ARTICLE I THE NATIONAL TERRITORY

Definition of all other territories over which the Philippines has sovereignty or
jurisdiction

The national territory of the Philippines comprises:

1.
2.
3.

The Philippine archipelago

With all the islands and waters embraced therein
And all other territories over which the Philippines has sovereignty or
jurisdiction
4.
Consisting of its
1.
Terrestrial
2.
Fluvial; and
CODE: TFA
3.
Aerial domains
5.
Including its
1.
Territorial sea
2.
The seabed
3.
The subsoil
CODE:
TSSIO
4.
The insular shelves; and
5.
The other submarine areas
6.
The waters
1.
Around
2.
Between and
3.
Connecting
4.
The islands of the archipelago
CODE: ABCI

It includes any territory that presently belongs or might in the future belong to the
Philippines through any of the internationally accepted modes of acquiring territory.
Archipelagic principle
Two elements:
1.
2.

The definition of internal waters (as provided above);

The straight baseline method of delineating the territorial sea consists of
drawing straight lines connecting appropriate points on the coast without
departing to any appreciable extent from the general direction of the coast.

Important distances with respect to the waters around the Philippines

1. Territorial sea

12 nautical miles (n.m.)

2. Contiguous zone

12 n.m. from the edge of the territorial sea

3. Exclusive economic zone

200 n.m. from the baseline [includes (1)

and (2)]

Regardless of their breadth and dimensions

ARTICLE II DECLARATION OF PRINCIPLES AND STATE POLICIES

Form part of the INTERNAL WATERS of the Philippines

Selected principles

Definition of Archipelago
An archipelago is a body of water studded with islands. The Philippine archipelago
is that body of water studded with islands which is delineated in the Treaty of Paris
(1898), as amended by the Treaty of Washington (1900) and the Treaty of Great
Britain (1930).

Sec 1. The Philippines is a democratic and republican State. Sovereignty

resides in the people and all government authority emanates from them.
Elements of a State (for municipal law purposes)

4.
5.
CODE: PTSG

which are necessary to enable men to live in a social state

or which are imposed upon the people forming that society by those who
possess the power or authority of prescribing them.

Classification of governments
1.
2.
3.
4.

A community of persons, more or less numerous (PEOPLE)

Permanently occupying a definite portion of territory (TERRITORY)
Independent of external control (SOVEREIGNTY)
Possessing an organized government to which the great body of
inhabitants render habitual obedience (GOVERNMENT)

Definition of People
1.
2.
3.
4.

Definition of Sovereignty
LEGAL sovereignty
1.
The supreme power to make law.
2.
It is lodged in the people.
POLITICAL sovereignty
1.
The sum total of all the influences in a state,
2.
Legal and non-legal,
3.
Which determine the course of law.
According to the Principle of AUTO-LIMITATION:
Sovereignty is the property of the state-force due to which it has the exclusive

Definition of Government
1.
2.
3.

That institution or aggregate of institutions

by which an independent society
makes and carries out those rules of action

one established by the authority of the legitimate sovereign

2. De facto

one established in defiance of the legitimate sovereign

CODE: CNCH

A Community of persons;
Sufficient in Number;
Capable of maintaining the continued existence of the community; and
Held together by a common bond of law.

capacity of legal self-determination and self-restriction.

1. De jure

Classification of de facto governments

De facto proper
1.
That government that gets possession and control of
2.
or usurps by force or by the voice of majority
3.
the rightful legal government
4.
and maintains itself against the will of the latter.
Government of paramount force
1.
That which is established and maintained by military forces
2.
who invade and occupy a territory of the enemy
3.
in the course of war.
That established as an independent government by the inhabitants of a
country who rise in insurrectionagainst the parent state.
Definition of Republican State
It is one wherein all government authority emanates from the people and is
exercised by representatives chosen by the people.
Definition of Democratic State
This merely emphasizes that the Philippines has some aspects of direct
democracy such as initiative and referendum.

Sec. 2. The Philippines renounces war as an instrument of national policy,

adopts the generally accepted principles of international law as part of the
law of the land and adheres to the policy of peace, equality, justice, freedom,
cooperation, and amity with all nations.

Civilian authority/supremacy clause (1st sentence)

1.

Civilian authority simply means the supremacy of the law because

authority, under our constitutional system, can only come from law.
2.
Under this clause, the soldier renounces political ambition.

Kind of war renounced by the Philippines

The Philippines only renounces AGGRESSIVE war as an instrument of national

Mark of sovereignty (2nd and 3rd sentences)

policy. It does not renounce defensive war.

1.
Some generally accepted principles of international law recognized by the
Court:

Right of an alien to be released on bail while awaiting deportation when his

failure to leave the country is due to the fact that no country will accept him
(Mejoff v. Director of Prisons, 90 Phil. 70)
2.
The right of a country to establish military commissions to try war criminals
(Kuroda v. Jalondoni, 83 Phil. 171)
3.
The Vienna Convention on Road Signs and Signals (Agustin v. Edu, 88
SCRA 195)
4.

Positively, this clause singles out the military as the guardian of the people
and of the integrity of the national territory and therefore ultimately of the
majesty of the law.
2.
Negatively, it is an expression of disapproval of military abuses.

1.

Amity with all nations

Sec 4. The prime duty of the Government is to serve and protect the people.
The Government may call upon the people to defend the State and, in the
fulfillment thereof, all citizens may be required, under conditions provided by
law, to render personal, military, or civil service.

Sec. 5. The maintenance of peace and order, the protection of life, liberty
and property, and the promotion of the general welfare are essential for the

This does not mean automatic diplomatic recognition of all nations. Diplomatic

enjoyment by all the people of the blessings of democracy.

recognition remains a matter of executive discretion.

Sec 3. Civilian authority is, at all times, supreme over the military. The
Armed Forces of the Philippines is the protector of the people and the State.
Its goal is to secure the sovereignty of the State and the integrity of the
national territory.

Sec. 6. The separation of Church and State shall be inviolable.

Selected state policies

Sec. 7. The State shall pursue an independent foreign policy. In its relations

3.

with other states, the paramount consideration shall be national sovereignty,

territorial integrity, national interest, and the right to self-determination.

Under this provision, the Roe v. Wade doctrine allowing abortion up to the
6th month of pregnancy cannot be adopted in the Philippines because the
life of the unborn is protected from the time of conception.

Sec. 8. The Philippines, consistent with the national interest, adopts and

Sec. 16. The State shall protect and advance the right of the people to a

pursues a policy of freedom from nuclear weapons in its territory.

balanced and healthful ecology in accord with the rhythm and harmony of
nature.

Policy of freedom from nuclear weapons

The policy PROHIBITS:
1.
The possession, control and manufacture of nuclear weapons
2.
Nuclear arms tests.
The policy does NOT prohibit the peaceful uses of nuclear energy.

1.

While the right to a balanced and healthful ecology is found under the
declaration of Principle and State Policies and not under the Bill of Rights, it
does not follow that it is less important than any of the civil and political
rights enumerated in the latter. (Oposa v. Factoran)
2.
The right to a balanced and healthful ecology carries with it the correlative
duty to refrain from impairing the environment. (Oposa v. Factoran)

Sec. 12. The State recognizes the sanctity of family life and shall protect and
strengthen the family as a basic autonomous social institution. It shall

Sec. 26. The State shall guarantee equal access to opportunities for public

equally protect the life of the mother and the life of the unborn from

service, and prohibit political dynasties as may be defined by law.

conception. etc.

Sec. 27. The State shall maintain honesty and integrity in the public service
Principle that the family is not a creature of the state.

and take positive and effective measures against graft and corruption.

Protection for the unborn

1.
2.

It is not an assertion that the unborn is a legal person.

It is not an assertion that the life of the unborn is placed exactly on the
level of the life of the mother. Hence, when it is necessary to save the life of
the mother, the life of the unborn may be sacrificed.

Sec. 28. Subject to reasonable conditions prescribed by law, the State

adopts and implements a policy of full public disclosure of all its
transactions involving public interest.

ARTICLE III BILL OF RIGHTS

Section 1. No person shall be deprived of life, liberty or property without due
process of law, nor shall any person be denied the equal protection of the
laws.

Definition of Police Power:

1)

Power vested in the legislature

1.
2.

A law which hears before it condemns.

Due process of law contemplates notice and opportunity to be heard
before judgment is rendered affecting ones person or property (Lopez v.
Dir. of Lands)
3.
Due process depends on circumstances; it varies with the subject matter
and the necessities of the situation.

Requisites of PROCEDURAL due process:

For JUDICIAL proceedings: CODE: C J N O H
1.

2)

By the Constitution

3)

To make, ordain, and establish

4)

All manner of wholesome and reasonable laws, statutes, and ordinances

5)

Either with penalties or without

6)

Not repugnant to the constitution

7)

As they shall judge to be for the good and welfare of the commonwealth and

of the subjects of the same.

Aspects of Due Process:
1.

Procedural due process refers to the mode of procedure which

government agencies must follow in the enforcement and application of
laws.
2.
Substantive due process prohibition against arbitrary laws.

Note: PROCEDURAL DUE PROCESS:

A court or tribunal clothed with judicial power to hear and determine the
matter before it.
2.
Jurisdiction must be lawfully acquired over the person of the defendant or
over the property which is the subject of the proceedings.
3.
The defendant must be given notice and an opportunity to be heard.
4.
Judgment must be rendered upon a lawful hearing.

For ADMINISTRATIVE proceedings: CODE: H E D S H I P

1.
2.
3.
4.
5.
6.

7.

