Political Law Review Digests
Political Law Review Digests
Serious Illness of the President SECTION 26. The State shall guarantee equal access to opportunities for
public service, and prohibit political dynasties as may be defined by law.
In case of serious illness of the President, The public shall be informed of
the state of his health. The members of the cabinet in charge of national State Policy on Education
security and foreign relations and the Chief of Staff of the AFP shall not be
denied access to the President during such illness. (Article VII, Section 12) SECTION 17. The State shall give priority to education, science and
technology, arts, culture, and sports to foster patriotism and nationalism,
Serious illness which may be a national concern. (Bernas)
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accelerate social progress, and promote total human liberation and SECTION 28. Subject to reasonable conditions prescribed by law, the State
development. adopts and implements a policy of full public disclosure of all its
transactions involving public interest.
State Policy on Health
Constitutional powers of Commission on Audit: (RES-D-P-D) Rest? Di
SECTION 15. The State shall protect and promote the right to health of PweDe
the people and instill health consciousness among them.
1. To examine and audit all forms of government revenue.
Right of citizen to question/review president’s declaration of martial 2. To examine and audit all forms of government expenditure
law and suspension of writ of habeas corpus: 3. To settle government accounts
4. To define the scope and techniques for its own auditing procedures
5. To promulgate accounting and auditing rules including those for the
ART. 7, Sec 18. The Supreme Court may review, in an appropriate prevention and disallowance of irregular, unnecessary, excessive,
proceeding filed by any citizen, the sufficiency of the factual basis of extravagant and unconscionable expenditures.
the proclamation of martial law or the suspension of the privilege of 6. To decide administrative cases involving the expenditures of public funds.
the writ or the extension thereof, and must promulgate its decision thereon
within thirty days from its filing. (Citizen Initiated Review)
State policy of indigenous cultural communities:
State Policy on Family
SECTION 22. The State recognizes and promotes the rights of indigenous
cultural communities within the framework of national unity and
SECTION 12. The State recognizes the sanctity of family life and shall development
protect and strengthen the family as a basic autonomous social
institution. It shall equally protect the life of the mother and the life of the
unborn from conception. The natural and primary right and duty of parents in Concurrent Appellate Jurisdiction of Supreme Court:
the rearing of the youth for civic efficiency and the development of moral
character shall receive the support of the Government. Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law
or the Rules of Court may provide, final judgments and orders of lower
Control power of the president: courts in:
ART 7; SECTION 17. The President shall have control of all the executive (a) All cases in which the constitutionality or validity of any treaty,
departments, bureaus, and offices. He shall ensure that the laws be international or executive agreement, law, presidential decree, proclamation,
faithfully executed. order, instruction, ordinance, or regulation is in question.
(b) All cases involving the legality of any tax, impost, assessment, or toll, or
State Policies of Public office any penalty imposed in relation thereto.
(c) All cases in which the jurisdiction of any lower court is in issue.
(d) All criminal cases in which the penalty imposed is reclusion perpetua or
SECTION 26. The State shall guarantee equal access to opportunities for higher.
public service, and prohibit political dynasties as may be defined by law. (e) All cases in which only an error or question of law is involved.
SECTION 27. The State shall maintain honesty and integrity in the
public service and take positive and effective measures against graft
P10M suit for ejectment for unpaid P10m rentals filed in MTC. Issue of
and corruption.
ownership of said property is questioned. MTC dismissed case on
ground of no jurisdiction. Where can you file petition for certiorari? - It
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shall be filed before the RTC exercising jurisdiction over the territorial The State recognizes the vital role of the youth in nation building and
area pursuant to Section 4 Rule 65 of the Rules of Court. shall promote and protect their physical, moral, spiritual, intellectual and
social well-being. It shall inculcate in the youth patriotism and nationalism
State Policy Science (Art II, Sec 17) and encourage their involvement in public and civic affairs.
BASIS of Art I *take note of the dates and what territories were covered
Article II, Sec. 17. The State shall give priority to education, science and (SEE NACHURA)
technology, arts, culture and sports to foster patriotism and
nationalism, accelerate social progress and promote total human Those ceded to US by virtue of Treaty of Paris (Dec. 10, 1898)
liberation and development.
Those defined under the Treaty between US and Spain (Nov. 7, 1900) -
Powers & Functions of Civil Service Commission: (CASIIS) Cagayan, Sulu and Sibuto
Those defined under the Treaty between US and Great Britain (Jan 2, 1930)
Serves as the Central Personnel Agency of the Government:
- Turtle Islands ang Mangsee Islands
1. To establish a CAREER service;
Batanes islands under the 1935 Constitution
2. To ADOPT measures to promote moral efficiency, integrity,
Those contemplated under 1973 Constitution as belonging to the Philippines
responsiveness, progressiveness and courtesy in the Civil service;
by historic right or legal title.
3. To STRENGTHEN the merit and awards system;
Is Kalayaan group of Islands part of our territory? How?
4. To INTEGRATE all human resource development programs for
all levels and ranks; Pursuant to PD 1596, it was declared that certain areas in the Kalayaan
group of Islands are part of the continental margin of the Philippine
5. To INSTITUTIONALIZE a management climate conducive to archipelago. In the recent arbitration case, the Kalayaan group of islands or
public accountability; the Spratlys is considered to be within the Philippines’ exclusive economic
zone in accordance with the provisions of the UNCLOS.
6. To SUBMIT to the President and Congress an annual report on
personnel program; Status of our claim to Sabah?
Powers of Electoral Tribunals (Art. VI, Sec 17) (SJ:ERQ-RM) The Philippines claims over Sabah still remained even with the adoption of
the amendments and is not repealed by RA 9522.
a. Sole judge of all contests relating to the election, returns and State Policy on Women (Art II, Sec 16)
qualifications of their respective members;
b. Rule-making power The State recognizes the role of women in nation-building and shall
ensure fundamental equality before the law of women and man.
Executive Clemencies (Art VIII, Sec 19)
Rule-making powers of Supreme Court (Art VIII, Sec 5(5))
a. Reprieve
b. Commutations
c. Pardon To promulgate rules concerning: protection and enforcement of
d. Amnesty constitutional rights; pleading, practice and procedures in all courts;
e. Remission of fines and forfeiture admission to the practice of law; Integrated Bar of the Philippines; and
legal assistance to the underprivileged. (CR-PPP-A-IB-LA) mag-CR, Pepe
State Policy on Youth (Art II, Sec 13) na-Pee Pee; Always ImBerna si loLA
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Provisions on Checks & Balances legislative district must be represented by at least three per centum of
the registered voters thereof.
PRESIDENT:
a. Veto power of the President (Art. 6 Section 27), Provisions on Separation of Power (Art VI, Sec 1; Art VII, Sec 1; Art
b. Pardoning power of the President of a convict (Art. 7 Section 19) VIII, Sec 1)
CONGRESS:
a. Overriding the veto power of the President by vote of ⅔ of all ARTICLE VI, Section 1. The legislative power shall be vested in the
members of each house(Art. 6 Section 27), Congress of the Philippines which shall consist of a Senate and a House of
b. Giving consent to certain appointments (Art. 6 Section 18), Representatives, except to the extent reserved to the people by the
c. Judicial power in trying impeachment cases (Art 11 Section 3), provision on initiative and referendum.
d. Limiting the jurisdiction of the SC and that of other inferior courts
and even abolish other tribunals subject to certain restrictions (Art.
8 Section 1 &2) ARTICLE VII, Section 1. The executive power shall be vested in the
President of the Philippines.
Congress revokes prevention of suspension of writ of habeas corpus &
declaration of Martial Law on what grounds? SUBQUESTION: Is it ARTICLE VIII, Section 1. The judicial power shall be vested in one Supreme
function of Congress or Courts? Court and in such lower courts as may be established by law.
Under the 1987 Constitution, the Congress has the authority to revoke the Judicial power includes the duty of the courts of justice to settle actual
suspension of the writ of habeas corpus and declaration of Martial law upon controversies involving rights which are legally demandable and
a majority vote of all its members voting jointly. The constitutional enforceable, and to determine whether or not there has been a grave abuse
validity of the President’s proclamation of martial law or suspension of of discretion amounting to lack or excess of jurisdiction on the part of any
the writ of habeas corpus is first a political question in the hands of the branch or instrumentality of the Government.
Congress before it becomes a justiciable one in the hands of the court.
Only when the Congress defaults should the Supreme Court step in as its
final rampart. Grounds for Impeachment (Art XI, Sec 2)
Provisions on Initiative and Referendum (Art. VI, Sec 1; Art VI, Sec 32 JOSEPH “ERAP” EJERCITO ESTRADA case
[General system for initiative & referendum]) ~RA 6735
ARTICLE XI, Section 2. The President, the Vice-President, the Members of
ARTICLE VI, Section 1. The legislative power shall be vested in the the Supreme Court, the Members of the Constitutional Commissions, and
Congress of the Philippines which shall consist of a Senate and a House of the Ombudsman may be removed from office on impeachment for, and
Representatives, except to the extent reserved to the people by the conviction of, culpable violation of the Constitution, treason, bribery, graft
provision on initiative and referendum. and corruption, other high crimes, or betrayal of public trust. All other public
officers and employees may be removed from office as provided by law, but
not by impeachment.
Section 32. The Congress shall, as early as possible, provide for a system of
initiative and referendum, and the exceptions therefrom, whereby the
people can directly propose and enact laws or approve or reject any CHIEF JUSTICE CORONA case
act or law or part thereof passed by the Congress or local legislative
body after the registration of a petition therefor signed by at least ten Grounds for Impeachment:
per centum of the total number of registered voters, of which every
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Respondent betrayed the Public Trust, committed Culpable Violation of the
Constitution and Graft and Corruption in the following manner:
ARTICLE VI. RESPONDENT BETRAYED THE PUBLIC TRUST BY
ARTICLE I. RESPONDENT BETRAYED THE PUBLIC TRUST THROUGH ARROGATING UNTO HIMSELF, AND TO A COMMITTEE HE CREATED,
HIS TRACK RECORD MARKED BY PARTIALITY AND SUBSERVIENCE THE AUTHORITY AND JURISDICTION TO IMPROPERLY INVESTIGATE
IN CASES INVOLVING THE ARROYO ADMINISTRATION FROM THE A JUSTICE OF THE SUPREME COURT FOR THE PURPOSE OF
TIME OF HIS APPOINTMENT AS SUPREME COURT JUSTICE AND EXCULPATING HIM. SUCH AUTHORITY AND JURISDICTION IS
UNTIL HIS DUBIOUS APPOINTMENT AS A MIDNIGHT CHIEF JUSTICE PROPERLY REPOSED BY THE CONSTITUTION IN THE HOUSE OF
TO THE PRESENT. REPRESENTATIVES VIA IMPEACHMENT.
ARTICLE II. RESPONDENT COMMITTED CULPABLE VIOLATION OF ARTICLE VII. RESPONDENT BETRAYED THE PUBLIC TRUST
THE CONSTITUTION AND/OR BETRAYED THE PUBLIC TRUST WHEN THROUGH HIS PARTIALITY IN GRANTING A TEMPORARY
HE FAILED TO DISCLOSE TO THE PUBLIC HIS STATEMENT OF RESTRAINING ORDER (TRO) IN FAVOR OF FORMER PRESIDENT
ASSETS, LIABILITIES, AND NET WORTH AS REQUIRED UNDER SEC. GLORIA MACAPAGAL-ARROYO AND HER HUSBAND JOSE MIGUEL
17, ART. XI OF THE 1987 CONSTITUTION. ARROYO IN ORDER TO GIVE THEM AN OPPORTUNITY TO ESCAPE
PROSECUTION AND TO FRUSTRATE THE ENDS OF JUSTICE, AND IN
DISTORTING THE SUPREME COURT DECISION ON THE EFFECTIVITY
ARTICLE III. RESPONDENT COMMITTED CULPABLE VIOLATIONS OF OF THE TRO IN VIEW OF A CLEAR FAILURE TO COMPLY WITH THE
THE CONSTITUTION AND BETRAYED THE PUBLIC TRUST BY FAILING CONDITIONS OF THE SUPREME COURT’S OWN TRO.
