political science.docx

7/24/2019 Political Science.docx

1/54

Departmental Exam Reviewer: 1987 Philippine

Constitution201

5

Political Science

Meaning of Political Science

is the systematic study of the state and government

political is derived from the Greek wordpolis which means city

science comes from the wordscire which means to know

State

A state is a community of persons more or less numerous, permanently

occupying a definite portion of territory, having a government of their own to

which the great body of inhabitants render obedience, and enjoying freedomfrom external control.

Origin of states

ivine right theory ! it holds that the state is of divine creation and the

ruler is ordained by God to govern the people.

"ecessity or force theory # it maintains that states must have been created

through force, by some great warriors who imposed their will upon theweak.

$aternalistic theory ! it attributes the origin of states to the enlargement of

the family which remained under the authority of the father or mother.

%ocial &ontract theory # formed by deliberate and voluntary compact

among the people to form a society.

State vs. nation

%tate is a political concept while nation is an ethnic concept.

%tate must possess the four elements while nation is a group of people bound together by

certain characteristics such as common origin, language, customs, traditions.

Exclusive use for students enrolled under A!C; Unauthorized Distribution is

Strictly Prohibited."his is onl# $upplemental %otes& and will NEVERreplace #our

personal notes and Class Discussions'

Pa(e 1


2/54


Constitution201

5

Elements of State

'he state has four ()* essential elements.

o $eople

o 'erritory

o Government

o %overeignty

People

+efers to the mass population living within the state.

ust compose of men and women to be able to procreate

"o re-uirement as to number of people but it should neither too small nor too large smallenough to be well#governed and large enough to be self#sufficing.

Territory

/t includes not only the land over which the jurisdiction of the state extends but also therivers and lakes therein. 'hus the domain of the state may be describe as 'errestrial,

fluvial, aerial

Government

/t refers to the agency through which the will of the state is formulated, expressed, and

carried out.

Administration refers to person or group of persons in whose hands are placed for time

being the function of political control.

State vs. Government

A government is only an element of state.

A state cannot exist without a government but it is possible to have a government without

a state.

Purpose and Necessity of Government

Advancement of public welfare# it is necessary for the protection of society and its members.

&onse-uence of absence




Pa(e )


3/54


Constitution201

5

# without an organi0ed structure of government, anarchy and disorder and ageneral feeling of fear and insecurity will prevail and development will not be possible.

Forms of Government

As to number of persons exercising sovereign powers

#Monarcy ! supreme and final authority is in the hands of a single

person.

1inds of onarchy

"#solute monarcy

$imited monarcy

"ristocracy! political power is exercised by a few previliged class.

%emocracy! political power is exercised by a majority of the people.

&inds of democracy

2. direct or pure democracy3. indirect, representative or republican

democracy

As to extent of powers exercised by the central or national government

4nitary government ! the control of national and local affairs

is exercised by the central or national government.

5ederal government # the powers of government are divided

between two sets of organs, one for national affairs and theother for local affairs, each organ being supreme within its own

sphere.

As to the relationship between the executive and the legislative branches of government




Pa(e *


4/54


Constitution201

5

$arliamentary government # there is fusion of powers of the

two branches of the government.

$residential government # there is separation of powers. 'he

executive branch is independent from the legislative

department.

Sovereignty

'he supreme power of the state to command and enforce obedience to its will from the

people within its territory and free from foreign control. 'ypes of sovereignty

/nternal %overeignty

6xternal %overeignty

he E!olution o" the #o!ern$ent and its%onstitution

PRE&SP'N(S) #*VERN+EN

"he ,aran-ayis earliest unit of the +overnment', it is named after balangay, a -ala#an word which means

./oat0

Each /aran(a# was ruled /# a chief called DATU or SULTAN/RAJAH

Earl# laws are written and unwritten which were promul(ated /# thedatus'

SP'N(S) #*VERN+EN

Philippines was discovered /# erdinand -a(ellan in 1)1 andconsummated /# -i(uel 2ope3 de 2e(a3pi'

"he powers of the (overnment were actuall# exercised /# the+overnor 4 +eneral who resided in -anila'




Pa(e 5


5/54


Constitution201

5

"he Ro#al Audiencia was the $upreme Court of the Philippines durin(

$panish times'

Re!olutionary #o!ern$ent

"he 6atipunan +overnment 4 it was or(ani3ed /# Andres onifacio'

"he ia,na,ato Repu/lic 4 a (overnment or(ani3ed /# +en'A(uinaldo

"he irst Philippine Repu/lic 4 the Proclamation of Philippine

ndependence made /# +en' A(uinaldo in 6awit& Cavite on une 1)&1898 and framed the -alolos Constitution'

'+ER(%'N #*VERN+EN

"he '$erican +ilitaryrule in the Philippines'

"he Sooner '$end$ent ended the -ilitar# re(ime in thePhilippines and a Civil +overnment was inau(urated on ul# 5& 19;1

"he Commonwealth +overnment was esta/lished pursuant toydin-s&+cDu/e a'

irth of the 135 %onstitution

he 143 %onstitution

"he 19* was revised /# the 197* Constitution esta/lishin( aparliamentar# form of (overnment'

"he President of the Philippines throu(h Proclamation %o' 11;) onanuar# 17& 197* certi


6/54


Constitution201

5

t was ratiudicial

As to their form:




Pa(e ?


7/54


Constitution201

5

@ritten 4 one which has /een (iven de


8/54


Constitution201

5

"here are three well,settled principles of constitutional construction:

Verba le-is that is& wherever possi/le& the words used inthe Constitution should /e (iven their ordinar# meanin( exceptwhere technical terms are emplo#ed

Ratio le-is est ani$a& meanin( that the words of theConstitution should /e interpreted in accordance with the intent ofits framers

Ut $a-is !aleat 8ua$ ereat meanin( that the Constitution isto /e interpreted as a whole

'R(%E


9/54


Constitution201

5

) $u/mission of the proposed amendments or revisions and* Ratiorit# vote of all its mem/ers& Con(ress ma# su/mitto the electorate the Buestion of whether to call a ConCon or not'

Section 2. '$end$ents to this %onstitution $ay li6eise be directlyroosed by the eole throu-h initiati!e uon a etition o" at leasttel!e er centu$ o" the total nu$ber o" re-istered !oters o"hich e!ery le-islati!e district $ust be reresented by at least

three er centu$ o" the re-istered !oters therein. No a$end$entunder this section shall be authorized ithin :!e years "olloin- therati:cation o" this %onstitution nor o"tener than once e!ery :!eyears therea"ter.

he %on-ress shall ro!ide "or the i$le$entation o" theeercise o" this ri-ht.

Peoles (nitiati!e

1 Petition to propose such amendments must /e si(ned /e at least 1)G of

A22 re(istered voters'

) Ever# le(islative district represented /# at least *G of the re(isteredvoters therein'

* Limitation:, t cannot /e exercised oftener than once ever# #ears




Pa(e 9


10/54


Constitution201

5

H RA ?7*: An Act Providin( for a $#stem of nitiative and Referendum andAppropriatin( unds "hereof

Section C.'ny a$end$ent to or re!ision o" this %onstitution underSection 1 hereo" shall be !alid hen rati:ed by a $a@ority o" the!otes cast in a lebiscite hich shall be held not earlier than sitydays nor later than ninety days a"ter the aro!al o" sucha$end$ent or re!ision.

'ny a$end$ent under Section 2 hereo" shall be !alid henrati:ed by a $a@ority o" the !otes cast in a lebiscite hich shall beheld not earlier than sity days nor later than ninety days a"ter thecerti:cation by the %o$$ission on Elections o" the su/ciency o" the

etition.

1? '$end$ents and re!isions roosed by %on-ress andBor by a%on%on=

a Ialid when rati


11/54


Constitution201

5

under te rule of law and a regime of trut* +ustice* freedom* love* e,uality* and peace*

do ordain and promulgate tis -onstitution.