The right to a hearing, which includes the right to present ones case and
submit evidence in support thereof.
The tribunal must consider the evidence presented.
The decision must have something to support itself.
Evidence supporting the conclusion must be substantial.
The decision must be based on the evidence presented at the hearing or
at least contained in the record and disclosed to the parties affected.
The tribunal or body or any of its judges must act on its or his
own independent consideration of the law and facts of the controversy, and
not simply accept the views of a subordinate in arriving at a decision.
The board or body should, in all controversial questions, render its
decision in such a manner that theparties to the proceeding can know the
various issues involved and the reasons for the decision rendered.

Note:

Instances when hearings are NOT necessary:

1.
2.

What is required is not actual hearing, but a real opportunity to be heard.

The requirement of due process can be satisfied by subsequent due
hearing.
3.
Violation of due process: when same person reviews his own decision on
appeal.
4.
Notice and hearing are required in judicial and quasi-judicial proceedings,
but not in the promulgation of general rule.

For SCHOOL DISCIPLINARY proceedings: CODE: W A In A D P

1.
2.
3.
4.
5.
6.

The student must be informed in writing of the nature and cause of any
accusation against them.
The student shall have the right to answer the charges against him, with
the assistance of counsel if desired.
The student has the right to be informed of the evidence against him.
The student has the right to adduce evidence in his own behalf.
The evidence must be duly considered by the investigating committee or
official designated by the school authorities to hear and decide the case.
The penalty imposed must be proportionate to the offense.

1.
2.
3.
4.
5.
6.
7.
8.
9.
10.

When
administrative
agencies
are
exercising
their quasilegislative functions.
Abatement of nuisance per se.
Granting by courts of provisional remedies.
Cases of preventive suspension.
Removal of temporary employees in the government service.
Issuance of warrants of distraint and/or levy by the BIR Commissioner.
Cancellation of the passport of a person charged with a crime.
Issuance of sequestration orders (considered a provisional remedy).
Judicial order which prevents an accused from travelling abroad in order to
maintain the effectivity of the courts jurisdiction.
Suspension of a banks operations by the Monetary Board upon a prima
facie finding of liquidity problems in such bank.

Note:
1.

The right to counsel is a very basic requirement of substantive due

process and has to be observed even in administrative and quasi-judicial
bodies.
2.
The right to appeal is a statutory privilege that may be exercised only in
the manner in accordance with law.

Note:
1.
2.
3.
4.
5.

The school has a contractual obligation to afford its students a fair

opportunity to complete the course a student has enrolled for.
Exceptions:
Serious breach of discipline; or
Failure to maintain the required academic standard.
Proceedings in student disciplinary cases may be summary; crossexamination is not essential

Requisites of SUBSTANTIVE due process: CODE: I M

1.

The INTERESTS of the public generally, as distinguished from those of a

particular class, requires the interference by the government and
2.
The MEANS employed are necessary for the accomplishment of the
purpose and not unduly oppressive upon individuals.

Requirements of a valid ordinance:

for any purpose shall be inviolable, and no search warrant or warrant of arrest shall
issue except upon probable cause to be determined personally by the judge after

1.
2.
3.
4.
5.
6.

Must not contravene the Constitution or any statute

Must not be unfair or oppressive
Must not be partial or discriminatory
Must not prohibit, but may regulate trade
Must be general and consistent with public policy
Must not be unreasonable

When is a law VAGUE?

examination under oath or affirmation of the complainant and the witnesses he

may produce, and particularly describing the place to be searched and the person
or things to be seized.
General Rule: Search and seizures are unreasonable unless authorized by a
validly issued search warrant or warrant of arrest
Requisites for a valid warrant:

1.
2.

When it lacks COMPREHENSIBLE STANDARDS

That men of ordinary intelligence must necessarily GUESS as to its
meaning
3.
And differ as to its application

Equal Protection of the law

The equality that it guarantees is legal equality or the equality of all persons before

CODE:

P J E D

1.
2.
3.

It must be issued upon PROBABLE CAUSE.

The existence of probable cause is determined personally by the JUDGE.
The judge must EXAMINE UNDER OATH the complainant and the
witnesses he may produce.
4.
The warrant must PARTICULARLY DESCRIBE the place to be searched
and person or things to be seized.
Definition of PROBABLE CAUSE

the law. It does not demand absolute equality. It merely requires that all persons
shall be treated alike, under like circumstances and conditions both as to privileges

For the issuance of a warrant of arrest:

conferred and liabilities enforced.

Probable cause refers to such facts and circumstances which would lead a
Requisites for valid classification for purposes of the equal protection clause

reasonably discreet and prudent man to believe that an offense has been
committed by the person sought to be arrested.

The classification must:

1.
2.
3.
4.

CODE: SGEE

Rest on SUBSTANTIAL DISTINCTIONS

Be GERMANE to the purposes of the law
Not limited to existing conditions only
APPLY EQUALLY to all members of the SAME CLASS.

Section 2. The right of the people to be secure in their persons, houses, papers,
and effects against unreasonable searches and seizures of whatever nature and

For the issuance of a search warrant:

Probable cause would mean such facts and circumstances which would lead a
reasonably discreet and prudent man to believe that an offense has been
committed and that the objects sought in connection with the offense are in the
place to be searched.

Note: Probable cause for the issuance of a search warrant does NOT require that

2.

the probable guilt of a specific offender be established, unlike in the case of a

warrant of arrest.

The true test of sufficiency of an affidavit to warrant the issuance of a

search warrant is whether it has been drawn in such a manner that perjury
could be charged thereon and affiant be held liable for the damages caused
(Alvarez v. CFI).

Existence of probable cause DETERMINED PERSONALLY BY THE JUDGE

PARTICULARITY OF DESCRIPTION (SEARCH WARRANT)
The judge is NOT required to personally examine the complainant and his
witnesses. What the Constitution underscores is the exclusive and personal
responsibility of the issuing judge to satisfy himself of the existence of probable
cause (Soliven v. Makasiar, 167 SCRA 394).
To be sure, the Judge must go beyond the prosecutors certification and
investigation report whenever necessary (Lim v. Felix).
Procedure:
The judge personally evaluates the report and supporting documents
submitted by the fiscal regarding the existence of probable cause and, on
the basis thereof, issue a warrant of arrest or
2.
If on the basis thereof, the judge finds no probable cause, he may
disregard the fiscals report and require the submission of supporting
affidavits of witnesses to aid him in arriving at the conclusion as to the
existence of probable cause.

1.

A search warrant may be said to particularly describe the things to be

seized when the description therein is as specific as the circumstances
will ordinarily allow or
2.
When the description expresses a conclusion of fact not of law by
which the warrant officer may be guided in making the search and seizure
or
3.
When the things described are limited to those which bear a direct
relation to the offense for which the warrant is being issued (Bache and
Co. v. Ruiz, 37 SCRA 823).

1.

JOHN DOE WARRANT

A John Doe warrant can satisfy the requirement of particularity of description if it
contains a descriptio personae such as will enable the officer to identify the
accused (People v. Veloso, 48 Phil. 159)

Examination UNDER OATH OR AFFIRMATION OF THE COMPLAINANT AND

WITNESSES
1.

The oath required must refer to the truth of the facts within the personal
knowledge of the complainant or his witnesses because the purpose is to
convince the judge of the existence of probable cause (Alvarez v. CFI, 64
Phil. 33).

GENERAL WARRANT
A general warrant is one that does not allege any specific acts or omissions
constituting the offense charged in the application for the issuance of the warrant.
It contravenes the explicit demand of the Bill of Rights that the things to be seized
be particularly described.

VALID WARRANTLESS SEARCH

Search made as an incident to lawful arrest
An officer making an arrest may take from the person arrested:
1.
Any money or property found upon his person which was used in
the commission of the offense or
2.
Was the fruit thereof or
3.
Which might furnish the prisoner with the means of committing
violence or escaping or
4.
Which may be used in evidence in the trial of the case
The search must be made simultaneously with the arrest and it may only be
made in the area within the reach of the person arrested

Requisites of a valid waiver:

The right exists.
The person had actual or constructive knowledge of the existence of such
right.
3.
There is an actual intention to relinquish such right.
1.
2.

The right against unreasonable searches and seizures is a personal right. Thus,
only the person being searched can waive the same.
1.
Waiver requires a positive act from the person. Mere absence of
opposition is not a waiver.
2.
The search made pursuant to the waiver must be made within the scope of
the waiver.

Search of moving vehicles

1.
This exception is based on exigency. Thus, if there is time to obtain a
warrant in order to search the vehicle, a warrant must first be obtained.
2.
The search of a moving vehicle must be based on probable cause.
Seizure of goods concealed to avoid customs duties/authorized under the
Tariffs and Customs Code
1.
The Tariffs and Customs Code authorizes persons having police authority
under the Code to effect search and seizures without a search warrant to
enforce customs laws.
2.
Exception: A search warrant is required for the search of a dwelling house.
3.
Searches under this exception include searches at borders and ports of
entry. Searches in these areas do not require the existence of probable
cause.
Seizure of evidence in plain view
1.
To be a valid warrantless search, the articles must be open to the eye and
hand.
2.
The peace officer comes upon them inadvertently.
Waiver of right

Note:
1.

Checkpoints: as long as the vehicle is neither searched nor its occupants

subjected to a body search and the inspection of the vehicle is limited to a
visual search = valid search (Valmonte V. De Villa)
2.
Carroll rule: warrantless search of a vehicle that can be quickly moved out
of the locality or jurisdiction
3.
The 1987 Constitution has returned to the 1935 rule that warrants may be
issued only by judges, but the Commissioner of Immigration may order the
arrest of an alien in order to carry out a FINAL deportation order.

VALID WARRANTLESS ARRESTS

When the person to be arrested has committed, is actually committing, or is
about to commit an offense in the presence of the arresting officer.