TO MEET AND OBSERVE THE STRINGENT STANDARDS UNDER ART.
VIII, SECTION 7 (3) OF THE CONSTITUTION THAT PROVIDES THAT “[A]
MEMBER OF THE JUDICIARY MUST BE A PERSON OF PROVEN ARTICLE VIII. RESPONDENT BETRAYED THE PUBLIC TRUST AND/OR
COMPETENCE, INTEGRITY, PROBITY, AND INDEPENDENCE” IN COMMITTED GRAFT AND CORRUPTION WHEN HE FAILED AND
ALLOWING THE SUPREME COURT TO ACT ON MERE LETTERS FILED REFUSED TO ACCOUNT FOR THE JUDICIARY DEVELOPMENT FUND
BY A COUNSEL WHICH CAUSED THE ISSUANCE OF FLIP-FLOPPING (JDF) AND SPECIAL ALLOWANCE FOR THE JUDICIARY (SAJ)
DECISIONS IN FINAL AND EXECUTORY CASES; IN CREATING AN COLLECTIONS.
EXCESSIVE ENTANGLEMENT WITH MRS. ARROYO THROUGH HER
APPOINTMENT OF HIS WIFE TO OFFICE; AND IN DISCUSSING WITH State Policy on Foreign troops
LITIGANTS REGARDING CASES PENDING BEFORE THE SUPREME SUBQUESTION: VFA entered into between Phil and USA. How did SC
COURT. rule on this? Why was it validated?
ARTICLE IV. RESPONDENT BETRAYED THE PUBLIC TRUST AND/OR Article XVIII, Section 25, of the Constitution states that “foreign military
COMMITTED CULPABLE VIOLATION OF THE CONSTITUTION WHEN HE bases, troops, or facilities shall not be allowed in the Philippines except
BLATANTLY DISREGARDED THE PRINCIPLE OF SEPARATION OF under a treaty duly concurred in by the Senate and, when the Congress so
POWERS BY ISSUING A “STATUS QUO ANTE” ORDER AGAINST THE requires, ratified by a majority of the votes cast by the people in a national
HOUSE OF REPRESENTATIVES IN THE CASE CONCERNING THE referendum held for that purpose, and recognized as a treaty by the other
IMPEACHMENT OF THEN OMBUDSMAN MERCEDITAS NAVARRO- contracting State.”
GUTIERREZ.
ARTICLE V. RESPONDENT BETRAYED THE PUBLIC TRUST THROUGH The SC held that the VFA “is simply an implementing agreement” of the
WANTON ARBITRARINESS AND PARTIALITY IN CONSISTENTLY constitutional provision on Foreign troops. The petitioners, led by former
DISREGARDING THE PRINCIPLE OF RES JUDICATA IN THE CASES Senate President Jovito Salonga and Atty. Evalyn Ursua, did not present
INVOLVING THE 16 NEWLY-CREATED CITIES, AND THE PROMOTION “substantial arguments” in its motion for reconsideration filed after the SC
OF DINAGAT ISLAND INTO A PROVINCE. ruled on the VFA’s constitutionality.
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NOTE:
RE: EDCA Switzerland is a neutral state what does this mean?
Is Burma a neutral state? It had a close-door policy for year
"EDCA is not constitutionally infirm." It is an executive agreement that is Is China a neutral state? It also had a close-door policy for
anchored on a previously upheld agreement, the Visiting Forces years
Agreement (VFA), which went through the Senate and the legal
scrutiny of the SC. Thus, EDCA is not the principal agreement that first
allowed the presence of US facilities and troops in the Philippines Art. I National Territory provision
which would need Senate ratification.
The national territory of the Philippines comprises:
EDCA's constitutionality is upheld "on the ground that Article XVIII,
Section 25 of the 1987 Constitution allows the President to enter into an 1) The Philippine archipelago;
executive agreement on foreign military bases, troops, or facilities if: 2) All other territories over which the Philippines has sovereignty or
(a) it is not the instrument that allows the presence of foreign military bases, jurisdiction;
troops, or facilities, or (b) it merely aims to implement an existing law or
treaty and holding that the EDCA is one such executive agreement." NOTE:
PHILIPPINE ARCHIPELAGO – that body of water studded with islands
State Policy on NEUTRALITY (Art II, Sec 2) which is delineated in the Treaty of Paris (1898), as amended by the
Treaty of Washington (1900) and the Treaty with Great Britain (1930).
– consists of its:
Article II, Section 2: "The Philippines renounces war as an instrument of a) Terrestrial
national policy, adopts the generally accepted principles of international b) Fluvial
law as part of the law of the land and adheres to the policy of peace, c) Aerial domains
equality, justice."
– including its
Article II, Section 7: "The State shall pursue an independent foreign a) Territorial sea
policy. In its relations with other states the paramount consideration shall be b) The seabed
national sovereignty, territorial integrity, national interest, and the right to c) The subsoil
self-determination." d) The insular shelves; and
e) The other submarine areas
SUBQUESTION: Is the State’s pursuit of an Independent foreign policy INTERNAL WATERS – the waters Around, Between and Connecting (ABC)
equal to a State’s neutrality? Accdg to Dean Cueva: NO the islands of the archipelago, regardless of their breadth and dimensions.
On the outbreak of war, states which do not wish to participate declare
neutrality. Also termed “armed neutrality,” a stance of neutrality during war is ALL OTHER TERRITORIES OVER WHICH THE PHILIPPINES HAS
distinguished from “neutralization” (a permanent status of neutrality), or the SOVEREIGNTY OR JURISDICTION – includes any territory that presently
neutrality maintained by humanitarian NGOs and UN peacekeeping units. belongs or might in the future belong to the Philippines through any of the
Neutral states remain at peace with other neutral states and at peace accepted international modes of acquiring territory.
with the belligerents to the greatest extent possible. In return, the
belligerents are obligated to respect neutral territory and jurisdiction (land, ARCHIPELAGIC PRINCIPLE
sea, air, etc.) and innocent neutral trade. Two elements:
1. The definition of internal waters;
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2. The straight baseline method of delineating the territorial sea – consists of 5. Committee recommends for plenary deliberations, with or without
drawing straight lines connecting the outermost points on the coast without amendments;
departing to any appreciable extent from the general direction of the coast. 6. PO is calendared for the 2nd reading;
7. Plenary session of Sanggunian debates on PO
IMPORTANT DISTANCES with respect to the waters around the a) Plenary may refer back the PO to the committee (#4) or
Philippines: b) Approve PO on 2nd reading
-Territorial Sea - 12 nautical miles (n.m.) 8. Sanggunian approves PO on 2nd reading;
-Contiguous Zone - 12 n.m. from the edge of the territorial sea 9. PO is calendared for 3rd reading;
-Exclusive Economic Zone - 200 n.m. from the baseline [includes T.S. and 10. Sanggunian approves PO on 3rd and final reading;
C.Z.] 11. Approved ordinance is transmitted to the LOCAL CHIEF EXECUTIVE
(LCE)
a) LCE SIGNS APPROVED ORDINANCE = #12
NOTE: There can be a Continental Shelf without an EEZ, but not an EEZ b) LCE DOES NOT ACT ON THE ORDINANCE = #12
without a Continental Shelf. c) LCE VETOES PO
i. Sanggunian OVERRIDES VETO by 2/3 votes or
TERRITORIAL SEA: The belt of the sea located between the coast and ii. NO ACTION from Sanggunian: Ordinance is shelved
internal waters of the coastal state on the one hand, and the high seas on 12. POSTING / PUBLICATION requirements
the other, extending up to 12 nautical miles from the low water mark. 13. ORDINANCE BECOMES A LAW
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NOTE: Partial veto is invalid.
1. Enforce and administer all laws and regulations relative to the conduct of
Exception: When it comes to appropriation, revenue, or tariff bills, the an election, plebiscite, initiative, referendum, and recall.
Administration needs the money to run the machinery of government and it 2. Exercise exclusive original jurisdiction over all contests relating to the
cannot veto the entire bill even if it may contain objectionable features. elections, returns, and qualifications of all elective regional, provincial, and
city officials, and appellate jurisdiction over all contests involving
How to override President’s veto? elective municipal officials decided by trial courts of general
jurisdiction, or involving elective barangay officials decided by trial
SECTION 27. (1) Every bill passed by the Congress shall, before it becomes courts of limited jurisdiction. Decisions, final orders, or rulings of the
a law, be presented to the President. If he approves the same, he shall sign Commission on election contests involving elective municipal and barangay
it; otherwise, he shall veto it and return the same with his objections to the offices shall be final, executory, and not appealable.
House where it originated, which shall enter the objections at large in its 3. Decide, except those involving the right to vote, all questions affecting
Journal and proceed to reconsider it. If, after such reconsideration, two- elections, including determination of the number and location of polling
thirds of all the Members of such House shall agree to pass the bill, it places, appointment of election officials and inspectors, and registration of
shall be sent, together with the objections, to the other House by which voters.
it shall likewise be reconsidered, and if approved by two-thirds of all 4. Deputize, with the concurrence of the President, law enforcement
the Members of that House, it shall become a law. In all such cases, the agencies and instrumentalities of the Government, including the Armed
votes of each House shall be determined by yeas or nays, and the names of Forces of the Philippines, for the exclusive purpose of ensuring free, orderly,
the Members voting for or against shall be entered in its Journal. The honest, peaceful, and credible elections. Register, after sufficient
President shall communicate his veto of any bill to the House where it publication, political parties, organizations, or coalitions which, in addition to
originated within thirty days after the date of receipt thereof; otherwise, it other requirements, must present their platform or program of government;
shall become a law as if he had signed it. and accredit citizens' arms of the Commission on Elections. Religious
denominations and sects shall not be registered. Those which seek to
Effect of President’s inaction in a bill? When shall it become a law? achieve their goals through violence or unlawful means, or refuse to uphold
and adhere to this Constitution, or which are supported by any foreign
The bill shall become a law if the President shall fail to act upon it within 30 government shall likewise be refused registration.
days after the date of receipt thereof. 5. Financial contributions from foreign governments and their agencies to
political parties, organizations, coalitions, or candidates related to elections,
State Policy on Family constitute interference in national affairs, and, when accepted, shall be an
additional ground for the cancellation of their registration with the
Article II. Section 12. The State recognizes the sanctity of family life and Commission, in addition to other penalties that may be prescribed by law.
shall protect and strengthen the family as a basic autonomous social 6. File, upon a verified complaint, or on its own initiative, petitions in court for
institution. It shall equally protect the life of the mother and the life of the inclusion or exclusion of voters; investigate and, where appropriate,
unborn from conception. The natural and primary right and duty of parents in prosecute cases of violations of election laws, including acts or omissions
the rearing of the youth for civic efficiency and the development of moral constituting election frauds, offenses, and malpractices.
character shall receive the support of the Government. 7. Recommend to the Congress effective measures to minimize election
spending, including limitation of places where propaganda materials shall be
posted, and to prevent and penalize all forms of election frauds, offenses,
Powers of COMELEC (CC-DD(R)-F-FR-RS) Come Closer Damn Daddy malpractices, and nuisance candidacies.