Meaning of P'E"M($E

- /t is derived from the 7atin word preambulare which means to walkbefore.

- /t is an introduction to the main subject.

- /t is the prologue of the &onstitution.

Pream#le is not essential in a constitution

- /t cannot be invoked as a source of a private right enforceable by thecourts or of any governmental power.

O#+ect and alue of Pream#le

- /t tells us who are the authors of the &onstitution and for whom it hasbeen promulgated

- 6stablished the basic principle underlying the fundamental charter.

Our Pream#le is in te form of a collective prayer.

- 8elief in God stressed

- Acknowledge God as the source of their authority.

"rticle /0 National Territory

Te national territory comprises te Pilippine arcipelago* wit all te islands and

waters em#raced terein* and all oter territories over wic te Pilippines as

sovereignty or +urisdiction* consisting of its terrestrial* fluvial and aerial domains*

including its territorial sea* te sea#ed* te su#soil* te insular selves* and otersu#marine areas. Te waters around* #etween* and connecting te islands of te

arcipelago* regardless of teir #readt and dimensions* form part of te internal waters

of te Pilippines.

Te Pilippine state is an arcipelago.




Pa(e 11


12/54


Constitution201

5

9,2:9 islands

;2,


13/54


Constitution201

5

6xclusive 6xploitation

$enal Curisdiction

"rticle 90 %eclaration of Principles and State Policies

P'2N-2P$ES

Section /. Te Pilippines is a democratic and repu#lican State. Sovereignty resides in

te people and all government autority emanates from tem.

Section 9. Te Pilippines renounces war as an instrument of national policy* adopts tegenerally accepted principles of international law as part of te law of te land and

aderes to te policy of peace* e,uality* +ustice* freedom* cooperation* and amity wit

all nations.

- Aggressive war is prohibited under this section and not war in defense.

Section :. -ivilian autority is* at all times* supreme over te military. Te "rmed

Forces of te Pilippines is te protector of te people and te State. 2ts goal is to secure

te sovereignty of te State and te integrity of te national territory.

Section ;. Te prime duty of te Government is to serve and protect te people. TeGovernment may call upon te people to defend te State and* in te fulfillment

tereof* all citi. Te separation of -urc and State sall #e inviola#le.

ST"TE PO$2-2ES

%ection 9. 'he %tate shall pursue an independent foreign policy. /n its relations with otherstates, the paramount consideration shall be national sovereignty, territorial integrity, national

interest, and the right to self#determination.




Pa(e 1*


14/54


Constitution201

5

Section ?. Te Pilippines* consistent wit te national interest* adopts and pursues a

policy of freedom from nuclear weapons in its territory.

%ection B. 'he %tate shall promote a just and dynamic social order that will ensure theprosperity and independence of the nation and free the people from poverty through policies

that provide ade-uate social services, promote full employment, a rising standard of living,

and an improved -uality of life for all.

Section /@. Te State sall promote social +ustice in all pases of national development.

%ection 22. 'he %tate values the dignity of every human person and guarantees full respect

for human rights.

Section /9. Te State recogni


15/54


Constitution201

5

%ection 3:. 'he %tate recogni0es the indispensable role of the private sector, encouragesprivate enterprise, and provides incentives to needed investments.

Section 9/. Te State sall promote compreensive rural development and agrarian

reform.

%ection 33. 'he %tate recogni0es and promotes the rights of indigenous cultural communitieswithin the framework of national unity and development.

%ection 3;. 'he %tate shall encourage non#governmental, community#based, or sectoralorgani0ations that promote the welfare of the nation.

%ection 3). 'he %tate recogni0es the vital role of communication and information in nation#

building.

Section 9=. Te State sall ensure te autonomy of local governments.

Section 9>. Te State sall guarantee e,ual access to opportunities for pu#lic service*

and proi#it political dynasties as may #e defined #y law.

Section 9A. Te State sall maintain onesty and integrity in te pu#lic service and take

positive and effective measures against graft and corruption.

%ection 3


16/54


Constitution201

5

+e,nition of Terms

Citizenship is a term denoting membership of a citizen in a politicalsociety.

Citizen is a person having title of citizenship. He is a member of ademocratic community who enjoys full civil and political rights.

Alien is a citizen of a country who is residing in or passing throughanother country.

-odes of acuiring citizenship

Involuntary method by birth

us !anguinis blood relationship is the basis for

the citizenship. us !oli" us #oci $lace of birth serves as the

basis of ac%uiring citizenship.

&oluntary method 'y naturalization

(aturalization is the act formally adopting an

alien into the political body and clothing him with

rights and privileges of citizenship.

/a#s of 0cuiring Citizenship !# naturalization

). # (udgment of the court $ossess the %uali*cations andnone of the dis%uali*cation.

+. # direct act of Congress

,. # administratie proceeding those who are born andresiding in the $hilippines.

Section 2. *atural3!orn citizens are those who are citizens of thePhilippines from !irth without haing to perform an# act to acuireor perfect their Philippine citizenship. Those who elect Philippinecitizenship in accordance with paragraph 45% Section 1 hereof shall!e deemed natural3!orn citizens.




Pa(e 1?


17/54


Constitution201

5

*atural3!orn citizens:

Citizens of the $hilippines from birth who do not need to perform

any act to ac%uire or perfect their $hilippine citizenship.

hose who elect $hilippine citizenship under Art. I& !ec. )/,0 of

)123 Constitution.

6lection of citizenship under the 1&7$ Constitution:

$rior to the )13, Constitution if a 4ilipina married an alien she lost her4ilipino citizenship. Hence her child would have to elect 4ilipinocitizenship upon reaching the age of majority. 5nder the )13, Constitutionhowever children born of 4ilipino mothers were already considered4ilipinos.

herefore the provision on election of citizenship under the )123Constitution only applies to those persons who were born under the )1,6Constitution. In order for the children to elect 4ilipino citizenship themothers must have been 4ilipinos at the time of their marriage.

!o if your mother was a 4ilipina who married an alien under the )1,6constitution and you were born before anuary )3 )13, you can elect4ilipino citizenship upon reaching the age of majority.

Section . Philippine citizenship ma# !e lost or reacuired in themanner proided !# law.

Section ). Citizens of the Philippines who marr# aliens shall retaintheir citizenship% unless !# their act or omission% the# are deemed%

under the law% to hae renounced it.

8ow ma# one lose citizenship:

'y naturalization in a foreign country

'y e7press renunciation of citizenship

'y subscribing oath or allegiance to a foreign Constitution




Pa(e 17


18/54


Constitution201

5

'y serving in the armed forces of an enemy country

'y being a deserter of the armed forces of one8s country

8ow ma# one reacuire citizenship:

'y direct act of Congress

'y naturalization

'y repatriation

-arriage of 'ilipino with an alien:

General Rule: he 4ilipino 9:AI(! $hilippine citizenship Exception: If by their act or omission they are deemed under the

law to have renounced it.

69ample of renunciation of Philippine citizenship

$ledging allegiance to another country /e7. by becoming a naturalized

citizen of another country0

Section . +ual allegiance of citizens is inimical to the nationalinterest and shall !e dealt with !# law.

;ercado vs ;anzano )1110

?ual citizenship is di@erent from dual allegiance. he former arises

when as a result of the concurrent application of the di@erent laws of+ or more states a person is simultaneously considered a national bythe said states.

he phrase dual citizenshipB in 9A 3)>= !ec.=/d0 and in 9A 326

!ec.+= must be understood as referring to dual allegianceB.Conse%uently mere dual citizenship does not fall under thisdis%uali*cation.

5nliDe those with dual allegiance who must be subject to strict

process with respect to the termination of their status for candidateswith dual citizenship it should su@ice if upon the *ling of their CoC




Pa(e 18


19/54


Constitution201

5

they elect $hilippine citizenship to terminate their status as personswith dual citizenship considering that their condition is the

unavoidable conse%uence of conEicting laws of di@erent states.

