty already imposed shall be reduced to RP.
- The employment of physical, psychological or degrading punishment against
any prisoner or detainee, or the use of substandard or inadequate penal
facilities under subhuman conditions shall be dealt with by law.
- Mere severity does not constitute cruel or unusual punishment.
- The penalty must be flagrantly and plainly oppressive, wholly
disproportionate to the nature of the offense as to shock the moral sense of
the community.
- Death penalty is not a cruel or unusual punishment. It is an exercise of the
Statespowertosecuresocietyagainstthethreatenedandactualevil.
Automatic review in death penalty cases shall proceed even in the absence of
the accused, considering that nothing less than life is at stake and any court
decision must be error-free as possible.
Double Jeopardy
- No person shall be twice put in jeopardy of punishment for the same offense.
- If an act is punished by law and an ordinance, conviction or acquittal under
either shall constitute a bar to another prosecution for the same act.
- Requisites:
1. valid complaint or information
does not attach in preliminary investigation.
2. filed before a competent court
mistake has been made in charging the proper offense, the first charge
shall be dismissed to pave the way for the filing of the proper offense. The
dismissal of the first case will not give rise to double jeopardy inasmuch as the
court does not have jurisdiction over the case,
3. to which defendant had pleaded
no arraignment = no double jeopardy
grant of motion to quash, filed before the accused makes his plea, can be
appealed by the prosecution because the accused has not yet been placed in
jeopardy.
4. defendant was previously acquitted or convicted, or the case dismissed or
otherwise terminated without his express consent
promulgation of only one part of the decision is not a bar to the
promulgation of the other part, the imposition of the criminal accountability
and does not constitute a violation of the proscription against double jeopardy.
- Dismissal of action
1. permanent dismissal
1) termination of the case on the merits resulting in either conviction or
acquittal
2)dismissalofthecasebecauseoftheprosecutionsfailuretoprosecute
3) dismissal on the ground of unreasonable delay in violation of the right to
speedy trial
2.provisionaldismissaldismissalwithoutprejudicetoreinstatementbefore
order of dismissal becomes final or to subsequent filing of a new information
within the periods allowed by law.
Expressconsentdirectlygiven,eithervivavoceorinwriting,apositive,
direct, unequivocal consent requiring no inference or implication to supply its
meaning.
- When dismissal is made at the instance of the accused, there is no double
jeopardy.
- When the ground for motion to dismiss is insufficiency of evidence (grant of
demurrer) equivalent to an acquittal and any further prosecution would
violate the constitutional proscription against double jeopardy.
- When the proceedings have been unreasonably prolonged as to violate the
right of the accused to speedy trial double jeopardy
Revivalofthecaseprovisionallydismissedtimebarfortherevivalof
criminal cases provisionally dismissed with the express consent of the
accused and with prior notice to the offended party:
1) 2 years if the offense charged is penalized by more than 6 years
imprisonment
2) 1 years if the penalty imposed does not exceed 6 years imprisonment or a
fine in whatever amount
- Prohibits the state from appealing or filing a petition for review if judgment of
acquittal that was based on the merits of the case. Certiorari will lie to correct
errors of judgment.
- Double jeopardy provides three related protections:
1) Against 2nd prosecution for the same offense after acquittal;
2) Against a 2nd prosecution for the same offense after conviction; and
3) Against multiple punishments for the same offense.
- Instances when prosecution may appeal
1) Prosecution is denied due process, such denial results in loss or lack of
jurisdiction and this appeal may be allowed
2) Accused has waived or is estopped from invoking his right against double
jeopardy
- No double jeopardy
1) Mistrial
2) State is deprived of fair opportunity to prosecute and prove its case
3) Dismissal of information/complaint is purely capricious
4) Lack of proper notice to be heard
5) Accused waives or is estopped from invoking his right against double
jeopardy.
6) Dismissal/acquittal is made with grave abuse of discretion
Dischargeofcoaccusedtobeutilizedasgovernmentwitness
- Accused cannot be prosecuted anew for an identical offense, or for any
attempt to commit the same or frustration thereof, or for any offense which
necessarily includes or is necessarily included in the offense charged in the
original complaint or information.
DoctrineofSuperveningEventtheaccusedmaystillbeprosecutedfor
another offense if a subsequent development changes the character of the
first indictment under which he may have already been charged or convicted.
The 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:
b. Graver offense developed due to supervening facts arising from the same
act or omission;
c. Facts constituting the graver offense or were discovered only after the filing
3) Naturalization
NaturalborncitizenscitizensofthePhilippinesfrombirthwithouthavingto
perform any act to acquire or perfect their Philippine citizenship.
MarriagebyFilipinotoanaliencitizensofthePhilippineswhomarryaliens
shall retain their citizenship, unless by their act or omission they are deemed,
under the law, to have renounced it.
- Dual allegiance of citizens is inimical to the national interest and shall be
dealt with by law.
- Dual citizenship as a disqualification under the LGC must refer to dual
allegiance.
- For candidates with dual citizenship, 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.
Filing of certificate of candidacy is sufficient to renounce foreign citizenship.
Attackononescitizenshipmaybemadeonlythroughadirectandnot
collateral attack.
- Doctrine of res judicata does not ordinarily apply to questions of citizenship.
Exception:
1)Personscitizenshipisresolvedbyacourtoranadministrativebodyasa
material issue in the controversy, after full-blown hearing
2) Active participation of the SolGen or his representative
3) Finding of citizenship is affirmed by the SC
- Citizens of the Philippines
1) Citizens of the Philippines at the time of the adoption of the 1987
Constitution
2) Whose fathers or mothers are citizens of the Philippines
3) Born before January 17, 1973, of Filipino mothers, who elect Philippines
citizenship upon reaching the age of majority
Election stated in a statement to be signed and sworn to by the party
concerned before any official authorized to administer oath.
Filed with the nearest Civil Registry
Accompanied with the Oath of Allegiance to the Constitution and the
Government
Within 3 years from reaching the age of majority except when there is
justifiable reason for delay.
DoctrineofImpliedElectionexerciseofrightofsuffrageandparticipation
in the election exercises
Right is available to the child as long as the mother was a Filipino citizen at
the time of the marriage to the alien, even if by reason of such marriage, she
lost her Philippine citizenship and even if the mother was not a citizen at time
of birth.
Right to elect Philippine citizenship is an inchoate right
During his minority, child is an alien.
Apply only to legitimate children.
If the child is illegitimate, he follows the status and citizenship of his known
parent, the mother.
4) Naturalization
- Modes of Naturalization
Direct
2) Judicial or administrative proceedings
3) Special act of legislature
4) Collective change of nationality, resulting from cession or subjugation
5) Adoption of orphan minors as nationals of the State where they were born
Derivative
1) Alien woman upon marriage to a national
2) Minor children of naturalized person
3) Wife of naturalized husband
- Doctrine of Indelible 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 acquired.
- Qualifications:
1) Not less than 21 at the date of the hearing;
2) Resided in the Philippines for a continuous period of 10 years
Reduced to 5 years IF
1) Born in the Philippines
2) Honorably held office in Government
3) Introduced a useful invention or established a new industry
4) Engaged as a teacher in the Philippines, public or private school (except
those established for the exclusive instruction of persons of a particular
nationality) or in any branches of education or industry for a period of not less
than 2 years
3) Good moral character; believes in the underlying principles of the
Constitution; conducted himself in a proper and irreproachable manner during
his residency
4) Own real estate in the Philippines not less than P5,000, have some
lucrative trade, profession or lawful occupation
5) Speak and write English/Spanish/any principal Philippine languages
6) Enrolled his minor children of school age to public/private schools
recognized by the Government, where Philippine history, government and
civic are taught
- Disqualifications:
1) Opposed to organized government or affiliated with any association of
groups/persons who uphold and teach doctrines opposing all organized
governments
2) Defending or teaching the propriety of violence, personal assault,
assassination for the success or predominance of ideals
3) Polygamists or believers
4) Convicted of a crime involving moral turpitude
5) Suffering from mental alienation or incurable contagious disease
6) Who, during the period of their residence, have not mingled socially with
Filipinos or who have not evinced a sincere desire to learn and embrace the
- Effects
1) Vests citizenship on wife if she herself may be naturalized
2) Minor children born in the Philippines before naturalization shall also be
considered citizens
3) Minor children born outside the Philippines but residing in the Philippines at
the time of naturalization shall also be considered citizens
4) Minor children born outside the Philippines shall be citizens only during
minority, unless he begins to reside permanently in the Philippines
5) Child born outside the Philippines, after the naturalization of the parents
shall be considered citizens, Provided he registers as such before any
Philippine consulate within one year after attaining majority age and takes his
oath of allegiance
DFA
Bureau of Immigration and Deportation
Civilregistrarofpetitionersplaceofresidence
NBI
5)Within60daysfromreceiptofagenciesreport,Committeeshallconsider
and review all information.
6) If Committee receives any adverse information, Committee shall allow
petitioner to answer, explain or refute the petition
7) Deny or Approve petition
8) Within 30 days from approval, petitioner pays P100,000, take oath of
allegiance and certificate of naturalization shall issue.