When an offense has in fact just been committed and the arresting officer
has personal knowledge of facts indicating that the person to be arrested
has committed it.
When the person to be arrested is a prisoner who has escaped from a penal
establishment or place where he is serving final judgment or temporarily
confined while his case is pending, or has escaped while being transferred
from one confinement to another.
Waiver of an invalid arrest:
When a person who is detained applies for bail, he is deemed to have waived any
irregularity which may have occurred in relation to his arrest.

R.A. 4200 (Anti-Wiretapping Act)

1.

The law does not distinguish between a party to the private communication
or a third person. Hence, both a party and a third person could be held
liable under R.A. 4200 if they commit any of the prohibited acts under R.A.
4200 (Ramirez v. Ca)
1.
The use of a telephone extension to overhear a private conversation is not
a violation of R.A. 4200 because it is not similar to any of the prohibited
devices under the law. Also, a telephone extension is not purposely
installed for the purpose of secretly intercepting or recording private
communication. (Gaanan v. IAC, 145 SCRA 112)

Hot pursuit
A. The pursuit of the offender by the arresting officer must be continuous from the
time of the commission of the offense to the time of the arrest.

Types of communication protected:

B. There must be no supervening event which breaks the continuity of the chase.

Letters, messages, telephone calls, telegrams and the like.

Stop and frisk

When a policeman observes suspicious activity which leads him to believe that a

Exclusionary rule:

crime is about to be committed, he can investigate the suspicious looking person

and may frisk him for weapons as a measure of self-protection. Should he find,

Any evidence obtained shall be inadmissible for any purpose in any proceeding.

however, a weapon on the suspect which is unlicensed, he can arrest such person

However, in the absence of governmental interference, the protection against

then and there for having committed an offense in the officers presence.

unreasonable search and seizure cannot be extended to acts committed by private

individuals. (People v. Martin)

Section 3. (1) The privacy of communication and correspondence shall be

inviolable except upon lawful order of the court, or when public safety or
order requires otherwise as prescribed by law.
Section 4. No law shall be passed abridging the freedom of speech, of
(2)

Any evidence obtained in violation of this or the preceding section shall

be inadmissible for any purpose in any proceedings.

expression, or of the press, or of the right of the people peaceably to

assemble and petition the government for redress of grievances.

1.

Dangerous Tendency Test

There should be a RATIONAL

CONNECTION between the speech and the evil apprehended.

What are considered protected speech:
2. Clear and Present Danger Test

There should be a clear and present

Protected speech includes every form of expression, whether oral, written, tape or

danger that the words when used under such circumstances are of such a nature

disc recorded. It includes motion pictures as well as what is known as symbolic

as to create a CLEAR AND PRESENT DANGER that they will bring about the

speech such as the wearing of an armband as a symbol of protest. Peaceful

substantive evils that the State has a right to prevent.

picketing has also been included within the meaning of speech.

3. Balancing of Interests Test

Prohibitions under Section 4

1.
1.

Prohibition against PRIOR RESTRAINT

Prohibition against SUBSEQUENT PUNISHMENT

SPEECH (or any other constitutional right) on the other. The courts will then
decide where the greater weight should be placed.
Freedom of Speech

Prohibition against prior restraint

1.

Prior restraint means official governmental restrictions on the press or

other forms of expression in advance of actual publication or dissemination.
2.
Examples/forms of prior restraint
1.
movie censorship
2.
judicial prior restraint = injunction against publication
3.
license taxes based on gross receipts for the privilege of
engaging in the business of advertising in any newspaper
4.
flat license fees for the privilege of selling religious books
When prohibition does not apply
1.

During a war. Ex. Government can prevent publication about the

number/locations of its troops (Near v. Minnesota, 238 US 697)
2.
Obscene publications.

Standards for allowable subsequent punishment

TEST

The courts should BALANCE the

PUBLIC INTEREST served by legislation on one hand and the FREEDOM OF

CRITERION

The doctrine on freedom of speech was formulated primarily for the

protection of core speech, i.e. speech which communicates political, social
or religious ideas. These enjoy the same degree of protection. Commercial
speech, however, does not.

Commercial Speech
A communication which no more than proposes a commercial transaction.
To enjoy protection:
1.
It must not be false or misleading; and
2.
It should not propose an illegal transaction.
Even truthful and lawful commercial speech may be regulated if:
1.
Government has a substantial interest to protect;
2.
The regulation directly advances that interest; and
3.
It is not more extensive than is necessary to protect that interest.
(Central Hudson Gas and Electric Corp. v. Public Service
Commission of NY, 447 US 557)

Unprotected Speech
LIBEL
FAIR COMMENT (U.S. Rule). These are statements of OPINION, not of
fact, and are not considered actionable, even if the words used are neither
mild nor temperate. What is important is that the opinion is the true and
honest opinion of the person. The statements are not used to attack
personalities but to give ones opinion on decisions and actions.
OPINIONS. With respect to public personalities (politicians, actors, anyone
with a connection to a newsworthy event), opinions can be aired regarding
their public actuations. Comment on their private lives, if not germane to
their public personae, are not protected.
2.
OBSCENITY
1.
Test for obscenity (Miller v. California)

The standards for allowable impairment of speech and press also apply to the right
of assembly and petition.

1.

1.

Whether the average person, applying contemporary community standards

would find that the work, taken as a whole, appeals to the prurient interest.
2.
Whether the work depicts or describes, in a patently offensive way, sexual
conduct, specifically defined by law.
3.
Whether the work, taken as a whole, lacks serious literary, artistic, political
or scientific value.

Rules on assembly in public places:

Applicant should inform the licensing authority of the date, the public place where
and the time when the assembly will take place.
The application should be filed ahead of time to enable the public official
concerned to appraise whether there are valid objections to the grant of the permit
or to its grant, but in another public place. The grant or refusal should be based on
the application of the Clear and Present Danger Test.
If the public authority is of the view that there is an imminent and grave danger of a
substantive evil, the applicants must be heard on the matter.
The decision of the public authority, whether favorable or adverse, must be
transmitted to the applicants at the earliest opportunity so that they may, if they so
desire, have recourse to the proper judicial authority.
Rules on assembly in private properties:
Only the consent of the owner of the property or person entitled to possession

2.
1.
2.
3.
4.
5.
6.

Procedure for seizure of allegedly obscene publications

Authorities must apply for issuance of search warrant.
Court must be convinced that the materials are obscene. Apply clear and
present danger test.
Judge will determine whether they are in fact obscene.
Judge will issue a search warrant.
Proper action should be filed under Art. 201 of the RPC.
Conviction is subject to appeal.

thereof is required.
Section 5. 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.

Clauses under Section 5

Right of Assembly and Petition

1.

Non-establishment clause

2.

Free exercise of Religion

Rights guaranteed under Section 6:

Distinction between the clauses (School District v. Schempp, 374 US 203)

The non-establishment clause does not depend upon any showing of
direct governmental compulsion. It is violated by the enactment of laws
which establish an official religion whether those laws operate directly to
coerce non-observing individuals or not. The test of compliance with the
non-establishment clause can be stated as follows: What are the purposes
and primary effect of the enactment? If either is the advancement or
inhibition of religion, the law violates the non-establishment clause. Thus, in
order for a law to comply with the non-establishment clause, two requisites
must be met. First, it has a secular legislative purpose. Second, its primary
effect neither advances nor inhibits religion.

1.
2.

Freedom to choose and change ones place of abode.

Freedom to travel within the country and outside.

Curtailment of rights:
RIGHT

MANNER

OF

CURTAILMENT
1. Liberty of abode

Lawful order of the court and within the limits

prescribed by law.
The free exercise of religion clause withdraws from legislative power the
exertion of any restraint on the free exercise of religion. In order to show a
violation of this clause, the person affected must show the coercive effect of
the legislation as it operates against him in the practice of his religion.
While the freedom to believe (non-establishment) is absolute, the moment
such belief flows over into action, it becomes subject to government
regulation.

2. Right to travel

May be curtailed even by administrative

officers (ex. passport officers) in the interest of national security, public safety, or
public health, as may be provided by law.
Note: The right to travel and the liberty of abode are distinct from the right to
return to ones country, as shown by the fact that the Declaration of Human Rights
and the Covenant on Human Rights have separate guarantees for these. Hence,

Requisites for government aid to be allowable:

1.
2.
3.

It must have a secular legislative purpose;

It must have a primary effect that neither advances nor inhibits religion;
It must not require excessive entanglement with recipient institutions.

the right to return to ones country is not covered by the specific right to travel and
liberty of abode. (Marcos v. Manglapus)
Section 7. The right of the people to information on matters of public concern
shall be recognized.

Section 6. The liberty of abode and of changing the same within the limits
prescribed by law shall not be impaired except upon lawful order of the court.
Neither shall the right to travel be impaired except in the interest of national
security, public safety or public health, as may be provided by law.

Rights guaranteed under Section 7

1.
2.

Right to information on matters of public concern

Right of access to official records and documents

The right to form associations shall not be impaired without due process of law and
is thus an aspect of the right of liberty. It is also an aspect of the freedom of
contract. In addition, insofar as the associations may have for their object the
advancement of beliefs and ideas, the freedom of association is an aspect of the

Persons entitled to the above rights

Only Filipino citizens.
Discretion of government
The government has discretion with respect to the authority to determine what
matters are of public concern and the authority to determine the manner of access
to them.

Recognized restrictions on the right of the people to information:

1.
2.
3.
4.
5.
6.
7.
8.

National security matters

Intelligence information
Trade secrets
Banking transactions
Diplomatic correspondence
Executive sessions
Closed door cabinet meetings
Supreme Court deliberations

freedom of speech and expression, subject to the same limitation.

The right also covers the right not to join an association.
Government employees have the right to form unions. They also have the right to
strike, unless there is a statutory ban on them.
Section 9. Private property shall not be taken for public use without just
compensation.

Who can exercise the power of eminent domain:

1)

The national government

1.
2.

