Mnemonics in Political Law

7/28/2019 Mnemonics in Political Law

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Constitutional Rights of the Accused (Sec. 14, Art. Ill)1. Criminal Due process:

a. accused to be heard in court of competent jurisdiction;b. accused proceeded against under orderly processes of law;c. accused given notice and opportunity to be heard; andd. judgment rendered was within authority of a constitutional law (Mejia v. Pamaran,supra.).

2. Presumption of Innocence Every circumstance favoring the innocence of the accused must be taken intoaccount. The proof against him must survive the test of reason; the strongest suspicion mustnot be permittedto sway judgment (People v. Austria, 195 SCRA 700) The presumption that official duty was regularly performed cannot, by itself, prevailover the constitutional presumption of innocence.

Equipoise or Equiponderance of Evidence evidence of both sides are equallybalanced. Effect in Criminal Prosecution: Acquittal of accused because of failure to overcomepresumption of innocence.

3. Right to be Heard by himself and counsel;

4. Right to be Informed of nature and cause of accusation against him;Description not designation of the offense controls.

Void-for-Vagueness Rule accused is denied the right to be informed of the chargeagainst him, and to due process as well, where the statute itself is couched in suchindefinite language that it is not possible for men of ordinary intelligence to determinetherefrom what acts or omissions are punished and, hence, shall be avoided (Nachura,p. 95).

5. Right to Speedy, impartial and public trial; speedy free from vexatious, capricious and oppressive delays. impartial accused entitled to "cold neutrality of an impartial judge." public to prevent possible abuses which may be committed against the accused.

6. Right to Meet witness face to face; witnesses not submitted for cross-examination not admissible as evidence. right to cross-examination, however, may be waived.

7. Right to Compulsory process to secure attendance of witnesses and production ofevidence.

KEY: H I D I S C M Trial in absentia allowed only after arraignment and absence unjustified.

Habeas Corpus (Sec. 15, Art. III)writ issued by court directed to person detaining another, commanding him to produce thebody of the prisoner at designated time and place, with the day and cause of his capture anddetention, to do, to submit to, and to receive whatever court or judge awarding writ shallconsider in his behalf (Nachura, p. 99).

Right to Speedy Determination of Cases (Sec. 16, Art. III)All persons shall have the right to a speedy determination of cases before judicial, quasi-judicial and administrative bodies

Speedy Trial Act of 1998

Mandatory pre-trial in criminal cases. In all cases cognizable by the MTC, MCTC, MeTC, RTC,and the Sandiganbayan, the justice or judge shall, after arraignment, order a pre-trialconference to consider the following:


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(a) Plea bargaining;(b) Stipulation of Facts;(c) Marking for identification of evidence of parties;(d) Waiver of objections to admissibility of evidence; and(e) Such other matters as will promote a fair and expeditious trial.

Pre-trial agreement. All agreements or admissions made or entered into during the pre-trial

conference shall be reduced to writing and signed by the accused and counsel, otherwise, thesame shall not be used in evidence against the accused. The agreements in relation to mattersreferred to in Section 2 hereof is subject to the approval of the court: Provided, That theagreement on the plea of the accused to a lesser offense may only be revised, modified, orannulled by the court when the same is contrary to law, public morals, or public policy.

Effect of Non-appearance at pre-trial conference. Where counsel for the accused or theprosecutor does not appear at the pre-trial conference and does not offer an acceptableexcuse for his/her lack of cooperation, the pre-trial justice or judge may impose propersanctions or penalties.

Pre-trial order. After the pre-trial conference, the court shall issue an order reciting theactions taken, the facts stipulated, and evidence marked. Such order shall bind the parties,limit the trial to matters not disposed of and control the course of action during the trial, unlessmodified by the court to prevent manifest injustice.

Time limit for trial. In criminal cases involving persons charged of a crime, except thosesubject to the Rules on Summary Procedure, or where the penalty prescribed by law does notexceed six (6) months imprisonment, or a fine of One thousand pesos (P1,000.00) or both,irrespective of other imposable penalties, the justice or judge shall, after consultation with thepublic prosecutor and the counsel for the accused, set the case for continuous trial on a weeklyor other short-term trial calendar at the earliest possible time so as to ensure speedy trial. Inno case shall the entire trial period exceed one hundred eighty (180) days from the first day oftrial, except as otherwise authorized by the Chief Justice of the Supreme Court pursuant toSection 3, Rule 22 of the Rules of Court.

Time limit between filing of information and arraignment and between arraignment and trial. The arraignment of an accused shall be held within thirty (30) days from the filing of theinformation, or from the date the accused has appeared before the justice, judge or court in

which the charge is pending, whichever date last occurs. Thereafter, where a plea of not guiltyis entered, the accused shall have at least fifteen (15) days to prepare for trial. Trial shallcommence within thirty (30) days from arraignment as fixed by the court.

If the accused pleads not guilty to the crime charged, he/she shall state whether he/sheinterposes a negative or affirmative defense. A negative defense shall require the prosecutionto prove the guilt of the accused beyond reasonable doubt, while an affirmative defense maymodify the order of trial and require the accused to prove such defense by clear andconvincing evidence.

Time limit following an order for new trial. If the accused is to be tried again following anorder of a court for a new trial, the trial shall commence within thirty (30) days from the datethe order for a new trial becomes final, except that the court retrying the case may extendsuch period but in any case shall not exceed one hundred eighty (180) days from the date theorder for a new trial becomes final if unavailability of witnesses or other factors resulting from

passage of time shall make trial within thirty (30) days impractical.

SECTION 10. Exclusions. The following periods of delay shall be excluded in computing thetime within which trial must commence:

(a) Any period of delay resulting from other proceedings concerning the accused, including butnot limited to the following:

(1) delay resulting from an examination of the accused, and hearing on his/her mentalcompetency, orphysical incapacity;


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(2) delay resulting from trials with respect to charges against the accused;(3) delay resulting from interlocutory appeals;(4) delay resulting from hearings on pre-trial motions: Provided, That the delay doesnot exceed thirty (30) days;(5) delay resulting from orders of inhibition, or proceedings relating to change of venueof cases or transfer from other courts;(6) delay resulting from a finding of the existence of a valid prejudicial question;

(7) delay reasonably attributable to any period, not toexceed thirty (30) days, during which any proceeding concerning the accused isactually under advisement.