9) Within 5 days from taking oath, BoI shall forward copy of oath to the proper
localcivilregistrarandcancelpetitionersaliencertificateofregistration.
- Status of Alien Wife and Minor Children
May filed a petition for cancellation of their alien certificate of registration.
If applicant is a married woman, husband may not benefit. But minor
children may avail of the right to seek the cancellation of alien certificate of
registration.
- Cancellation of the Certificate of Naturalization
1) Naturalized person or representative made any false statement or
misrepresentation or obtained citizenship fraudulently or illegally or committed
any violation of the law, rules or regulations
2) w/in 5 years shall establish permanent residence in a foreign country
o 1-year stay in native country or 2-year stay in a foreign country is prima
facie evidence of intent to take up residence
3) Allowed himself, wife or children with acquired citizenship to be used as
dummy
4) He, his wife or children commits any act inimical to national interest
Loss and Reacquisition of Philippine Citizenship
- Loss of Citizenship
2) Naturalization in a foreign country
- RA 9225
3) By express renunciation of citizenship
4) By subscribing to an oath of allegiance to support the Constitution or laws
of a foreign country upon attaining 21 years of age
PrincipleofIndelibleAllegianceFilipinomaynotdivesthimselfof
Philippine citizenship in this manner while Philippines is at war with any
country
5) By rendering service or accepting commission in the armed forced of a
foreign country
- Exceptions:
1) Philippines has a defensive and/or offensive pact of alliance with the said
foreign country
2) Foreign country maintains armed forces in the Philippine territory with
consent of the Republic
Salaries
Determined by law.
No increase in said compensation shall take effect until after the expiration
of the term of all the members of the Senate and House approving such
increase.
Privileges
1) Freedom from Arrest
Offenses punishable by not more than 6 years imprisonment, be privileged
Disqualifications
1) Incompatible Office
Not hold any other office or employment
Forfeiture of the seat in Congress automatically upon assumption of
incompatible office.
N/A if he holds the government office in an ex officio capacity
2) Forbidden Office
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.
Last only for the duration of the term for which the member of Congress
was elected.
Other Inhibitions
not personally appear as counsel before any court, ET, quasi-judicial or
other administrative bodies
not be directly or indirectly interested financially in any contract with, or any
franchise or special privilege granted by the Government
not intervene in any matter before any office of the Government for his
pecuniary benefit or where he may be called upon to act on account of his
office.
Session
Regular: convene once a year on the 4th Monday of July unless a different
date is fixed by law; and shall continue for such number of days as it may
determine until 30 days before the opening of its next regular session,
exclusive of Saturdays, Sundays and legal holidays.
Special: call by president usually to consider legislative measure which the
President may designate in his call
Joint
1) Voting Separately
a. Choosing the president
b. Determine disability of the president
c. Confirming nomination of VP
d. Declaration of the existence of a state of war
e. Proposing constitutional amendments
2) Voting Jointly
a. Revoke/extend proclamation suspending the privilege of the writ of HC
b. Or placing the Philippines under martial law
AdjournmentneitherHouseduringthesessionsoftheCongressshall,
without the consent of the other adjourn for more than 3 days nor to any other
place than that in which the 2 Houses shall be sitting.
Officers
Senate elects its President
House elects its Speaker
Each nay choose such other officers as it may deem necessary
Quorum
Majority of each House
But a smaller number may adjourn from day to day and may compel the
attendance of absent Members in such manner and under such penalties as
such House may determine
Quorum in the Senate shall be the total number of Senators who are in the
country and within the coercive jurisdiction of the Senate.
Rules of Proceedings
Each House determined the rules of its proceedings.
Discipline of Members
House may punish its members for disorderly behavior, and with
concurrence of 2/3 of all its members, suspend (for not more than 60 days) or
expel a member.
Determination of acts which constitute disorderly behavior is within the full
discretionary authority of the House concerned, and the Court will not review
such determination, the same being a political question.
Commission on Appointment
Composition
b. Senate President, ex-officio chairman
c. 12 senators
d. 12 house
* b and c elected by each House on the basis of proportional representation
from the political parties registered.
Powersactonallappointmentssubmittedtoitwithin30sessiondaysof
Congress from their submission.
Shall rule by majority vote of its members
Meet only while Congress is in session
At the call of its Chairman or majority of all its members
Independent of the 2 Houses and has the power to promulgate its own rules
of proceedings.
Powers of Congress
law, a House of Congress failed to comply with its own rules, in the absence
of any showing that there was a violation of constitutional requirements or the
rights of private individuals.
It is within the Bicameral Conference Committee to include in its report an
entirely new provision that is not found either in the House or Senate bill.
If the Committee can propose an amendment consisting of 1 or 2
provisions, there is no reason why it cannot propose several provisions,
collectivelyconsideredasanamendmentinthenatureofasubstituteso
long as the amendment is germane to the subject of the bills before the
Committee.
Jurisdiction of the Conference Committee is not limited to resolving
differences between the Senate and the House versions of the bill. It may
propose an entirely new provision.
- Approval of Bills
The bill becomes a law in the following cases:
b. President approves the same and signs it.
c.CongressoverridesthePresidentialvetoifthePresidentdisapprovesthe
bill, he shall return the same, with his objections contained in his Veto
message to the House of origin (which shall enter the objections at large in its
Journal). The veto is overridden upon a vote of 2/3 of all members of the
House of origin and the other House. Yeas and Nays entered in the Journal of
each House.
o No pocket veto.
o Partial veto, as a rule, is invalid. It is allowed only for particular items in an
appropriation, revenue or tariff bill. The President cannot veto part of an item
in an appropriation bill while approving the remaining portion of the item.
oLegislativeVetoacongressionalvetoisameanswherebythelegislature
can block or modify administrative action taken under a statute. It is a form of
legislative control in the implementation of particular executive action. It may
be negative (subjecting the executive action to disapproval by Congress) or
affirmative (requiring approval of the executive action by Congress)
d. When the President fails to act upon the bill for 30 days from receipt
thereof, the bill shall become a law as if he had signed it.
2. Power of Appropriation
SpendingpowercalledthepowerofthepursebelongstoCongress
subject only to the veto power of the President.
It is the President who proposes the budget, the final say on the matter of
appropriation is lodged in Congress.
The power of appropriation carries with it the power to specify the
project/activity to be funded under the appropriation law.
NeedforappropriationNOmoneyshallbepaidoutoftheTreasury
exceptinpursuanceofanappropriationmadebylaw.
Indispensable requisites or condition sine qua non for the execution of
government contracts:
a. Existence of appropriation
b. Availability of funds
Appropriationlawastatutetheprimaryandspecificpurposeofwhichisto
authorize the release of public funds from the Treasury.
Classification:
1)GeneralAppropriationsLawpassedannually,forthefinancialoperations
of the government.
2)SpecialAppropriationsLawforspecificpurpose
Implied Limitation on Appropriation Measures
1) Appropriation must be devoted to public purpose
2) Sum authorized to be released must be determinate or at least
determinable
Decreedonotspecifythespecificamountstobepaid,theamountsare
nevertheless made certain by the legislative parameters provided in the
decrees.
Themandatebeingonlytopaytheprincipal,interest,taxesandother
normal banking charges.
Constitutional Limitation on Special Appropriation Measure
1) Specify the public purpose for which the sum is intended
2) Must be supported by funds actually available as certified to by the National
Treasurer or to be raised by a corresponding revenue proposal included
therein.
Constitutional Rules on General Appropriations Law
i. Congress may not increase the appropriations recommended by the
President for the operation of the Government.
ii. The form, content and manner of preparation of the budget shall be
prescribed by law.
iii. 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. This is intended
to prevent riders or irrelevant provisions included in the bill to ensure its
approval.
iv. Procedure for approving appropriations for Congress shall strictly follow the
procedure for approving appropriations for other departments and agencies.
(to prevent sub rosa appropriation by Congress)
v. Prohibition against transfer of appropriations
Exception:
1) President
2) Senate President
3) Speaker
4) Chief Justice
5) Heads of Constitutional Commission
Bylaw,beauthorizedtoaugmentanyiteminthegeneralappropriationlaw
for their respective offices from savings in other items of their respective
appropriations.
vi. Prohibition against appropriation for sectarian benefit
Exception:priest,preacher,ministerordignitaryisassignedtothearmed
forces or to any penal institution or government orphanage or leposarium.
6. War Powers
Declarationoftheexistenceofstateofwar2/3ofbothHousesinjoint
session, voting separately
7. Power to act as Board of Canvassers in election of President
8. Power to call a Special Election for President and VP
9.PowertojudgethePresidentsphysicalfitnesstodischargethefunctionsof
Presidency
10. Power to revoke or extend suspension of the privilege of the writ of HC or
declaration of martial law
11. Power to concur in Presidential amnesties
Concurrence of majority of all members of the Senate
12. Power to concur in treaties or international agreements
2/3 of all the members of the Senate
13. Power to confirm certain appointments by the President
in the event of vacancy in the Office of VP, from among members of
Congress confirmed by majority vote of all the Members of both Houses of
Congress, voting separately.