(Rawr!); Finished; First Round; Resume Sexytime 8. Recommend to the President the removal of any officer or employee it
has deputized, or the imposition of any other disciplinary action, for violation
Mandated Functions or disregard of, or disobedience to, its directive, order, or decision.
The Commission on Elections shall exercise the following powers and 9. Submit to the President and the Congress, a comprehensive report on
functions: the conduct of each election, plebiscite, initiative, referendum, or recall.
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(e) All cases in which only an error or question of law is involved. (Art. VIII,
Exclusive Original Jurisdiction of Supreme Court §5(1), (2))
It exercises original jurisdiction (cases are directly filed with the SC in the How often are legislative districts fixed? What parameters
first instance without passing through any of the lower courts) over cases
affecting ambassadors, other public ministers and consuls, and over
petitions for certiorari, prohibition, mandamus, quo warranto, and habeas Within three years following the return of every census, the Congress
corpus. (Art. VIII, §5(1)). It also has original jurisdiction over writs of amparo, shall make a reapportionment of legislative districts based on the standards
habeas data and the environmental writ of kalikasan. provided in this section.
Exclusive Appellate Jurisdiction of SC (Cv-LJ-RQ) Call Violet; Look for ARTICLE X. SECTION 4. The President of the Philippines shall exercise
Janine; Revalida Queens general supervision over local governments. Provinces with respect to
component cities and municipalities, and cities and municipalities with
It exercises appellate jurisdiction to review, revise, reverse, modify, or affirm respect to component barangays shall ensure that the acts of their
final judgments, and orders of the lower courts in: component units are within the scope of their prescribed powers and
functions.
(a) All cases in which the constitutionality or validity of any treaty,
international or executive agreement, law, presidential decree, proclamation,
order, instruction, ordinance, or regulation is in question. Can President suspend a Municipal Mayor / place Mayor under
(b) All cases involving the legality of any tax, impost, assessment, or toll, or preventive suspension? Who has this power?
any penalty imposed in relation thereto.
The Local Government Code of the Philippines
(c) All cases in which the jurisdiction of any lower court is in issue.
SEC. 63. Preventive Suspension. –
(d) All criminal cases in which the penalty imposed is reclusion perpetua or
higher. (a) Preventive suspension may be imposed:
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(1) By the President, if the respondent is an elective official of a province, a Provide assistance towards legislation regarding local governments, law
highly urbanized or an independent component city; enforcement and public safety;
(2) By the governor, if the respondent is an elective official of a component Establish and prescribe plans, policies, programs and projects to promote
city or municipality; or peace and order, ensure public safety and further strengthen the
administrative, technical and fiscal capabilities of local government offices
(3) By the mayor, if the respondent is an elective official of the barangay. and personnel;
(b) Preventive suspension may be imposed at any time after the issues Formulate plans, policies and programs which will meet local emergencies
are joined, when the evidence of guilt is strong, and given the gravity arising from natural and man-made disasters;
of the offense, there is great probability that the continuance in office
of the respondent could influence the witnesses or pose a threat to the Establish a system of coordination and cooperation among the citizenry,
safety and integrity of the records and other evidence: Provided, That, local executives and the Department, to ensure effective and efficient
any single preventive suspension of local elective officials shall not extend delivery of basic services to the public;
beyond sixty (60) days: Provided, further, That in the event that several
administrative cases are filed against an elective official, he cannot be Organize, train and equip primarily for the performance of police functions, a
preventively suspended for more than ninety (90) days within a single police force that is national in scope and civilian in character.
year on the same ground or grounds existing and known at the time of
the first suspension.
State Policy on Education
(c) Upon expiration of the preventive suspension, the suspended
elective official shall be deemed reinstated in office without prejudice
to the continuation of the proceedings against him, which shall be Article II. SECTION 17. The State shall give priority to education, science
terminated within one hundred twenty (120) days from the time he was and technology, arts, culture, and sports to foster patriotism and nationalism,
formally notified of the case against him. However, if the delay in the accelerate social progress, and promote total human liberation and
proceedings of the case is due to his fault, neglect, or request, other than the development.
appeal duly filed, the duration of such delay shall not be counted in
computing the time of termination of the case.
Emergency Powers of the President (Art VI, Sec 23(2))
(d) Any abuse of the exercise of the power of preventive suspension shall be
penalized as abuse of authority.
SECTION 23. (2) In times of war or other national emergency, the Congress
may, by law, authorize the President, for a limited period and subject to such
restrictions as it may prescribe, to exercise powers necessary and proper to
Extent of power of DILG? carry out a declared national policy. Unless sooner withdrawn by resolution
of the Congress, such powers shall cease upon the next adjournment
Assist the President in the exercise of general supervision over local thereof.
governments;
Conditions for the exercise of such powers: (W-L-LP-N-R)
Advise the President in the promulgation of policies, rules, regulations and
other issuances on the general supervision over local governments and on a. There must be a WAR or national emergency;
public order and safety; b. There must be a LAW authorizing the President to exercise EP;
c. Exercise must be for a LIMITED PERIOD;
Establish and prescribe rules, regulations and other issuances
d. Exercise must be NECESSARY and proper to carry out a declared
implementing laws on public order and safety, the general supervision over
national policy;
local governments and the promotion of local autonomy and community e. Must be subject to RESTRICTIONS that Congress may provide.
empowerment and monitor compliance thereof;
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President transmits written declaration Vice President shall discharge such powers
State Policy on Public Service Sec. 27 to Senate President that he is unable to and duties as “Acting President” until
discharge the powers and duties of his President transmits a written letter to the
SECTION 27. The State shall maintain honesty and integrity in the public office contrary
service and take positive and effective measures against graft and
corruption
Majority of all the members of the Vice President shall discharge such powers
Cabinet transmits written declaration to and duties as “Acting President”
Rules in Presidential Succession Senate President and the Speaker that
the President is unable to discharge the If President transmits his written declaration
powers and duties of his office that no inability exists, he shall reassume
VACANCY AT THE BEGINNING OF THE TERM his powers
Arriba, Bandiola, Cancio, Cuadra, Del Rosario, Hernandez, Matibag, Najarro, Santiago, Siaton, Tamonte | 11
Ombudsman, or as Secretaries, Undersecretaries, chairmen or heads
What happens if VP assumes Presidency? What happens if NO VP? of bureaus or offices, including government-owned or controlled
corporations and their subsidiaries.
Please refer to the table above --
State Policy on Civilian Supremacy
Art VII, Sec 10. SECTION 10. The Congress shall, at ten o’clock in the SECTION 3. Civilian authority is, at all times, supreme over the military. The
morning of the third day after the vacancy in the offices of the President and Armed Forces of the Philippines is the protector of the people and the State.
Vice-President occurs, convene in accordance with its rules without need of Its goal is to secure the sovereignty of the State and the integrity of the
a call and within seven days enact a law calling for a special election to national territory.
elect a President and a Vice-President to be held not earlier than forty-
five days nor later than sixty days from the time of such call. The bill
calling such special election shall be deemed certified under paragraph 2, How Party-List System works under Republic Act 7941
Section 26, Article VI of this Constitution and shall become law upon its
approval on third reading by the Congress. Appropriations for the special RA 7941 PARTY LIST MECHANISM: Mechanism of proportional
election shall be charged against any current appropriations and shall be representation in the election of representatives to the House of
exempt from the requirements of paragraph 4, Section 25, Article VI of this Representatives from national, regional and sectoral parties or
Constitution. The convening of the Congress cannot be suspended nor the organizations or coalitions thereof registered with the COMELEC
special election postponed. No special election shall be called if the vacancy
occurs within eighteen months before the date of the next presidential Requisites/Documents:
election. (1) Register by filing a Petition stating its desire to participate in the
party list system
Incorporation Theory
a. Verified by its President
b. Not later than 90 days before the election
The incorporation theory mandates that the Philippines is bound by generally (2) If already registered, file a Manifestation of desire to participate in
accepted principles of international law which automatically form part of
the party list system
Philippine law by operation of the Constitution.
a. Not later than 90 days before the election
The spouse and relatives by consanguinity or affinity within the fourth Appointing Power of the President (Art VII, Sec 16)
civil degree of the President shall not during his tenure be appointed
as members of the Constitutional Commissions, or the Office of the
Arriba, Bandiola, Cancio, Cuadra, Del Rosario, Hernandez, Matibag, Najarro, Santiago, Siaton, Tamonte | 12
SECTION 16. The President shall nominate and, with the consent of the
Commission on Appointments, appoint the heads of the executive SECTION 5. The Commission shall enjoy fiscal autonomy. Their approved
departments, ambassadors, other public ministers and consuls, or officers of annual appropriations shall be automatically and regularly released.
the armed forces from the rank of colonel or naval captain, and other officers
whose appointments are vested in him in this Constitution. He shall also SECTION 6. Each Commission en banc may promulgate its own rules
appoint all other officers of the Government whose appointments are not concerning pleadings and practice before it or before any of its offices. Such
otherwise provided for by law, and those whom he may be authorized by law rules however shall not diminish, increase, or modify substantive rights.
to appoint. The Congress may, by law, vest the appointment of other officers
lower in rank in the President alone, in the courts, or in the heads of SECTION 7. Each Commission shall decide by a majority vote of all its
departments, agencies, commissions, or boards. Members any case or matter brought before it within sixty days from the
date of its submission for decision or resolution. A case or matter is deemed
The President shall have the power to make appointments during the recess submitted for decision or resolution upon the filing of the last pleading, brief,
of the Congress, whether voluntary or compulsory, but such appointments or memorandum required by the rules of the Commission or by the
shall be effective only until after disapproval by the Commission on Commission itself. Unless otherwise provided by this Constitution or by law,
Appointments or until the next adjournment of the Congress. (Read MemAid, any decision, order, or ruling of each Commission may be brought to the
page 43-46) Supreme Court on certiorari by the aggrieved party within thirty days from
receipt of a copy thereof.
State Policy on Education
SECTION 8. Each Commission shall perform such other functions as may
be provided by law.
SECTION 17. The State shall give priority to education, science and
technology, arts, culture, and sports to foster patriotism and nationalism,
accelerate social progress, and promote total human liberation and How are Constitutional Commissioners/members removed from office?
development.
Article XI, SECTION 2. The President, the Vice-President, the Members of
the Supreme Court, the Members of the Constitutional Commissions,
General Provisions on ConComs (Art IX-A) and the Ombudsman may be removed from office, on IMPEACHMENT for,
and conviction of, culpable violation of the Constitution, treason, bribery,
SECTION 1. The Constitutional Commissions, which shall be independent, graft and corruption, other high crimes, or betrayal of public trust. All other
are the Civil Service Commission, the Commission on Elections, and the public officers and employees may be removed from office as provided by
Commission on Audit. law, but not by impeachment.
SECTION 2. No Member of a Constitutional Commission shall, during his
tenure, hold any other office or employment. Neither shall he engage in the Art. IX-A Sec 7
practice of any profession or in the active management or control of any
business which in any way be affected by the functions of his office, nor shall SECTION 7. Each Commission shall decide by a majority vote of all its
he be financially interested, directly or indirectly, in any contract with, or in Members any case or matter brought before it within sixty days from
any franchise or privilege granted by the Government, any of its the date of its submission for decision or resolution. A case or matter is
subdivisions, agencies, or instrumentalities, including government-owned or deemed submitted for decision or resolution upon the filing of the last
controlled corporations or their subsidiaries. pleading, brief, or memorandum required by the rules of the Commission or
by the Commission itself. Unless otherwise provided by this Constitution or
SECTION 3. The salary of the Chairman and the Commissioners shall be by law, any decision, order, or ruling of each Commission may be brought to
fixed by law and shall not be decreased during their tenure. the Supreme Court on certiorari by the aggrieved party within thirty days
from receipt of a copy thereof.