(b) Any period of delay resulting from the absence or unavailability of the accused or anessential witness.For purposes of this subparagraph, an accused or an essential witness shall be consideredabsent when his/her whereabouts are unknown and, in addition, he/ she is attempting to avoidapprehension or prosecution or his/her whereabouts cannot be determined by due diligence.An accused or an essential witness shall be considered unavailable whenever his/herwhereabouts are known but his/her presence for trial cannot be obtained by due diligence orhe/she resists appearing at or being returned for trial.(c) Any period of delay resulting from the fact that the accused is mentally incompetent orphysically unable tostand trial.

(d) If the information is dismissed upon motion of the prosecution and thereafter a charge isfiled against the accused for the same offense, or any offense required to be joined with thatoffense, any period of delay from the date the charge was dismissed to the date the timelimitation would commence to run as to the subsequent charge had there been no previouscharge.

(e) A reasonable period of delay when the accused is joined for trial with a co-accused overwhom the court has not acquired jurisdiction, or as to whom the time for trial has not run andno motion for severance has been granted.

(f) Any period of delay resulting from a continuance granted by any justice or judge motupropio or on motion of the accused or his/her counsel or at the request of the public

prosecutor, if the justice or judge granted such continuance on the basis of his/her findingsthat the ends of justice served by taking such action outweigh the best interest of the publicand the defendant in a speedy trial. No such period of delay resulting from a continuancegranted by the court in accordance with this subparagraph shall be excludable under thissection unless the court sets forth, in the record of the case, either orally or in writing, itsreasons for finding that the ends of justice served by the granting of such continuanceoutweigh the best interests of the public and the accused in a speedy trial.

Factors for granting continuance. The factors, among others, which a justice or judge shallconsider in determining whether to grant a continuance under subparagraph (f) of Section 10of this Act are as follows:

(a) Whether the failure to grant such a continuance in the proceeding would be likely to makea continuation of such proceeding impossible, or result in a miscarriage of justice.

Whether the case taken as a whole is so novel, so unusual and so complex, due to the numberof accused or the nature of the prosecution or otherwise, that it is unreasonable to expectadequate preparation within the periods of time established by this Act.

No continuance under subparagraph (f) of Section 10 shall be granted because of generalcongestion of the court's calendar, or lack of diligent preparation or failure to obtain availablewitnesses on the part of the public prosecutor.

Public attorney's duties where accused is imprisoned. If the public attorney knows that aperson charged of a crime is preventively detained, either because he/she is charged of a


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bailable crime and has no means to post bail, or is charged of a non-bailable crime, or isserving a term of imprisonment in any penal institution, the public attorney shall promptly:

(a) Undertake to obtain the presence of the prisoner for trial, or cause a notice to be served onthe person having custody of the prisoner mandating such person to so advise the prisoner ofhis/her right to demand trial.

(b) Upon receipt of a notice, the person having custody of the prisoner shall promptly advisethe prisoner of the charge and of his/her right to demand trial. If at any time thereafter theprisoner informs the person having custody that he/she demands trial, such person shall causenotice to that effect to be sent promptly to the public attorney.

(c) Upon receipt of such notice, the public attorney shall promptly seek to obtain the presenceof the prisoner for trial.

(d) When the person having custody of the prisoner receives from the public attorney aproperly supported request for temporary custody of the prisoner for trial, the prisoner shall bemade available to that public attorney.

Remedy where accused is not brought to trial within the time limit. If an accused is notbrought to trial within the time limit required by Section 7 of this Act as extended by Section 9,the information shall be dismissed on motion of the accused. The accused shall have the

burden of proof of supporting such motion but the prosecution shall have the burden of goingforward with the evidence in connection with the exclusion of time under Section 10 of thisAct.

In determining whether to dismiss the case with or without prejudice, the court shall consider,among other factors, the seriousness of the offense, the facts and circumstances of the casewhich led to the dismissal, and the impact of a reprosecution on the implementation of this Actand on the administration of justice. Failure of the accused to move for dismissal prior to trialor entry of a plea of guilty shall constitute a waiver of the right to dismissal under this section.

Sanctions. In any case in which counsel for the accused, the public prosecution or publicattorney:(a) knowingly allows the case to be set for trial without disclosing the fact that a necessarywitness would be unavailable for trial;

(b) files a motion solely for the purpose of delay which he/ she knows is totally frivolous andwithout merit;(c) makes a statement for the purpose of obtaining continuance which he/she knows to befalse and which is material to the granting of a continuance; or(d) otherwise willfully fails to proceed to trial without justification consistent with the provisionsof this Act, the court may, without prejudice to any appropriate criminal and/or administrativecharges to be instituted by the proper party against the erring counsel if and when warranted,punish any such counsel or attorney, as follows:

(1) in the case of a counsel privately retained in connection with the defense of anaccused, by imposing a fine not exceeding fifty percent (50%) of the compensation towhich he/she is entitled in connection with his/her defense of the accused;(2) by imposing on any appointed counsel de officio or public prosecutor a fine notexceeding Ten thousand pesos (P10,000.00); and(3) by denying any defense counsel or public prosecutor the right to practice before

the court considering the case for a period not exceeding thirty (30) days.

The authority to punish provided for by this section shall be in addition to any otherauthority or power available to the court. The court shall follow the proceduresestablished in the Rules

Court in punishing any counsel or public prosecutor pursuant to this section.Approved: February 12, 1998.

Self-Incrimination (Sec. 17, Art. III)


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Availability not only in criminal prosecutions but also in all other government proceedings,including civil actions and administrative or legislative investigations. May be claimed not onlyby accused but by any witness to whom an incriminating question is addressed.

Scope applies only against testimonial compulsion and production of documents, papers andchattels in court except when books of account are to be examined in exercise of power oftaxation and police power.