Nominations by President under Sec 16, Article 7 confirmed by Commission
on Appointments
14. Power to impeachment
15. Power relative to natural resources
16. Power to propose amendments to the Constitution
IX. EXECUTIVE DEPARTMENT
The President
Qualifications
1. natural-born citizen
2. registered voter
3. able to read and write
4. on the day of the election, at least 40 years old
5. resident of the Philippines for at least 10 years immediately preceding such
election
Election
- Regular Election: 2nd Monday of May
- Congress as Board of Canvassers
ReturnsofeveryelectionforPresidentandVP,dulycertifiedbyBoardof
Canvassers of each province or city shall be transmitted to Congress directed
to Senate President.
SP,uponreceipt,shallnotlaterthan30daysafterthedayoftheelection,
open all the certificates in the presence of the Senate and House in joint
public session.
Congressupondeterminationoftheauthenticityanddueexecution,shall
canvass the votes.
Congressshallpromulgateitsownrules.
2ormorecandidatesshallhaveanequalandhighestnumberofvotes,one
of them shall be chosen by a majority vote of all members of Congress.
- Congress has the authority to proclaim the winning candidates for the
position of President and Vice President
- Congress may delegate the initial determination of the authenticity and due
execution of the certificate of canvass to a Joint Congressional Committee,
composed of members of the House and Senate
- The decisions and final report of the Committee shall be subject to the
approval of the joint session of both Houses if Congress, voting separately.
- Even if Congress has adjourned its regular session it may continue to
perform this Constitutional duty of canvassing the presidential and vicepresidential election results without need of any call for a special session by
the President.
- The joint public session cannot adjourn sine die until it has accomplished its
constitutionally mandated task.
- No constitutional or statutory basis for COMELEC to undertake a separate
andanunofficialtabulationofresultsdescendstothelevelofprivate
organization while using public funds, violates exclusive prerogative of
NAMFREL and taints integrity of envelopes containing ER and the ERs
themselves.
- SC as Presidential Electoral Tribunal
SC,enbanc
Solejudgeofallcontestsrelatingtotheelection,returnsandqualificationsof
the President or VP
Promulgateitsownrules
Term of Office: 6 years
- No re-election
- No person who has succeeded as President and has served for more than 4
years shall be qualified for election to the same office at any time
Privileges
1. Official Residence
2. Salary
- Determined by law
- Shall not be decreased during tenure
- No increase shall take effect until after expiration of the term of the
incumbent during which such increase was approved.
3. Immunity from Suit
- President is immune from suit
- May not be prevented from instituting a suit
- Immune from civil liability
- After tenure, cannot invoke immunity from suit for civil damages arising out
of acts done by him while he was President which was not performed in the
exercise of official duties.
DepartmentSecretaries,thoughalteregos,cannotinvokePresidents
Prohibitions/Inhibitions
1. Not receive any other emoluments from the government or nay other
source
2. Not hold any other office or employment, unless provided in this
Constitution
- VP may be appointed to the Cabinet without need of confirmation from
Commission on Appointment
- Secretary of Justice is ex-officio member of Judicial and Bar Council
- Secretary of Labor ex-officio member of BOD of PEZA
- Secretary of TC ex-officio Chairman of PPA and LRTA
- Prohibition must not be construed as applying to poses occupied by
Executive officials without additional compensation in an ex-officio capacity,
as provided by law and as required by the primary functions of the said
officialsoffice.Thesepostsdonotcompriseanyotherofficebutisan
imposition of additional duties and functions on said official.
3. Not directly or indirectly practice any other profession, participate in any
business or be financially interested in any contract, franchise or special
privilege
4. Strictly avoid conflict of interest in the conduct of their office
5. May not appoint Spouse or Relatives by consanguinity or affinity within the
fourth civil degree as
a. Members of Constitutional Commissions
b. Office of the Ombudsman
c. Secretaries
d. Undersecretaries
e. Chairman/heads of bureaus/offices/GOCCs/subsidiaries
Rules on Succession
- Vacancy at the BEGINNING of term
DEATHorPERMANENTDISABILITYofPresidentelect
VP-elect shall become President
President-elect fails to qualify
VP-elect shall act as President until President-elect shall have qualified
President shall not have been chosen
VP-elect shall act as President until President-elect shall have been chosen
and qualified
No President and VP:
- Chosen
- Qualified
- Both died
- Both become permanently disabled
Senate President or in case of his disability, the Speaker of the House shall
act as President until a President or VP shall been chosen and qualified.
In case of inability of both, Congress shall, by law provide for the manner by
Qualifications
1. natural-born citizen
2. registered voter
3. able to read and write
4. on the day of the election, at least 40 years old
5. resident of the Philippines for at least 10 years immediately preceding such
election
Term: No VP shall serve for more than 2 successive terms.
Vacancy in VP
- President shall nominate a VP from among members of Senate and House
- Assume office upon confirmation by a majority vote of all Members of both
Houses of Congress, voting separately
Powers of the President
1) Executive Power
2) Power of Appointment
3) Power of Control
4) Military Powers
5) Pardoning Power
6) Borrowing Power
7) Diplomatic Power
8) Budgetary Power
9) Informing Power
10) Others
a. Call Congress to special session
b. Power to approve or veto bolls
c. Consent to deputation of government personnel by COMELEC
d. Discipline such deputies
e. Emergency powers, by delegation from Congress
f. General supervision over LGs and autonomous regional governments
Executive Power
- Executive Power: power to enforce and administer the laws
- Power of carrying out the laws into practical operation and enforcing their
due observance
AuthoritytoReorganizetheOfficeofthePresidenttoachievesimplicity,
economyandefficiency.
d.AdinterimmadebyPresidentwhileCongressisnotinsession
Takes effect immediately but ceases to be valid if disapproved by the
Commission on Appointments or upon next adjournment of Congress (bypassed through inaction)
offenses that have traditionally within their jurisdiction but did not divest the
military courts jurisdiction over cases mandated by the Article of War
a. Disrespect towards the President
b. Disrespect towards Superior Officer
c. Sedition/Mutiny
d. Conduct Unbecoming an Officer and a Gentleman
e. General Articles of the Articles of War
- Suspension of the privilege of the writ of HC
Grounds: invasion or rebellion, when public safety requires it
Duration: not to exceed 60 days, unless extended by Congress
Duty of President to Report action to Congress: w/in 48 hours, personally or
in writing
Congress may revoke or extend by a majority vote of all its members,
voting jointly
SC may review upon proceeding filed by any citizen, as to the sufficiency of
factual basis. It must promulgate its decision w/in 30 days from its filing.
Suspension does not impair the right to bail.
Suspension applies to persons judicially charged for rebellion or offenses
inherent in or directly connected with invasion
During suspension, any person thus arrested shall be judicially charged w/in
3 days, otherwise he shall be released.
- Martial Law
NOT Suspend operation of the Constitution
NOT Supplant the functioning of civil courts or legislative assemblies
NOT authorize conferment of jurisdiction on military courts and agencies
over civilians where civil courts are able to function
NOT automatically suspend the privilege of the writ
Pardoning Power
- Except in cases of IMPEACHMENT or AS OTHERWISE PROVIDED IN THE
CONSTITUTION
- May grant, after conviction by final judgment
a. Reprieves
b. Commutations
c. Pardons
d. Remit fines and forfeitures
- May grant Amnesty with concurrence of a majority of all members of the
Congress
- Pardon: act of grace which exempts the individual from punishment that the
law inflicts upon the crime he has committed
- Commutation: reduction or mitigation of penalty
- Reprieve: postponement of sentence/ stay of execution
- Parole: release from imprisonment but still in custody of law although not in
confinement
- Amnesty: act of grace, with concurrence of legislature, usually extended to
group of persons who committed political offenses, puts into oblivion the
offense itself
- Discretionary exercise by the President
- Cannot be controlled by Legislature or reversed by courts unless there is a
constitutional violation.
- Limitations:
1) Cannot be granted in cases of impeachment
2) Cannot be granted in cases of violation of election offenses w/o favorable
recommendation of COMELEC
3) Cannot be granted in cases of legislative contempt or civil contempt
4) Cannot absolve civil liability
5) Cannot restore public offices forfeited
- Exceptions: on consideration of justice and equity, entitled to reinstatement
(Sabello vs. DECS)
6) Only after conviction by final judgment
- Classification of Pardon:
1) Plenary or partial
2) Absolute or conditional
ConditionalpardonisinthenatureofacontractbetweentheChiefExecutive
and the convicted criminal.
Bythepardoneesconsenttothetermsstipulatedinthecontract,the
pardonee has placed himself under the supervision of the Chief Executive or
his delegate who is duty bound to see to it that the pardonee complied with
the conditions of the pardon
Presidentisauthorizedtoorderthearrestorreincarcerationofsucha
person, if he fails to comply with the conditions of his pardon.
SuchexerciseofPresidentialjudgmentisbeyondjudicialscrutiny.