2)

Congress
Executive, pursuant to legislation enacted by Congress
Local government units, pursuant to an ordinance enacted by their

respective legislative bodies (under LGC)

3)

Public utilities, as may be delegated by law.

When is the exercise of the power of eminent domain necessary?

Section 8. 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.

It is only necessary when the owner does not want or opposes the sale of his
property. Thus, if a valid contract exists between the government and the owner,
the government cannot exercise the power of eminent domain as a substitute to
the enforcement of the contract.

Elements of the power of eminent domain

1)

There is a TAKING of private property

2)

Taking is for PUBLIC USE

3)

Payment of JUST COMPENSATION

TAKING

JUST COMPENSATION
1.

Compensation is just if the owner receives a sum equivalent to the market

value of his property. Market value is generally defined as the fair value of
the property as between one who desires to purchase and one who desires
to sell.
2.
The point of reference use in determining fair value is the value at the time
the property was taken. Thus, future potential use of the land is not
considered in computing just compensation.

A. Elements: CODE: E P A P O
Judicial review of the exercise of the power of eminent domain
1.
2.

The expropriator enters the property

The entrance must not be for a momentary period, i.e., it must
be permanent
3.
Entry is made under warrant or color of legal authority
4.
Property is devoted to public use
5.
Utilization of the property must be in such a way as to oust the owner and
deprive him of the beneficial enjoyment of his property.
B. Compensable taking does not need to involve all the property interests which

1.
2.
3.

To determine the adequacy of the compensation

To determine the necessity of the taking
To determine the public use character of the taking. However, if the
expropriation is pursuant to a specific law passed by Congress, the courts
cannot question the public use character of the taking.

When municipal property is taken by the State:

form part of the right of ownership. When one or more of the property rights are
appropriated and applied to a public purpose, there is already a compensable

Compensation is required if the property is a patrimonial property, that is, property

taking, even if bare title still remains with the owner.

acquired by the municipality with its private funds in its corporate or private
capacity. However, if it is any other property such a public buildings or legua
comunal held by the municipality for the State in trust for the inhabitants, the State
is free to dispose of it at will.

PUBLIC USE
Point of reference for valuating a piece of property:
Public use, for purposes of expropriation, is synonymous with public welfare
as the latter term is used in the concept of police power.
Examples of public use include land reform and socialized housing.

General rule: The value must be that as of the time of the filing of the complaint
for expropriation.

Exception: When the filing of the case comes later than the time of taking and

3)

Right to provide with the services of counsel if he cannot afford the services

meanwhile the value of the property has increased because of the use to which the

of one.

expropriator has put it, the value is that of the time of the earlier taking. BUT if the
value increased independently of what the expropriator did, then the value is that

4)

Right to be informed of these rights.

of the latter filing of the case.

When rights are available:
Section 10. No law impairing the obligation of contracts shall be passed.
1)

AFTER a person has been taken into custody or

When does a law impair the obligation of contracts:

2)
1)

If it changes the terms and conditions of a legal contract either as to the time

When a person is otherwise deprived of his freedom of action in any

significant way.

or mode of performance
3)

When the investigation is being conducted by the government (police, DOJ,

2)

If it imposes new conditions or dispenses with those expressed

NBI) with respect to a criminal offense.

3)

If it authorizes for its satisfaction something different from that provided in its

4)

Signing of arrest reports and booking sheets.

terms.
When rights are not available:
A mere change in PROCEDURAL REMEDIES which does not change the
substance of the contract, and which still leaves an efficacious remedy for

1)

enforcement does NOT impair the obligation of contracts.

investigators to elicit admissions or confessions from the suspect.

A valid exercise of police power is superior to obligation of contracts.

2)

During administrative investigations.

Section 12. Rights of person under investigation for the commission of an

3)

Confessions made by an accused at the time he voluntarily surrendered to

offense.

the police or outside the context of a formal investigation.

Rights of person under investigation for the Commission of an offense

4)

CODE: SCISI
1)

Right to remain silent

2)

Right to have competent and independent counsel, preferably of his own

choice

During a police line-up. Exception: Once there is a move among the

Statements made to a private person.

Exclusionary rule
1)

Any confession or admission obtained in violation of this section shall be

inadmissible in evidence against him (the accused).

2)

Therefore, any evidence obtained by virtue of an illegally obtained confession

2)

Excessive bail shall not be required.

is also inadmissible, being the fruit of a poisoned tree.

Factors considered in setting the amount of bail:
Requisites of valid waiver:
1)
2)

1)

Ability to post bail

2)

Nature of the offense

3)

Penalty imposed by law

4)

Character and reputation of the accused

5)

Health of the accused

6)

Strength of the evidence

7)

Probability of appearing at the trial

8)

Forfeiture of previous bail bonds

9)

Whether accused was a fugitive from justice when arrested

Waiver should be made in WRITING

Waiver should be made in the PRESENCE OF COUNSEL.

Section 13. Right to bail

Who are entitled to bail:
1)
2)
3)

All persons ACTUALLY DETAINED

shall, BEFORE CONVICTION
Be entitled to bail.

Who are not entitled to bail:

1)

Persons charged with offenses PUNISHABLE by RECLUSION PERPETUA

or DEATH, when evidence of guilt is strong

10) If accused is under bond in other cases

2)

Implicit limitations on the right to bail:

Persons CONVICTED by the trial court. Bail is only discretionary pending

appeal.
1.
3)

Persons who are members of the AFP facing a court martial.

Other rights in relation to bail.

1)

The right to bail shall NOT be impaired even when the privilege of the writ of

habeas corpus is suspended.

The person claiming the right must be in actual detention or custody of the
law.
2.
The constitutional right is available only in criminal cases, not, e.g. in
deportation proceedings.
Note:
1.

Right to bail is not available in the military.

2.

Apart from bail, a person may attain provisional liberty through

recognizance.

The right to be heard includes the following rights:

Right to be present at the trial
The right to be present covers the period from ARRAIGNMENT to
PROMULGATION of sentence.

Section 14. Rights of an accused

After arraignment, trial may proceed notwithstanding absence of accused,

provided 2 requisites are met. Note, that trial in absentia is allowed only if
the accused has been validly arraigned.

Rights of a person charged with a criminal offense

1.
2.
3.
4.
5.
6.
7.

Right to due process of law

Right to be presumed innocent
Right to be heard by himself and counsel
Right to be informed of the nature and cause of the accusation against him
Right to have a speedy, impartial and public trial
Right to meet the witnesses face to face
Right to have compulsory process to secure the attendance of witnesses
and the production of evidence in his behalf

(i)
(ii)

Accused has been duly notified; and

His failure to appear is unjustifiable.
The accused may waive the right to be present at the trial by not showing
up. However, the court can still compel the attendance of the accused if
necessary for identification purposes. Exception: If the accused, after
arraignment, has stipulated that he is indeed the person charged with the
offense and named in the information, and that any time a witness refers to
a name by which he is known, the witness is to be understood as referring
to him.
While the accused is entitled to be present during promulgation of
judgement, the absence of his counsel during such promulgation does not
affect its validity.

DUE PROCESS
This means that the accused can only be convicted by a tribunal which is required
to comply with the stringent requirements of the rules of criminal procedure.
PRESUMPTION OF INNOCENCE
The Constitution does not prohibit the legislature from providing that proof of
certain facts leads to a prima facie presumption of guilt, provided that the facts

2. Right to counsel

proved have a reasonable connection to the ultimate fact presumed.

(a)

Presumption of guilt should not be conclusive.

(b) If the accused appears at arraignment without counsel, the judge must:

1. RIGHT TO BE HEARD BY HIMSELF AND COUNSEL

(i)

Right to counsel means the right to EFFECTIVE REPRESENTATION.

Inform the accused that he has a right to a counsel before arraignment

(ii) Ask the accused if he desires the aid of counsel

RIGHT TO SPEEDY, IMPARTIAL AND PUBLIC TRIAL

(iii) If the accused desires counsel, but cannot afford one, a counsel de oficio must

Factors used in determining whether the right to a speedy trial has been

be appointed

violated.

(iv) If the accused desires to obtain his own counsel, the court must give him a

1)

Time expired from the filing of the information

2)

Length of delay involved

3)

Reasons for the delay

4)

Assertion or non-assertion of the right by the accused

5)

Prejudice caused to the defendant.

reasonable time to get one.

3. Right to an impartial judge
4. Right of confrontation and cross-examination
5. Right to compulsory process to secure the attendance of witnesses
RIGHT

TO

BE

INFORMED

OF

THE

NATURE

AND

CAUSE

OF

ACCUSATION AGAINST HIM

Effect of dismissal based on the ground of violation of the accuseds right to

speedy trial

Purposes of the right:

If the dismissal is valid, it amounts to an acquittal and can be used as basis to
1)

To furnish the accused with a description of the charge against him as will

claim double jeopardy. This would be the effect even if the dismissal was made

enable him to make his defenses

with the consent of the accused

2)

Remedy of the accused if his right to speedy trial has been violated

To avail himself of his conviction or acquittal against a further prosecution for

the same cause

He can move for the dismissal of the case.
3)

To inform the court of the facts alleged.

If he is detained, he can file a petition for the issuance of writ of habeas corpus.

If the information fails to allege the material elements of the offense, the accused
cannot be convicted thereof even if the prosecution is able to present evidence

Definition of impartial trial

during the trial with respect to such elements.

The accused is entitled to the cold neutrality of an impartial judge.
The real nature of the crime charged is determined from the recital of facts in the
information. It is not determined based on the caption or preamble thereof nor from
the specification of the provision of law allegedly violated

It is an element of due process.

Definition of public trial

The attendance at the trial is open to all irrespective of their relationship to the
accused. However, if the evidence to be adduced is offensive to decency or

Principal exceptions to the right of confrontation

1.
2.
3.

