Consti 2 Reviewer (Cruz)
Consti 2 Reviewer (Cruz)
Double Taxation
- ”Power to tax twice is as ample as to
tax once.”
- When additional taxes are laid on
the same subject by the same taxing
jurisdiction during the same taxable
period for the same purpose.
Public Purpose
- Tax proceeds shall be devoted to
public use. However, it could also be
used for private purposes/persons.
An example would be pensions paid
to veterans, unemployment relief,
support for the handicapped, to
name a few.
1. An actual controversy with legally
demandable and enforceable
rights;
2. Involving real parties in interest;
3. The exercise of such power will
bind the parties by virtue of the
court’s application of existing
laws.
a. Treaty 1. treaty
2. international or executive
b. International or executive agreement
agreement or 3. law
4. presidential decree
c. Law. 5. proclamation
6. order
2. All cases required to be heard en 7. instruction
banc under the Rules of Court: 8. ordinance, or
9. regulation;
d. Criminal cases where the penalty 6. Appoint ALL officials and employees
imposed is reclusion perpetua or of the Judiciary, in accordance with
higher; and Civil Service Law.
a. It should provide a simplified and 2. Lower courts may also exercise the
inexpensive procedure for the speedy power of judicial review, subject to the
disposition of cases. appellate jurisdiction of the SC.
1.
Mining taxes A) Urban poor
2.
Royalties
3.
Forestry and fishery charges B) Indigenous cultural communities
4.
Other taxes, fees and charges
5.
Share in any co-production, joint C) Disabled persons
venture or production sharing
agreement in the utilization and D) Any other sector as may be
development of the national determined by the sanggunian
wealth w/in their territorial
jurisdiction Election of Sector Representatives
Sec. 8. TERM OF OFFICE Sec. 10. Creation, abolition and
Term of Office division of LGU’s
1) Requisites
Elective local officials, now including 1. Compliance with the
barangay officials have a term of 3 requirements of the Local
years. Government Code; and
2. Approved by a majority of the
Limitations: votes cast in a plebiscite held in
the political units DIRECTLY
1) No elective official shall serve for affected.
more than 3 consecutive terms
2) Thus, a province is supposed to
2) Voluntary renunciation of office be divided into 2 separate provinces,
for any length of time shall not be plebiscite will include voters of the
considered as an interruption in the ENTIRE province, and not just the area
continuity of his service for the full to comprise the new province.
term for which he was elected.
3) LGC requirements relate to
Sec. 9. SECTORAL REPRESENTATION IN matters such as population, revenue,
LGUS and area requirements.
Legislative bodies of the local
governments shall have Sectoral Sec. 11. Metropolitan political
Representation (under the LGC) as subdivisions
may be provided by law Creation:
7) Educational policies;
ARTICLE XI: ACCOUNTABILITY OF
8) Preservation and development of PUBLIC OFFICERS
the cultural heritage; and
Section 1: PUBLIC OFFICE AS A PUBLIC
9) Such other matters as may be TRUST
authorized by law for the promotion of Public officers and employees must at
the general welfare of the people of all times be accountable to the
the region. people, serve them with utmost
responsibility, integrity, loyalty and
Limitations: efficiency, act with patriotism and
justice and lead modest lives.
1) Subject to the provisions of the
Constitution and national laws
Section 2: IMPEACHMENT/REMOVAL
2) To be exercised within its FROM OFFICE
territorial jurisdiction Impeachment: (as means of removal
from office)
Section 21. PRESERVATION OF PEACE 1. Who may be impeached:
AND ORDER/DEFENSE AND SECURITY – President
Peace and Order – VP
– SC Justices
– Constitutional Commission members The House of Representatives has
– Ombudsman exclusive power to INITIATE all cases of
impeachment.
2. Grounds
– Culpable violation of the Constitution Procedure:
– treason
1. Filling of verified complaint
– bribery
– graft and corruption 1. Can be filed by:
– other high crimes or 1. Any member of the House of
– betrayal of public trust Representatives or
2. Any citizen upon a resolution of
Note: It is an exclusive list. Congress endorsement by any Member of
cannot, by law, add to the list of the House or
impeachable offenses. 3. By at least 1/3 of all the Members
1. These officers cannot be charged of the House of Representatives
in court with offenses that have
removal from office as penalty. 2.) Inclusion of complaint in the order
2. The President cannot be charged of business with 10 session days
with murder.