- Amnesty
Standsbeforethelawpreciselyasthoughhehadcommittednooffense
Criminalliabilityistotallyextinguished
Toavailofthebenefit,mustadmittheguiltoftheoffencecoveredbythe
proclamation
AMNESTY
PARDON
Addressed to political offenses
Infractions of peace of the state
Classes of persons
Individual
No need for distinct acts of acceptance
Acceptance needed
Concurrence by Congress
Nope
Public act which courts may take judicial notice
Private act which must be pleaded and proved
Looks back and puts into oblivion the offense itself
Looks forward and relieves pardonee of the consequences of the offenses
Borrowing Power
- Contract or guarantee foreign loans on behalf of the Republic, with prior
concurrence of Monetary Board and subject to such limitations as may be
provided by law.
- MB, shall w/in 30 days from end of every quarter, submit to the Congress a
complete report of its decisions on applications for loans to be contracted or
guaranteed by the Government/GOCC which would have the effect of
increasing the foreign debt, and containing other matters as may be provided
by law.
Diplomatic Power
- No treaty or international agreement shall be valid and effective unless
concurred in by at least 2/3 of all members of the Senate.
- Treaties vs. International Agreements
Treaties
International Agreements
Formal documents require ratification
Become binding through executive action
International agreements which involve political issues or changes of national
policy
International agreements involving adjustments of details carrying out well
established national policies and traditions
Involving arrangements of permanent character
Involving arrangements of a more or less temporary nature
- It is immaterial whether US treats the VFA as merely an executive
agreement because, under international law, an executive agreement is just
as binding as a trearty.
Budgetary Power
- Submit to Congress within 30 days from opening of its regular session
- A budget of expenditures and sources of financing, including receipts from
existing and proposed revenue measures
- As basis of the general appropriations act
Informing Power
- Address Congress at the opening of its regular session
- May appear before it at any other time
X. JUDICIAL DEPARTMENT
Judicial Power
- Duty of the courts of justice to settle actual controversies involving rights
which are legally demandable and enforceable, and to determine whether or
not there has been grave abuse of discretion amounting to lack or excess of
jurisdiction on the part of any branch or instrumentality of the government.
- Political questions forbidden territory of courts
- Inherent power of Courts to amend and control its processed and orders so
as to make them comformable with law and justice.
- Right to reverse itself.
Where vested
- 1 SC
- Such lower courts as may be established by law
Jurisdiction
- Power to hear and decide a case
- Congress shall have the power to define, prescribe and apportion the
jurisdiction of various courts, but may not deprive SC of its jurisdiction over
cases enumerated in Section 5, Article VIII
- No law shall be passed increasing appellate jurisdiction of SC without its
advice and concurrence
Qualifications
- Proven competence, integrity, probity and independence +
- SC
1) Natural-born
2) At least 40
3) 15 years or more a judge of a lower court or engaged in the practice of law
in the Philippines
- Lower Collegiate Courts
1) Natural-born
2) Member of Philippine Bar
3) Congress may prescribe other qualifications
- Lower Courts
1) Citizen
2) Member of Philippine Bar
Powers of the SC
1) Original Jurisdiction
2) Appellate Jurisdiction
3) Temporary Assignment of judges of LCs to other stations as public interest
may require
4) Order change of venue or place of trial, to avoid miscarriage of justice
5) Rule-Making Power
6) Power of Appointment
7) Power of Administrative Supervision
8) Annual Report
Original Jurisdiction
1) Cases affecting ambassadors, public ministers and consuls
2) Petition for certiorari, prohibition, mandamus
3) Quo warranto
4) Habeas corpus
AppellateJurisdictionreview,revise,reverse,modify,oraffirmonappealor
certiorari as the ROC may provide final judgments and orders of lower courts
in:
1) All cases involving constitutionality/validity of any treaty, international or
executive agreements, law, PD, proclamation, order, instruction ordinance or
regulation is in question
2) All cases involving legality of any tax, impost, assessment or toll or any
penalty imposed in relation thereto
3) Jurisdiction of lower court is in issue
4) All criminal cases in which penalty imposed is RP or higher
5) All cases in which only an error or question of law is involved
- Does not include power of SC to review decisions of administrative bodies
- Penalty is RP, accused must appeal. Otherwise, judgment of conviction will
become final and executory
- If death, TC shall forward records for automatic review
- Question of Law: correct application of law or jurisprudence to a certain set
of facts; when the issue does not call for an examination of the probative
value of the evidence, the truth or falsehood of the facts being admitted.
Temporary Assignment of judges of LCs to other stations as public interest
may require
Order change of venue or place of trial, to avoid miscarriage of justice
Rule-Making Power
- Promulgate rules:
2) Protection and enforcement of constitutional rights
3) Pleadings
4) Practices
Annual Report
- Submit, within 30 days from opening of each regular session of Congress to
the President and to Congress an annual report on the operations and
activities of the Judiciary.
Consultations/Decisions of SC
1) Conclusions in any case submitted to it for decision shall be reached in
consultation before the case is assigned to a member for the writing of the
opinion of the Court. A certification to this effect signed by the CJ shall be
issued.
Tenure of Judges/Justices
- SC: Justices may be removed only by impeachment
SpecialProsecutorhasnoauthoritytoconductaninvestigationoncharges
against a member of the SC, in view of filing a criminal information. Because if
found guilty, he will be removed from office violation of his security of tenure.
- LC: Judges shall hold office during GOOD BEHAVIOR until they reach the
age of 70 or become INCAPACITATED to discharge the duties of their offices.
SCenbancshallhavethepowertodisciplinejudgesofLCs,orordertheir
dismissal by a vote of a majority of the members who took part in the
deliberations and voted
NOTE:onlycasesinvolvingdismissalofjudgesofLCsarerequiredtobe
decided by the Court en banc.
Firstclause:declarationofgrantofthediscipliningpowertoandthe
determination of the procedure in the exercise by the Court en banc
Groundsfortheremovalofajudicialofficershouldbeestablishedbeyond
reasonable doubt, particularly where the charges on which removal is sought
are misconduct in office, willful neglect, corruption, incompetence, etc.
Judgescannotbedisciplinedforeveryerroneousorderordecisionrendered
in the absence of a clear showing of ill motive, malice or bad faith.
Theabsenceofbadfaithormalicewillnottotallyexculpatethemfrom
charges of incompetence and ignorance of the law when they render
decisions that are totally bereft of factual and legal bases.
- No law shall be passed reorganizing the Judiciary when it undermines the
security of tenure of its members.
Salaries
- Fixed by law
- May not be decreased during their continuance in office
Periods of Decisions
- All cases filed after the effectivity of the Constitution must be decided and
resolved, from date of submission
24monthsSC
12monthslowercollegiatecourts
3monthsallotherlowercourts
- Unless in the 2 latter cases, the period is reduced by the SC
- Certification to be signed by the Chief Justice/Presiding Justice shall be
issued stating the reason for delay
Mustnotsacrificeforexpediencyssakethefundamentalrequirementsof
due process
sinperjuiciojudgmentwithoutastatementofthefactsinsupportofits
conclusions, to be later supplemented by the final judgment.
- Designed to prevent delay in the administration of justice.
- Failure to decide cases within the prescribed period is not excusable and
constitute gross inefficiency which is a ground for administrative sanction
against the defaulting judge.
- Judges who cannot comply with this mandate should ask for additional time,
explaining in their request the reasons for the delay.
- Despite expiration of the mandatory period, the court, without prejudice to
such responsibility as may have been incurred in consequence thereof, shall
decide or resolve the case or matter submitted to it without further delay.
- Court does not lose jurisdiction despite the lapse of the mandatory period.
XI. CONSTITUTIONAL COMMISSION
yeardoesnotappearinSection5,ArticleIXA.Congressisnotprohibited
from reducing the appropriations Constitutional Commissions below the
amount appropriated for them for the previous year.
5. promulgate its own procedural rules, provided they do not diminish,
increase or modify substantive rights (subject to disapproval by the SC)
6. appoint their own officials and employees in accordance with Civil Service
Law
7. Chairman and members removed only by impeachment
8. Chairman and members are given a fairly long term of 7 years
9. Chairman and members may not be reappointed or appointed in an acting
capacity
10. salaries of Chairman and members are relatively high and may not be
decreased during continuance in office
11. Chairman and members are subject to certain disqualification calculated
to strengthen their integrity
Inhibitions/Disqualifications
1. not hold any other office or employment, during tenure
2. not engage in the practice of any profession
3. not engage in the active management or control of any business which in
any way may be affected by the functions of his office
4. not be financially interested, directly or indirectly, in any contract or in any
franchise or privilege granted by the Government
Decisions
1. Each Commission shall decide by a majority vote of all its members any
case or matter brought before it w/in 60 days from the date of its submission
for decision or resolution.
- Majority vote of ALL members and not only of those who participated in the
deliberations and voted thereon.
- Retired prior to promulgation of decision votes should be considered
withdrawn, as if they had not signed the resolution; only the votes of the
remaining commissioners shall be counted.
- Treat the procedural requirements on deadlines realistically.