Transactional Immunity Statute testimony of any person or whose possession of documentsor other evidence necessary or convenient to determine the truth in any investigationconducted is immune from criminal prosecution for an offense to which such compelledtestimony relates (Sec. 18 [8], Art. XIII).

Use Immunity Statute prohibits the use of a witness' compelled testimony and its fruits inany manner in connection with the criminal prosecution of the witness (Galman v. Pamaran,138 SCRA 274).

Non-Detention by Reason of Political Beliefs or Aspirations (Sec. 18 [1], Art. III) No person shall be detained by reason of his political beliefs or aspirations.

Involuntary Servitude (Sec. 18 [2], Art. III) condition where one is compelled by force, coercion or imprisonment, and against his will, to

labor for another, whether he is paid or not.

Exceptions:1. punishment for a crime whereof one has been duly convicted;2. service in defense of State (Sec. 4, Art. II);3. naval enlistment (Nachura, p. 102, citing Robertson v. Baldwin, 165 U.S. 275);4. posse comitatus (U.S. v. Pompeya, 31 Phil. 245);5. return to work order in industries affected with public interest; and6. patria potestas.

Prohibited Punishment Mere severity does not constitute cruel or unusual punishment. To violate constitutionalguarantee, penalty must be flagrant and plainly oppressive, disproportionate to nature ofoffense as to shock senses of community.

Non-Imprisonment for Debt (Sec. 20, Art. III) No person shall be imprisoned for debt or non-payment of a poll tax.

Double Jeopardy (Sec. 21, Art. Ill) Requisites:1. valid complaint or information;2. filed before competent court;3. to which defendant has pleaded; and4. defendant was previously acquitted or convicted or the case dismissed or otherwiseterminated without his express consent.

Dismissal of action, when made at instance of accused. NO di except:1. when ground for dismissal is insufficiency of evidence; or2. when proceedings have been unreasonably prolonged as to violate the right of the accusedto

speedy trial.

Crimes covered:

1. same offense; or attempt to commit or frustration thereof or for any offense whichnecessarily includes or is necessarily included in the offense charged in originalcomplaint or information; and

2. when act is punished by law and an ordinance, conviction or acquittal under eithershall bar another prosecution for same act.


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Doctrine of Supervening Event prosecution for another offense if subsequent developmentchanges character of indictment under which he may already been charged or convicted.

Conviction of Accused Shall Not Bar Another Prosecution for an Offense which NecessarilyIncludes the Offense Originally Charged when:

a. graver offense developed due to supervening facts arising from the same act oromission;b. facts constituting graver offense arose or discovered only after filing of formercomplaint or information; andc. plea of guilty to lesser offense was made without the consent of fiscal or offendedparty {People v. JudgeVillarama, 210 SCRA 246).

Ex Post Facto Law and Bill of Attainder (Sec. 22, Art. III)

Kinds:1. law criminalizing act done before its passage;

2. law aggravating penalty for crime committed before passage;

3. law inflicting greater or more severe penalty;

4. law altering legal rules of evidence and receives less or different testimony than lawrequired at time of commission, in order to convict accused;

5. law assuming to regulate civil rights and remedies only, in effect imposes a penaltyof deprivation of right for something which when done was lawful;

6. law depriving accused of some lawful protection to which he had been entitled, sucha protection of a former conviction or acquittal, or of a proclamation of amnesty.

Characteristics:1. It refers to criminal matters;2. It is retroactive in application; and

3. It works to the prejudice of the accused.

Bill of Attainder Legislative act that inflicts punishment without trial. Legislative declaration of guilt.

Article IV Citizenship

Membership in a political community which is personal and more or less permanent incharacter.

Distinguished from Nationality membership in any class or form of politicalcommunity.

Usual Modes of Acquiring Citizenship:

1. By birth a. jus sanguinis; andb. jus soli;

2. By naturalization;3- By marriage;

Citizens of the Philippines (Sec. 1, Art. IV):1- Citizens at the time of adoption of 1987 Constitution;2- Whose fathers or mothers are citizens of the Philippines;


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3. Born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship uponreaching age of majority; and

time to elect: 3 years after age of majority.4- Naturalized in accordance with law

Modes of Naturalization:1. Direct through

a. Judicial proceedings;b. Administrative proceedings (R.A. No. 9139)c. Special act of Congress;d. Collective change of nationality through cession or subjugation; ande. In some cases, by adoption of orphan minors as nationals of the State where theyare born.

2. Derivative citizenship conferred on:a. wife of naturalized husband;b. minor children of naturalized person; andc. alien woman upon marriage to a national (Nachura, p. 114).

A. Judicial Proceedings

Qualifications for Naturalization:

1. Not less than 21 years of age on date of hearing of petition;2. Resided in Philippines for not less than 10 years; may be reduced to 5 years if:

a. honorably held office in government;b. established new industry or introduced a useful invention in the Philippines;c. married to a Filipino woman;d. engaged as teacher in Philippine in public or private school not established forexclusive instruction to particular nationality or race, or in any branches of educationor industry for period not less than 2 years; ande. born in the Philippines;

3. Good moral character;4. Own real estate in the Philippines not less than P5,000.00 in value; or have some lucrativetrade, profession or lawful occupation;5. Speak and write English or Spanish and any principal Philippine languages; and6. Enrolled minor children in any public or private school recognized by government where

Philippine history, government and civics are taught as part of curriculum, during entire periodof residence prior to hearing of petition.