The admissibility of dying declarations

Trial in absentia under Section 14(2)
With respect to child testimony

public morals, the public may be excluded.

Section 16. All persons shall have the right to a speedy disposition of their cases
The right of the accused to a public trial is not violated if the hearings are
conducted on Saturdays, either with the consent of the accused or if failed to
object thereto.

before all judicial, quasi-judicial, or administrative bodies.

Distinction between Section 14 and Section 16
While the rights of an accused only apply to the trial phase of criminal cases, the
right to a speedy disposition of cases covers ALL phases of JUDICIAL, QUASI-

RIGHT TO MEET WITNESS FACE TO FACE

JUDICIAL or ADMINISTRATIVE proceedings.

Purposes of the right:

Section 17. No person shall be compelled to be a witness against himself.

1.
2.

To afford the accused an opportunity to cross-examine the witness

To allow the judge the opportunity to observe the deportment of the
witness

When is a question incriminating:

A question tends to incriminate when the answer of the accused or the witness
would establish a fact which would be a necessary link in a chain of evidence to
prove the commission of a crime by the accused or the witness.

Failure of the accused to cross-examine a witness

If the failure of the accused to cross-examine a witness is due to his own fault or
was not due to the fault of the prosecution, the testimony of the witness should be
excluded.
When the right to cross-examine is demandable
It is demandable only during trials. Thus, it cannot be availed of during preliminary
investigations.

Distinction between an accused and an ordinary witness

1.

An accused can refuse to take the witness stand by invoking the right
against self-incrimination.
2.
An ordinary witness cannot refuse to take the stand. He can only refuse to
answer specific questions which would incriminate him in the commission of
an offense.

Scope of right

1.

What is PROHIBITED is the use of physical or moral compulsion to extort

communication from the witness or to otherwise elicit evidence which would
not exist were it not for the actions compelled from the witness.
2.
The right does NOT PROHIBIT
the examination of the body of the
accused or the use of findings with respect to his body as physical
evidence. Hence, the fingerprinting of an accused would not violate the
right against self-incrimination. However, obtaining a sample of the
handwriting of the accused would violate this right if he is charged for
falsification.
3.
The accused cannot be compelled to produce a private document in his
possession which might tend to incriminate him. However, a third person in
custody of the document may be compelled to produce it.

It is every condition of enforced or compulsory service of one to another no matter

under what form such servitude may be disguised.
Exceptions:
1.
2.
3.

Punishment for a crime for which the party has been duly convicted
Personal military or civil service in the interest of national defense
Return to work order issued by the DOLE Secretary or the President

Section 19. Prohibition against cruel, degrading and inhuman punishment

When is a penalty cruel, degrading and inhuman?
1.

When the right can be invoked:

1.
2.

In criminal cases
In administrative proceedings if the accused is liable to a penalty (Ex.
Forfeiture of property)

A penalty is cruel and inhuman if it involves torture or lingering suffering.

Ex. Being drawn and quartered.
2.
A penalty is degrading if it exposes a person to public humiliation. Ex.
Being tarred and feathered, then paraded throughout town.
Standards used:
1.

Who can invoke the right:

Only natural persons. Judicial persons are subject to the visitorial powers of the
state in order to determine compliance with the conditions of the charter granted to

The punishment must not be so severe as to be degrading to the dignity of

human beings.
2.
It must not be applied arbitrarily.
3.
It must not be unacceptable to contemporary society
4.
It must not be excessive, i.e. it must serve a penal purpose more
effectively than a less severe punishment would.

them.
Excessive fine
Section 18. Right against involuntary servitude
A fine is excessive, when under any circumstance, it is disproportionate to the
offense.
Definition of involuntary servitude

Note: Fr. Bernas says that the accused cannot be convicted of the crime to which
the punishment is attached if the court finds that the punishment is cruel,
degrading or inhuman.

Reason: Without a valid penalty, the law is not a penal law.

2)

Under a complaint or information sufficient in form and substance to sustain

a conviction
Section 20. No person shall be imprisoned for debt or non-payment of a poll tax.
3)

Before a court of competent jurisdiction

4)

After the person is arraigned

5)

Such person enters a valid plea.

Definition of debt under Section 20

1)

Debt refers to a CONTRACTUAL obligation, whether express or implied,

resulting in any liability to pay money. Thus, all other types of obligations are not
within the scope of this prohibition.

When does jeopardy NOT attach:

2)

Thus, if an accused fails to pay the fine imposed upon him, this may result in

his subsidiary imprisonment because his liability is ex delicto and not ex contractu.

1)

If information does not charge any offense

3)

2)

If, upon pleading guilty, the accused presents evidence of complete self-

A FRAUDULENT debt may result in the imprisonment of the debtor if:

defense, and the court thereafter acquits him without entering a new plea of not
1.
2.

The fraudulent debt constitutes a crime such as estafa and

The accused has been duly convicted.

guilty for accused.

3)

If the information for an offense cognizable by the RTC is filed with the MTC.

4)

If a complaint filed for preliminary investigation is dismissed.

Section 21. No person shall be twice put in jeopardy of punishment for the same
offense. If an act punished by a law and an ordinance, conviction or acquittal
under either shall constitute a bar to another prosecution for the same act.
Requisites for a valid defense of double jeopardy: CODE: ATS
1)

First jeopardy must have attached prior to the second.

2)

The first jeopardy must have terminated.

3)

The second jeopardy must be for the same offense as that in the first.

When does first jeopardy TERMINATE: (2ND REQUISITE)

1)

Acquittal

2)

Conviction

3)

Dismissal W/O the EXPRESS consent of the accused

4)

Dismissal on the merits.

When does jeopardy ATTACH: (1st requisite) CODE: CICAV

Examples of termination of jeopardy:
1)

A person is charged

1)

Dismissal based on violation of the right to a speedy trial. This amounts to

an acquittal.

Note: where a single act results in the violation of different laws or different
provisions of the same law, the prosecution for one will not bar the other so long as
none of the exceptions apply.

2)

Dismissal based on a demurrer to evidence. This is a dismissal on the

merits.
3)

Dismissal on motion of the prosecution, subsequent to a motion for

Definition of double jeopardy (2nd sentence of Sec. 21)

reinvestigation filed by the accused.

Double jeopardy will result if the act punishable under the law and the ordinance
4)

Discharge of an accused to be a state witness. This amounts to an

are the same. For there to be double jeopardy, it is not necessary that the offense

acquittal.

be the same.

When can the PROSECUTION appeal from an order of dismissal:

SUPERVENING FACTS

1)

1)

If dismissal is on motion of the accused. Exception: If motion is based on

violation of the right to a speedy trial or on a demurrer to evidence.

Under the Rules of Court, a conviction for an offense will not bar a

prosecution for an offense which necessarily includes the offense charged in the
former information where:

2)

If dismissal does NOT amount to an acquittal or dismissal on the merits

1.

3)

If the question to be passed upon is purely legal.

4)

If the dismissal violates the right of due process of the prosecution.

5)

If the dismissal was made with grave abuse of discretion.

The graver offense developed due to a supervening fact arising from the
same act or omission constituting the former charge.
2.
The facts constituting the graver offense became known or were
discovered only after the filing of the former information.
3.
The plea of guilty to the lesser offense was made without the consent of
the fiscal and the offended party.

What are considered to be the SAME OFFENSE: (under the 1st sentence of

2)

Under (1)(b), if the facts could have been discovered by the prosecution but

Section 21)

were not discovered because of the prosecutions incompetence, it would not be

considered a supervening event.

1)

Exact identity between the offenses charged in the first and second cases.
Effect of appeal by the accused:

2)

One offense is an attempt to commit or a frustration of the other offense.

If the accused appeals his conviction, he WAIVES his right to plead double

3)

One offense is necessarily included or necessary includes the other.

jeopardy. The whole case will be open to review by the appellate court. Such
court may even increase the penalties imposed on the accused by the trial court.

Section 22. No ex post facto law or bill of attainder shall be enacted.

2)

The bill of attainder does not need to be directed at a specifically named

person. It may also refer to easily ascertainable members of a group in such a

Definition of ex-post facto law.

way as to inflict punishment on them without judicial trial.

1)

3)

One which makes an action done before the passing of the law, and which

Elements of the bill of attainder

was innocent when done, criminal, and punishes such action.

2)

1.
2.

There must be a LAW.

The law imposes a PENAL burden on a NAMED INVIDIDUAL/EASILY
ASCERTAINABLE MEMBERS of a GROUP.
3.
The penal burden is imposed DIRECTLY by the LAW W/O JUDICIAL trial.

One which aggravates the crime or makes it greater than when it was

committed.
3)

One which changes the punishment and inflicts a greater punishment than

that which the law annexed to the crime when it was committed.
4)

One which alters the legal rules of evidence and receives less testimony

ARTICLE IV CITIZENSHIP

than the law required at the time of the commission of the offense in order to
convict the accused.
Who are citizens of the Philippines?
5)

One which assumes to regulate civil rights and remedies only BUT, in effect,

imposes a penalty or deprivation of a right, which, when done, was lawful.

6)

One which deprives a person accused of a crime of some lawful protection

to which he has become entitled such as the protection of a former conviction or

acquittal, or a proclamation of amnesty.
Note: The prohibition on ex post facto laws only applies to retrospective PENAL

1)

Those who are citizens of the Philippines at the time of the adoption of the

1987 Constitution
2)

Those whose fathers or mothers are citizens of the Philippines.

3)

Those born before January 17, 1973 of Filipino mothers, who elect Philippine

citizenship upon reaching the age of majority.

laws.