SECTION 4. The Constitutional Commissions shall appoint their officials
and employees in accordance with law.
Arriba, Bandiola, Cancio, Cuadra, Del Rosario, Hernandez, Matibag, Najarro, Santiago, Siaton, Tamonte | 13
2. No law shall be made respecting an establishment of religion or
Oversight Power of Congress prohibiting the free exercise thereof
Arriba, Bandiola, Cancio, Cuadra, Del Rosario, Hernandez, Matibag, Najarro, Santiago, Siaton, Tamonte | 14
b. 3 readings on separate days, printed copies of the bill in its final form must Limitations on Legislative Process in Appropriation Bills (ART VI, Sec
be distributed to the members 3 days before its passage EXCEPT WHEN 24-25)
THE PRESIDENT CERTIFIES ITS IMMEDIATE ENACTMENT DUE TO
PUBLIC CALAMITY OR EMERGENCY SECTION 24. All appropriation, revenue or tariff bills, bills authorizing
increase of the public debt, bills of local application, and private bills
c. Appropriations, reveue and tariff bills, bills authorizing the increase of
shall originate exclusively in the House of Representatives, but the
public debt, bills of local application and private bills shall exclusively
Senate may propose or concur with amendments.
originate in the House of Representatives
SECTION 25. (1) The Congress may not increase the appropriations
State Policy on Family
recommended by the President for the operation of the Government as
specified in the budget. The form, content, and manner of preparation of the
SECTION 12, Article II: The State recognizes the sanctity of family life and budget shall be prescribed by law.
shall protect and strengthen the family as a basic autonomous social
institution. It shall equally protect the life of the mother and the life of the (2) No provision or enactment shall be embraced in the general
unborn from conception. The natural and primary right and duty of parents in appropriations bill unless it relates specifically to some particular
the rearing of the youth for civic efficiency and the development of moral appropriation therein. Any such provision or enactment shall be limited in
character shall receive the support of the Government. its operation to the appropriation to which it relates.
Arriba, Bandiola, Cancio, Cuadra, Del Rosario, Hernandez, Matibag, Najarro, Santiago, Siaton, Tamonte | 15
1. Approval of Bill (2) No bill passed by either House shall become a law unless it has passed
a. He Signs it three readings on separate days, and printed copies thereof in its final form
2. President Vetoes it have been distributed to its Members three days before its passage, except
a. Return the same with objections to the House where it when the President certifies to the necessity of its immediate enactment to
originated, House will enter objections at large in its journal meet a public calamity or emergency. Upon the last reading of a bill, no
3. Congress overrides the veto amendment thereto shall be allowed, and the vote thereon shall be taken
a. By 2/3 of all members of Congress immediately thereafter, and the yeas and nays entered in the Journal.
SECTION 27. (1) Every bill passed by the Congress shall, before it becomes
a law, be presented to the President. If he approves the same, he shall sign Can the 3 readings of revenue bills be dispensed with?
it; otherwise, he shall veto it and return the same with his objections to the
House where it originated, which shall enter the objections at large in its Yes, provided that the President certifies its immediate enactment to
Journal and proceed to reconsider it. If, after such reconsideration, two- meet a public calamity or emergency. (Tolentino vs Secretary of Finance)
thirds of all the Members of such House shall agree to pass the bill, it shall
be sent, together with the objections, to the other House by which it shall Section 26, Article VI: (2) No bill passed by either House shall become a law
likewise be reconsidered, and if approved by two-thirds of all the Members of unless it has passed three readings on separate days, and printed copies
that House, it shall become a law. In all such cases, the votes of each House thereof in its final form have been distributed to its Members three days
shall be determined by yeas or nays, and the names of the Members voting before its passage, except when the President certifies to the necessity of its
for or against shall be entered in its Journal. The President shall immediate enactment to meet a public calamity or emergency. Upon the last
communicate his veto of any bill to the House where it originated within thirty reading of a bill, no amendment thereto shall be allowed, and the vote
days after the date of receipt thereof; otherwise, it shall become a law as if thereon shall be taken immediately thereafter, and the yeas and nays
he had signed it. entered in the Journal.
(2) The President shall have the power to veto any particular item or items in
an appropriation, revenue, or tariff bill, but the veto shall not affect the item Can printed copies in its final form WITH respect to revenue bills be
or items to which he does not object. dispensed with?
Section 26, Article VI: (2) No bill passed by either House shall become a law
Section, 6 Article II: The separation of Church and State shall be inviolable.
unless it has passed three readings on separate days, and printed copies
thereof in its final form have been distributed to its Members three days
before its passage, except when the President certifies to the necessity of its
Legislative Process on Enactment of Revenue Bills immediate enactment to meet a public calamity or emergency. Upon the last
(Art VI, Sec 24, 26) reading of a bill, no amendment thereto shall be allowed, and the vote
thereon shall be taken immediately thereafter, and the yeas and nays
SECTION 24. All appropriation, revenue or tariff bills, bills authorizing entered in the Journal.
increase of the public debt, bills of local application, and private bills shall
originate exclusively in the House of Representatives, but the Senate may
propose or concur with amendments. Military Power of the President (Art VII, Sec 18)
SECTION 26. (1) Every bill passed by the Congress shall embrace only one
subject which shall be expressed in the title thereof.
Arriba, Bandiola, Cancio, Cuadra, Del Rosario, Hernandez, Matibag, Najarro, Santiago, Siaton, Tamonte | 16
SECTION 18. The President shall be the Commander-in-Chief of all armed
forces of the Philippines and whenever it becomes necessary, he may call Residual Powers of the President
out such armed forces to prevent or suppress lawless violence,
invasion or rebellion. In case of invasion or rebellion, when the public
safety requires it, he may, for a period not exceeding sixty days, suspend the The request or demand of the Marcoses to be allowed to return to the
privilege of the writ of habeas corpus or place the Philippines or any part Philippines cannot be considered in the light solely of the constitutional
thereof under martial law. Within forty-eight hours from the proclamation of provisions guaranteeing liberty of abode and the right to travel, subject to
martial law or the suspension of the privilege of the writ of habeas corpus, certain exceptions, or of case law which clearly never contemplated
the President shall submit a report in person or in writing to the Congress. situations even remotely similar to the present one. It must be treated as a
The Congress, voting jointly, by a vote of at least a majority of all its matter that is appropriately addressed to those residual unstated powers
Members in regular or special session, may revoke such proclamation or of the President which are implicit in and correlative to the paramount duty
suspension, which revocation shall not be set aside by the President. Upon residing in that office to safeguard and protect general welfare. In that
the initiative of the President, the Congress may, in the same manner, context, such request or demand should submit to the exercise of a broader
extend such proclamation or suspension for a period to be determined by discretion on the part of the President to determine whether it must be
the Congress, if the invasion or rebellion shall persist and public safety granted or denied. The power involved is the President's residual power
requires it. to protect the general welfare of the people. It is founded on the duty of
the President, as steward of the people. To paraphrase Theodore
Roosevelt, it is not only the power of the President but also his duty to do
State Policy on Family anything not forbidden by the Constitution or the laws that the needs of the
nation demand. The President is not only clothed with extraordinary powers
in times of emergency, but is also tasked with attending to the day-to-day
SECTION 12. The State recognizes the sanctity of family life and shall problems of maintaining peace and order and ensuring domestic
protect and strengthen the family as a basic autonomous social institution. It tranquillity… (Marcos v. Manglapus)
shall equally protect the life of the mother and the life of the unborn from
conception. The natural and primary right and duty of parents in the rearing
of the youth for civic efficiency and the development of moral character shall When can President exercise Emergency Powers? Art VI, Sec 28 (2)
receive the support of the Government.
SEC. 23. (1) The Congress, by a vote of two-thirds of both Houses in joint
State Policy on Education session assembled, voting separately, shall have the sole power to declare
the existence of a state of war.
SECTION 17. The State shall give priority to education, science and (2) In times of war or other national emergency, the Congress may, by
technology, arts, culture, and sports to foster patriotism and nationalism, law, authorize the President, for a limited period and subject to such
accelerate social progress, and promote total human liberation and restrictions as it may prescribe, to exercise powers necessary and proper
development. to carry out a declared national policy. Unless sooner withdrawn by
resolution of the Congress, such powers shall cease upon the next
adjournment thereof.
State Policy on Foreign Policy
Constitutional provisions on Separation of Powers among 3 branches
SECTION 7. The State shall pursue an independent foreign policy. In its of Government? Art VI, Sec 1, Art VII, Sec 1, Art VIII, Sec 1 &2
relations with other states the paramount consideration shall be national
sovereignty, territorial integrity, national interest, and the right to self-
SECTION 1. The legislative power shall be vested in the Congress of the
determination.
Philippines which shall consist of a Senate and a House of
Arriba, Bandiola, Cancio, Cuadra, Del Rosario, Hernandez, Matibag, Najarro, Santiago, Siaton, Tamonte | 17
Representatives, except to the extent reserved to the people by the Effect if President certifies bill as a bill of local application? Can
provision on initiative and referendum. process be shortened?
Legislative Process on Bills of Local Application? Art VI, Sec 24; Art VI, The phrase "except when the President certifies to the necessity of its
Sec 26, 27 immediate enactment, etc." in Art. VI, § 26 (2) qualifies not only the
requirement that "printed copies [of a bill] in its final form [must be]
SECTION 24. All appropriation, revenue or tariff bills, bills authorizing distributed to the members three days before its passage" but also the
increase of the public debt, bills of local application, and private bills shall requirement that before a bill can become a law it must have passed "three
originate exclusively in the House of Representatives, but the Senate readings on separate days." This exception is based on the prudential
may propose or concur with amendments. consideration that if in all cases three readings on separate days are
required and a bill has to be printed in final form before it can be
SECTION 26. (1) Every bill passed by the Congress shall embrace only one passed, the need for a law may be rendered academic by the
subject which shall be expressed in the title thereof. occurrence of the very emergency or public calamity which it is meant
to address.
(2) No bill passed by either House shall become a law unless it has passed
three readings on separate days, and printed copies thereof in its final
form have been distributed to its Members three days before its “Simultaneously” OR “Successively” read by House? ~ Bills
passage, except when the President certifies to the necessity of its
immediate enactment to meet a public calamity or emergency. Upon the last
Successive. After the bill is approved on Third Reading, it will be submitted
reading of a bill, no amendment thereto shall be allowed, and the vote
to the House of Representatives for consideration. A bill passed by the
thereon shall be taken immediately thereafter, and the yeas and nays
Senate and transmitted to the House usually goes to a committee, unless a
entered in the Journal.
House bill on the same subject has already been reported out by the
appropriate committee and placed on the calendar.