2. Aggrieved party may bring the decision to the SC on certiorari w/in 30 days
from receipt of copy
- When Court reviews a decision of the COMELEC, the Court exercises
Qualifications
1. Natural-born
2. at the time of the appointment at least 35 years old
3. proven capacity for public administration
4. not have been candidates for any elective position in the election
immediately preceding their appointment
Term
- Appointed by the President with the consent of the Commission on
Appointments
- Term of 7 years, without reappointment
- In no case shall any member be appointed or designated in temporary or
acting capacity.
Constitutional Objective/Function
1. central personnel agency of the Government
2. establish a career service
3. adopt measures to promote morale, efficiency, integrity, responsiveness,
progressiveness and courtesy in the civil service
4. strengthen merit and reward system
5. integrate all human resources development programs for all levels and
ranks
6. institutionalize a management climate conducive to public accountability
Security of Tenure
- Removed and suspended for case provided by law.
- Ground, procedure for investigation and the discipline of career service
officers and EEs Career Service Law; Non-compliance constitutes denial of
the right to security of tenure
- Presidential appointee direct disciplinary authority of the President
- Reassignment does not offend the constitutional guarantee
Reinstatementdeemednottohavelefthisoffice;entitledtopaymentof
back salaries, notwithstanding silence.
Payment of back wages during the period of suspension of a civil servant
who is subsequently reinstated is proper only if he is found innocent of the
charges and the suspension is unjustified.
BUT where the reinstatement is ordered not as a result of exoneration but
merely as an act of liberality, the claim for back wages was not allowed. It
follows the general rule that the public official is not entitled to compensation if
he has not rendered any service.
- Valid abolition of office does not violate the constitutional guarantee of
security of tenure.
- ROC, career service officer or employee who has been unlawfully ousted
from his office has 1 year within which to file an action in court to recover
office.
Exception: Cristobal vs. Melchot grounds of equity
AppellatejurisdictionoftheCSConlyoverMeritSystemProtectionBoards
decisions in administrative disciplinary cases involving the imposition of the
penalty of suspension, fine, demotion in rank or salary, transfer, removal,
dismissalfromofficenotoverMSPBdecisionexoneratingtheaccused.
Only by the party adversely affected (Not ER).
- He who, while occupying one office, accepts another incompatible with the
first, ipso facto vacates the first office and his title thereto is thereby
terminated without any other act of proceeding.
Canonizado vs. Aguirre: accepted another position while case questioning
the law that removed him from his first position was still pending.
PartisanPoliticalActivitynoofficeroremployeeinthecivilserviceshall
engage, directly or indirectly, in any electioneering or partisan political
campaign
Except to vote
Does not prevent expression of views regarding political problems or
mention the names of the public officers he supports
Applicable to military establishments only to those in the active military
service, not to reservists
Exemptions:
1. members of the Cabinet
2. public officers and employees holding political offices
The above 2 are allowed to take part in political and electoral activities,
except to solicit contributions from their subordinates or commit acts
prohibited under the Election Code.
Standardization of Compensation
Provided for by Congress (and also qualification required fir their positions)
Double Compensation
No elective or appointive public officer or employee shall receive additional,
Qualifications
1. Natural-born
2. at the time of the appointment at least 35 years old
3. holder of a college decree
4. not have been candidates in the immediately preceding election
5. majority, including the chairman, must be member of the Philippine Bar who
have been engaged in the practice of law for at least 10 years.
Term
- Appointed by the President with the consent of the Commission on
Appointments
- Term of 7 years, without reappointment
- In no case shall any member be appointed or designated in temporary or
acting capacity.
Exceptions:
1. error in tabulation results or tallying of results by the Board of Canvassers,
merely clerical in nature (petition for correction of manifest errors in the
Statement of Votes)
2. prosecution cases involving violation of election laws
The rule that all election cases shall be heard and decided in division
applies only when the COMELEC exercises its adjudicatory powers or quasijudicial functions, not when it exercises purely administrative functions.
5)AccreditCitizensArmandRegisterpoliticalparties,coalitionsor
organizations
After sufficient publication
Present platform/program of government
6) File petition in court for the inclusion/exclusion of voters, upon verified
complaint or in its own initiative; investigate and/or prosecute cases for
violations of election laws
7) Recommend to Congress effective measures to minimize election
spending, limitation of places where propaganda materials shall be posted
and to prevent and penalize all forms of election frauds, offenses, malpractice
and nuisance candidates
8) Submit to the President and Congress a comprehensive report on the
conduct of each election, plebiscite initiative, referendum or recall
Enforce and administer all laws and regulations relative to the conduct of an
election, plebiscite, initiative, referendum or recall
Initiative:powerofthepeopletoproposeamendmentstotheConstitutionor
to propose and enact legislation through an election called for the purpose.
Referendum:poweroftheelectoratetoapproveorrejectlegislationthrough
an election called for the purpose
Recall:terminationofofficialrelationshipofalocalelectiveofficialforlossof
confidence prior to the expiration of his term through the will of the electorate
Plebiscite:submissionofconstitutionalamendmentsorimportantlegislative
measures to the people for ratification.
1)Broadpowerspromulgaterulesandregulationsintheenforcementof
laws relative to elections
EnforcementofprovisionsoftheOmnibusElectionCodeexclusive
jurisdiction of the COMELEC
Includestheascertainmentoftheidentityofapoliticalpartyandits
legitimate officers
DoesnotauthorizetheCOMELEC,motuproprio,withouttheproper
proceedings, to deny due course to cancel a certificate of candidacy filed in
due form.
ElectionandcontestsinvolvingelectionofSangguniangKabataanelections
do NOT fall within jurisdiction of the COMELEC DILG
Authoritytoannulresultsofplebiscite(throughpreproclamationcaseof
revision of ballots)
2) Regulatory power over media of transportation, communication and
information
toensureequalopportunity,time,space,righttoreply,etc.
duringelectionperiod
exercisedonlyoverthemedia,notoverpractitionersofmedia
PermissiveCOMELECmaygiveduecourse,andthesubsequent
payment cures the procedural defect.
Election Period
Commence 90 days before the day of the election and shall end 30 days
thereafter
Exception: period fixed by COMELEC in special cases
Judicial Review of COMELEC Decisions
Petition for certiorari (R65)
Filed with SC
w/in 30 days from receipt of decision of COMELEC en banc
COMMISSION ON AUDIT
Composition
- Chairman
- 2 Commissioners
Qualifications
1. Natural-born
2. at least 35 years old
3. CPAs with not less than 10 years of auditing experience OR members of
the Philippine Bar with at least 10 years practice of law
4. not have been candidates in the election immediately preceding the
appointment
5. no time shall ALL members belong to the same profession
Term
- Appointed by the President with the consent of the Commission on
Appointments
- Term of 7 years, without reappointment
Powers and Duties
1. Examine, audit and settle all accounts pertaining to the revenue and
receipts of, and expenditures or uses of funds and property owned or held in
trust or pertaining to the Government
2. Keep the general accounts of Government and preserve vouchers and
supporting papers for such period as provided by law
3. authority to define the scope of its audit and examination, establish
techniques and methods required therefore
4. Promulgate accounting and auditing rules and regulations, including those
for the prevention and disallowance of irregular, unnecessary, expensive,
extravagant or unconscionable expenditures or uses of government funds or
property
Examine, audit and settle all accounts pertaining to the revenue and receipts
of, and expenditures or uses of funds and property owned or held in trust or
pertaining to the Government
Post-audit basis
1. Constitutional Commissions and bodies/offices granted fiscal autonomy
2. autonomous state colleges and universities
3.GOCCsandsubsidiarieswithorwithoutoriginalcharter
4. Non-governmental entities receiving subsidy or equity
Temporary or special pre-audit
Duty to pass in audit a salary voucher is discretionary
Exception:authorityofAuditorGeneralislimitedtoauditing(whether1)
there is a law appropriating funds for a given purpose, 2) goods or services
have been delivered, 3) payment has been authorized) presence of all, duty
to pass a voucher in audit becomes MINISTERIAL.
COA may validly veto appropriations which violated rules on unnecessary,
irregular or unconscionable expenses, under 1987 Constitution.
Keep the general accounts of Government and preserve vouchers and
supporting papers for such period as provided by law
Authority to define the scope of its audit and examination, establish
techniques and methods required therefore
EXCLUSIVE
2. Power to define the scope of its audit
3. Promulgate auditing rules and regulations
4. Power to disallow unnecessary expenditures
NOT Exclusive power to examine and audit
Promulgate accounting and auditing rules and regulations, including those for
the prevention and disallowance of irregular, unnecessary, expensive,
extravagant or unconscionable expenditures or uses of government funds or
property
COA may stop the payment of the price stipulated in the government
contracts when found to be irregular, extravagant or unconscionable.
May prohibit the use of government vehicle by officials who are provided
Statement of Policy
Publicofficeisapublictrust.
Publicofficersandemployeesmustatalltimesbeaccountabletothe
people,
Servethemwithutmostresponsibility,integrity,loyaltyandefficiency,
Actwithpatriotismandjustice
Andleadmodestlives.