3. A SC Justice cannot be disbarred 3.) Referral to proper Committee
because this would disqualify him within 3 session days thereafter
from his position.
4. BUT AFTER an official has been 4.) Submission of Committee report to
impeached, he can be charged the House together with corresponding
with the appropriate offense. resolution
5. Resignation by an impeachable
1. There should be a hearing
official does not place him
2. There should be a majority vote
beyond the reach of impeachment
of the members
proceedings; he can still be
3. The report should be submitted
impeached
within 60 days from referral,
All Other Public Officers and
after hearing, and by a majority
Employees
vote of ALL its members.
1. They may be removed from office as
5.) Calendaring of resolution for
provided by law
consideration by the House
2. BUT: NOT by impeachment
Should be done within 10 session days
Section 3: PROCEDURE FOR
from receipt thereof
IMPEACHMENT
Exclusive Power of House of 6.) Vote of at least 1/3 of all Members
Representatives of the House necessary to:
1. Affirm a favorable resolution with Sections 5-6, 8-14: OFFICE OF THE
the Articles of Impeachment of OMBUDSMAN
the Committee or Composition:
2. To override its contrary resolution
1.) Ombudsman/Tanodbayan
Note: If the verified complaint or
resolution of impeachment was filed by 2.) Overall deputy
at least 1/3 of all the Members of the
House, it shall constitute the Articles of 3.) At least one Deputy each
Impeachment. Trial in the Senate shall for Luzon, Visayas and Mindanao
proceed.
4.) Deputy for military
7.) Trial in the Senate establishment may be appointed
1. Senate has the sole power to try Qualifications: (Ombudsman and his
and decide all cases of deputies)
impeachment
2. For this purpose, the Senators 1.) Natural born citizen of the
shall be under oath or affirmation Philippines
3. When the President of the
Philippines is on trial, the CJ of 2.) At least 40 years old at time of
the Supreme Court appointment
presides. However, he/she will
not vote. 3.) Of recognized probity and
independence
8.) Judgment of Conviction
4.) Member of the Philippine bar
This requires the concurrence of 2/3 of
all the Members of the Senate 5.) Must not have been candidate for
any elective office in the immediately
9.) Effect of the Impeachment preceding election
The State shall promote The following are owned by the State:
industrialization and full employment
1. Lands of the public domain:
1. It should be based on sound
Waters
agricultural development and agrarian
reform Minerals, coals, petroleum, and other
mineral oils;
2. It should be through industries that
make full and efficient use of human All sources of potential energy;
and natural resources. Industries
Fisheries; B. Under terms and conditions as may
be provided by law.
Forests or timber;
4. In case of water rights/water
Wildlife; supply/fisheries/industrial uses other
than the development of water power
Flora and fauna; and
The beneficial use may be the measure
Other natural resources.
and limit of the grant.
Alienation of Natural Resources
Small-scale Utilization of Natural
1. General Rule: All natural resources Resources
CANNOT be alienated
1. Congress may, by law, authorize
2. Exception: Agricultural lands small-scale utilization of natural
resources by Filipino citizens
Exploration, Development and
Utilization of Natural Resources 2. Congress may also authorize
cooperative fish farming with priority
1. Shall be under the full control and given to subsistence fishermen and
supervision of the State fishworkers in the rivers, lakes, bays
and lagoons.
2. Means
Large-Scale Exploration, Development
A. The state may DIRECTLY and Utilization of
UNDERTAKE such activities Minerals/Petroleum/Other Mineral Oils
B. The state may enter into CO- 1. The President may enter into
PRODUCTION, JOINT VENTURE OR agreements with foreign owned
PRODUCTION-SHARING arrangements corporations involving technical or
with financial assistance for large-scale
exploration etc. of minerals,
1. Filipino citizen or
petroleum, and other mineral
2. Corporation or association at least
60% of whose capital is owned by oils. These agreements should be in
such citizens accordance with the general terms and
conditions provided by law.
3. Limitations:
2. They should be based on the real
A. Period: It should not exceed 25 contributions to economic growth and
years, renewable for not more than 25 general welfare of the country.
years
3. In the agreements, the State should President, upon recommendation by
promote the development and use of the DENR.
local scientific and technical resources.