SECTION 27. (1) Every bill passed by the Congress shall, before it becomes
a law, be presented to the President. If he approves the same, he shall
Under normal procedures, therefore, a bill passed by one chamber and
sign it; otherwise, he shall veto it and return the same with his objections to
transmitted to the other is referred to the appropriate committee, from which
the House where it originated, which shall enter the objections at large in its
it must follow the same route to passage as a bill originating from that
Journal and proceed to reconsider it. If, after such reconsideration, two-
chamber.
thirds of all the Members of such House shall agree to pass the bill, it shall
be sent, together with the objections, to the other House by which it shall
likewise be reconsidered, and if approved by two-thirds of all the Members of
Limitations on Legislative Powers of Congress:
that House, it shall become a law. In all such cases, the votes of each House
shall be determined by yeas or nays, and the names of the Members voting
for or against shall be entered in its Journal. The President shall 1. Substantive
communicate his veto of any bill to the House where it originated
within thirty days after the date of receipt thereof; otherwise, it shall a. Express
become a law as if he had signed it.
i. Bill of Rights
Arriba, Bandiola, Cancio, Cuadra, Del Rosario, Hernandez, Matibag, Najarro, Santiago, Siaton, Tamonte | 18
1. No law shall be passed abridging freedom of speech, of expression a. One subject, one title
2. No law shall be made respecting an establishment of religion or b. 3 readings on separate days, printed copies of the bill in its final form must
prohibiting the free exercise thereof be distributed to the members 3 days before its passage EXCEPT WHEN
THE PRESIDENT CERTIFIES ITS IMMEDIATE ENACTMENT DUE TO
3. No law impairing the obligations of contracts shall be passed PUBLIC CALAMITY OR EMERGENCY
4. No ex-post facto law or bill of attainder shall be enacted c. Appropriations, reveue and tariff bills, bills authorizing the increase of
public debt, bills of local application and private bills shall exclusively
ii. On Appropriations
originate in the House of Representatives
1. The procedure in approving appropriations shall strictly follow the
procedure for approving appropriations for other departments or
agencies Bill of Attainder define. Example?
2. Prohibitions against use of public money or property for religious A bill of attainder is a legislative act which inflicts punishment without a trial
purpose
Arriba, Bandiola, Cancio, Cuadra, Del Rosario, Hernandez, Matibag, Najarro, Santiago, Siaton, Tamonte | 19
3. Only persons who have given their consent in writing may be named INQUIRY IN AID OF LEGISLATION (Art VI, Sec 21)
in the list
Section 21, Article VI: The Senate or the House of Representatives or any
4. The list shall not include any candidate for any elective office or a of its respective committees may conduct inquiries in aid of legislation in
person who lost his bid for an elective office in the immediately preceding accordance with its duly published rules of procedure. The rights of persons
election appearing in or affected by such inquiries shall be respected.
5. No change of names or alteration of the order of nominees shall be Is this inquiry an ABSOLUTE Power of Congress?
allowed after the same shall have been submitted to the COMELEC except:
The power of Congress to conduct inquiries in aid of legislation
a. When the nominee withdraws in writing his nomination
encompasses everything that concerns the administration of existing
b. When the nominee becomes incapacitated in which case the name of laws, as well as proposed or possibly needed statutes. It even extends
the substitute nominee shall be placed last in the list to government agencies created by Congress and officers whose positions
are within the power of Congress to regulate or abolish. A mere provision of
c. When the nominee dies law cannot pose a limitation to the broad power of Congress in the absence
of any constitutional basis.
6. Incumbent sectoral representatives in the House of Representatives
who are nominated in the party list system shall not be considered resigned Can President COMPEL Executive Officials to seek his consent first
before appearing before Congress in ~to this inquiry?
Every voter shall be entitled to at least 2 votes:
1. One vote for the representative of legislative district YES with reservations. In this case, a distinction was made between
2. One vote for the party, organization or coalition he wants represented inquiries in aid of legislation and the question hour. While attendance was
meant to be discretionary in the question hour, it was compulsory in
Four Parameters inquiries in aid of legislation.
1. 20% Allocation: 20% of the total number of the House of In the case of Senate of the Phils. vs. Ermita, it was held that although the
Representatives is the maximum number of seats available to party list Congress power of inquiry is expressly recognized in Section 21 of Article VI
organizations of the Constitution, even where the inquiry is in aid of legislation, there are
still recognized exemptions which fall under the rubric of "executive
2. Two percenters: Guaranteed 1 seat for party lists garnering at least privilege." Executive Privilege is the power of the Government to withhold
2% of the total votes cast information from the public, the courts, and the Congress.
3. Proportional representation: The remaining seats will be allocated in Executive privilege is recognized only in relation to certain types of
proportion to their total votes until all seats are allocated information of a sensitive character. There is no recognition that executive
officials are exempt from the duty to disclose information by the mere fact of
4. Three seat cap: Each qualified party regardless of the number of votes being executive officials. The extraordinary character of the exemptions
it actually obtained is entitled to a maximum of 3 seats indicates that the presumption inclines heavily against executive secrecy
and in favor of disclosure.
INSTANCE WHEN LESS THAN 2% PARTY LIST STILL GUARANTEED A
SEAT? If there is a claim of executive privilege, it must be accompanied by a
specific allegation of the basis thereof. Congress has the right to know
Even if a party list failed to obtain 2% of the total votes cast, if there are why the executive considers the requested information privileged. It
remaining seats to be allocated, there are 2 steps. First, the percentage is does not suffice to merely declare that the President has determined that it is
multiplied by the remaining available seats. Second, assign 1 party list to so. A claim of privilege must be clearly asserted. BUT, Congress must not
each of the parties next in rank until all are distributed. require the executive to state the reasons for the claim with such particularity
Arriba, Bandiola, Cancio, Cuadra, Del Rosario, Hernandez, Matibag, Najarro, Santiago, Siaton, Tamonte | 20
as to compel disclosure of the information which the privilege is meant to c. Exercise must be for a limited period
protect.
d. Exercise must be necessary and proper to carry out a declared
IN SHORT: If inquiry is for question hour, the consent of the President national policy
for attendance is needed. If inquiry is in aid of legislation, the
attendance is compulsory. BUT the President can invoke executive e. Must be subject to restrictions that Congress may provide
privilege and if the executive branch withholds such information on the
ground that it is privileged, it must so assert it and state the reason
Calling-Out Power of the President
therefor and why it must be respected.
Section 18 of Article VII: The President shall be the Commander-in-Chief of
all Armed Forces of the Philippines and whenever it becomes necessary, he
Oversight Power of Congress may call out such armed forces to prevent or suppress lawless
violence, invasion or rebellion. This involves ordinary police action. But
Section 22, Article VI: The heads of departments may upon their own every act that goes beyond the President’s calling-out power is considered
initiative, with the consent of the President, or upon the request of either illegal or ultra vires.
House, as the rules of each House shall provide, appear before and be
heard by such House on any matter pertaining to their departments. When the President calls out the armed forces to suppress lawless violence,
Written questions shall be submitted to the President of the Senate or the rebellion or invasion, he exercises a discretionary power solely vested in his
Speaker of the House of Representatives at least three days before their wisdom. The Court cannot overrule the President’s discretion or
scheduled appearance. Interpellations shall not be limited to written substitute its own. The only criterion is that “whenever it becomes
questions, but may cover matters related thereto. When the security of the necessary”.
State or the public interest so requires and the President so states in
writing, the appearance shall be conducted in executive session.
State Policy on Education
Rationale of Oversight Function: It is intended to enable the Congress to
determine how the laws it has passed are being implemented. Section 17, Article II: The State shall give priority to education, science and
technology, arts, culture, and sports to foster patriotism and nationalism,
accelerate social progress, and promote total human liberation and
EMERGENCY POWERS OF PRESIDENT; When given? Examples? What development.
may be delegated to President?
Section 23, Article VI: The Congress, by a vote of two-thirds of both Houses Rules on Succession: Presidency
in joint session assembled, voting separately, shall have the sole power to
declare the existence of a state of war. In times of war or other national
emergency, the Congress may, by law, authorize the President, for a limited
period and subject to such restrictions as it may prescribe, to exercise VACANCY AT THE BEGINNING OF THE TERM
powers necessary and proper to carry out a declared national policy. Unless
sooner withdrawn by resolution of the Congress, such powers shall cease Death VP shall become President
upon the next adjournment thereof. Permanent Disability
a. There must be a War or National Emergency President elect fails to qualify VP shall act as President until the
President-elect has qualified
b. There must be a Law authorizing the President to exercise emergency
powers
Arriba, Bandiola, Cancio, Cuadra, Del Rosario, Hernandez, Matibag, Najarro, Santiago, Siaton, Tamonte | 21
President shall not have been chosen VP shall act as President until the Majority of all the members of the Vice President shall discharge such powers
President-elect has been chosen and Cabinet transmits written declaration to and duties as “Acting President”
qualified Senate President and the Speaker that
the President is unable to discharge the If President transmits his written declaration
No President/ No VP because: Senate President shall act as President powers and duties of his office that no inability exists, he shall reassume
Both not qualified; until a President or VP shall have been his powers
Both died/ permanently disabled chosen and qualified;
If within 5 days, the majority of the
If Senate President is unable, Speaker of members of the Cabinet transmit written
the House shall act as President declaration to Senate President and
Speaker that President is unable to
discharge his powers and duties, Congress
VACANCY DURING THE TERM
shall decide the issue
Permanent Disability VP shall become President Congress will convene if in session; If not in
Removal from Office session, convene within 48 hours
Resignation If VP also PRRD? Senate President shall * If in session, decide within 10 days
Death act as President until a President or VP * If not in session, decide within 12 days
shall have been chosen and qualified * Congress will vote separately
* If by vote of 2/3, they decide that
If Senate President is unable, Speaker of President is unable, Vice President shall
the House shall act as President act as President
* If no 2/3 vote, President shall continue to
exercise his powers and duties
TEMPORARY DISABILITY
IN CASE OF VACANCY IN THE OFFICE OF P AND VP
President transmits written declaration Vice President shall discharge such powers
to Senate President that he is unable to and duties as “Acting President” until 10am of the 3rd day after the vacancy Congress shall convene and enact a law
discharge the powers and duties of his President transmits a written letter to the occurs within 7 days calling for a special election
office contrary to elect a President and VP
Arriba, Bandiola, Cancio, Cuadra, Del Rosario, Hernandez, Matibag, Najarro, Santiago, Siaton, Tamonte | 22
land and adheres to the policy of peace, equality, justice, freedom,
cooperation, and amity with all nations. Impeachment Process
a. VERIFIED COMPLAINT filed by: (1) A member of the HoR or (2) Any
State Policy on Education
citizen upon a resolution of endorsement by a member of the HoR;
SECTION 17. The State shall give priority to education, science and
b. The complaint is included in the ORDER OF BUSINESS within 10
technology, arts, culture, and sports to foster patriotism and nationalism,
session days;
accelerate social progress, and promote total human liberation and
development.