Key: RE2GAL

Disqualifications for Naturalization:1. opposed to organized government or affiliated with any association or group of persons whouphold and teach doctrines opposing all organized governments.;2. defending or teaching necessity or propriety of violence, personal assault or assassinationfor the success or predominance of their ideas;3. polygamists or believers in polygamy;4. suffering from mental alienation or incurable contagious disease;5. convicted of a crime involving moral turpitude;6. who, during residence in the Philippines, have not mingled socially with Filipinos, or notevinced sincere desire to learn and embrace customs, traditions and ideals of Filipinos; and

7. citizens or subjects of foreign country whose laws do not grant Filipinos right to becomenaturalized citizens or subjects thereof (Reciprocity).Key: M2CPOT Reciprocity

Effects of Naturalization:1. vests citizenship on wife if qualified to be naturalized;2- minor children born in Philippines before naturalization considered citizens;3- minor child born outside the Philippines who was residing in the Philippines at time ofnaturalization considered citizens;


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4. minor child born outside the Philippines before parents' naturalization considered citizensonly during minority, unless begins to reside permanently in the Philippines;5. Child born outside the Philippines after parent's naturalization considered Filipino, providedregistered as such before any Philippine consulate within 1 yr. after attaining majority age, andtakes oath of allegiance.

Denaturalization Grounds:

1. Naturalization certificate obtained fraudulently or illegally;2. If, within 5 years, he returns to his native country or to some foreign country and establishesresidence there;

*1 year stay in native country ) Prima facie evidence of *2 years stay in foreigncountry } intent to reside therein.

3. Petition was made upon invalid declaration of intention;4. Minor children failed to graduate through the fault of the parents either by neglectingsupport or by transferring them to another school;5. Allowed himself to be used as dummy.

Effects of Denaturalization:1. If ground affects intrinsic validity of proceedings, denaturalization shall divest wife andchildren of their derivative naturalization; or2. If ground is personal, wife and children shall retain citizenship.

Doctrine of Indelible allegiance an individual may be compelled to retain his originalnationality notwithstanding that he has already renounced or forfeited it under the laws of thesecond state whose nationality he has acquired.

Loss of Philippine Citizenship (CA 63)1. Naturalization in a foreign country;2. Express Renunciation of citizenship;3. Subscribing to oath of Allegiance to constitution or laws of foreign country upon attainingof 21 years of age;

Citizen may not divest citizenship when Philippines is at war.4. Rendering service to or accepting Commission in the armed forces of a foreign country;5. Cancellation of certificate of naturalization;6. Having been declared by competent authority a Deserter of Philippine Armed Forces in

time of war.KEY:C2AND(Y)-R

Note the Procedure for NaturalizationGeneral Rule: Res judicata does not set in citizenship cases. Exception: RJ applies when:1. Person's citizenship is resolved by a court or an administrative body as a material issue inthe controversy, after a full-blown hearing;2. With the active participation of the Solicitor General or his representative; and3. Finding of his citizenship is affirmed by the Supreme Court.

Reacquisition of Citizenship1. By naturalization;2. By repatriation;3. By direct act of Congress.

Article V Suffrage

Right to vote in elections. Who may Exercise (Sec. 1, Art. V):1. All citizens of the Philippines, not otherwise disqualified by law;2. At least 18 years of age;3. Resided in the Philippines for at least one year; and4. Resided in the place they propose to vote for at least 6 months, immediately preceding theelection.

Residence its dual meaning in election laws


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1st Requirement of residence in the Philippines: synonymous with "domicile." imports both intention to reside and personal presence coupled with conductindicative of such intention.2nd Requirement of residence in the place where one intends to vote: can mean domicile or temporary residence.

Acquisition of Domicile by Choice:1. residence or bodily presence in the new locality;2. an intention to remain there; and3. an intention to abandon the old residence (Gallego v. Verra, 73 Phil. 453).

Article VI Legislative Department

Legislative Power power to propose, enact, amend and repeal laws. vested in Congress, except to the extent reserved to the people by provision on initiative andreferendum.

Initiative power of the people to propose amendments to the Constitution or topropose and enact legislation through an election called for the purpose (RA 6736).

Classes:1. Initiative on the Constitution refers to a petition proposing amendments to theConstitution;2. Initiative on statutes refers to a petition proposing to enact a national legislation;3. Initiative on local legislation refers to the petition proposing to enact a regional,provincial, city, municipal or barangay law, resolution or ordinance.

Limitations:1. power of local initiative shall not be exercised more than once a year;2. initiatives shall extend only to subjects or matters which are within the legal

powers of the local legislative bodies to enact: and3. if at anytime before the initiative is held, the local legislative body shall adopt in

toto the proposition presented, the initiative shall be canceled.

Limitation on Local Legislative Body vis-a-vis Local Initiative: Any proposition orordinance approved through an initiative and referendum shall not be repealed,modified or amended by the sanggunian within 6 months from the date of approvalthereof, and may be amended, modified or repealed within 3 years thereafter by avote of 3/4 of all its members. In case of barangays, the period shall be 18 monthsafter approval (Sec. 125, RA 7160).

Indirect Initiative Exercise of initiative by the people through a proposition sent toCongress or the local legislative body for action.Local Initiative Not less than 2,000 registered voters in case of autonomous regions, 1,000in case of provinces and cities, 100 in case of municipalities, and 50 in case of barangays, mayfile a petition with the Regional Assembly or local legislative body, respectively, proposing theadoption, enactment, repeal, or amendment, of any law, ordinance or resolution.

Limitation on Local Initiative:a) The power of local initiative shall not be exercised more than once (1) a year;b) Initiative shall only extend to subjects or matters which are within the legal powers of thelocal legislative bodies to enact; andc) If at any time before the initiative is held, the local legislative body shall adopt in toto theproposition presented, the initiative is cancelled.

Referendum power of the electorate to approve or reject legislation through an electioncalled for the purpose.


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Classes:1. Referendum on statutes refers to a petition to approve or reject an act or law, orpart thereof, passedby Congress; and

2. Referendum on local laws refers to a petition to approve or reject a law,resolution or ordinance enacted by regional assemblies and local legislative bodies.

Plebiscite submission of constitutional amendments or important legislative measure tothe people for ratification.

Congress composed of: (Sec. 1, Art. VI)1. Senate; and2. House of Representatives.

SenateComposition: 24 Senators elected at large by qualified voters (Sec. 2, Art. V).Qualifications of Senators:1. Natural-born citizen;2. at least 35 years old on the day of election;3. able to read and write;4. a registered voter; and

5. resident for not less than 2 years immediately preceding the day of election.