4)

Definition of BILL OF ATTAINDER

Modes of acquiring citizenship:

1)

1)

Jus Soli acquisition of citizenship on the basis of place of birth

2)

Jus Sanguinis acquisition of citizenship on the basis of blood relationship

A bill of attainder is a LEGISLATIVE act which inflicts punishment W/O

JUDICIAL trial.

Those who are naturalized in accordance with law.

3)

Naturalization the legal act of adopting an alien and clothing him with the

2)

Those who elect Philippine citizenship under Art. IV, Sec. 1(3) of 1987

privilege of a native-born citizen.

Constitution.

Note: The Philippines follows (2) and (3)

Marriage of Filipino with an alien:

Election of citizenship under the 1987 Constitution:

1)

General Rule: The Filipino RETAINS Philippine citizenship

2)

Exception: If, by their act or omission they are deemed, under the law, to

have renounced it.

Prior to the 1973 Constitution, if a Filipina married an alien, she lost her Filipino

Examples of renunciation of Philippine citizenship:

citizenship. Hence, her child would have to elect Filipino citizenship upon reaching
the age of majority. Under the 1973 Constitution, however, children born of Filipino

1)

Voluntarily obtaining foreign passport

citizenship under the 1987 Constitution only applies to those persons who were

2)

Pledging allegiance to another country (ex. by becoming a naturalized citizen

born under the 1935 Constitution. In order for the children to elect Filipino

of another country)

mothers were already considered Filipinos. Therefore, the provision on election of

citizenship, the mothers must have been Filipinos at the time of their marriage. So,
if your mother was a Filipina who married an alien under the 1935 constitution and

Re-acquisition of citizenship

you were born before January 17, 1973, you can elect Filipino citizenship upon

Natural-born Filipinos who are deemed to have lost their citizenship may re-

reaching the age of majority.

acquire the same via repatriation proceedings. This involves taking an oath of

When must the election be made:

The election must be made within a reasonable period after reaching the age of
majority.
Effects of naturalization:
1)

The legitimate minor children of the naturalized father become Filipinos as

allegiance and filing the same with the civil registry.

How may one lose citizenship:
1.
By naturalization in a foreign country
2.
By express renunciation of citizenship
3.
By subscribing oath or allegiance to a foreign Constitution
4.
By serving in the armed forces of an enemy country
5.
By being a deserter of the armed forces of ones country

any disqualification which would bar her from being naturalized.

How may one reacquire citizenship:

1.
By direct act of Congress
2.
By naturalization
3.
By repatriation

Natural-born citizens:

ARTICLE V SUFFRAGE

well.
2)

1)

The wife also becomes a Filipino citizen, provided that she does not have

Citizens of the Philippines from birth who do not need to perform any act to

acquire or perfect their Philippine citizenship.

Qualifications:
1)

Citizen of the Philippines

CODE: CD18RR

2)

Not Disqualified by law

3)

At least 18 years old

4)

Resident of the Philippines for at least 1 year

5)

Resident of the place wherein he/she proposes to vote for at least 6

months immediately preceding the election.

Note: NO literacy, property or other substantive requirement can be
imposed on the exercise of suffrage.
Residency requirement
Residency, under Article V has 2 senses:
1. DOMICILE This is in reference to the 1 year residency requirement in
the Philippines.

Definition of Legislative Power:

The authority to make laws and to alter or repeal them.
Classification of legislative power: (O De CO)
1.
2.

Original Possessed by the people in their sovereign capacity

Delegated Possessed by Congress and other legislative bodies by virtue
of the Constitution
3.
Constituent The power to amend or revise the Constitution
4.
Ordinary The power to pass ordinary laws

2. TEMPORARY RESIDENCE This is in reference to the 6 month

residency requirement in the place where one wants to vote. In this case,

Note:

residence can either mean domicile or temporary residence.

The original legislative power of the people is exercised via initiative and
Disqualifications:

referendum. In this manner, people can directly propose and enact laws, or

1)

approve or reject any act or law passed by Congress or a local government unit.

Any person sentenced by final judgment to imprisonment of not less

than 1 year, which disability has not been removed by plenary pardon.
2)

Any person adjudged by final judgment of having violated his

allegiance to the Republic of the Philippines.

3)

Insane or feeble-minded persons.

Note: Under the 2nd disqualification, the right to vote is automatically reacquired upon the expiration of 5 years after the service of sentence.
ARTICLE VI THE LEGISLATIVE DEPARTMENT
Sec. 1. The legislative power shall be vested in the Congress of the
Philippines, which shall consist of a Senate and a House of Representatives,
except to the extent reserved to the people by the provision on initiative and
referendum.

Limits on the legislative power of Congress:

1.

Substantive limitations on the content of laws. E.g. no law shall be

passed establishing a state religion.
1.
Procedural limitations on the manner of passing laws. E.g. generally a
bill must go through three readings on three separate days.
Note:
Provided that these two limitations are not exceeded, Congress legislative power
is plenary.
Corollaries of legislative power:

Congress cannot pass irrepealable laws. Since Congress powers are

plenary, and limited only by the Constitution, any attempt to limit the powers
of future Congresses via an irrepealable law is not allowed.
Congress, as a general rule, cannot delegate its legislative power. Since
the people have already delegated legislative power to Congress, the latter
cannot delegate it any further.

3.
4.
5.

Able to read and write;

A registered voter; and
Philippine resident for at least 2 years immediately preceding the day of
the election.

Note: The qualifications of both Senators and Members of the House are limited
to those provided by the Constitution. Congress cannot, by law, add or subtract
from these qualifications.

EXCEPTIONS:
Term of Office:
1.
2.

Delegation of legislative power to local government units;

Instances when the Constitution itself allows for such delegation [see Art.
VI Sec. 23(2)]

6 years, commencing (unless otherwise provided by law) at noon, 30 June next

following their election.
Term Limitations:

What may Congress delegate:

1.
2.

Congress can only delegate, usually to administrative agencies, RULE-MAKING

POWER or LAW EXECUTION.

This involves either of two tasks for the

administrative agencies:
1.
2.

Filling up the details on an otherwise complete statute; or

Ascertaining the facts necessary to bring a contingent law or provision
into actual operation.

Sections 2-4. SENATE

No Senator shall serve for more than 2 consecutive terms.

Voluntary renunciation of office for any length of time shall not be
considered as an interruption in the continuity of his service for the full term
for which he was elected.

Sections 5-7. HOUSE OF REPRESENTATIVES

Composition:
1.
2.

Not more than 25 members, unless otherwise fixed by law; and

Party-list Representative

Composition
24 senators who shall be elected at large by the qualified voters of the Philippines,
as may be provided by law.
Qualifications
1.
2.

Natural-born citizen;
At least 35 years old on the day of election;

Election of 250 members

1.

They shall be elected from legislative districts apportioned among the

provinces, cities and the Metropolitan Manila area.

2.

Legislative districts are apportioned in accordance with the number of

inhabitants of each area and on the basis of a uniform and progressive
ratio.

1.

Each district shall comprise, as far as practicable, contiguous, compact

and adjacent territory;
Each city with at least 250,000 inhabitants will be entitled to at least one
representative.
Each province will have at least one representative.
Legislative districts shall be re-apportioned by Congress within 3 years
after the return of each census. According to Jack, however, while the
apportionment of districts is NOT a political question, the judiciary CANNOT
compel Congress to do this.
The standards used to determine the apportionment of legislative districts
is meant to prevent gerrymandering, which is the formation of a legislative
district out of separate territories so as to favor a particular candidate or
party.

2.
3.
4.

5.

Qualifications
1.
2.
3.
4.
5.

Natural born citizen of the Philippines;

At least 25 years old on the day of the election;
Able to read and write;
Registered voter in the district he seeks to represent; and
A resident of such district for at least one year immediately preceding the
day of the election.

Term of Office

1.

Each member of the House shall be elected for a term of three (3) years
which shall commence (unless otherwise provided for by law) at noon on 30
June next following their election.
2.
Voluntary renunciation of office for any length of time shall not be
considered as an interruption in the continuity of his service for the full term
for which he was elected.
T
erm Limitations
No member of the House of Representatives shall serve for more than three (3)
consecutive terms.
Distinctions between Term and Tenure
Definition
Terms means the period during which the elected officer is legally
authorized to assume his office and exercise the powers thereof.
Tenure is the actual period during which such officer actually holds his
position.
Limitation/Possible Reduction
1.
Term CANNOT be reduced.
2.
Tenure MAY, by law, be limited. Thus, a provision which considers
an elective office automatically vacated when the holder thereof files
a certificate of candidacy for another elective office (except President
and Vice-President) is valid, as it only affects the officers tenure and
NOT his constitutional term.

Party-List Representatives

Constitute 20% of the total number of representatives, including those under

the party-list system (thus a maximum of 50 party-list members of the
House)
However, for 3 consecutive terms from 2 February 1987 (i.e., the 1987-92,
92-95 and 95-98 terms), 25 seats shall be allotted to sectoral
representatives. Under Art. XVIII, Sec. 7, the sectoral representatives are to
be appointed by the President until legislation otherwise provides.
Mechanics of the party-list system:
1.
Registered organizations submit a list of candidates in order of
priority.
2.
During the elections, these organizations are voted for at large.
3.
The number of seats that each organization gets out of the 20%
allotted to the system depends on the number of votes they get.
Qualifications
1.
Natural born citizen of the Philippines
2.
At least 25 years of age on the day of the election
3.
Able to read and write

Rule on increase in salaries:

No increase in their salaries shall take effect until after the EXPIRATION OF THE
FULL TERM (NOT TENURE) OF ALL THE MEMBERS OF THE SENATE AND
THE HOUSE OF REPRESENTATIVES APPROVING SUCH INCREASE.
Note: Since the Constitution provides for rules on salaries and not on
emoluments, our distinguished legislators can appropriate for themselves other
sums of money such as travel allowances, as well as other side benefits.
Sec. 11: CONGRESSIONAL IMMUNITIES
1.)
1.