Impeachment
Nationalinquestintotheconductofpublicmen
ImpeachableOfficers
1. President
2. Vice President
3. Chief Justice
4. Associate Justices of SC
5. Chairmen and Members of ConCom
6. Ombudsman
* enumeration is exclusive
ImpeachableofficerwhoisamemberofthePhilippineBarcannotbe
disbarred without first being impeached.
Grounds:
1. Culpable violation of the constitution
2. treason
3. bribery
4. graft and corruption
5. other high crimes
6. betrayal of public trust
* enumeration is exclusive
ProcedureforImpeachmentCongressshallpromulgateitsrules
1. Initiating Impeachment Case
HouseofRepresentativeshallhavetheexclusivepowertoinitiateallcases
of impeachment.
Deemedinitiatedwhenthecomplaint(withaccompanyingresolutionof
indorsement) has been filed with the House of Representatives and referred
to the appropriate Committee.
Initiatedby
1. any Member of the House of Representatives OR
2. by any citizen upon a resolution of endorsement by any Member
Includedintheorderofbusinessw/in10sessiondaysandreferredtothe
proper Committee w/in 3 session days.
Iftheverifiedcomplaintisfiledbyatleast1/3ofallthemembersofthe
House, the same shall constitute the Articles of Impeachment and the trial by
Senate shall forthwith proceed (no need to refer the same to the proper
Committee)
TheCommittee,afterhearing,andbyamajorityvoteofallitsmembers,
shall submit its report to the House w/in 60 session days
Avoteofatleast1/3ofallthemembersoftheHouseshallbenecessaryto
affirm a favorable resolution with the Articles of Impeachment of the
Committee, or override its contrary resolution.
Thevoteofeachmembershallberecorded.
2. Limitations on initiating Impeachment Case
Notmorethanoncewithinaperiodof1yearagainstthesameofficial.
3. Trial and Decision
TheSenateshallhavethesolepowertotryanddecideallcasesof
impeachment.
TheSenatorsshallbeonoathoraffirmation.
Presidentisontrial,theChiefJusticeoftheSCshallpreside,butshallnot
vote.
Adecisionofconvictionmustbeconcurredinbyatleast2/3ofallmembers
of the Senate.
4. Effect of Conviction
Removalfromofficeanddisqualificationtoholdoffice.
Partyconvictedshallbeliableandsubjecttoprosecution,trialand
punishment according to law.
THE SANDIGANBAYAN
Antigraftcourt
Composition
1PresidingJustice
8AssociateJustices
WiththerankoftheJusticeoftheCA
Sitsin3divisionsof3memberseach
Jurisdiction
Followingmustconcur:
1. violation of RA 3019, RA 1379, Chapter 2 Section 2 Title 7 Book II of RPC,
Eos 1, 2, 14 and 14-A or other offenses of felonies whether simple or
complexed with other crimes;
2. offender is public official or employees holding any of the positions
enumerated in par a Sec 4 RA 8249; and
3. offenses committed in relation to the office
OnlyinstancewhenSandiganbayanmayexercisejurisdictionoveraprivate
individual is when the complaint charges him either as a co-principal,
accomplice or accessory of a public officer who has been charged with a
crime within the jurisdiction of the Sandiganbayan.
WhetherornottheSandiganbayanortheRTChasjurisdictionshallbe
determined by the allegations in the information specifically on whether or not
the acts complained of were committed in relation to the official functions of
the accused.
Requiredthatthechargebesetforthwithparticularityaswillreasonable
indicate that the exact offense which the accused is alleged to have
committed is one in relation to his office.
RamificationofSection7,RA8249
1. if the trial of the cases pending before whatever court has already begun as
of the approval of RA 8249, the law does not apply;
2. if trial of cases pending before whatever court has not begun as of the
approval of RA 8249, then the law applies and the rules are:
a. if SB has jurisdiction over a case pending before it, then it retains
jurisdiction
b. if SB has no jurisdiction over a case pending before it, case shall be
referred to the regular courts
c. if SB has jurisdiction over a case pending before a regular court, the latter
loses jurisdiction and the same shall be referred to the Sandiganbayan
d. if a regular court has jurisdiction over a case pending before it, then said
court retains jurisdiction
Decision/Review
Unanimousvoteofall3membersrequiredforthepronouncementof
judgment by a division.
DecisionsoftheSandiganbayanshallbereviewablebytheSConpetition
for certiorari
MandatoryfortheSandiganbayantosuspendanypublicofficeragainst
whom a valid information charging violation of that law, or any offense
involving fraud upon the government or public funds or property is filed. (RA
3019)
TheappellatejurisdictionoftheSCoverdecisionsandfinalordersofthe
Sandiganbayan is limited to questions of law.
THE OMBUDSMAN
Tanodbayan
Composition
OneoverallDeputy
AtleastonedeputyforLuzon,VisayasandMindanao
Separatedeputyforthemilitaryestablishmentmaylikewisebeappointed
Qualifications
1) Natural-born
2) At least 40 years of age
3) Recognized probity and independence
4) Members of the Philippines Bar
5) Must not have been candidates for any elective office in the immediately
preceding election
6) Ombudsman must have been a judge or engaged in the practice of law for
10 years or more
Disqualifications/InhibitionsDuringtheirtenureshall:
1) Not hold any other office or employment
2) Not engage in the practice of any profession or in the active management
or control of any business which may in any way be affected by the functions
of his office
3) Not be financially interested, directly or indirectly, in any contract with, or in
any franchise or privilege granted by the Government
4) Not be qualified to run for any office in the election immediately succeeding
their cessation from office
Powers and Duties
jurisdictionoftheOmbudsmanovergovernmentownedorcontrolled
corporations, 3 Requisites:
1) agency organized as a stock or non-stock corporation
2) vested with functions relating to public needs, whether government or
proprietary
action of the Sandiganbayan must not impair the substantial rights of the
accused and the right of the people t due process of law.
RA1405(LawonSecrecyofBankDeposit)beforeanincamera
inspection of bank accounts may be allowed:
1) there must be a pending case before a court of competent jurisdiction
2) account must be clearly identified
3) inspection limited to the subject matter of the pending case before the court
4) bank personnel and account holder must be notified to be present during
the inspection
5) inspection may cover only the account identified in the pending case
investigationbeingdonebytheOmbudsmanisNOTonebeforeacourtof
competent jurisdiction
Ombudsmanhasnoauthoritytodirectlydismissapublicofficerfrom
government service
Can only recommend to the officer concerned the removal of a public officer
or employee found to be administratively liable
HOWEVER the refusal, without just cause, of any officer to comply with
such an order of the Ombudsman to penalize an erring officer or employee is
a ground for disciplinary action.
SpecialProsecutor
Existing Tanodbayan (at the time of the adoption of the 1987 Constitution)
shall be known as the Special Prosecutor.
It shall continue to function and exercise its powers as now or hereafter
provided by law, except those conferred to the Office of the Ombudsman.
Ill-gotten Wealth
Right of the State to recover properties unlawfully acquired by public
officials or employees, from them or from their nominees or transferees, shall
not be barred by prescription, laches or estoppel.
Applies only to civil actions for recovery of ill-gotten wealth and not to
criminal cases.
Restriction on Loans
No loan, guaranty or other form of financial accommodation for any
business purpose may be granted directly or indirectly by any government
owned or controlled bank or financial institution to (during their tenure):
2) President
3) VP
4) Members of the Cabinet
5) Congress
6) SC
7) ConCom
8) Ombudsman
9) Any firm or entity in which they have controlling interest
Statement of Assets, Liabilities and Net Worth
Goals
1. equitable distribution of opportunities, income and wealth
2. sustained increase in amount of goods and services, produced by the
nation for the benefit of the people
3. expanding productions as the key to raising the quality of life
Natural Resources
All lands of public domain, waters, mineral, coal, petroleum and other
mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife,
flora and fauna and other natural resources are owned by the State.
With the exception of agricultural lands, all other natural resources shall not
be alienated.
Regalian Doctrine: all agricultural, timber and mineral lands are subject to
the dominion of the State.
Beforeanylandmaybeclassifiedfromtheforestgroupandconvertedinto
alienable or disposable land from agricultural or other purposes, there must
be positive act from the Government.
Absenceofproofthatpropertyisprivatelyowned,thepresumptionisthatit
belongs to the State.
Anypossession,nomatterhowlengthy,cannotripenintoownership.Andall
lands not otherwise appearing to be clearly within private ownership are
presumed to belong to the State.
Tasks of administering and disposing lands of public domain belongs to the
Director of Lands and ultimately the Secretary of DENR.
The classification of public lands is an exclusive prerogative of the
Executive Department through the Office of the President. In the absence of
classification, the land remains unclassified public land until released and
rendered open for disposition.
Forest land is not capable of private appropriation and occupation in the
absence of a positive act of the Government declassifying it into alienable and
disposable.
Imperium: government authority possessed by the State, embraced in
sovereignty and its capacity to own and acquire property.
Dominium: lands held by the State in its proprietary character. It may provide
for the exploitation and use of lands and other natural resources, including
their disposition, except as limited by the Constitution.