c. Referred to the proper COMMITTEE (Committee on Justice) within 3
Executive Clemencies session days thereafter;
Reprieves – postpones the execution of an offense to a day certain; d. The committee after hearing, and by a majority vote of ALL its
Commutation – a remission of a part of the punishment; a substitution of a members, shall submit its REPORT to the House within 60 session days
less penalty for the one originally imposed; from such referral, together with the corresponding resolution;
Remission of fines and forfeitures – it merely prevents the collection of fines e. Resolution shall be CALENDARED for consideration by the House
or confiscated property; it cannot have the effect of returning property which within 10 session days;
has been vested in third parties or money in the public treasury;
f. 1/3 vote is necessary to AFFIRM a favourable resolution or override a
rd
Parole – release from imprisonment, but without full restoration of liberty, as contrary resolution of the committee;
parolee is in custody of the law although not in confinement;
g. But where the complaint itself was filed by 1/3 of the members of the
rd
Pardon – act of grace which exempts an individual on whom it is bestowed House, there is no need to comply with the preceding steps. It shall
from punishment which the law inflicts for a crime he has committed. constitute the ARTICLES OF IMPEACHMENT;
(Discretionary and may not be controlled by the legislature or reversed by
the court, UNLESS there is a constitutional violation. h. The AoI is TRANSMITTED to the Senate and TRIAL shall proceed
therewith;
Amnesty – commonly denotes a general pardon to rebels for their treason or
other high political offenses, or the forgiveness which one sovereign grants
to the subjects of another, who have offended, by some breach, the law of i. Each Senator shall take an OATH or AFFIRMATION before assuming
nations. their office as Senator-Judges;
Grounds for Impeachment j. WRIT OF SUMMONS shall be issued to the impeached officer directing
him to:
- Appear before the Senate at a fixed date and place;
1. Culpable violation of the Constitution;
- File an answer to the AoI within 10 days. The Prosecutors may file a
2. Treason;
Reply to the answer within 5 days
3. Bribery;
4. Graft and corruption;
5. Other high crimes; k. The Senate sitting as an impeachment court shall be PRESIDED over
6. Betrayal of Public Trust by the Senate President; Exception: if the President is the one being
impeached;
Arriba, Bandiola, Cancio, Cuadra, Del Rosario, Hernandez, Matibag, Najarro, Santiago, Siaton, Tamonte | 23
No treaty or international agreement shall be valid and effective unless
l. Upon the close of the trial, the Senator-judges shall VOTE on each of concurred in by at least 2/3 of all the Members of the Senate. (Article VII,
rd
m. In order to result in a conviction, at least 2/3rds of all members of the The power to ratify is vested in the President, subject to the concurrence of
Senate must CONCUR in one AoI. the Senate. The role of the Senate, however, is limited only to giving or
withholding its consent, or concurrence to the ratification. Hence, it is within
the authority of the President to refuse to submit a treaty to the Senate or
SUBQUESTION: Who will promulgate rules on impeachment? having secured its consent for its ratification, refuse to ratify it. (vested in the
President alone and the courts cannot encroach upon it)
Article XI. Section 3(8) The Congress shall promulgate its rules on
impeachment to effectively carry out the purpose of this section. Other foreign affairs power:
1. The power to make treaties
State Policy on Foreign Troops 2. The power to appoint ambassadors, other public ministers, and consuls
3. The power to receive ambassadors and other public ministers duly
SECTION 7. The State shall pursue an independent foreign policy. In its accredited to the PH;
relations with other states the paramount consideration shall be national 4. Deportation power
sovereignty, territorial integrity, national interest, and the right to self-
determination. PREAMBLE – Purpose?
As observed by Justice Labrador, there is no legal nor constitutional a. Special Appropriation Measure:
provision defining the power to deport aliens because the intention of the law Constitutional Limitation:
is to grant the Chief Executive "full discretion to determine whether an alien's - Must specify the PUBLIC PURPOSE for which the sum is to be intended;
residence in the country is so undesirable as to affect or injure the security, - Must be supported by FUNDS actually available as certified to by the
welfare or interest of the state. The adjudication of facts upon which National Treasurer, or to be raised by a corresponding revenue proposal
deportation is predicated also devolves on the Chief Executive whose included therein.
decision is final and executory." (Tan Tong vs. Deportation Board)
b. General Appropriations Law:
Constitutional Limitation:
- Shall ORIGINATE exclusively in the HoR;
President’s Diplomatic Power
- Congress may not INCREASE the appropriations recommended by the
President for the operation of the government
Arriba, Bandiola, Cancio, Cuadra, Del Rosario, Hernandez, Matibag, Najarro, Santiago, Siaton, Tamonte | 24
- No provision or enactment shall be embraced in the GAB unless it publication and in effect, RA 1797 was never repealed. The Supreme Court
RELATES specifically to some particular appropriation therein; then readjusted their pensions.
- FORM, content and manner of preparation of budget shall be prescribed by
law; Congress took notice of the readjustment and son in the General
- Shall strictly follow the PROCEDURE for approving appropriations for Appropriations Bill (GAB) for 1992, Congress allotted additional budget for
other departments and agencies; pensions of retired justices. Congress however did the allotment in the
- Prohibition against enactment of laws authorizing transfer of appropriations following manner: Congress made an item entitled: “General Fund
(doctrine of AUGMENTATION) Adjustment”; included therein are allotments to unavoidable obligations in
- DISCRETIONARY funds appropriated for particular officials shall be different branches of the government; among such obligations is the
disbursed only for public purpose; allotment for the pensions of retired justices of the judiciary.
- AUTOMATIC re-appropriation;
- Appropriation for SECTARIAN purposes; However, President Aquino again vetoed the said lines which provided for
- General Appropriations Law must be based on the budget prepared by the the pensions of the retired justices in the judiciary in the GAB. She explained
President. that that portion of the GAB is already deemed vetoed when she vetoed H.B.
16297.
c. Implied Limitation:
- Appropriation must be DEVOTED to a public purpose; This prompted Cesar Bengzon and several other retired judges and justices
- The sum authorized to be released must be DETERMINATE or at least to question the constitutionality of the veto made by the President. The
determinable. President was represented by then Executive Secretary Franklin Drilon.
ISSUE: Whether or not the veto of the President on that portion of the
Item Veto General Appropriations bill is constitutional
It is the power of an Executive to veto separate items of a bill without vetoing HELD: No. The Justices of the Court have vested rights to the accrued
the entire bill. Item veto is allowed in case of appropriation, revenue, and pension that is due to them in accordance to Republic Act 1797 which was
tariff bills. never repealed. The president has no power to set aside and override the
decision of the Supreme Court neither does the president have the power to
Bengzon vs. Drilon enact or amend statutes promulgated by her predecessors much less to the
repeal of existing laws.
In 1990, Congress sought to reenact some old laws (i.e. Republic Act No. The Supreme Court also explained that the veto is unconstitutional
1797) that were “repealed” during the time of former President Ferdinand since the power of the president to disapprove any item or items in the
Marcos. These old laws provided certain retirement benefits to retired appropriations bill does not grant the authority to veto part of an item
judges, justices, and members of the constitutional commissions. Congress and to approve the remaining portion of said item. It appears that in the
felt a need to restore these laws in order to standardize retirement benefits same item, the Presidents vetoed some portion of it and retained the others.
among government officials. However, President Corazon Aquino vetoed the This cannot be done. The rule is: the Executive must veto a bill in its entirety
bill (House Bill No. 16297) on the ground that the law should not give or not at all; the Executive must veto an entire line item in its entirety or not
preferential treatment to certain or select government officials. at all. In this case, the president did not veto the entire line item of the
general adjustment fund. She merely vetoed the portion which pertained to
Meanwhile, a group of retired judges and justices filed a petition with the the pensions of the justices but did not veto the other items covering
Supreme Court asking the court to readjust their pensions. They pointed out obligations to the other departments of the government.
that RA 1797 was never repealed (by P.D. No. 644) because the said PD
was one of those unpublished PDs which were subject of the case of State Policy on Foreign Troops
Tañada v. Tuvera. Hence, the repealing law never existed due to non
Arriba, Bandiola, Cancio, Cuadra, Del Rosario, Hernandez, Matibag, Najarro, Santiago, Siaton, Tamonte | 25
SECTION 7. The State shall pursue an independent foreign policy. In its convene, if it is not in session, within forty-eight hours, in accordance with its
relations with other states the paramount consideration shall be national rules and without need of call.
sovereignty, territorial integrity, national interest, and the right to self-
determination. If the Congress, within ten days after receipt of the last written declaration,
or, if not in session, within twelve days after it is required to assemble,
Concurrent Appellate Jurisdiction of Supreme Court determines by a two-thirds vote of both Houses, voting separately, that the
President is unable to discharge the powers and duties of his office, the
Concurrent with Court of Appeals exercising its appellate jurisdiction by way Vice-President shall act as President; otherwise, the President shall continue
of petition for review on certiorari against the RTC on pure questions of law exercising the powers and duties of his office.
(not sure)
Section 12. In case of serious illness of the President, the public shall be
informed of the state of his health. The members of the Cabinet in charge of
national security and foreign relations and the Chief of Staff of the Armed
State Policy on Science
Forces of the Philippines, shall not be denied access to the President during
such illness.
Section 17. The State shall give priority to education, science and
technology, arts, culture, and sports to foster patriotism and nationalism,
accelerate social progress, and promote total human liberation and
development. Constitutional Provisions for Initiative and Referendum
ARTICLE VI
THE LEGISLATIVE DEPARTMENT
PROCESS: Health of President Art VII, Sec 11, 12
Section 1. The legislative power shall be vested in the Congress of the
Art VII, Sec 11, 12 Philippines which shall consist of a Senate and a House of Representatives,
Section 11. Whenever the President transmits to the President of the Senate except to the extent reserved to the people by the provision on initiative and
and the Speaker of the House of Representatives his written declaration referendum.
that he is unable to discharge the powers and duties of his office, and Section 32. The Congress shall, as early as possible, provide for a system of
until he transmits to them a written declaration to the contrary, such powers initiative and referendum, and the exceptions therefrom, whereby the people
and duties shall be discharged by the Vice-President as Acting President. can directly propose and enact laws or approve or reject any act or law or
Whenever a majority of all the Members of the Cabinet transmit to the part thereof passed by the Congress or local legislative body after the
President of the Senate and to the Speaker of the House of Representatives registration of a petition therefor signed by at least ten per centum of the
their written declaration that the President is unable to discharge the powers total number of registered voters, of which every legislative district must be
and duties of his office, the Vice-President shall immediately assume the represented by at least three per centum of the registered voters thereof.
powers and duties of the office as Acting President.
ARTICLE XVII Section 2
Thereafter, when the President transmits to the President of the Senate and Section 2. Amendments to this Constitution may likewise be directly
to the Speaker of the House of Representatives his written declaration that proposed by the people through initiative upon a petition of at least twelve
no inability exists, he shall reassume the powers and duties of his office. per centum of the total number of registered voters, of which every
Meanwhile, should a majority of all the Members of the Cabinet transmit legislative district must be represented by at least three per centum of the
within five days to the President of the Senate and to the Speaker of registered voters therein. No amendment under this section shall be
the House of Representatives, their written declaration that the authorized within five years following the ratification of this Constitution nor
President is unable to discharge the powers and duties of his office, oftener than once every five years thereafter.
the Congress shall decide the issue. For that purpose, the Congress shall
Arriba, Bandiola, Cancio, Cuadra, Del Rosario, Hernandez, Matibag, Najarro, Santiago, Siaton, Tamonte | 26
The Congress shall provide for the implementation of the exercise of this i. The legislation by local governments is not regarded as a
right. transfer of general legislative power, but rather as the grant of the
authority to prescribed local regulations, according to immemorial
practice, subject of course to the interposition of the superior in
Can President in wanting a Parliamentary government be done so cases of necessity.
through Initiative and Referendum?
Emergency Powers of President. What can be delegated?
No, only through Con-Con, Constitutional Convention is a body
organized and convened for the purpose of framing and adopting a
Article VI. Section 23 (2). In times of war or other national emergency, the
new constitution, or of revising and amending the current one. The
Congress may, by law, authorize the President, for a limited period and
delegates of the Constituent body are either chosen or elected by the people
subject to such restrictions as it may prescribe, to exercise powers
as may be provided by law.
necessary and proper to carry out a declared national policy. Unless sooner
withdrawn by resolution of the Congress, such powers shall cease upon the
next adjournment thereof.