2. Classification is descriptive of the
4. The President should notify legal nature of the land and NOT what
Congress of every contract under this it looks like. Thus, the fact that forest
provision within 30 days from its land is denuded does not mean it is no
execution. longer forest land.
1. The State shall protect its marine 2. Agricultural lands may be further
wealth in its classified by law according to the uses
to which they may be devoted.
Archipelagic waters
Limitations regarding Alienable Lands
Territorial sea & of the Public Domain
1. For private corporations or
EEZ
associations
2. The State shall reserve its use and
A. They can only hold alienable lands
enjoyment exclusively to Filipino
of the public domain BY LEASE
citizens.
B. Period: Cannot exceed 25
Section 3. LANDS OF THE PUBLIC
years, renewable for not more than 25
DOMAIN ARE CLASSIFIED INTO
years
1. Agricultural
C. Area: Lease cannot exceed 1,000
2. Forest/timber hectares
In the grant of rights, privileges and 1. Duration: Not more than 50 years
concessions covering the national
economy and patrimony, the State shall 2. Franchise is NOT exclusive in
give preference to QUALIFIED Filipinos. character
Practice of ALL
Professions
Mass
Media
1. Filipino citizens; or
5) The CHR is not of the same level as A. CHR can initiate court proceedings
the COMELEC, CSC, or COA. on behalf of victims of human rights
violations.
Powers:
B. They can recommend the
1) Investigate all forms of human rights prosecution of human rights violators,
violations involving civil or political but it cannot itself prosecute these
rights cases.
- All persons shall have the right to a • No person shall be held to answer
speedy disposition of their cases for a criminal offense without due
before all judicial, quasi-judicial or process of law.
administrative bodies, under Section
16, Bill of Rights. • That provision is limited to criminal
cases and to their procedural
Reiterated by the RPC: requirements.
The accused shall be entitled to a Requirements
speedy trial, under Section 14 (2).
1. Trial by competent and impartial court
In view of the foregoing, the Supreme
2. In accordance with the procedure
Court can temporarily assign a judge
prescribed by law.
from a station to another when public
interest so requires, like when there is a 3. With proper observance of all the
busier judge in another district, under rights of the accused under the PC and
Section 5 (3), Article 8. statutes. One statutory right is the right
to preliminary investigation.
Under Section 5 of the same Article, the
SC shall provide a simplified and Self-incrimination—Section 17, Bill of
inexpensive procedure for the speedy Rights. No person shall be compelled to
disposition of cases. be a witness against himself.
Under Section 15 (1) of the same, Scope—For testimonial compulsion
maximum periods are prescribed for the and production of documents,
decision or resolution of cases: papers and chattels to be used as
evidence against the witness, except
1. 24 months in SC
in cases where the SC has right to
2. 12 months for all collegiate inspect the same under police
courts unless reduced by the SC. power.
3. 3 months for all other lower When Available—As long as the
courts. question is intended to incriminate.
4. 60 days for Constitutional Waiver—Either directly or by a
Commissions. failure to invoke it provided it is
certain, unequivocal, intelligently,
understandingly and willingly made.
XX. RIGHTS OF THE ACCUSED
Custodial investigation—Under RA 2. Preliminary investigation
7438, it includes the practice of issuing
3. Arraignment
an invitation to a person who is
investigated in connection with an
offense he is suspected to have
Assistance of counsel—not subject to
committed, without prejudice to the
waiver except during custodial
liability of the inviting officer for any
investigation:
violation of law.
1. To safeguard constitutional rights
Trial
Presumption of innocence - To have a speedy, impartial and
- Section 14 (a). In all criminal public trial.
prosecutions, the accuses shall be Trial in absentia - Trial may proceed
presumed innocent until the contrary despite the absence of the accused if
is proved. the same is duly notified and his
absence is unjustifiable.
• Conviction is based on the strength of
the prosecution, not the weakness of
the defense.
Right of Confrontation
1. Subpoena
If witness fails to comply, he may cited - The provision of access to courts for
in contempt by the court. If needed, he deserving indigents.
may be arrested so he can give the
needed evidence. - Free access to courts and quasi-
judicial bodies and adequate legal
assistance shall not be denied to any
Prohibited Punishments person because of poverty.
1. Excessive fines
3. Death penalty
Double Jeopardy –
2. By a competent court