Citizenship Requirements
1. Co-production, joint venture or production sharing agreements for
exploration, development and utilization of natural resources
Filipinocitizens
Corporationsatleast60%ofwhosecapitalisFilipinoowned
Agreementsshallnotexceed25years,renewableforanother25
2.Useandenjoymentofthenationsmarinewealth
ExclusivelytoFilipinocitizens
Protecttherightsofsubsistencefishermen,especiallyoflocalcommunities
to the preferential use of the communal marine and fishing resources, both
inland and offshore.
MarginalFishermanindividualengagedinfishingwhosemarginofreturn
or reward from his harvest of fish, as measured by existing price levels, is
barely sufficient to yield a profit or cover the cost of gathering the fish.
SubsistenceFishermencatchyieldsbuttheirreducibleminimumforhis
livelihood.
LGCdefinedmarginalfarmerorfishermanengagedinthesubsistence
farming or fishing which shall be limited to the sale, barter or exchange of
agricultural or marine products.
Preferentialrightgrantedtothemisnotabsolute.
3. Alienable lands of public domain
Filipinocitizensmayacquirenotmorethan12hectaresbypurchase,
homestead or grant OR lease more than 500 hectares
Privatecorporationmayleasenotmorethan1,000hectaresfor25years,
renewable for another 25 years
4. Certain areas of investment (as Congress shall provide when national
interest so dictates)
Filipinocitizens
Corporationsatleast60%ofwhosecapitalisFilipinoowned
CongressmayprescribehigherpercentageofFilipinoownership
FilipinoFirstPolicy
o positive command which is complete in itself
o needs no further guidelines or implementing rules or laws for its operation
o per se enforceable
o Filipinos should be preferred and when the Constitution declares that a right
exists in certain specified circumstances, an action may be maintained to
enforce this right.
5. Franchise, certificate or authorization for the operation of a public utility
CitizensofthePhilippines
Corporationsatleast60%ofwhosecapitalisFilipinoowned
Franchise,certificateorauthorizationshallnotbeexclusivenorforaperiod
for more than 50 years, and shall be subject to amendment, alteration or
repeal by Congress. All executive and managing officers must be Filipino
citizens.
Nofranchiseecandemandoracquireexclusivityintheoperationofapublic
utility.
Congressdoesnothavetheexclusivepowertoissuesuchauthorization
also administrative bodies.
Franchisefortheoperationofpublicutilitydoesnotrequireafranchise
before one can own the facilities needed to operate a utility, so long as it does
not operate them to serve the public.
Publicutility:businessorserviceengagedinregularlysupplyingthepublic
with some commodity or service of public consequence. Implies public use
and service.
Allbroadcasting,whetherradioortelevision,islicensedbytheGovernment.
They do not own the airwaves and frequencies and they are merely given he
temporary privilege.
Afranchiseisaprivilegesubjecttoamendment.
Jointventurefallswithinthepurviewofassociation;ifitwishestoengagein
the business of operating a public utility, must comply with the 60-40%
Filipino-foreign capitalization requirement.
Classification of Lands of Public Domain
Landsofpublicdomainareclassifiedinto:
1. agricultural
2. forest or timber
3. mineral lands
4. national parks
Agriculturallandsmayfurtherbeclassifiedbylawaccordingtotheusesto
which they may be devoted.
Congressshalldeterminebylawthesizeofthelandsofthepublicdomain
which may be acquired, developed, held or leased and conditions therefore.
Theclassificationofpubliclandsisafunctionoftheexecutivebranchofthe
GovernmentDirectoroftheLandManagementBureau.
ThedecisionoftheDirector,whenapprovedbytheSecretaryofthe
Department of Environment and Natural Resources as to questions of fact is
conclusive upon the courts.
Alienablelandsofthepublicdomainshallbelimitedtoagriculturallands.
Forest land cannot be owned by private persons.
It is not registrable and possession thereof, no matter how lengthy, cannot
convert it into private land, unless the land is reclassified and considered
disposable and alienable.
Foreshore land is that part of the land which is between the high and low
water, and left dry by the flux and reflux of the tides. It is part of the alienable
and of the public domain and may be disposed of only by leased and not
otherwise.
Privatecorporationsorassociationsmaynotholdsuchalienablelandsofthe
public domain except by lease.
It would cease to be public land only upon the issuance of the certificate of
title to any Filipino citizen qualified to acquire the same.
1973 Constitution cannot impair vested rights. Where the land was acquired
in 1962 when corporations were allowed to acquire lands not exceeding 1,024
hectares, the same may be registered in 1982.
The 1987 Constitution prohibits private corporations from acquiring
alienable lands of the public domain.
Congressshalldeterminethespecificlimitofforestlandandnationalparks,
marking clearly their boundaries on the ground.
TheStateshallprotecttherightsofindigenousculturalcommunitiestotheir
ancestral lands to ensure their economic, social and cultural well being.
The Stewardship Concept
The use of property bears a social function, and all economic agents shall
contribute to the common good, individuals and private groups, including
corporations, cooperatives and similar collective organizations, shall have the
right to own, establish and operate economic enterprises, subject to the duty
of the State to promote distributive justice and to intervene when the common
good so demands.
TheStateshallapplytheprinciplesofagrarianreformorstewardship,
whenever applicable, in the disposition or utilization of other natural
resources.
Includinglandsofthepublicdomainunderleaseorconcessionsuitableto
agriculture, subject to prior rights, homestead rights of small settlers, and the
rights of indigenous communities to their ancestral lands.
TheStatemayresettlelandlessfarmersandfarmworkersinitsown
agricultural estates which shall be distributed to them in the manner provided
by law.
Private Lands
- Private lands shall be transferred or conveyed to individuals, corporations or
associations qualified to acquire or hold lands of the public domain.
- Exception: in cases of hereditary succession
- Any sale or transfer in violation of the prohibition is null and void.
- Being an alien, disqualified from acquiring and owning real property.
Neithercanpetitionerrecoverthemoneyhehadspentforthepurchase.
Equity,asarule,willfollowthelaw,andwillnotpermittobedoneindirectly
that which, because of public policy, cannot be done directly.
- Action to recover the property sold filed by the former owner will lie, the pari
delicto ruling having been abandoned.
- The lease for 99 years with a 50-year option to purchase the property if and
when Wong Heng would be naturalized is a virtual surrender of all rights
incident to ownership and therefore invalid. (PNB vs. Lui She)
- Land tenure is not indispensable to the free exercise of religious profession
and worship.
Areligiouscorporation,controlledbynonFilipinos,cannotacquireandown
lands even for a religious use or purpose.
Forareligiouscorporationsoletoacquirelands,itmustappearthatatleast
60% of the faithful or its members are citizens of the Philippines in order to
comply with the citizenship requirement.
Thisissoregardlessofthecitizenshipoftheincumbentinasmuchasa
corporation sole is merely an administrator of the temporalities or properties
titled in its name and for the benefit of its members.
LandsoldtoanalienwhichwaslatertransferredtoaFilipinocitizenor
where the alien later becomes a Filipino citizen can no longer be recovered by
the vendor because ether is no longer any public policy involved.
- Exceptions to the Rule:
1. Hereditary Succession
Exception:testamentarydisposition
2. A natural born citizen of the Philippines who has lost his Philippine
citizenship may be a transferee of private lands
Filipinocitizenmayacquire5,000squaremetersofurbanland
Filipinocitizenmayacquire3,000hectaresofruralland
Maybeusedforresidence,businessandforotherpurposes.
3. Americans hold valid title to private lands as against private persons
Titlestoprivatelandsacquiredbysuchpersonsbeforesuchdate(July3,
1974)shallbevalidasagainstprivatepersonsonly)TransitoryProvisionof
the 1973 Constitution.
PreviousownermaynolongerrecoverlandfromanAmericanbuyerwho
succeeded in obtaining title over the land.
OnlytheStatehasthesuperiorrighttothelandthroughtheinstitutionof
escheat proceeding (as a consequence of the violation of the Constitution) or
through an action for reversion (as expressly authorized under the Public
Land Act with respect to lands which formerly formed part of the public
domain).
Cooperatives
- Congress shall create an agency to promote the viability and growth of
cooperatives as instruments for social justice and economic development.
- RA 6939: An Act Creating the Cooperative Development Authority
- CDA is devoid of any quasi-judicial authority to adjudicate intra-cooperative
disputes and, more particularly, disputes related to the election of officers and
directors of cooperatives.
- CDA may conduct hearings and inquiries in the exercise of its administrative
functions.
Monopolies
- Policy: the State shall regulate or prohibit monopolies when the public
interest so requires. No combinations in restraint of trade or unfair competition
shall be allowed.
Monopolyaprivilegeorpeculiaradvantagevestedinoneormorepersons
or companies, consisting in the exclusive right to carry on a particular
business or trade, manufacture a particular article, or control the sale of a
particular commodity.
- Monopolies are not per se prohibited by the Constitution but may be
permitted to exist to aid the government in carrying on an enterprise or to aid
in the performance of various services and functions in the interest of the
public.