Example of Delegation of Powers
Incorporation Theory
a) Delegation to the People at large
i. Through initiative and referendum The incorporation theory mandates that the Philippines is bound by generally
ii. A plebiscite is required in the creation, division, merger, accepted principles of international law which automatically form part of
abolition of province, city, municipality or barangay or the alteration Philippine law by operation of the Constitution.
of its boundary
b) Emergency powers of the President
i. Article VI Section 23 Par (2) “Concurrence of Power” in the Legislative and Executive branch”
In times of war or other national emergency, the Congress may, by
law, authorize the President, for a limited period and subject to The grant of amnesty by the President is subjected to the concurrence
such restrictions as it may prescribe, to exercise powers necessary of a majority of all members of the Congress, Amnesty is an act of grace
and proper to carry out a declared national policy. Unless sooner by the President extended to groups of persons who committed political
withdrawn by resolution of the Congress, such powers shall cease offenses. It requires the concurrence of the legislature and puts into oblivion
upon the next adjournment thereof. the offense itself
c) Tariff powers of the president
i. The Congress may, by law, authorize the President to fix “Blending of Powers”
within specified limits, and subject to such limitations and
restrictions as it may impose, tariff rates, import and export quotas, a) The president prepares a budget and Congress enacts an appropriation
tonnage and wharfage dues, and other duties or imposts within the bill pursuant to that budget
framework of the national development program of the
Government.
d) Delegation to Administrative Bodies b) The president enters into a treaty with foreign countries and the Senate
i. Quasi-Legislative power – the authority delegated by the law ratifies the same
making body to the administrative body to adopt rules and
regulations intended to carry out the provisions of a law and c) The grant of amnesty by the President is subjected to the concurrence of
implement the legislative policy a majority of all members of the Congress
e) Delegation to Local Government Units
Arriba, Bandiola, Cancio, Cuadra, Del Rosario, Hernandez, Matibag, Najarro, Santiago, Siaton, Tamonte | 27
“Separation of Powers” b) Rule of Majority
c) Accountability of Public Officers
Legislative Department is generally limited to the enactment of the law and d) Bill of Rights
not to implementation or interpretation of the same; e) Legislature cannot pass irrepealable laws
f) Separation of powers
Executive Department is generally limited to the implementation of the law
and not to the enactment or interpretation of the same; Accountability of Public Officers
Judicial Department is generally limited to the interpretation and application State Policy on Health
of laws in specific cases and not to the making or implementation of the
same. SECTION 15. The State shall protect and promote the right to health of the
people and instill health consciousness among them.
“Checks and Balances” Appointing Power of the President Art VI, Sec 16
a. President SECTION 16. The President shall nominate and, with the consent of the
i. His approval is required in the law-making power of the congress. He may Commission on Appointments, appoint the heads of the executive
exercise veto power; departments, ambassadors, other public ministers and consuls, or officers of
ii. May nullify a conviction in a criminal case by pardoning the offender the armed forces from the rank of colonel or naval captain, and other officers
whose appointments are vested in him in this Constitution. He shall also
b. Congress appoint all other officers of the Government whose appointments are not
i. May override the veto power of the president may a vote of 2/3 of all the otherwise provided for by law, and those whom he may be authorized by law
members of each house; to appoint. The Congress may, by law, vest the appointment of other officers
ii. Judicial power of trying impeachment cases lower in rank in the President alone, in the courts, or in the heads of
departments, agencies, commissions, or boards.
c. Judiciary The President shall have the power to make appointments during the recess
i. In general, has the power to declare invalid an act done by the Congress, of the Congress, whether voluntary or compulsory, but such appointments
the President and his subordinates, or the Constitutional Commissions shall be effective only until after disapproval by the Commission on
Appointments or until the next adjournment of the Congress. (Read MemAid,
page 43-46)
State Policy on Family
State Policy on Civilian Authority
Section 12. The State recognizes the sanctity of family life and shall protect
and strengthen the family as a basic autonomous social institution. It shall SECTION 3. Civilian authority is, at all times, supreme over the military. The
equally protect the life of the mother and the life of the unborn from Armed Forces of the Philippines is the protector of the people and the State.
conception. The natural and primary right and duty of parents in the rearing Its goal is to secure the sovereignty of the State and the integrity of the
of the youth for civic efficiency and the development of moral character shall national territory.
receive the support of the Government.
State Policy on Religion
Manifestations of Republicanism
a) Ours is a government of law and not of men Section, 6 Article II: The separation of Church and State shall be inviolable.
Arriba, Bandiola, Cancio, Cuadra, Del Rosario, Hernandez, Matibag, Najarro, Santiago, Siaton, Tamonte | 28
Article 1. National Territory
Formalities of a Statute
The national territory of the Philippines comprises:
Concept of Enrolled Bill: Importance
1) The Philippine archipelago;
An enrolled bill is one duly introduced and finally passed by both Houses, 2) All other territories over which the Philippines has sovereignty or
authenticated by the proper officers of each, and approved by the President. jurisdiction;
It is conclusive upon Courts as regards the tenor of the measure
passed by Congress and approved by the President. NOTE:
PHILIPPINE ARCHIPELAGO – that body of water studded with islands
Oath of Office of President which is delineated in the Treaty of Paris (1898), as amended by the
Treaty of Washington (1900) and the Treaty with Great Britain (1930).
Article VII, Sec. 5. Before they enter on the execution of their office, the – consists of its:
President, VP, or the Acting President shall take the oath or affirmation. a) Terrestrial
b) Fluvial
Treaty Making Power of President c) Aerial domains
No treaty or international agreement shall be valid and effective unless – including its
concurred in by at least 2/3 of all the Members of the Senate. (Article VII,
rd a) Territorial sea
Sec. 21) b) The seabed
c) The subsoil
d) The insular shelves; and
The power to ratify is vested in the President, subject to the concurrence of e) The other submarine areas
the Senate. The role of the Senate, however, is limited only to giving or
withholding its consent, or concurrence to the ratification. Hence, it is within
the authority of the President to refuse to submit a treaty to the Senate or INTERNAL WATERS – the waters Around, Between and Connecting (ABC)
having secured its consent for its ratification, refuse to ratify it. (vested in the the islands of the archipelago, regardless of their breadth and dimensions.
President alone and the courts cannot encroach upon it)
ALL OTHER TERRITORIES OVER WHICH THE PHILIPPINES HAS
Other foreign affairs power: SOVEREIGNTY OR JURISDICTION – includes any territory that presently
1. The power to make treaties belongs or might in the future belong to the Philippines through any of the
2. The power to appoint ambassadors, other public ministers, and consuls accepted international modes of acquiring territory.
3. The power to receive ambassadors and other public ministers duly
accredited to the PH; ARCHIPELAGIC PRINCIPLE
4. Deportation power Two elements:
1. The definition of internal waters;
State Policy on Posse Comitatus 2. The straight baseline method of delineating the territorial sea – consists of
drawing straight lines connecting the outermost points on the coast without
SECTION 4. The prime duty of the Government is to serve and protect the departing to any appreciable extent from the general direction of the coast.
people. The Government may call upon the people to defend the State and,
in the fulfillment thereof, all citizens may be required, under conditions IMPORTANT DISTANCES with respect to the waters around the
provided by law, to render personal military or civil service. Philippines:
Arriba, Bandiola, Cancio, Cuadra, Del Rosario, Hernandez, Matibag, Najarro, Santiago, Siaton, Tamonte | 29
-Territorial Sea - 12 nautical miles (n.m.) c. The power to determine the rules of its proceedings
-Contiguous Zone - 12 n.m. from the edge of the territorial sea
-Exclusive Economic Zone - 200 n.m. from the baseline [includes T.S. and State Policy on Religion
C.Z.]
Section, 6 Article II: The separation of Church and State shall be inviolable.
NOTE: There can be a Continental Shelf without an EEZ, but not an EEZ
without a Continental Shelf.
Creation of Legislative Districts
TERRITORIAL SEA: The belt of the sea located between the coast and The House of Representatives shall be composed of not more than two
internal waters of the coastal state on the one hand, and the high seas on hundred and fifty members, unless otherwise fixed by law, who shall be
the other, extending up to 12 nautical miles from the low water mark. elected from legislative districts apportioned among the provinces, cities,
and the Metropolitan Manila area in accordance with the number of their
respective inhabitants, and on the basis of a uniform and progressive ratio,
CONTIGUOUS ZONE: Extends up to 12 nautical miles from the territorial and those who, as provided by law, shall be elected through a party-list
sea. Although not part of the territory, the coastal State may exercise system of registered national, regional, and sectoral parties or organizations.
jurisdiction to prevent infringement of customs, fiscal, immigration or sanitary
laws. Each legislative district shall comprise, as far as practicable, contiguous,
compact, and adjacent territory. Each city with a population of at least
two hundred fifty thousand, or each province, shall have at least one
EXCLUSIVE ECONOMIC ZONE: Body of water extending up to 200
representative.
nautical miles, within which the state may exercise sovereign rights to
explore, exploit, conserve and manage the natural resources --
State Policy on Human Rights Within three years following the return of every census, the Congress
shall make a reapportionment of legislative districts based on the standards
SECTION 11. The State values the dignity of every human person and provided in this section.
guarantees full respect for human rights.
Standards: apportioned among the provinces, cities, and the Metropolitan
Manila area in accordance with the number of their respective inhabitants,
Legislative Investigation and on the basis of a uniform and progressive ratio, and those who, as
provided by law, shall be elected through a party-list system of registered
Legislative Inquiries – may refer to the implementation or re-examination of national, regional, and sectoral parties or organizations.
any law or appropriation or in connection with any proposed legislation or for
the formulation of or in connection with future legislation, or will aid in the
review or formulation of a new legislative policy or enactment (in aid of
legislation).
Arriba, Bandiola, Cancio, Cuadra, Del Rosario, Hernandez, Matibag, Najarro, Santiago, Siaton, Tamonte | 30
140. Grace Poe case 161. POWER OF PRES TO PLACE LGU UNDER PREVENTIVE
149. Who determines national security matters? 170. Aquino v. Ponce Enrile
Arriba, Bandiola, Cancio, Cuadra, Del Rosario, Hernandez, Matibag, Najarro, Santiago, Siaton, Tamonte | 31
179. What is POLICE POWER? There is NO appropriation for public use, in general because
nobody else acquires the use of the property or any interest therein
180. LIMITATIONS IN EXERCISE OF POLICE POWER
a. Lawful subject
b. Lawful means 190. PHIL PRESS INSTITUTE V. COMELEC
C. When exercised by delegate
1. Must be an express grant by law
2. Within territorial limits if applicable 191. ANG TIBAY V. CIR
3. Must not be contrary to law “opportunity to be heard” as a right
Arriba, Bandiola, Cancio, Cuadra, Del Rosario, Hernandez, Matibag, Najarro, Santiago, Siaton, Tamonte | 32
215. for writ of habeas corpus correlate with President’s power on
201. EXCLUSIONARY RULE – when applicable? suspension of writ
210. Which rights of accused cannot be waived? Which can be waived? 221. LIMITS ON RIGHT TO ASSOCIATE
211. Instances when accused required to be present: 222. LIBEL V. FREEDOM OF SPEECH/ EXPRESSION
1. Arraignment Sec. 4(c))4) of RA No. 10125 otherwise known as the Cybercrime
2. Identified Prevention Act of 2012 which punishes libel does not violate the
3. Judgment promulgated right to the free expression and that the government has the
obligation to protect private individuals from defamation. The
jurisprudential requirement of “actual malice and the legal
212. In What transactions, in what proceedings may RIGHT AGAINST
protection afforded by “privilege communications “ all ensure that
SELF-INCRIMINATION be applicable?
protected speech remains guarded. As long as the expression or
speech falls within the protected sphere, it is the solemn duty of the
213. RIGHT TO PRIVACY – is it express of implied in the Bill of rights? courts to ensure that the rights of the people are protected.