Term of Office: 6 years; maximum of 2 consecutive terms (Sec. 3, Art. VI).

House of RepresentativesComposition: not more than 250 members, unless otherwise provided by law, consisting of a. District representatives elected from legislative district apportioned among provinces,cities, and Metro Manila area.

b. Party-list representatives constitute 20% of total number of representatives, electedthrough a party-list system of registered national, regional and sectoral parties ororganization (Sec. 5 [1] and [2], Art. VI).

Apportionment of Legislative Districts (Sec. 5 [3] and [4] Art. VI):

1. Maintain proportional representation based on number of inhabitants; each city with not less than 250T inhabitants, entitled to at least 1 representative. each province, irrespective of the number of inhabitants, entitled to at least 1representative.

2. Each district must be contiguous, compact and adjacent.Gerrymandering not allowed; and3. Reapportionment within 3 years following return of every census.

Gerrymandering formation of one legislative district out of separate territories forthe purpose of favoring a candidate or a party. Not allowed (Bernas, p. 186).

Qualifications of Representatives (Sec. 6, Art. VI)1. Natural-born citizen;2. at least 25 years old on the day of election;

3. able to read and write;4. except party-representatives, registered voter of district; and5. resident thereof for not less than 1 year from day of election.

Party-List System mechanism of proportional representation in the election ofrepresentatives to the House of Representatives from national, regional and sectoral parties ororganizations or coalitions thereof registered with the Commission on Elections.

Political Party organized group of citizens advocating an ideology or platform, principles andpolicies for the general conduct of government and which, as the most immediate means of


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securing their adoption, regularly nominates and supports certain of its leaders and membersas candidates for public office. It is a National Party when its constituency is spread over thegeographical territory of at least a majority of the regions. It is a Regional Party when itsconstituency is spread over the geographical territory of at least a majority of the cities andprovinces comprising the region.

Sectoral Party an organized group of citizens belonging to any of the following sectors:

labor, peasants, fisherfolk, urban poor, indigenous cultural communities, elderly, handicapped,women, youth, veterans, overseas workers and professionals, whose principal advocacypertains to the special interest and concerns of their sectors.

Sectoral Organization a group of citizens or a coalition of groups of citizens who sharesimilar physical attributes or characteristics, employment, interests or concerns.

Coalition an aggrupation of duly registered, national, regional, sectoral parties ororganizations for political and/or election purposes.

Grounds for Refusal or Cancellation of Registration:1. it is a religious sect or denomination, organization or association organized forreligious purposes;2. it advocates violence or unlawful means to seek its goal;3. it is a foreign party or organization;

4. it is receiving support from any foreign government, foreign political party,foundation, organization, whether directly or through any of its officers or members, orindirectly through third parties, for partisan election purposes;5. it violates or fails to comply laws, rules or regulations relating to elections;6. it declares untruthful statements in its petition;7. it has ceased to exist for at least one (1) year; and8. it fails to participate in the last two (2) preceding elections or fails to obtain at least2% of the votes cast under the party-list system in the two preceding elections for theconstituency in which it has registered.

Nomination of Party-list Representatives each registered party, organization or coalitionshall submit to the Comelec not later than 45 days before the election a list of names, not lessthan five (5), from which party-list representatives shall be chosen in case it obtains therequired number of votes. A person may be nominated in one list only. Only persons who have

given their consent in writing may be named in the list. The list shall not include any candidatefor any elective office or a person who has lost his bid for an elective office in the immediatelypreceding election. No change shall be allowed after the list shall have been submitted to theComelec except in cases where the nominee dies, or withdraws in writing his nomination,becomes incapacitated, in which case the name of the substitute shall be placed last in the list.Incumbent sectoral representatives in the House of Representatives who are nominated in theparty-list system shall not be considered resigned.

Qualifications for Party-List nominees Natural born citizen of the Philippines, a registeredvoter, a resident of the Philippines for at least one year immediately preceding the day of theelection, able to read and write, a bona fide member of the party or organization which seeksto represent for at least 90 days preceding the day of the election, and is at least 25 years ofage on the day of the election. For the youth sector, he must be at least 25 years of age butnot more than 30 years of age on the day of the election. Any youth representative whoattains the age of 30 during his term shall be allowed to continue in office until the expiration

of his term.

Number of Party-list Representatives 20% of the total number of the members of the Houseof Representatives including those under the party-list.

Effect of Change of Affiliation any elected party-list representative who changes his politicalparty or sectoral affiliation during his term of office shall forfeit his seat; provided that if hechanges his political party or sectoral affiliation within 6 months before an election, he shallnot be eligible for nomination as party-list representative under his new party or organization.


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Vacancy in case of vacancy in the seats reserved for party-list representatives, the vacancyshall be automatically filled by the next representative from the list of nominees in the ordersubmitted to the Comelec by the same party, organization or coalition, who shall serve for theunexpired term. If the list is exhausted, the party, organization or coalition concerned shallsubmit additional nominees.

Term of Office and Rights party-list representatives shall be elected for a term of 3 years,

and shall be entitled to the same salaries and emoluments as regular members of the House ofRepresentatives.

Term of Office: 3 years; maximum: 3 consecutive terms (Sec. 7, Art. VI).

Privileges of Members of Congress (Sec. 11, Art. VI)1. Freedom from arrest while Congress is in session for offense punished by not more than 6years imprisonment (Art. 145, Revised Penal Code);

2. Privilege of speech and of debate not be questioned nor held liable in any other place forany speech or debate in Congress or in any committee thereof.

Disqualifications and Inhibitions (Sec. 13, Art. VI):

l. Incompatible Office may not hold office or employment in government during

his term without forfeiting his seat.

2. Forbidden Office may not be appointed to any office created or employmentsthereof increased during term for which he was elected.

3. Cannot appear as counsel before any court or before the Electoral Tribunals,quasi-judicial or other administrative bodies.

4. Shall not, directly or indirectly, be financially interested in any contract with,franchise or special privilege granted by the Government.