"'T2-$E 0 S1FF'"GE

Section /. Suffrage may #e eCercised #y all citi


20/54


Constitution201

5

(3* $ersons adjudged by final judgment of having committed any crime involvingdisloyalty to the duly constituted government (e.g. rebellion, sedition, violation of the

firearms law* or any crime against national security. ("ote he she shall automatically re#ac-uire the right to vote upon the expiration of D years after the service of sentence.*

(;* /nsane or incompetent persons as declared by competent authority.

Section 9. Te -ongress sall provide a system for securing te secrecy and sanctity of

te #allot as well as a system for a#sentee voting #y ,ualified Filipinos a#road.

Te -ongress sall also design a procedure for te disa#led and te illiterates to vote

witout te assistance of oter persons. 1ntil ten* tey sall #e allowed to vote under

eCisting laws and suc rules as te -ommission on Elections may promulgate to protect

te secrecy of te #allot.

('"N-3ES OF T3E GOE'NMENT

$egislative %epartment

ECecutive %epartment udicial %epartment

SEP"'"T2ON OF PO)E'S and P'2N-2P$E OF -3E-& "N% ("$"N-E

"'T2-$E 20 $EG2S$"T2E %EP"'TMENT

Section /. Te legislative power sall #e vested in te -ongress of te Pilippines wic

sall consist of a Senate and a 3ouse of 'epresentatives* eCcept to te eCtent reserved to te

people #y te provision on initiative and referendum.

$egislative Power! the power to propose, enact, amend and repeal laws.

?here vestedH /n the -ongress except to the extent reserved to the people by provision on/nitiative and referendum.

under a bicameral system, the &ongress is composed of the %enate and the @ouse of+epresentatives.

Section 9. Te Senate sall #e composed of twentyfour Senators wo sall #e elected at

large #y te ,ualified voters of te Pilippines* as may #e provided #y law.




Pa(e );


21/54


Constitution201

5

Section :. No person sall #e a Senator unless e is a natural#orn citi


22/54


Constitution201

5

; years for : consecutive terms

3ouse of 'epresentatives-omposition0 Not more tan 9=@ mem#ers* unless otherwise provided by law, consisting of

i. istrict "epresentatives

# elected from legislative districts apportioned among the provinces, cities, and the etroanila area.

"ules on #pportionment of $egislative istricts:

2. $roportional representation based on number of inhabitants

a. 6ach city with a population of at least 3D:,:::, or each province, shall have at least 2

representative. 6ach province, irrespective of the number of inhabitants, shall have at least 2

representative.b. 6ach legislative district shall comprise, as far as practicable, contiguous, compact, and

adjacent territory.

3. +e#apportionment by &ongress within ; years after the return of each census

ii. Party%$ist "epresentatives

3:J of the total number of +epresentatives

chosen indirectly through a party selected by voters

'" A;/ 4"n "ct Providing For Te Election Of Party$ist 'epresentatives Troug Te

Party$ist System* "nd "ppropriating Funds Terefor5

$arties, organi0ations, and coalitions must obtain at least 3J of all votes cast to obtain a

party#list seat 'hose garnering more than 3J are entitled to additional seats in proportion to their total

number of votes, but may not have more than ; seats

%is,ualified0

2. +eligious %ects

3. 5oreign >rgani0ations

;. 'hose Advocating Iiolence or 4nlawful eans

Dualified Sectors0

2. 7abor3. $easant

;. 5isherfolk

). 4rban $oor

D. /ndigenous &ultural




Pa(e ))


23/54


Constitution201

5

&ommunities=. 6lderly

9. @andicappedverseas ?orkers23. $rofessionals

E$E-T2ON 4sec.? * "rt. >5

2. +egular 6lections

4nless otherwise provided by law, the regular election of the %enators and the embers of the

@ouse of +epresentatives shall be held on the second onday of ay.

4Sec ?* "rt 25

3. %pecial 6lection

/n case of vacancy in the %enate or in the @ouse of +epresentatives, a special election may becalled to fill such vacancy in the manner prescribed by law, 8ut the %enator or ember of the

@ouse of +epresentatives thus elected shall serve only for the unexpired term. 4Sec * "rt 25

Salaries* Privileges and %is,ualifications

&. Salaries

'he salaries of %enators and embers of the @ouse of +epresentatives shall be determined bylaw.

"o increase in said compensation shall take effect until after the expiration of the full term of all

the embers of the %enate and the @ouse of +epresentatives approving such increase.%enators, embers of the and @ouse of +epresentatives

%alary is $hp ;3,:::month

3.!reedom from arrest (Art VI Sec 11, 1987 Constitution)A %enator or ember of the @ouse of +epresentatives shall, in all offenses punishable by not

more than six years imprisonment, be privileged from arrest while the &ongress is in session.

"o ember shall be -uestioned nor be held liable in any other place for any speech or debate inthe &ongress or in any committee thereof.

;. Speech and ebate 'lause5irst, &ongressional immunity is a guarantee of immunity from answerability before an outside

forum but not from answerability to the disciplinary authority of congress itselfF

%econd, to come under the guarantee the speech or debateE must be one made Ein &ongress or inany committee thereof.E

# 6ach @ouse of the &ongress can discipline its members for disorderly conduct or behavior.




Pa(e )*


24/54


Constitution201

5

?hat constitutes disorderly behavior is entirely up to &ongress to define.

%is,ualificationsay not hold any other office or employment in the government during his term without

forfeiting his seat. 4"rt 2 Sec /:5

ay not be appointed to any office created or the emoluments thereof were increased during

the term for which he was elected. 4"rt 2 Sec /:5&annot personally appear as counsel before any court, electoral tribunal, -uasi#judicial and

administrative bodies during his term of office. 4"rt 2 Sec /;5

%hall not be financially interested, directly or indirectly, in any contract with, or franchise or

special privilege granted by the government during his term of office. 4"rt 2 Sec /;5

%hall not intervene in any matter before any office of the government when it is for his

pecuniary benefit or where he may be called upon to act on account of his office. 4"rt 2 Sec/;5

%uty to %isclose

A public officer or employee shall, upon assumption of office and as often as may be re-uired

by law, su#mit a declaration under oat of is assets* lia#ilities* and net wort.

E. 2nternal Government of -ongress

2. %enate $resident3. %peaker of the @ouse

;. %uch officers as deemed by each house to be necessary

%iscipline of Mem#ers

6ach house may punish its members for disorderly behavior, and with the concurrence of 9H:

of "$$ its mem#ers0

2. %uspension (shall not exceed =: days*

3. 6xpulsion

>ther disciplinary measures

2. deletion of unparliamentary remarks from the record

3. fine

;. imprisonment). censure

Sessions

"egular Sessions

&onvenes once every year on the )th onday of Culy.

&ontinues to be in session until ;: days before the start of its next regular session, exclusive

of

%aturdays, %undays, and legal holidays.

b. Special Sessions




Pa(e )5


25/54


Constitution201

5

&alled by the $resident at any time when &ongress is not in session

F. Electoral Tri#unals

/. -omposition

; %upreme &ourt Custices to be designated by the &hief Custice ('he senior Custice in the

6lectoral 'ribunal shall be its &hairman*.= embers of the %enate or @ouse, as the case may be, chosen on the basis of proportional

representation from the political parties and party#list organi0ations.

Nature of Function

urisdiction0 #e te sole +udge of all -ONTESTS relating to te election* returns* and

,ualifications of teir respective mem#ers. ET as +urisdiction only when there is an election

contest.