Legislators are privileged from arrest while Congress is in session with

respect to offenses punishable by up to 6 years of imprisonment. Thus,
whether Congress is in regular or special session, the immunity from arrest
applies.
2.
If Congress is in recess, members thereof may be arrested.
3.
The immunity is only with respect to arrests and NOT to prosecution for
criminal offenses.

Sec. 9. In case of vacancy in the Senate or in the House of Representatives,

a special election may be called to fill such vacancy in the manner
prescribed by law, but the Senator or Member of the House of

Immunity from arrest:

2.)

Legislative privilege:

Representatives thus elected shall serve only for the unexpired term.
No member shall be questioned or held liable in any forum other than
his/her respective Congressional body for any debate or speech in the
Congress or in any Committee thereof.
Sec. 10. Salaries of Senators and Members of the House
Limitation on the privilege:
Determination of Salaries:
(i)

Protection is only against forum other than Congress itself. Thus for

Salaries of Senators and Members of the House of Representatives shall be

inflammatory remarks which are otherwise privileged, a member may be

determined by law.

sanctioned by either the Senate or the House as the case may be.

(ii)

The speech or debate must be made in performance of their duties as

members of Congress. This includes speeches delivered, statements made, votes

cast, as well as bills introduced, and other activities done in performance of their

counsel before any court of justice, electoral

tribunal, quasi-judicial and
administrative
bodies.

official duties.
(iii)

Congress need NOT be in session when the utterance is made, as long

as it forms part of legislative action, i.e. part of the deliberative and communicative
process used to participate in legislative proceedings in consideration of proposed
legislation or with respect to other matters with Congress jurisdiction.

4. Legislators cannot be financially interested

directly or indirectly in any contract with or in
any franchise, or special privilege granted by
the Government, or any subdivision, agency or
instrumentality thereof, including any GOCC or
its subsidiary.

During his term of office.

5. Legislators cannot intervene in any matter

before any office of the government.

When it is for his pecuniary ben

where he may be called upon to a
account of his office.

Sec. 12. All Members of the Senate and the House of Representatives shall,
upon assumption of office, make a full disclosure of their financial and
business interests. They shall notify the House concerned of a potential
conflict of interest that may arise from the filing of a proposed legislation of
which they are authors.
Sec. 15: REGULAR AND SPECIAL SESSIONS
Sec. 13-14: CONGRESSIONAL DISQUALIFICATIONS:

Regular Sessions:

Disqualifications:

1.)

Congress convenes once every year on the 4 th Monday of July (unless

otherwise provided for by law)

DISQUALIFICATION

WHEN APPLICABLE
2.)

1. Senator/Member of the House cannot hold any

other office or employment in the
Government or
any subdivision, agency or Instrumentality thereof,
including GOCCS or their subsidiaries.

2. Legislators cannot be appointed to any office.

3. Legislators cannot personally appear as

Continues in session for as long as it sees fit, until 30 days before the

opening of the next regular session, excluding Saturdays, Sundays, and legal
holidays.
During his term. If he does so, he
forfeits his seat.
Special Sessions:
IF the office was created or the
emoluments thereof increased Called
during by the President at any time when Congress is not in session.
the term for which he was elected.
Sec. 16. Officers:

During his term of office.

1.)

Senate President;

2.)

Speaker of the House; and

1.
2.
2.)

3.)

Concurrence of 2/3 of ALL its members and

Shall not exceed 60 days.
Expulsion

Each House may choose such other officers as it may deem necessary.
1.

Concurrence of 2/3 of ALL its members.

Election of Officers
By a majority vote of all respective members.
Quorum to do business:
Congressional Journals and Records:
1.
2.

Majority of each House shall constitute a quorum.

A smaller number may adjourn from day to day and may compel the
attendance of absent members.
3.
In computing a quorum, members who are outside the country and thus
outside of each Houses coercive jurisdiction are not included.

1.)

The Journal is conclusive upon the courts.

2.)

BUT an enrolled bill prevails over the contents of the Journal.

3.)

An enrolled bill is the official copy of approved legislation and bears the

certifications of the presiding officers of each House. Thus where the certifications
are valid and are not withdrawn, the contents of the enrolled bill are conclusive
Internal Rules:
1.
2.

Each House shall determine its own procedural rules.

Since this is a power vested in Congress as part of its inherent powers,
under the principle of separation of powers, the courts cannot intervene in
the implementation of these rules insofar as they affect the members of
Congress.
3.
Also, since Congress has the power to make these rules, it also has the
power to ignore them when circumstances so require.

upon the courts as regards the provision of that particular bill.

Adjournments:
1.)

Neither House can adjourn for more than 3 days during the time Congress is

in session without the consent of the other House.

2.)

Neither can they adjourn to any other place than that where the two houses

are sitting, without the consent of the other.

Section 17: THE ELECTORAL TRIBUNAL

Discipline:
1.)

Suspension

The Senate and the House shall each have an Electoral Tribunal which shall

2.)

The ETs being independent bodies, its members may not be arbitrarily

be composed of:

removed from their positions in the tribunal by the parties which they represent.
Neither may they be removed for not voting according to party lines, since they are

1.
2.

3 Supreme Court Justices to be designated by the Chief Justice; &

6 Members of the Senate or House, as the case may be.

acting independently of Congress.

3.)

The senior Justice in the Electoral Tribunal shall be its Chairman.

Note: The congressional members of the ETs shall be chosen on the basis of
proportional representation from the political parties and party-list organizations.
Jurisdiction:
1.)

Each ET shall be the sole judge of all CONTESTS relating to the election,

returns, and qualifications of their respective members. This includes determining

the validity or invalidity of a proclamation declaring a particular candidate as the
winner.
2.)

An election contest is one where a defeated candidate challenges the

qualification and claims for himself the seat of a proclaimed winner.

3.)

In the absence of an election contest, the ET is without jurisdiction. However,

the power of each House to expel its own members or even to defer their oathtaking until their qualifications are determined may still be exercised even without

The mere fact that the members of either the Senate or the House sitting on

the ET are those which are sought to be disqualified due to the filing of an election
contest against them does not warrant all of them from being disqualified from
sitting in the ET. The Constitution is quite clear that the ET must act with both
members from the SC and from the Senate or the House. If all the legislatormembers of the ET were to be disqualified, the ET would not be able to fulfill its
constitutional functions.
4.)

Judicial review of decisions of the ETs may be had with the SC only insofar as

the decision or resolution was rendered without or in excess of jurisdiction or with

grave abuse of discretion constituting denial of due process.
Section 18: THE COMMISSION ON APPOINTMENTS
Composition:
1.)

Senate President as ex-officio chairman;

2.)

12 Senators; and

3.)

12 Members of the House.

an election contest.
Issues regarding the Electoral Tribunals:
Note: The 12 Senators and 12 Representatives are elected on the basis of
1.)

Since the ETs are independent constitutional bodies, independent even of

proportional representation from the political parties and party-list organizations.

the House from which the members are respectively taken, neither Congress nor
the Courts may interfere with procedural matters relating to the functions of the

Voting/Action

ETs, such as the setting of deadlines or filing their election contests with the
respective ETs.

1.)

The chairman shall only vote in case of a tie.

2.)

The CA shall act on all appointments within 30 session days from their

submission to Congress.

Note: The ET and the CA shall be constituted within 30 days after the Senate and
the House of Representative shall have been organized with the election of the
President and the Speaker.

3.)

The Commission shall rule by a majority vote of all the Members.

Sections 21-22: LEGISLATIVE INQUIRIES

Jurisdiction
Scope:
1.)

CA shall confirm the appointments by the President with respect to the

following positions:
1.

Heads of the Executive Departments (except if it is the Vice-President who

is appointed to the post).
2.
Ambassadors, other public ministers or consuls.
3.
Officers of the AFP from the rank of Colonel or Naval Captain: and
4.
Other officers whose appointments are vested in him by the Constitution
(e.g. COMELEC members).
2.)

1.

Either House or any of their committees may conduct inquires in aid of

legislation.
2.
In aid of legislation does not mean that there is pending legislation
regarding the subject of the inquiry. In fact, investigation may be needed for
purposes of proposing future legislation.
3.
If the stated purpose of the investigation is to determine the existence of
violations of the law, the investigation is no longer in aid of legislation but
in aid of prosecution. This violates the principle of separation of powers
and is beyond the scope of congressional powers.

Congress CANNOT by law prescribe that the appointment of a person to an

office created by such law shall be subject to confirmation by the CA.

3.)

Appointments extended by the President to the above-mentioned positions

while Congress is not in session shall only be effective until disapproval by the CA
or until the next adjournment of Congress.
Meetings of the CA
1.)

CA meets only while Congress is in session.

2.)

Meetings are held either at the call of the Chairman or a majority of all its

members.
3.)

Since the CA is also an independent constitutional body, its rules of procedure

are also outside the scope of congressional powers as well as that of the judiciary.

Enforcement:
Since experience has shown that mere requests for information does not
usually work, Congress has the inherent power to punish recalcitrant
witnesses for contempt, and may have them incarcerated until such time
that they agree to testify.
The continuance of such incarceration only subsists for the lifetime, or term,
of such body. Once the body ceases to exist after its final adjournment, the
power to incarcerate ceases to exist as well. Thus, each Congress of the
House lasts for only 3 years. But if one is incarcerated by the Senate, it is

indefinite because the Senate, with its staggered terms, is a continuing

body.

Department heads may appear before Congress in the following instances.