- Subjected to a higher level of State regulation.
- Desirability of competition is the reason for the prohibition against restraint of
trade.
- The reason for the interdiction of unfair competition and the reason for the
prohibition of unmitigated monopolies.
- A market controlled by one player (monopoly) or dominated by a handful of
players (oligopoly) is hardly the market where honest-to-goodness
competition will prevail.
- Constitution enshrined free enterprise as a policy, it nevertheless reserves to
the Government the power to intervene whenever necessary for the
promotion of the general welfare.
Central Monetary Authority
- Congress shall establish an independent central monetary authority, the
members of whose governing board must be:
2. natural-born
3. known probity, integrity and patriotism
4. majority of whom shall come from the private sector
- The authority shall:
1. provide policy direction in the areas of money banking and credit
2. have supervision over the operations of banks
3. exercise such regulatory powers as may be provided by law over the
operations of finance companies and other institutions performing similar
functions
- Until Congress otherwise provides, the Central Bank shall function as the
central monetary authority.
XV. SOCIAL JUSTICE AND HUMAN RIGHTS
Policy Statement
- Congress shall give highest priority to the enactment of measures that
protect and enhance the right of all the people to human dignity
reduce social, economic, and political inequalities
and remove cultural inequities by equitably diffusing wealth and political
power for the common good.
- To this end, the State shall regulate the acquisition, ownership, use and
disposition of property and its increment.
- The promotion of social justice shall include the commitment to create
economic opportunities based on freedom of initiative and self-reliance.
- Pursuit to social justice cannot justify breaking the law.
TheStatessolitudeforthedestituteandthehavenotsdoesnotmeanit
should tolerate usurpation of property, public or private.
Labor
- The State shall afford full protection to labor, local and overseas, organized
and unorganized, and promote full employment and equality of employment
opportunities for all.
- It shall guarantee the rights of all workers to:
1. self-organization
2. collective bargaining and negotiations
3. peaceful concerted activities, including the right to strike in accordance with
law
- They shall be entitled to:
1. security of tenure
2. humane conditions of work
3. living wage
- They shall also participate in policy and decision-making processes affecting
their rights and benefits as may be provided by law.
- The State shall promote the principle of shared responsibility between the
workers and employers and the preferential use of voluntary modes in settling
disputes, including conciliation and shall enforce their mutual compliance to
foster industrial peace.
- The State shall regulate the relations between workers and employers,
recognizing the
1. right of labor to its just share in the fruits of production and
2. the right of enterprises to reasonable returns on investments and to
expansion and growth.
- Employees in the civil service may not resort to strikes, walkouts and other
temporary work stoppages to pressure the Government to accede to their
demands.
- The ability to strike is not essential to the right to association and the right to
sovereign to prohibit strikes or work stoppages was clearly recognized at
common law.
Agrarian and Natural Resources Reform
- Constitutionality of the Comprehensive Agrarian Reform Law.
State Policy
priority to education, science and technology, arts, culture and sports to
fosterpatriotismandnationalism
acceleratesocialprogressand
promotetotalhumanliberationanddevelopment
protect and promote the right of all citizens to quality education at all levels
and shall take appropriate steps to make such education accessible to all.
Educational Institution
- Ownership
Solely by Filipino citizens or
Corporations 60% Filipino-owned
Exception: those established by religious groups or mission boards, but
Congress may increase required Filipino equity participation.
- Control and Administration
Vested in Filipino citizen..
- Alien Schools
No educational institution shall be established exclusively for aliens, and no
group of aliens shall compromise more than 1/3 of the enrolment in any
school.
Exception: schools for foreign diplomatic personnel and their dependents
and for other foreign temporary residents.
- Tax Exemptions
all revenues and assets
all grants, endowments, donations and contributions
of non-stock, non-profit educational institution
used directly, actually and exclusively for educational purposes
Academic Freedom
enjoyed in all institutions of higher learning
colleges, publicly or privately-owned
Two Views:
1. from the standpoint if the educational institution
determine:
1. who may teach
2. what may be taught
3. how it shall be taught
4. who may be admitted to study
Freedom to determine whom to admit includes the right to determine whom
to exclude or expel, as well as to impose lesser sanctions such as
suspension.
Right to freely choose their field of study subject to existing curricula, and to
continue their course therein up to graduation, such right is subject to
established academic and disciplinary standards laid down by the academic
institution.
2. from the standpoint of the members of the academe
freedom of the teacher or research worker in higher institutions of learning
to investigate and discuss the problems of his science and to express
conclusions, whether through publication or in the instruction of students,
without interference from political or ecclesiastical authority, or from the
administrative officials of the institution in which he is employed, unless the
methods are found to be incompetent or contrary to professional ethics.
Widest latitude to innovate and experiment on the method of teaching which
is most fitting to his students, subject only to the rules and policies of the
University.
Limitations
1. dominant police power of the State
2. social interests of the community
TerminationofContracttheoryinAlcauzcannolongerbeusedasavalid
ground to deny readmission or re-enrollment to students who had led or
participated in student mass actions against the school. The students do not
shed their constitutionally-protected rights of free expression at the school
games.
The only valid grounds to deny readmission of students are:
1. academic deficiency and
2.breachoftheschoolsreasonablerulesofconduct
Minimum standards of procedural due process must be satisfied:
1. student must be informed in writing of the nature and cause of the
accusation against them
2. right to answer the charges against them, with the assistance of counsel, if
desired
3. informed of the evidence against them
4. right to adduce evidence in their own behalf
5. evidence must be duly considered by the investigating committee or official
designated by the school authorities to hear and decide the case.
It is within the sound discretion of the university to determine whether a
student may be conferred graduation honors, considering that the student had
incurred a failing grade in an earlier course she took in school.
Profession Regulation Commission cannot interfere with the conduct of
review that review schools and centers believe would best enable their
enrollees to meet the standards required before becoming full-pledged public
accountants.
Prerogative of the school to provide standards for its teachers and to
determine whether or not these standards have been met is in accordance
with academic freedom and constitutional autonomy which give educational
institutions the right to choose who should teach.
Academic freedom was never meant to be unbridled license; it is a privilege
which assumes the correlative duty to exercise it responsibly.
Conferment of an honor or distinction was obtained through fraud, the
University has the right to revoke or withdraw the honor or distinction
conferred. The right does not terminate upon the graduation of the student.
Language
National language Filipino
Purpose of communication and instruction Filipino, and until otherwise
provided by law, English
Regional languages auxiliary official languages in the regions and shall
serve as ancillary media of instruction
Spanish and Arabic promoted on voluntary and optional basis
Constitution shall be promulgated in Filipino and English and shall be
translated into major regional languages, Arabic and Spanish.
XVII. THE FAMILY
Flag
Red, white and blue
A sun and 3 stars
As consecrated and honored by the people and recognized by law.
Name
Congress may, by law, adopt:
anewnameforthecountry
anationalanthemor
anationalseal
which shall be truly reflective and symbolic of the ideals, history, and
traditions of the people.
Law shall take effect only upon its ratification by the people in a national
referendum.
Armed Forces of the Philippines
Composed of a citizen armed force
Which shall undergo military training
And serve, as may be provided by law.
All members of the armed forces shall take an oath or affirmation to uphold
and defend the Constitution
Professionalism and Adequate Remuneration shall be a prime concern of
the State.
Insulated from partisan politics.
No member of the military shall engage directly or indirectly in any partisan
political activity except to vote.
No member of the armed forces in the active service shall, at any time, be
appointed or designated in any capacity to any civilian position.
Laws on retirement of military officers shall not allow extension of their
service.
The officers and men of the regular force of the armed forces shall be
recruited proportionately from all provinces and cities as far as practicable.
Elections
- First elections of members of Congress 2nd Monday of May 1987
- First local elections to be determined by President
- Synchronization of elections:
MembersofCongressandthelocalofficialsfirstelectedshallserveuntil
noon of June 30, 1992.
6yeartermoftheincumbentPresidentandVicePresidentelectedin
February 7, 1986 elections is extended until noon of June 30, 1992.
ElectionsforPresidentandVicePresident,Senators,MembersoftheHouse
of Representatives and local office must be synchronized in 1992.
Existing Laws and Treaties
- All existing laws, decrees, Eos, proclamations, letters of instructions, and
other executive issuances not inconsistent with the Constitution shall remain
operative until amended, repealed or revoked.
- All existing treaties or international agreements which have not been ratified
shall not be renewed or extended without the concurrence of at least 2/3 of all
the members of the Senate.
Reserved Executive Powers
- Until a law is passed, the President may fill by appointment from a list of
nominees by the respective sectors, the seats reserved for sectoral
representative.
- Until otherwise provided by Congress, the President may constitute the
Metropolitan Authority to be composed of the heads of all local government
units compromising the Metropolitan Manila Authority.
Sequestration
- Authority to issue sequestration or freeze order relative to the recovery of illgotten wealth shall remain operative for not more than 18 months after the
ratification of this Constitution. Congress may extend such period.
- Sequestration or freeze orders shall be issued upon showing of a prima facie
case.