Arriba, Bandiola, Cancio, Cuadra, Del Rosario, Hernandez, Matibag, Najarro, Santiago, Siaton, Tamonte | 33
In matters relating to the national security of the Philippines, tests of The people have a right to scrutinize and comment in the conduct
valid government interference can be applied. of their chosen representatives in the government. As long as their
comments are made in good faith and with justifiable ends, they are
1. Clear and Present Danger Rule- inquires on whether insulated from prosecution or damage suits for defamation even if
words are used in such circumstance and of such nature such views are found to be inaccurate or erroneous. However, in
as to create a clear and present danger that will bring order that such discreditable imputation to a public official may be
about the substantive evil that the state has a right to actionable, it must be either be a false allegation of fact or a
prevent. comment based on a false supposition. ( Borjal vs. CA)
2. Dangerous Tendency Rule- it states that a person can be
punished for words uttered which create a dangerous
tendency, or which will cause or bring about, a substantive 227. Can radio broadcasts be restricted?
evil which the state has a right to prevent.
3. balancing of Interests rule- a principle which requires a
court to consider the circumstances in each particular
case and thereafter, it shall settle the issue of which right Yes. The regulatory bodies are Kapisanan ng mga Broadkaster sa
demands greater protection. Pilipinas (KBP) and Movie and Review Review and Classification
Board. (MTRCB)
The right does not extend to matters recognized as privileged This case is an action of mandamus instituted by petitioner Cipriano
information rooted in the separation of powers, nor to information Primicias, manager of the Coalesced Minority Parties, against
on military and diplomatic secrets, information regarding national respondent Manila City Mayor, Valeriano Fugoso, to compel
security and information on investigations of crimes by law thelatter to issue a permit for the holding of a public meeting at the
enforcement agencies before the prosecution of the accused. ) Plaza Miranda on Nov 16, 1947. The
Garcia v. Board of Investments
petitioner requested for a permit to hold a “peaceful public
meeting”.
226. Criticism against corrupt public officials v. Freedom of Speech/
Expression However, the respondent refused
Arriba, Bandiola, Cancio, Cuadra, Del Rosario, Hernandez, Matibag, Najarro, Santiago, Siaton, Tamonte | 34
to issue such permit because he found “that there is a reasonable authorizing the Mayor to prohibit the use of the streets. Under our
ground to believe, basing upon democratic system of government no such unlimited power may be
validly granted to any officer of the government, except perhaps in
previous utterances and upon the fact that passions, specially on cases of national emergency. It is to be noted that the permit to be
the part of the losing groups, remains bitter and high, that similar issued is for the use of public places and not for the assembly itself
speeches will be delivered tending to undermine the faith and
confidence of Fear of serious injury cannot alone justify suppression of free
speech and assembly. It is the function of speech to free men from
the people in their government, and in the duly peace and a the bondage of irrational fears. To justify suppression of free
disruption of public order.” speech there must be reasonable ground to fear that serious evil
will result if free speech is practiced. There must be reasonable
Respondent based his refusal to the Revised Ordinances of 1927
ground to believe that the danger apprehended is imminent. There
prohibiting as an offense against public peace, and penalizes as a
must be reasonable ground to believe that the evil to be prevented
misdemeanor, "any act, in any public place, meeting, or procession,
is a serious one . The fact that speech is likely to result in some
tending to disturb thepeace or excite a riot; or collect with other
violence or in destruction of property is not enough to justify its
persons in a body or crowd for any unlawful purpose; or disturb or
suppression. There must be the probability of serious injury to the
disquiet any congregation engaged in any lawful assembly."
state.
Included herein is Sec. 1119, Free use of Public Place.
ISSUE:
230. HERMAN V. BARANGAN
Whether or not the Mayor has the right to refuse to issue permit
hence violating freedom of assembly. FACTS:
HELD: One afternoon in October 1984, Reli German et al went to JP Laurel Sreet to
pray and worship at the St. Jude Chapel. But they were barred by General
The answer is negative. Supreme Court states that the freedom of Santiago Barangan from entering the church because the same is within the
speech, and to peacefully assemble and petition the government vicinity of the Malacañang. And considering that German’s group is
for redress of grievances, are fundamental personal rights of the expressively known as the August Twenty One Movement who were
people recognized and guaranteed by the constitution. However, wearing yellow shirts with clench fists, Barangan deemed that they were not
these rights are not absolute. They can really there to worship but rather they are there to disrupt the ongoings
be regulated under the state’s police power – within the Malacañang.
ISSUE: Whether or not the bar disallowing petitioners to worship and pray at
that they should not be injurious to the equal enjoyment of others St. Luke’s is a violation of their freedom to worship and locomotion.
having equal rights, nor to the rights of the community or
society.The Court holds that there can be 2 interpretations of Sec. HELD:
1119: 1) the Mayor of the City of Manila is vested with unregulated
discretion to grant or refuse, to grant permit for the holding of a NOI.n the case at bar, German et al were not denied or restrained of their
lawful assembly or meeting, parade, or procession in the streets freedom of belief or choice of their religion, but only in the manner by which
and other public places of the City of Manila;and 2) The right of the they had attempted to translate the same into action. There has been a clear
Mayor is subject to reasonable discretion to determine or specify manifestation by Barangan et al that they allow German et al to practice their
the streets or public places to be used with the view to prevent religious belief but not in the manner that German et al impressed. Such
confusion by overlapping, to secure convenient use of the streets manner impresses “clear and present danger” to the executive of the state
and public places by others, and to provide adequate and proper hence the need to curtail it even at the expense of curtailing one’s freedom
policing to minimize the risk of disorder.The court favored the to worship.
second construction since the first construction is tantamount to
Arriba, Bandiola, Cancio, Cuadra, Del Rosario, Hernandez, Matibag, Najarro, Santiago, Siaton, Tamonte | 35
The exercise of the right to religious freedom must be done in good Held:The right of peaceable assemble is subject to regulation under
faith without fear of ulterior motive. While it is beyond debate that the police power of the state.The right to freedom of speech and
every citizen has the undeniable and inviolable right to religious peaceful assembly, though granted by the Constitution, is not
freedom, the exercise thereof, and of all fundamental rights for that absolute for it may be regulated in order that it may not be injurious
matter, must be done in good faith. to the equal enjoyment of others having an equal right of
community and society, This power may be exercised under the
police power of the state, which is the power of the state, which is
the power to prescribe regulations to promote the health, morals,
peace,education, and good order, safety and general welfare of the
people.While the privilege of the citizen to use streets and parks for
231. RECALIBRATED RESPONSE communication may be regulated in the interest of all, said privilege
The Calibrated Preemptive Response (CPR) is a policy of the is not absolute. It must be exercised in subordination to the general
Philippine Government under the Arroyo administration, aimed at comfort and convenience and in consonance with peace and good
preventing plans of anti-government groups that would inflame order, but it must not guise of regulation be abridged or denied.
political situation in the country.
Arriba, Bandiola, Cancio, Cuadra, Del Rosario, Hernandez, Matibag, Najarro, Santiago, Siaton, Tamonte | 36
personal rights of the people recognized and guaranteed by the Whether or not the denial of a public rally on a public park and the
constitutions of democratic countries. But it is a settled principle US Embassy is a violation of constitutional guarantee to free
growing out of the nature of well-ordered civil societies that the speech and assembly.
exercise of those rights is not absolute for it may be so regulated
that it shall not be injurious to the equal enjoyment of others having HELD:
equal rights, nor injurious to the rights of the community or society. Yes. The invocation of the right to freedom of peaceable assembly
T he power to regulate the exercise of such and other constitutional carries with it the implication that the right to free speech has
rights is termed the sovereign ‘police power’, which is the power to likewise been disregarded. It is settled law that as to public
prescribe regulations, to promote the health, morals, peace, places,especially so as to parks and streets, there is freedom of
education, good order or safety, and general welfare of the people. access. Nor is their use dependent on who is the applicant for the
This sovereign police power is exercised by the government permit, whether an individual or a group. There can be no legal
through its legislative branch by the enactment of laws regulating objection, absent of clear and present danger of a substantive evil,
those and other constitutional and civil rights, and it may be on the choice of Luneta and US Embassy as the place for the
delegated to political subdivisions, such as towns, municipalities peaceful rally. Time immemorial Luneta has been used for
and cities by authorizing their legislative bodies celled municipal purposes of assembly,communicating thoughts between citizens,
and city councils to enact ordinances for the purpose. such power and discussing public questions. Moreover,denial of permit for a
may be exercised under his broad powers as chief executive in rally in front of the US Embassy is justified only in the presence of a
connection with his specific duty “to issue orders relating to the clear and present danger to life or property of the embassy.The
police or to public safety” within the municipality (section 2194, denial of their rally does not pass the clear and present danger test.
paragraph c, Revised Administrative Code). And it may even be The mere assertion that subversives may infiltrate the ranks of the
said that the above regulation has been adopted as an demonstrators does not suffice. In this case, no less than the police
implementation of the constitutional provision which prohibits any chief assured that they have taken all the necessary steps to
public property to be used, directly or indirectly, by any religious ensure a peaceful rally.
denomination (paragraph 3, section 23, Article VI of the
Constitution).
Arriba, Bandiola, Cancio, Cuadra, Del Rosario, Hernandez, Matibag, Najarro, Santiago, Siaton, Tamonte | 37
Issue: Was the rating made with grave abuse of discretion (Note I put in
those regarding obscenity for future purposes)
Held: No. Petition dismissed. There was no grave abuse of discretion
artistic impulse
Burstyn-importance of motion pictures as an organ of public opinion
lessened by the fact that they are designed to entertain as well as to inform
(No clear dividing line between what affords knowledge and that of pleasure
or else there will be a diminution to a right to self-expression)
Bagatsing- Press freedom may be identified with the liberty to discuss
publicly and truthfully any matter of public concern without censorship or
punishment. This is not to say that such freedom, as is the freedom of
speech, absolute. It can be limited if "there be a 'clear and present danger of
a substantive evil that [the State] has a right to prevent.”
Censorship doesn’t full cover free speech or there might been emasculation
of basic rights. However, there must be in exceptional circumstances a sine
qua non for the meaningful exercise of such right without denying the
freedom from liability.
Freedom from censorship is a settled principle in our jurisdiction. Mutuc-
board of review is limited to classification of films to safeguard other
constitutional objections, hence the GP, PG, or R-18 ratings.
That is to abide by the principle that freedom of expression is the rule and
restrictions the exemption. The power to exercise prior restraint is not to be
presumed, rather the presumption is against its validity
The test, to repeat, to determine whether freedom of expression may be
limited is the clear and present danger of an evil of a substantive character
that the State has a right to prevent. Such danger must not only be clear but
also present. There should be no doubt that what is feared may be traced to
the expression complained of. The causal connection must be evident. Also,
there must be reasonable apprehension about its imminence. The time
element cannot be ignored. Nor does it suffice if such danger be only
probable.
The basic postulate, wherefore, as noted, is that where the movies,
theatrical productions radio scripts, television programs, and other such
media of expression are concerned — included as they are in freedom of
expression — censorship, especially so if an entire production is banned, is
allowable only under the clearest proof of a clear and present danger of a
substantive evil to public public morals, public health or any other legitimate
public interest.
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