G. -ommission on "ppointments (Sec* "rt 225

/. -omposition0

a. %enate $resident as ex#officio chairman (shall not vote except in case of a tie.*

b. 23 %enators

c. 23 embers of the @ouse

'he 23 %enators and 23 +epresentatives are elected on the #asis of proportional representation

from the political parties and party#list organi0ations. &ommission on Appointments shall

confirm the appointments by the $resident with respect to the following positions

@eads of the 6xecutive epartments (except if it is the Iice#$resident who is appointed to the

post*FAmbassadors, other public ministers or consulsF

>fficers of the A5$ from the rank of &olonel or "aval &aptainF

>ther officers whose appointments are vested in him by the &onstitution (e.g. &>676&

members*F

b. &ongress cannot by law re-uire that the appointment of a person to an office created by such

law shall be subject to confirmation by the &ommission on Appointments.

c. Appointments extended by the $resident to the above#mentioned positions wile -ongress isnot in session sall only #e effective until disapproval #y te -ommission on "ppointments

or until te neCt ad+ournment of -ongress.

Powers of -ongress

General 4Sec "rt 25

a. 7egislative $owers (%cope vested in &ongress by the &onstitution except to the extent




Pa(e )


26/54


Constitution201

5

reserved to the people by the provision on initiative and referendum*.

powers of appropriation, taxation and expropriation

authority to make, frame and enact laws

"on#legislative $owers (%cope*

power to canvass the presidential electionsF

declare the existence of warF

give concurrence to treaties and amnestiesF

propose constitutional amendmentsF

impeachF

derivative and delegated powerF

implied powers such as the power to punish contempt in legislative investigations.

Procedure for te Passage of (illsi.Procedure for (nactment:

2ntroduction0 must #e #y any mem#er of te @ouse of +epresentatives or %enate except for

measures that must originate only from the former chamberFirst reading0 Te reading of te title and te numberF the bill is passed by the %enate

$resident or %peaker to the proper committee

Second reading0 Entire teCt is read and de#atesare held, and amendments introduced. 'he bill

as approved in the second reading is printed in its final form and copies are distributed three days

before the third reading

Tird reading0 Only te title is read* no amendments are allowed. Iote shall be taken

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

Sent to te oter cam#er0 once te #ill passes the third reading, it is sent to the other chamber

where it will also go under three readings

)). Submission to the President* President+s eto power (Sec 27, Art VI)

6very bill, in order to become a law, must be presented to and signed by the $resident.

/f the $resident does not approve of the bill, he shall veto the same and return it with his

objections to the @ouse from which it originated. 'he @ouse shall enter the objections in the

journal and proceed to reconsider it.

'he $resident must communicate his decision to veto within ;: days from the date of receipt

thereof. /f he fails to do so, the bill shall become a law as if he signed it.

'o override the veto, at least 3; of A77 the members of each @ouse must agree to pass the

bill. /n such case, the veto is overridden and becomes a law without need of presidential approval




Pa(e )?


27/54


Constitution201

5

Effectivity of $aws "rticle 9 4--5

7aws shall take effect after fifteen days following the completion of their publication in the>fficial Ga0ette, unless it is otherwise provided. 'his code shall take effect one year after suchpublication.

$egislative )n-uiries (Sec 21, Art VI)

+e-uisites

# ust be in aid of legislation# /n accordance with duly published rules of procedure

# +ight of persons appearing in or affected by such in-uiries shall be respected

Additional limitation 6xecutive $rivilege

Kuestion @our

"rt. 2* Sec. 99. Te eads of departments may* upon teir own initiative, with the consent ofthe $resident, or upon the re-uest of either @ouse, as the rules of each @ouse shall provide,

appear before and be heard by such @ouse on any matter pertaining to their departments. ?ritten

-uestions shall be submitted to the $resident of the %enate or the %peaker of the @ouse of

+epresentatives at least three days before their scheduled appearance. /nterpellations shall not belimited to written -uestions, but may cover matters related thereto. ?hen the security of the %tate

or the public interest so re-uires and the $resident so states in writing, the appearance shall be

conducted in executive session.

"'T2-$E 220 ECecutive %epartment

Te President

/. Dualifications* Election* Term and Oat

i. Kualifications 4Sec. 9* "rt 225

natural#born citi0en of the $hilippines a registered voter

able to read and writeat least forty years of age on the day of the electiona resident of the $hilippines for at least ten years immediately preceding such election.

ii. Term and Election (Sec. 4, Art VII5

6lected by direct vote of te people




Pa(e )7


28/54


Constitution201

5

4nless otherwise provided by law, the regular election for $resident and Iice#$resident shallbe held on the second onday of ay.

&anvassing of votes &ongress shall promulgate rules for canvassing of the certificates.

'he Supreme -ourt en anc, shall be the sole judge of all contests relating to the election,

returns, and -ualifications of the $resident, or I$, and may promulgate its rules for thepurpose.

"egular (lection and erm'he $resident and Iice#$resident (who shall be elected with and in the same manner as the

$resident* shall be elected by direct vote of the people for a term of = years

'erm shall begin on the noon of Cune ;: next following the day of election. L'he regularelection for $resident and Iice#$resident shall be held on the 3nd onday of ay. 4"rt. 22*

Sec. ; pars. / I :5.

Special (lection and erm

A special election to elect the $resident and Iice#$resident shall be called by &ongress,

pursuant to Art I//, %ection 2:, if

2. a vacancy occurs in the offices of $resident and Iice# $resident

3. more than 2< months

;. before the date of the next regular presidential election'eelection

A.President

"ot eligible for any re#election.

"o person who has EsucceededE as $resident and has served as such for more than ) years,

shall be -ualified for any election to the same office (the $residency* at any time.

8. ice President

%hehe shall not serve for more than 3 successive terms. A voluntary renunciation of office forany length of time, shall not be considered an interruption in the continuity of the service for

the full terms for which he was elected. 4par 9* Sec. ;* "rt 225.

iii. /ath of /ffice (Sec !, Art VII)

8efore they enter into office, the $resident, the Iice#$resident or the Acting $resident shall takethe following oath or affirmation

Privilege and Salary




Pa(e )8


29/54


Constitution201

5

'he $resident shall have an official residence.

'he salaries of the $resident and Iice#$resident shall be determined by law and shall not bedecreased during their tenure.

"o increase in said compensation shall take effect until after the expiration of the term of theincumbent during which such increase was approved.

'he salary of the $resident is =:,:::month

Proi#itions 4Sec /:* "rt 225

Prohibited acts:

i. @old any other office or employment during their tenure, unless otherwise provided in the

&onstitution

ii. irectly or indirectly practice any other professioniii. irectly or indirectly participate in any business

iv. 8e financially interested in any contract with, or in any franchise, or special privilege

granted by the Government or any subdivision, agency or instrumentality thereof, includingG>&&s or their subsidiaries.

v. Appoint $residentMs spouse and relatives by consanguinity or affinity within the )th civil

degree as embers of the &onstitutional &ommissions, or the >ffice of the >mbudsman, or as

%ecretaries, 4ndersecretaries, chairmen or heads of bureaus or offices, including G>&&s andtheir subsidiaries.

i. Temporary or permanent vacancy in te Presidency #efore te term

2. $resident has not yet -ualified (e.g. he had an operation and so he could not take his oath

of office on Cune ;:*

3. $resident has not yet been EchosenE and -ualified (e.g. there is a tie and &ongress has not

yet broken the tie*

N I$ shall act as $resident until the $resident#elect shall have -ualified, or shall have been

Echosen and -ualified, as the case may be. (pars. 3 O ;, sec 9, $ar I//*.