Upon their own initiative, with the consent of the President (and that of the
House concerned); or
Upon the request of either House (which cannot compel them to attend)

BUT, in order for a witness to be subject to this incarceration, the primary

requirement is that the inquiry is within the scope of Congress powers. i.e. it
is in aid of legislation.
The materiality of a question is determined not by its connection to any
actually pending legislation, but by its connection to the general scope of
the inquiry.
The power to punish for contempt is inherent in Congress and this power is
sui generis. It cannot be exercised by local government units unless they
are expressly authorized to do so.

1.
2.

The appearance will be conducted in EXECUTIVE SESSION when:

Required by the security of state or required by public interest; and
When the President so states in writing

Sections 23-24. DECLARATION OF WAR/EMERGENCY POWERS

Vote requirement: (to declare the existence of a state of war)

Limitations:
The inquiry must be conducted in accordance with the duly published rules of
procedure of the House conducting the inquiry; and
The rights of persons appearing in or affected by such inquiries shall be
respected. Ex. The right against self-incrimination.

Appearance by department heads before Congress:

Since members of the executive department are co-equals with those of the
legislative department, under the principle of separations of powers,
department heads cannot be compelled to appear before Congress.
Neither may the department heads impose their appearance upon
Congress.

1.
2.

2/3 of both Houses, in joint session

Voting separately

Emergency powers:
During times of war or other national emergency, Congress may, BY LAW,
authorize the President to exercise powers necessary and proper to carry out a
declared national policy.
Limitations:
1.
Powers will be exercised for a limited period only; and
2.
Powers will be subject to restrictions prescribed by Congress
Expiration of emergency powers
1.
By resolution of Congress or
2.
Upon the next adjournment of Congress

3.

A bill of local application, such as one asking for the conversion of a municipality
into a city, is deemed to have originated from the House provided that the bill of the

Sections 24-27, 30-31 LEGISLATION

Bills that must originate from the House of Representatives (Section 24)

House was filed prior to the filing of the bill in the Senate even if, in the end, the
Senate approved its own version.
Limitations:

CODE: A R T Pu Lo P
1.
2.
3.
4.
5.
6.

Appropriation bills
Revenue bills
Tariff bills
Bills authorizing the increase of public debt
Bills of local application
Private bills

For appropriation bills:

Congress cannot increase the appropriations recommended by the
President for the operation of the Government as specified in the budget.
Each provision or enactment in the General Appropriations Bill must relate
specifically to some particular appropriation therein and any such provision
or enactment must be limited in its operation to the appropriation to which it
relates.

Note: The Senate may, however, propose or concur with amendments.

The procedure in approving appropriations for Congress shall strictly follow
the procedure for approving appropriations for other departments and
agencies.

Appropriation bills
1.

The primary and specific aim of an appropriation bill is to appropriate a

sum of money from the public treasury.
1.
Thus, a bill enacting the budget is an appropriations bill.
1.
BUT: A bill creating a new office, and appropriating funds therefor is NOT
an appropriation bill.
Revenue Bill
1.

A revenue bill is one specifically designed to raise money or revenue

through imposition or levy.
1.
Thus, a bill introducing a new tax is a revenue bill, but a provision in, for
instance, the Videogram Regulatory Board law imposing a tax on video
rentals does not make the law a revenue bill.
Bills of local application

A special appropriations bill must specify the purpose for which it is intended
and must be supported by funds actually available as certified by the
National Treasurer or to be raised by a corresponding revenue proposal
therein.
Transfer of appropriations:
1.
Rule: No law shall be passed authorizing any transfer of appropriations
2.
BUT the following may, BY LAW, be authorized to AUGMENT any item in
the general appropriations law for their respective offices from savings in
other items of their respective appropriations

President

President of the Senate

Speaker of the House of Representatives

iii.

A bill which repeals legislation regarding the subject matter need not state

Chief of Justice of the Supreme Court

considered germane to the subject matter of the bill.

Heads of the Constitutional Commissions

Readings
1.
In order to become a law, each bill must pass three (3) readings in both
Houses.
2.
General rule: Each reading shall be held on separate days & printed
copies thereof in its final form shall be distributed to its Members three (3)
days before its passage.
3.
Exception: If a bill is certified as urgent by the President as to the
necessity of its immediate enactment to meet a public calamity or
emergency, the 3 readings can be held on the same day.
4.
First reading only the title is read; the bill is passed to the proper
committee

in the title that it is repealing the latter. Thus, a repealing clause in the bill is

1.

Discretionary funds appropriated for particular officials shall be:

1.
Disbursed only for public purposes;
2.
Should be supported by appropriate vouchers; and
3.
Subject to guidelines as may be prescribed by law.
1.
If Congress fails to pass General Appropriations Bill (GAB) by the end of
any fiscal year:
i. The GAB for the previous year is deemed reenacted
ii. It will remain in full force and effect until the GAB is passed by Congress.

Second reading Entire text is read and debates are held, and amendments
1.

For law granting tax exemption

introduced.

It should be passed with the concurrence of a MAJORITY of ALL the members of

Third reading only the title is read, no amendments are allowed. Vote shall be

Congress.

taken immediately thereafter and the yeas and nays entered in the journal.

For bills in general

Veto power of President:

Every bill shall embrace only one (1) subject, as expressed in the title
thereof

Every bill, in order to become a law, must be presented to and signed by the
President.

i.

As a mandatory requirement

ii.

The title does not have to be a complete catalogue of everything stated in

If the President does not approve of the bill, he shall veto the same and
return it with his objections to the House from which it originated. The
House shall enter the objections in the Journal and proceed to reconsider it.

the bill. It is sufficient if the title expresses the general subject of the bill and all the
provisions of the statute are germane to that general subject.

The President must communicate his decision to veto within 30 days from
the date of receipt thereof. If he fails to do so, the bill shall become a law as
if he signed it.

This rule eliminates the pocket veto whereby the President would simply
refuse to act on the bill.
To OVERRIDE the veto, at least 2/3 of ALL the members of each House
must agree to pass the bill. In such case, the veto is overriden and
becomes a law without need of presidential approval.
Item veto
The President may veto particular items in an appropriation, revenue or tariff
bill.
This veto will not affect items to which he does not object.
Definition of item

2. Appropriations bill

1)

The rule of taxation should be UNIFORM

2)

It should be EQUITABLE

3)

Congress should evolve a PROGRESSIVE system of taxation.

4)

The power to tax must be exercised for a public purpose because the power

exists for the general welfare

5)

TYPE OF BILL
1. Revenue/tax bill

Limitations:

ITEM
Subject of the tax and the tax rate imposed thereon
Indivisible sum dedicated to a stated purpose

1.
1.

Veto of RIDER
A rider is a provision which does not relate to a particular appropriation
stated in the bill.
2.
Since it is an invalid provision under Section 25(2), the President may veto
it as an item.

Specific limitations on legislation

1.

No law shall be enacted increasing the Supreme Courts appellate

jurisdiction without the SCs advice and concurrence.
1.
No law shall be enacted granting titles of royalty or nobility.

Section 28. POWER TO TAX

The due process and equal protection clauses of the Constitution should be

observed.
Delegation of power to fix rates
1)

Congress may, BY LAW, authorize the President to fix the following:

a)

Tariff rates

b)

Import and Export Quotas

c)

Tonnage and wharfage dues

d)

Other duties and imposts

Within the framework of the national development program of the Government

2)

The exercise of such power by the President shall be within the specified

limits fixed by Congress and subject to such limitations and restrictions as it may
impose.
Constitutional tax exemptions:

1)

The following properties are exempt from REAL PROPERTY taxes

2)

Limitations.

(CODE: Cha Chu M- CA)

a)

Appropriations must be for a PUBLIC PURPOSE

a)

Charitable institutions

b)

Cannot appropriate public funds or property, directly or indirectly, in favor of

b)

Churches, and parsonages or convents appurtenant thereto

(i)

Any sect, church, denomination, or sectarian institution or system of

religion or
c)

Mosques

d)

Non-profit cemeteries; and

(ii)

e)

All lands, buildings and improvements actually, directly and exclusively used

Any priest, preacher, minister, or other religious teacher or dignitary as

such.
EXCEPT if the priest, etc is assigned to:

for religious, charitable, or educational purposes.

the Armed Forces; or

any penal institution; or

XIV Sec 4 (3))

government orphanage; or

3)

leprosarium

2)

All revenues and assets of NON-STOCK NON-PROFIT EDUCATIONAL

institutions are exempt from taxes and duties PROVIDED that such revenues and
assets are actually, directly and exclusively used for educational purposes. (Art.

Grants, endowments, donations or contributions used actually, directly and

exclusively for educational purposes shall be exempt from tax. This is subject to
conditions prescribed by law. (Art. XIV. Sec 4 (4))

c)

BUT the government is not prohibited from appropriating money for a valid

secular purpose, even if it incidentally benefits a religion, e.g. appropriations for a

Section 29. Power of the Purse

national police force is valid even if the police also protects the safety of
clergymen.

1)

No money shall be paid out of the National Treasury EXCEPT in pursuance

of an appropriation made by law.

d)

ALSO, the temporary use of public property for religious purposes is valid, as

long as the property is available for all religions

a)
b)

This places the control of public funds in the hands of Congress.

3)

Special Funds

a)

Money collected on a tax levied for a special purpose shall be treated as a

BUT: This rule does not prohibit continuing appropriations. e.g. for debt

servicing.

This is because the rule does not require yearly, or annual

appropriation.

special fund and paid out for such purpose only.

b)

Once the special purpose is fulfilled or abandoned, any balance shall be

b)

Every legislative district should be represented by at least 3% of the

transferred to the general funds of the Government

registered voters

Section 32. INITIATIVE AND REFERENDUM

c)

1)

Through the system of initiative and referendum, the people can directly

propose and enact laws or approve or reject any act or law or part thereof passed
by the Congress or local legislative body.
2)

Required Petition

a)

Should be signed by at least 10% of the total number of registered voters

Petition should be registered