5. Shall not intervene in any matter before any office in government for hispecuniary benefit or where he may be called upon to act on account of his office (Sec.14, Art. VI).

6. Upon assumption of office, must make a full disclosure of financial and businessinterest. Shall notify House concerned of a potential conflict of interest that may arisefrom the filing of a proposed legislation of which they are authors.

Sessions (Sec. 14, Art. VI)

1. Regular convene once every year. The 4th Monday of July until 30 days before start ofnew regular session;2. Special called by the President;3. Joint sessions

a. voting separately:(i) choosing the President (Sec. 4, Art. VII);(ii) determine President's disability (Sec. 11, Art. VII);(iii) confirming nomination of vice-president (Sec. 9, Art. VI);

(iv) declaring existence of state of war (Sec. 23, Art. VI); and(v) proposing constitutional amendments (Sec. 1, Art. XVII).

b. voting jointly: to revoke or extend proclamation suspending the writ of habeascorpus or declaration of martial law (Sec. 18, Art. VII).

4. Adjournment neither Chamber during session, without the consent of the other, adjournfor more than 3 days, nor any other place than that in which the two Chambers shall be sitting(Sec. 16 [51, Art. VI).

Adjournment Sine Dei interval between the session of one congress and that of another.


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Officers (Sec. 16 [1], Art. VI)Senate: Senate President ( elected by majority vote ofHouse: Speaker of the House } respective members such other officers as they may deem necessary.

Quorum (Sec. 16 [2], Art. VI) majority of each House

smaller number may adjourn from day to day and may compel attendance.

Discipline of Members (Sec. 16 [3], Art. VI) Each House may punish its members for disorderly behavior, and, with the concurrence of2/3 of all its members, suspend (for not more than 60 days) or expel a member.

Matters Mandated by the Constitution to be Entered in to the Journal (Sec. 16 [4],Art. VI)1. yeas and nays on third and final reading of a bill;2. veto message of the President;3. yeas and nays on repassing of bill vetoed by the President; and4- yeas and nays on any question at the request of 1/5 of members present.

Enrolled Bill conclusive upon courts as regard the tenor of the measure passed byCongress and approved by the President (Mabanag v. Lopez Vito, 78 Phil. 1; Casco[Phil.] Chemical Co. v. Gimenez, 7 SCRA 347).

Journal Entry vs. Enrolled Bill enrolled bill prevails, except to matters which, under theConstitution,must be entered into the journal (Astorga v. Villegas, 56 SCRA 714).

Congressional Electoral Tribunals (Sec. 17, Art. VI)Composition: 3 Supreme Court Justices designated by the Chief Justice;

6 members of the Chamber concerned chosen on the basis of proportionalrepresentation from political parties registered under the party-list system.* Senior Justice shall act as chairman.* Member chosen by Chamber concerned enjoys secu rity of tenure and cannot

be removed by mere change of party affiliation.Powers: sole judge of all contest relating to the election, returns and qualification of theirrespective members.

Commission on Appointments (Sec. 18, Art. VI)Composition: Senate President as ex officio chairman.12 senators } elected by each house on the basis of proportional representation12 members of the House } from the political parties registered under the party-list systemrepresented therein. Chairman shall not vote except in case of a tie.

Powers: shall act on all appointments submitted to it within 30 session days of Congress fromtheir submission; and has the power to promulgate its own rules of proceedings.

The Commission on Appointments is independent of the two houses of Congress; itsemployees are not, technically, employees of Congress. It has the power to promulgateits own rules of proceedings.

Classification of Powers:1. Legislative includes specific power of appropriation, taxation and expropriation.

2. Non-legislative includes power to:a. canvass presidential elections;b. declare existence of state of war;c. give concurrence to treaties and amnesties;d. power to call a special election for president and vice- president;e. propose constitutional amendments;f. impeach; andg. revoke or extend proclamation of suspension of writ of habeas corpus or declarationof martial law (to revoke =legislative veto).


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Limitations on the Powers of Congress:1. Substantive

a. express:(i) bill of rights (Art. Ill);(ii) on appropriations (Secs. 25 and 29 [1] and [2], Art. VI);(iii) on taxation (Secs. 28 and 29 [3], Art. VI; Sec. 4 [3], Art. XIV);(iv) on constitutional appellate jurisdiction of Supreme Court (Sec. 30, Art. VI);

(v) no law granting title of royalty or nobility shall be passed (Sec. 31, Art. VI);(vii) no specific funds shall be appropriated or paid for use or benefit of any religion,sect, etc., except for priests, etc., assigned to AFP, penal institution, etc.

b. implied:(i) prohibition against irrepealable laws; and(ii) non-delegation of powers.

2- Procedural a only one subject, to be stated in the title of the bill < Set 26 111, Art. VI): andb. 3 readings on separate days; printed copies of the bill in its final form distributed tomembers 3 days before its passage, except if President certifies to its immediateenactment to meet a public calamity or emergency; upon its last reading, noamendment allowed and the vote thereon taken immediately and the yeas and naysentered into the Journal (Sec. 26 [2], Art. VI).

c. appropriation, revenue and tariff bills (RAT bills) should exclusively originate fromthe House (Sec. 24, Art. VI).

Legislative ProcessRequirements: Bill1. only one subject must be stated in the title thereof;2. appropriations, revenue, or tariff bills, bills authorizing increase of the public debt, bills oflocal application, and private bills shall originate exclusively from the House.

Approval of Bills:1. Bill is approved by both Chambers;2. President approves and signs it; and3. if President vetoes, return bill with presidential objections to the house of origin. Veto maybe overridden upon vote of 2/3 of all members of the House of origin and other House;

4. Presidential inaction for 30 days from receipt of the bill: bill becomes a law as if the samehad been signed by him.

General Rule: if the President disapproves a bill enacted by Congress, he should vetothe entire bill. He is not allowed to separate items of a bill.

Exception: Item-veto in the case of appropriation, revenue, and tariff bills (Sec. 27 [2],Art. VI).