$resident#elect

2. dies, or

3. becomes permanently disabledN I$ elect shall become the $resident. (par. ), %ec 9, Art I//*

8oth $resident and I$




Pa(e )9


30/54


Constitution201

5

2. have not been EchosenE or3. have not -ualified, or

;. die, or). become permanently disabled

N %enate $resident, or in case of his inability, the %peaker of the @ouse, shall act as $resident

until a $resident or a I$ shall have been EchosenE and -ualified. (par.D*

ii. Permanent acancy in te Presidency during te term

$residentPs2. death

3. permanent disability,

;. removal from office

(impeached*, or). resignation

N I$ shall become $resident for the unexpired portion of the term. (par. 2*

Acting $resident2. dies

3. becomes permanently

disabled;. resigns

N &ongress shall by law, provide EwhoE shall be Acting $resident until the $resident or I$

shall have been EelectedE (pursuant to Art. I//, %ec. 2:* and -ualified. Acting $resident

shall be subject to the same restrictions of powers and dis-ualifications.(par. 3*

Temporary acancy in te Presidency %uring te term

A vacancy in the $residency arising from his disability can occur in any of the ff ways2. A written declaration by the $resident

3. ?ritten declaration by the &abinet

;. 5inding by &ongress by 3; vote that the $resident is disabled./n all these cases, the Iice#$resident temporarily acts as the $resident

'emoval

2mpeacment* Sec. 9* "rt J2.

?ho are %ubject to /mpeachment

'he $resident the Iice#$resident

the embers of the %upreme &ourt

the embers of the &onstitutional &ommissions >mbudsman

+easons for /mpeachment




Pa(e *;


31/54


Constitution201

5

culpable violation of the &onstitution treason

bribery graft and corruption other high crimes

betrayal of public trust.

All other public officers and employees may be removed from office as provided by law, butnot by impeachment.

2mpeacment Process "rt. J2* Sec. :.

2. ?ho may initiate

'he @ouse of +epresentatives shall have the exclusive power to initiate all cases of

impeachment.3. Ierified &omplaint

;. "umber of votes necessary

A vote of at least one#third of all the embers of the @ouse shall be necessary either to affirm afavorable resolution with the Articles of /mpeachment of the &ommittee

). /n case the verified complaint or resolution of impeachment is filed by at least one#third of

all the embers of the @ouse. 'he same shall constitute the Articles of /mpeachment, and trialby the %enate shall forthwith proceed.

D. "o impeachment proceedings shall be initiated against the same official more than once

within a period of one year.

=. 'he %enate shall have the sole power to try and decide all cases of impeachment. "o personshall be convicted without the concurrence of two#thirds of all the embers of the %enate.

?hen sitting for that purpose, the %enators shall be on oath or affirmation.

?hen the $resident of the $hilippines is on trial, the &hief Custice of the %upreme &ourt shallpreside, but shall not vote.

PO)E'S OF T3E P'ES2%ENT

ECecutive Power

/t is the duty to implement the laws within the standards imposed by the legislature.

L'his power is exercised by the $resident. 4Sec/ "rt 225

'he $resident shall have control of all the executive departments, bureaus, and offices. @e

shall ensure that the laws be faithfully executed (Sec /A5.

'he powers of the $resident cannot be said to be limited only to the specific power enumerated

in the &onstitution. /n other words, executive power is more than the sum of specific powers soenumerated.

'hese unstated residual "o#ers are im"lied $rom t%e &rant o$ e'ecutie "o#er and #%ic% are




Pa(e *1


32/54


Constitution201

5

necessary for the $res to comply with his duties under the &onstitution. Qarcos vs anglapus(2B


33/54


Constitution201

5

a. +eprieves# a temporary relief from or postponement of execution of criminal penalty or sentence or a

stay of execution.b. &ommutations# +eduction of sentence.

c. $ardon

$ermanent cancellation of sentence.# /t is an act of grace proceeding from the power entrusted with the execution of the laws,

which exempts the individual on whom it is bestowed, from the punishment the law inflicts for

the crime he has committed. /t is a remission of guilt, a forgiveness of the offense6xcept

(a* /n cases of impeachment, and

(b* As otherwise provided in this &onstitution

# "o pardon, amnesty, parole or suspension of sentence for violation ofelection laws, rules, and regulations shall be granted by the $resident without the favorable

recommendation by the &ommission (on 6lections.* 4Sec =* "rt 2J5

'he $resident shall also have the power to grant amnesty with the concurrence of a majority ofall the embers of the &ongress. (Sec /* "rt 225

#mnesty % a sovereign act of oblivion for past acts, granted by government generally to a class

of persons who have been guilty usually of political offenses and who are subject to trial buthave not yet been convicted, and often conditioned upon their return to obedience and duty

within a prescribed time.

Powers as -ommanderin-ief

$owers as &ommander#in#&hief

a. @e may call out such armed forces to prevent or suppress lawless violence,

b. @e may suspend the privilege of the writ of habeas corpus, orc. @e may proclaim martial law over the entire $hilippines or any part thereof.

a. -all out te "FP to prevent lawless violence

'his is merely a police measure meant to -uell disorder. As such, the &onstitution

does not regulate its exercise radically

#. Suspend te privilege of te writ of a#eas corpus

A Ewrit of habeas corpusE is an order from the court commanding a detaining officer to inform

the court

(i* if he has the person in custody, and(ii* his basis in detaining that person.

'he Kprivilege of te writK is tat portion of te writ re-uiring the detaining officer to show

cause why he should not be tested. "ote that it is the privilege that is suspended, not the writitself.

+e-uisites




Pa(e **


34/54


Constitution201

5

2* 'here must be an invasion or rebellion, and3* 'he public safety re-uires the suspension.

6ffects of the suspension of the privilegeTe suspension of te privilege of te writ applies only to persons Ejudicially charged for

rebellion or offenses inherent in or directly connected with invasion 4"rt. 22* Sec. /?* par. =5.

c. Proclaim Martial $aw

+e-uisites

2* 'here must be an invasion or rebellion, and3* $ublic safety re-uires the proclamation of martial law all over the $hilippines or any part

thereof.

6ffects of the proclamation of martial law'he $resident can

2* 7egislate

3* >rder the arrest of people who obstruct the war effort

8ut the following cannot be done 4"rt. 22* Sec. /?* par. ;5

a. %uspend the operation of the &onstitution.

b. %upplant the functioning of the civil courts and the legislative assemblies.

# martial law is proclaimed only because the courts and other civil institutions like &ongress have

been shut down. /t should not happen that martial law is declared in order to shut down the civilinstitutions.

c. &onfer jurisdiction upon military courts and agencies over civilians, where civil courts are

able to function. Eopen courtK doctrine# holds that civilians cannot be tried by military courts if the civil courts are open

and functioning.

d. Automatically suspend the privilege of the writ of habeas corpus.# 'he $resident must suspend the privilege expressly.

Te 'ole of -ongress L"rt. 22* Sec. /?* pars. /9

a. &ongress may revoke the proclamation of martial law or suspension of the privilege of thewrit of habeas corpus before the lapse of =: days from the date of suspension or proclamation

b. 4pon such proclamation or suspension, &ongress shall convene at once. /f it is not insession, it shall convene in accordance with its rules without need of a call within 3) hours

following the proclamation or suspension.

c. ?ithin )< hours from the proclamation or the suspension, the $resident shall submit a report,

in person or in writing, to the &ongress (meeting in joint session of the action he has taken*.




Pa(e *5


35/54


Constitution201

5

d. 'he &ongress shall then vote jointly, by an absolute majority. /t has two options(i* 'o revoke such proclamation or suspension.

?hen it so revokes, the $resident cannot set aside (or veto* the revocation as he normallywould do in the case of bills.(ii* 'o extend it beyond the =:#day period of its validity.

# &ongress can only so extend the proclamation or suspension upon the initiative

of the $resident. 'he period need not be =: daysF it could be more, as &ongress woulddetermine, based on the persistence of the emergency.

# /f &ongress fails to act before the measure expires, it can no longer extend it

until the $resident again re#declares the measure.

Te 'ole of te Supreme -ourt

L"rt. 22* Sec. /?* par. :

'he %upreme &ourt may review, in an appropriate proceeding filed by any citi0en, thesufficiency of the factual basis of

(a* the proclamation of martial law or the suspension of the privilege of the writ, or

4#5 te eCtension tereof. 2t must promulgate its decision thereon within ;: days from itsfiling. 4Sec /? 4:5* "rt. 225

"'T2-$E 2220 1%2-2"$ %EP"'TMENT

%ection 2. 'he judicial power shall be vested in one %upreme &ourt and in suchlower courts asmay be established by law.

Cudicial power includes the duty of the courts of justice to settle actual controversies involvingrights which are legally demandable and enforceable, and to determine whether or not there has

been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any

branch or instrumentality of the Government.

S 0hen the 1udiciar y mediates to allocate constitutional boundaries, it does not asser t any

superiority over the other depar tments* it doesnot in reality nullify or invalidate an act of the

legislature, but only asserts thesolemn and sacred obligation assigned to it by the &onstitution todetermine conflicting claims of authority under the 'onstitution and to establish for the par ties

in an actual controversy the rights which that instrument secures and guarantees to them.

6ssential +e-uisites for Cudicial +eview

S #ctual case or controversy'his means that there must be a genuine conflict of legal rights and interests which can

be resolved through judicial determination.

S $egal Standing




Pa(e *


36/54


Constitution201

5

A proper party is one who has sustained or is in imminent danger of sustaining adirect in1ury y as a result of the act complained of

S 'onstitutional -uestion must be raised at the earliest possible opportunity.S ecision on the constitutional -uestion must be determinative of the case itself.

Practice of law is not confined to litigation. /t means any activity in and out of

court, which re-uires the application of law, legal procedure, knowledge, training andexperience. Q&ayetano v. onsod, (2BB2*R

8. %upreme &our t&omposition

&hief Custice and 2) Associate Custices

ay sit en banc or in divisions of three, five, or seven embersIacancy shall be filled within B: days from the occurrence thereof

$owers Curisdiction

>riginal&ases af fecting ambassadors, other public ministers and consuls QArt. I///, %ec. D(2*RF

$etitions for cer tiorari, prohibition, mandamus, -uo warranto, and habeas corpus QAr t. I///,

%ec. D(2*RF

%ole judge of all contests relating to the election, returns, and -ualifications of the $resident orIice#$resident, and may promulgate its rules for the purpose QAr t. I//, %ec. ), par. 9RF

%ufficiency of the factual basis of the proclamation of martial law or the suspension of the

privilege of the writ of habeas corpus or the extension thereof QAr t. I//, %ec. 2


37/54


Constitution201

5

following powersxxx

(D* $romulgate rules concerning the protection and enforcement ofconstitutional rights, pleading, practice, and procedure in all courts, the admission to thepractice of law, the integrated bar, and legal assistance to the under#privileged.

'he writ of amparois a remedy available to any person whose right to life, liberty, and

security has been violated or is threatened with violation by an unlawful act or omission

of a public official or employee, or of a private individual or entity. 'he writ coversextralegal killings and enforced disappearances or threats thereof.(%ec. 2, +ule on the

?rit of Amparo, A.. "o. :9#B#23#%&, 3D %eptember 3::9*

'he word EAmparoE is a %panish term which means EprotectionE. 'he concept of the writ

is of exican origin.

A )rit of &alikasanis a legal remedy under $hilippine law which provides for the

protection oneMs right to a balanced and healthful ecology in accord with the rhythmand harmony of nature, as provided for in %ection 2=, Article // of the $hilippine

&onstitution. /t is compared with the writ of amparo but protects oneMs right for a healthy

environment rather than constitutional rights.

'he writ of a#eas datais a remedy available to any person whose right to privacy in

life, liberty or security is violated or threatened by an unlawful act or omission of a public

official or employee, or of a private individual or entity engaged in the gathering,collecting or storing of data or information regarding the person, family, home and

correspondence of the aggrieved party.

anner of %itting and +e-uired Iotes

(n banc# decided with the concurrence of a ma1ority of the Members who

actually too2 par t in the deliberations and voted.

/nstances when the %& sits en banc (#$>*'hose involving the constitutionality, application, or operation of

# 'reaty

# >rders# /nternational or executive

# agreement

# 7aw# $residential decrees

# /nstructions

# $roclamations




Pa(e *7


38/54


Constitution201

5

# >rdinances# >ther regulations

# 6xercise of the power to discipline judges of lower courts, or order theirdismissal QAr t. I///, %ec. 22R# &ases or matters heard by a division where the re-uired number of votes to decide or resolve

(the majority of those who took part in the deliberations onthe issues in the case and voted

thereon and in no case less than ; members* is not met QAr t. I///, %ec. )(;*R# odifying or reversing a doctrine or principle of law laid down by the court in a

decision rendered en banc or in division QAr t. I///, %ec. )(;*R

# Actions instituted by citi0en to test the validity of a proclamation of martial lawor suspension of the privilege of the writ QAr t. I//, %ec. 2


39/54


Constitution201

5

;. $rocedure

embers of the %& and Cudges of lower courts appointed by the $res. from a list of atleast ; nominees prepared by the C8& for every vacancy7ower courts

$resident shall issue the appointments within B: days from the submission of the list

$eriods in deciding cases

%4$+66 &>4+'

3) months from date of submission7>?6+ &>776G/A'6 &>4+'%

23 months, unless reduced by S'

7>?6+ &>4+'%

; months, unless reduced by S'espite the expiration of the applicable mandatory period, the court, without prejudice to such

responsibility as may have been incurred in conse-uence thereof, shall decide or resolve the case

or matter submitted thereto for determination, without further delay.

&>"%'/'4'/>"A7 &>/%%/>"%

-ommon Provisions

/. %is,ualifications6 2ni#itions

"o member of a &onstitutional &ommission shall, during his tenure i. hold any other office or employment

ii. engage in the practice of any profession

iii. engage in the active management and control of any business which in anyway may be affected by the functions of his office

iv. be financially interested, directly or indirectly, in any contract with, or in any

franchise or privilege granted by the Government, any of its subdivisions, agencies orinstrumentalities, including G>&&s or their subsidiaries. 4"rt. 2J* sec.95




Pa(e *9


40/54


Constitution201

5




Pa(e 5;

C CommM------(atural-born citizensAt least ,6

yearsof age --NHolders of acollegedegree, andmust not havebeen candidatesfor any elective

position in theimmediately$recedingelectionsMajority,including theChairman,shall be

Members ofthe PhilippineBar who havebeen engagedin the practiceof law for atleast )= years

Chairman and +CommAccountants withnot less than )=years auditing

e7perience orMembers of thePhilippine Bar whohave been engagedin thepractice of law for atleast )= years andmust not have been

candidates for anyelective position inthe:lectionsimmediatelypreceding theirappointment At notime shall all

;embers of theCommission belongto the sameprofession.


41/54


Constitution201

5

&%& -ivil Service -ommission

Powers and Functions

"rt. 2J(* Sec. :. Te -ivil Service -ommission* as te central "ersonnel a&enc* o$ t%e

+oernment, s%all estalis% a career serice and ado"t measures to "romote morale, efficiency,

integrity, responsiveness, progressiveness, and courtesy in the civil service. /t shall stren&t%en

t%e merit and re#ards s*stem, inte&rate all %uman resources deelo"ment "ro&rams $or allleels and ranks, and institutionalie a mana&ement climate conducie to "ulic accountailit*.It s%all sumit to t%e $resident and the &ongress an annual report on its personnel programs.