Doctrine of Inappropriate Provisions a provision that is constitutionally inappropriatefor an appropriation bill may be singled out for veto even if it is not an appropriation orrevenue "item." (Gonzales v. Macaraig, Jr., 191 SCRA 452)

executive Impoundment refusal of the President to spend funds already allocated byCongress for a specific purpose (See Philconsa v. Enriquez, 54 SCAD 561, 235 SCRA

544).

Legislative veto a congressional veto is a means whereby the legislature can blockor modify administrative action taken under a statute. It is a form of legislative controlin the implementation of particular executive action. The form may either be negative,i.e., requiring disapproval of the executive action, or affirmative, i.e., requiringapproval of the executive action.

Bills that Must Originate from the House of Representatives:1. Appropriation bill;


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2. Revenue and Tariff bills (so-called RAT Bills);3. Bills authorizing increase in public debts;4. Bill of local application; and5. Private bills.

Appropriating Power Appropriations law A statute the primary and specific purpose of which is to authorize

release of public funds from treasury.

Classification:1. General Appropriation law passed annually, intended to provide for the financialoperations of the entire government during one fiscal period.

2. Special Appropriation law designed for a specific purpose.

Implied Limitations on Appropriation Power:1. must specify public purpose;2. sum authorized for release must be determinate, or at least determinable.

Constitutional Limitations on Special Appropriation Measures:1. must specify public purpose for which the sum was intended;2. must be supported by funds actually available as certified by the National treasurer or to be

raised by corresponding revenue proposal included therein (Sec. 25 [4] Art. VI).

Constitutional Rules on General Appropriations Laws (Sec. 25, Art. VI)1. Congress may not increase appropriations recommended by the President for operation ofthe government;

2. Form, content and manner of preparation of budget shall be provided by law;

3. No provision or enactment shall be embraced unless it relates specifically to some particularappropriations therein;

4. Procedure for approving appropriations for Congress shall be the same as that of otherdepartments to prevent sub rosa appropriations by Congress;

5. Prohibition against transfer of appropriations (doctrine of augmentation), however:a. President;b. Senate President;c. Speaker of the House of Representatives;d. Chief Justice; ande. Heads of the Constitutional Commissions

may, by law, be authorized to augment any item in the general appropriations lawfor their respective offices from savings in other items of their respectiveappropriations.

6. Prohibitions against appropriations for sectarian benefit; and7. Automatic re-appropriation.

power of Taxation:

Limitations:1. Rule of taxation shall be uniform and equitable and Congress shall evolve aprogressive system of taxation.2. Charitable institutions, etc., and all lands, buildings and improvements actually,directly and exclusively used for religious, charitable or educational purposes shall beexempt from taxation.3. All revenues and assets of non-stock, non-profit educational institutions usedactually, directly and exclusively for educational purposes shall be exempt from taxesand duties.


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4. Law granting tax exemption shall be passed only with the concurrence of a majorityof all the member of Congress.

Power of Legislative Investigation (Sec. 21, Art. VI)

Limitations:1. must be in aid of legislation;

2. in accordance with duly published rules of procedure; and3. right of person appearing in, or affected by such inquiry shall be respected.

Question Hour the heads of departments may, upon their own initiative, with the consentof the President, or upon the request of either house, as the rules of each house shall provide,appear before and be heard by such house on any matter pertaining to their departments.Written questions shall be submitted to the President of the Senate or the Speaker of theHouse of Representatives at least 3 days before their scheduled appearance. Interpolationsshall not be limited to written questions, but may cover matters related thereto. When thesecurity of the State or the public interest so requires, the appearance shall be conducted inexecutive session.

Article VII Executive Department

President

Qualifications (Sec. 2, Art. VII)1. natural-born citizen;2. registered voter;3. able to read and write;4. at least 40 years of age on the day of the election; and5. resident of the Philippines for at least 10 years immediately preceding the election.

Election: elected at large by direct vote (Sec. 4, Art. VII). Canvassing Board: Congress

In case of Tie: Congress by majority vote shall select. Electoral Tribunal: Supreme Court Termof Office: 6 years, no re-election and person having succeeded as president and has servedas such for more than 4 years not qualified for the same office at any time.

Manner of Removal: impeachment only (Secs. 2 and 3, Art. XI)

Salary: determined by law and cannot be increased during his term.

Prohibitions and Inhibitions (Secs. 6 and 13, Art. VII)1. shall not receive other emolument from government or any other source;2. shall not hold any other office or employment unless otherwise provided by the Constitution;3. shall not practice any other profession, participate in any business, or be financiallyinterested in any contract with, or in any franchise or special privilege granted by governmentor any subdivision, agency or instrumentality thereof, including GOCC's or their subsidiaries;4. avoid conflict of interest in conduct of office; and5. avoid nepotism.

Vice President

Qualifications, election, term of office, and removal: same as President (Sec. 3, Art. VII). No VP shall serve for more than two consecutive terms. VP may be appointed as member of the Cabinet; need not be confirmed. Vacancy President shall nominate a VP from among members of the Senate and House ofRepresentatives who shall assume office upon confirmation by a majority vote of all membersof both Houses of Congress voting separately (Sec. 9, Art. VII).

Note the Rules on Succession


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President overrides Cabinet initiative by transmitting to the same officials that no inabilityexists; he shall reassume powers and duties of the Office of the President.

Majority of members of Cabinet transmit within 5 days to the Senate President and Speakertheir written declaration that the President is unable to discharge the powers and duties of thePresident, Congress shall decide the issue

Congress will convene, if in session within 48 hrs. and if within 10 days from receipt of lastwritten declaration, or if not in session, within 12 days after it is required to assemble,Congress determines by 2/3 votes of both Houses, voting separately, that President is unableto discharge the powers and duties of his office, the Vice-president shall act as President;otherwise, the President shall continue to exercise the powers and duties of his office.

Presidential Power

[1] Executive power power to enforce and administer laws. President's power of general supervision over local governments could be exercisedby him only as may be provided by law. President shall ensure that laws are faithfully executed. Until and unless a law is declared unconstitutional, President has a duty to execute itregardless of his doubts as to its validity. (Secs. 1 and 17, Art. VII).