%is,ualification0

&andidate who has lost in any election, within 2 year after such election, cannot be appointed to

any office in the &ivil %erviceF




Pa(e 51

CSC C?-6=6C C?0

!taggeredterm ofthose *rstappointedFa0Chairman 3 yearsb0 )Comm - 6yearsc0 GtherComm - ,years

M-----Appointed by the$resident with theconsent of theCommission onAppointments for aterm of 7 yearswithouteappointment!!!!!!!taggered termof those *rst appointedFa0 , ;embers - 3 yearsb0 + ;embers - 6 yearsc0 #ast + ;embers - ,

years

!taggeredtermof those*rstappointedFa0Chairman 3 yearsb0 ) Comm 6 yearsc0 GtherComm- ,years


42/54


Constitution201

5

&>676&

$owers and 5unctions

6nforce all laws relating to the conduct of election

+ecommend to the &ongress effective measures to minimie election

s"endin&, and to"reent and "enalie all $orms o$ election $rauds, o$$enses, mal"ractices, andnuisance candidacies

%ubmit to the $resident and the &ongress, a

comprehensive report on the conduct of each election,

&>A

Powers and Functions

i. 6xamine, audit, and settle accounts pertaining to Government funds or property its revenue,

receipts, expenditures, and uses.

$ost#audit basis

"rt. 2J%* Sec. :. No law sall #e passed eCempting any entity of the Government or its

subsidiaries in any guise whatever, or any investment of public funds, from the jurisdiction of the&ommission on Audit.

2N3E'ENT PO)E'S OF ST"TE

PO$2-E PO)E'

)t may be said to be that inherent and plenary power in the State which enables it to prohibitall things hurtful to the comfort, safety and welfare of society.3

has been properly characteri0ed as the most essential* insistent and te least limita#le of

powers* 4C$. Ic%on& . @ernande0, (2BD9* 2:2 $hil. 22DD, at p. 22=;* extending as it does -to

all t%e &reat "ulic needs.-

S"eci$ic Coera&e

N $ublic @ealthN $ublic orals

N $ublic %afety

N $ublic ?elfare

$imitations

'he legislative determination as to what is a proper exercise of its police powers is not final

or conclusive, but is sub1ect to the supervision of the court.




Pa(e 5)


43/54


Constitution201

5

$olice power is lodged primarily in the national legislature.

Tests for alidity of ECercise of Police Power

/. $")F1$ S1(E-T0 2nterest of te generalpublic (as distinguished from a particular

class re-uired exercise*.

9. $")F1$ ME"NS0 Means employed is reasonably necessary for the accomplishment ofthe purpose, and is not unduly oppressive

2llustrations on te ECercise of Police Power

Pu#lic Safety

# compelling owners of motor vehicles to install specific early warning devices to reduce

road accidents.

Pu#lic Morals

would impose different fees for different classes of hotelsmotels and prohibit 2< yearoldsfrom being accepted in such hotels, unless accompanied by parents or a lawful guardian

and making it unlawful for the owner, manager, keeper or duly authori0ed representative of

such establishments to lease any room or portion more than twice every 3) hours,

ational Econom*

/ t%at t%e "ro%iition o$ t%e slau&%ter o$ caraaos $or %uman consum"tion, so

lon& as t%ese animals are $it $or a&ricultural #or0 or dra$t "ur"oses #as a -reasonal*

necessar*- limitation on "riate o#ners%i", to "rotect t%e communit* from the loss of the

services of such animals by their slaughter by improvident owners.

EM2NENT %OM"2N

"rt. 222* Sec. . Private property sall not #e taken for public use without just

compensation."rt. J22* Sec. /?. Te State may* in te interest of national welfare or defense, establish and

operate vital industries and, upon payment of just compensation, transfer to public ownership

utilities and other private enterprises to be operated by the government.%efinition

/t is the right of the government to take private property with just compensation.

'e,uisites

a. 'aking of $rivate $ropertyb. for $ublic 4se,

c. with Cust &ompensation, and

d. ue $rocess.

T"J"T2ON

". %efinition and Scope




Pa(e 5*


44/54


Constitution201

5

/t is the enforced proportional contributions from persons and property, levied by the %tate byvirtue of its sovereignty, for the support of the government and for all public needs.

/t is as broad as the purpose for which it is given.ur"oseN 'o raise revenue

N 'ool for regulation

N $rotectionpower to keep alive)o May ECercise

N legislature (primarily*

N local legislative bodies

+ules

i. E,ual protection clause0 taCes should be uniform (persons or things belonging to the same

class shall be taxed at the same rate* and e-uitable (taxes should be apportioned among thepeople according to their capacity to pay*

ii. Progressive system of taCation0 'he rate increases as the tax base increases, with basis as

social justice. 'axation as an instrument for a more e-uitable distribution of wealth.-onstitutional eCemptions 4/?A &>"%'., art. I/, sec. 3ccurs when additional taxes are laid on the same subject by the same taxing jurisdictionduring the same taxing period for the same purpose

"o provision in the &onstitution specifically prohibiting double taxation, but will not be

allowed if it violates e3ual "rotection Clause.

'R(%E (((= ,ill o" Ri-hts

/t is a declaration and enumeration of a personPs fundamental civil and political rigts.

/t also imposes safeguards against violations by the government, by individuals, or by groups

of individuals.

T%e ill o$ 5i&%ts &oerns t%e relations%i" et#een t%e indiidual and t%e state.)ts concernis not the relation between individuals, between a private individual and other individuals.

0hat the 4ill of "ights does is to declare some forbidden 5ones in the private sphere

inaccessible to any power holder. People vs. Marti, 6.". 7o. 8&9& ;

'hat the 8ill of +ights embodied in the &onstitution is not meant to #e invoked against




Pa(e 55


45/54


Constitution201

5

acts of private individualsT

"rt. 222* Sec. /."o person shall be deprived of life, liberty or property without due process oflaw, nor shall any person be denied the e-ual protection of the laws.

"rt. J222* Sec. /. 'he &ongress shall give highest priority to the enactment of measures thatprotect and enhance the right of all the people to human dignity, reduce social, economic, and

political ine-ualities and remove cultural ine-uities by e-uitably diffusing wealth and political

power for the common good. 'o this end, the %tate shall regulate the ac-uisition, ownership,use, and disposition of property and its increments.

%ue process of law simply states tat 7Lit ispart of the sporting idea of fair play to hear Ethe

other sideE before an opinion is formed or a decision is made by those who sit in judgment.(not vs. /A&, 2B


46/54


Constitution201

5

Procedural %ue Process

". Scope$rocedural due process is that aspect of due process which serves as a restriction on actionsof+udicial and ,uasi+udicial agencies of te government. /t refers to the method or manner

by which a law is enforced.


47/54


Constitution201

5

effects against unreasonable searches and sei0ures of whatever nature and for any purpose shallbe inviolable, and no search warrant or warrant of arrest shall issue except upon probable

cause to be determined personally by the 1udge after examination under oath or affirmation ofthe complainant and the witnesses he may produce, and particularly describing the place to besearched and the persons or things to be sei5ed.

"''EST

'e,uisites for 2ssuance of a alid "rrest )arrant

6xistence of"roale cause%uch facts and circumstances which would lead a reasonably discreet and prudent mean to

believe that an offense has been committed by the person sought to be arrested. (0ebb vs. e

$eon, &==9>

etermination of probable cause"ersonall* * t%e 6ud&e.

i. Personally evaluate te report and supporting documents su#mitted #y te fiscalregarding the existence of probable cause and, on the basis thereof, issue the arrest warrantF >+

ii.)f he finds no probable cause, %e ma* disregard te prosecutors report and re,uire te

su#mission of supporting affidavits of witnesses to aid im in arriving at a conclusion as tothe existence of probable cause ('ru5 vs. .

As to #arrant o$ arrest

i. >n the basis of teir"ersonal 0no#led&e of the facts they are testifying to.ii. 'he arrest warrant must describe"articularl* t%e "erson to e seied.

8y stating te name of te person tobe arrested.

/f not known, then a Cohn oe warrant may be issued, wit some descri"tio "ersona t%at

#ill enale te officer to identify te accused.

'e,uisites of a alid )arrantless "rrest

)en* in is presence* te person to #e arrested as committed* is actually committing* or

is attempting to commit an offense6

)en an offense as +ust #een committed and e as pro#a#le cause to #elieve #ased on

personal knowledge of facts or circumstances tat te person to #e arrested as

committed it6

)en te person to #e arrested is a prisoner wo as escaped from a penal esta#lisment

or place were e is serving final +udgment or is temporarily confined wile is case is

pending* or as escaped wile #eing transferred from one confinement to anoter.

#))/7#$ (A'(P)/7 ;7/ )7 B( "C$(S>: %en t%e ri&%t is oluntaril* waived

4estoppel5.




Pa(e 57


48/54


Constitution201

5

SE"'-3 "N% SE2B1'E

'e,uisites of a alid Searc )arrant/. ECistence of"roale cause

9. %etermination of pro#a#le cause"ersonall* * t%e 6ud&e.

:. "fter"ersonal e'amination under oat% or affirmation of the complainant and the witnesses

he may produce.). >n the basis of their"ersonal 0no#led&e of the facts they are testifying to.

=. Te warrant must descri#e particularly the place to #e searced and te persons or

tings to #e sei* 'ules of -ourt. Searc%

incident to lawful arrest. % # person lawfully arrested may be searched for dangerous weapons

or anything which may be used as proof of the commission of an offense, without a search

warrant.9. Searc of Moving eicles

%ecuring %? is not practicable since the vehicle can be -uickly moved out of the locality or

jurisdiction in which the warrant must be sought.:. Plain iew %octrine0 Tings sei


49/54


Constitution201

5

%earches of vessel and aircraft for violation of immigration and smuggling laws. (Papa vs.Mago, &=8>

A. isual Searc at -eckpoints?. ECigent and Emergency -ircumstances

%etentionH-ustodial 2nvestigation

A5T. III, SEC. 12, 1987 CSTITTI

2. Any person under investigation for the commission of an offense shall have the right to

be informed of his right to remain silent and to have competent and independent counsel

preferably of his own choice. )f the person cannot afford the services of counsel, he mustbe provided with one. 'hese rights cannot be waived except in writing and in the

presence of counsel.

3. "o torture, force, violence, threat, intimidation, or any other means which vitiate the free

will shall be used against him. %ecret detention places, solitary, incommunicado, or othersimilar forms of detention are prohibited.

;. Any confession or admission obtained in violation of this or %ection 29 hereof shall be

inadmissible in evidence against him.). 'he law shall provide for penal and civil sanctions for violations of this section as well as

compensation to the rehabilitation of victims of torture or similar practices, and their families.

M2'"N%" '2G3TS

Te person under custodial investigation must #e warned tat

2. @e has a right to remain silent,

3. 'hat any statement he does make may be used as evidence against him, and;. 'hat he has a right to the presence of an attorney, either retained or appointed.

'ule on )aiver

A+'. ///, %6&. 23(2* ust be in writing

(3* ade in the presence of counsel

ECclusionary 'ules

iolation of te 'igt "gainst 1nreasona#le Searces and Sei


50/54


Constitution201

5

perpetua when the evidence of guilt is strong, shall, before conviction, be bailable by sufficientsureties, or be released on recogni0ance as may be provided by law. the right to bail shall not

be impaired even when the privilege of the writ of habeas corpus is suspended. 6xcessive bailshall not be re-uired.

%efinition

(+ule 22), %ec. 2, +>&*(ail is te security given for te release of aperson in custody of the law, furnished by him

or a bondsman, conditioned upon his appearance before any court as may be re-uired.

)en "vaila#le0

5rom the very moment of arrest (which may be before or after the filing of formal charges in

court* up to the time of conviction by final judgment (which means after appeal*.

"o carge need #e filed formally #efore one can file for bail, so long as one is under arrest.

'igts %uring Trial

A5T. III. SEC. 14. 1987 CSTITTI.

"o person shall be held to answer for a criminal offense without due process of law.

(3* /n all criminal prosecutions, the accused shall be presumed innocent until the contrary isproved, and shall enjoy the right to be heard by himself and counsel, to be informed of the

nature and cause of the accusation against him, to have a speedy, impartial, and public trial, to

meet the witnesses face to face, and to have compulsory process to secure the attendance of

witnesses and the production of evidence in his behalf. @owever, after arraignment, trial mayproceed notwithstanding the absence of the accused $rovided, that he has been duly notified

and his failure to appear is unjustifiable.

Section /A."o person shall be compelled to be a witness against himself.

'igts Post Trial

'igt against %ou#le eopardy

A5T. III. SEC. 21. o "erson s%all e t#ice "ut in jeopardy of punishment for the same

offense. /f an act is punished by a law and an ordinance, conviction or ac-uittal under either

shall constitute a bar to another prosecution for the same act.Elements of %ou#le eopardy

a. &ourt of competent jurisdictionF

b. A &omplaint/nformation sufficient in form and substance to sustain a convictionFc. Arraignment and plea by the accusedF

d. &onviction, ac-uittal, or dismissal of the case witout te eCpress consent* of te accused.

)en Su#se,uent Prosecution is (arred

a. %ame offense

b. Attempt of the same offense




Pa(e ;


51/54


Constitution201

5

c. 5rustration of the same offensed. >ffense necessarily included in the 2st offense (All the elements of the 3nd constitute some of

the elements of the 2st offense*e. >ffense that necessarily includes the 2st offense (All the elements of the 2st constitute someof the elements of the 3nd offense*

ECcessive Fines and -ruel* %egrading and 2numan Punisment

A5T. III. SEC. 19. 1987 CSTITTI.

2. 6xcessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted.

"either shall death penalty be imposed, unless, for compelling reasons involving heinouscrimes, the &ongress hereafter provides for it. Any death penalty already imposed shall be

reduced to reclusion perpetua.

3. 'he employment of physical, psychological, or degrading punishment against any prisoner

or detainee or the use of substandard or inade-uate penal facilities under subhuman conditionsshall be dealt with by law.

2nvoluntary Servitude

A5T. III. SEC. 18 (2). 1987 CSTITTI."o involuntary servitude in any form shall

exist except as a punishment for a crime whereof the party shall have been duly convicted.

2mprisonment for %e#t

A5T. III. SEC. 2. 1987 CSTITTI."o person shall be imprisoned for debt or

nonpayment of a poll tax.

E' ost :acto ;a#s and ills $ "ttainder

A5T. III. SEC. 22. 1987 CSTITTI."o ex post facto law or bill of attainder shall be

enacted.

EJ POST F"-TO

7atin for Eafter the fact,E which refers to laws adopted after an act is committed making it illegal

although it was legal when done, or increases the penalty for a crime after it is committed.

(2$$ OF "TT"2N%E'

A legislative act, directed against a designated person, pronouncing him guilty of an alleged

crime, (usually treason,* without trial or conviction according to the recogni0ed rules of

procedure, and passing sentence of death and attainder upon him.




Pa(e 1
http://thelawdictionary.org/legislative-act/http://thelawdictionary.org/rules-of-procedure/http://thelawdictionary.org/rules-of-procedure/http://thelawdictionary.org/rules-of-procedure/http://thelawdictionary.org/rules-of-procedure/http://thelawdictionary.org/legislative-act/


52/54


Constitution201

5

Privacy of -ommunication and -orrespondence

A5T. III. SEC.


53/54


Constitution201

5

Freedom of speec includes freedom after speec. )itout tis assurance* te citi


54/54


Constitution201

5

Section >. 'he liberty of abode and of changing the same within the limits prescribed by law

shall not be impaired except upon lawful order of the court. "either shall the right to travel beimpaired except in the interest of national security, public safety, or public health, as may beprovided by law.

Section A. 'he right of the people to information on matters of public concern shall berecogni0ed. Access to official records, and to documents and papers pertaining to official acts,

transactions, or decisions, as well as to government research data used as basis for policy

development, shall be afforded the citi0en, subject to such limitations as may be provided bylaw.

political science.docx

Documents