[2] Power of AppointmentAppointment is the selection, by the authority vested with the power, of anindividual who is to exercise the functions of a given office.Designation the imposition of additional duties, usually by law, on a personalready in the public service.Commission the written evidence of the appointment.

Classifications:

permanent or temporary:

1. permanent - those extended to persons possessing the requisite eligibility andare thus protected by the constitutional guaranty of security of tenure;temporary - those given to persons without such eligibility, revocable at will

and without the necessity of just cause or a valid investigation, made on theunderstanding that the appointing power has not yet decided on a permanentappointee and that the temporary appointee may be replaced at any time apermanent choice is made. regular or ad interim: regular - one made by thePresident while Congress is in session, takes effect only after confirmation bythe Commission on Appointments, and once approved, continues until the endof the term of the appointee;

2. ad interim one made by the President while Congress is not in session, takeseffect immediately but ceases to be valid if disapproved by the Commission onAppointments or upon the next adjournment of Congress Ad interimappointment is deemed "by-passed" through inaction and deemed disapprovedby the Commission on Appointments.

Officials Subject to the Appointment by the President (Sec 16, Art. VII)1. heads of executive departments;

2. ambassadors and other public ministers and consuls;3. officers of the AFP from the rank of colonel or naval captain;4. other ministers whose appointments are vested in him by the Constitution;

numbers 1 to 4: subject to confirmation by Commission onAppointments.5. all other officers of the government whose appointments are not providedfor by law; and6. those whom he may be authorized by law to appoint.

Appointing Procedure:


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1. nomination by the President;2. confirmation by the Commission on Appointments;3. issuance of commission; and4. acceptance by appointee.

deemed complete upon acceptance.

Limitations on Appointing Power:

1. Appointments made by an acting-President shall remain effective unlessrevoked within 90 days from assumption of office by elected President (Sec.14, Art. VII); and2. President or acting-President shall not make appointments excepttemporary ones to executive positions 2 months immediately before nextPresidential elections and up to the end of his term. Only when continuedvacancy will prejudice public service or endanger public safely (Sec. 15, Art.VII).

[3] Power of Removal

General rule: this power is implied from the power to appoint.Exception: those appointed by him where the Constitution prescribes certain methodsfor separation from public service.

[4] Power of Control

Control power of an officer to alter or modify or nullify or set aside what asubordinate officer had done in the performance of his duties and to substitute thejudgment of the former for that of the latter.

Supervision overseeing or the power or authority of an officer to see thatsubordinate officers perform their duties and if the latter fail or neglect to fulfill them,then the former may take such action or steps as prescribed by law to make themperform their duties.

Doctrine of Qualified Political Agency or Alter Ego Principle acts of theSecretaries of Executive departments when performed and promulgated in the regularcourse of business or unless disapproved or reprobated by the Chief Executive, arepresumptively the acts of the Chief Executive (City of lligan v. City of Lands, 158 SCRA158).

[5] Military Powers (Sec. 18, Art. VIII)a. Commander-in-Chief clause

to call out the Armed Forces to prevent or suppresslawless violence, invasion or rebellion. organize courts martial and create military commissions.

b. Suspension of the Writ of Habeas Corpus and Declaration of Martial Law grounds: invasion or rebellion. duration: not more than 60 days, following which it shall be lifted, unlessextended by Congress.duty of the President to report to Congress: within 48 hours personally or inwriting. authority of Congress to revoke or extend the effectivity of proclamation: bymajority vote of all of its members voting jointly.

authority of the Supreme Court to inquire into the sufficiency of the factualbasis for such action. proclamation does not affect the right to bail. suspension applies only to persons facing charges of rebellion or offensesinherent in or directly connected with invasion. person arrested must be charged within 3 days; ifnot must be released. proclamation does not supersede civilian authority.

[6] Pardoning Power (Sec. 19, Art. VII)


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Pardon act of grace which exempts individual on whom it is bestowed from punishmentwhich the law inflicts for a crime he has committed.

Pardon Classified:1. Plenary or partial; and2. absolute or conditional.

Commutation reduction or mitigation of the penalty. Reprieve postponement ofsentence or stay of execution.

Parole release from imprisonment, but without full restoration of liberty, as paroleeis in the custody of the law although not in confinement.

Amnesty act of grace, concurred in by the Legislature, usually extended to groups ofpersons who committed political offenses, which puts into oblivion the offense itself.

Exercise by the President discretionary, may not be controlled by the legislature orreversed by the court, unless there is a constitutional violation.

Limitations:1. cannot be granted in cases of impeachment;

2. cannot be granted in violations of election laws without favorable recommendationsof the COMELEC;3. can be granted only after conviction by final judgment (except amnesty);4. cannot be granted in cases of legislative contempt or civil contempt;5. cannot absolve convict of civil liability; and6. cannot restore public offices forfeited.

distinctions

Amnesty1. Political offenses2. Classes of persons3. Requires concurrence of congress4. Public act to which court may take judicial notice of

5. Looks backward and puts to oblivion the offense itself

Pardon1. Infractions of peace2. Individuals3. Does not require the concurrence of congress4. Private act which must be pleaded and proved5. Looks forward and relieves the pardonee of the consequence of the offense

[7] Borrowing power (Sec. 20, Art. VII)

The President may contract or guarantee foreign loans on behalf of the Republic withthe concurrence of the Monetary Board, subject to such limitations as may be providedby law. Monetary Board shall submit to Congress report on loans within 30 days from end of

every quarter.

[81 Diplomatic power (Sec. 21, Art. VII)

No treaty or international agreement shall be valid and effective unless concurred inby at least 2/3 of all members of Senate

Distinctions

Treaties


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1. International agreements which involve political issues or changes of nationalpolicy and those involving international arrangement of a permanent character.2. Formal documents require ratification.

Executive Agreements1. International agreements involving adjustment of details carrying out well-established national policies and traditions and involving arrangements of a more or

less temporary nature.2. Become binding through executive action.

[9] Budgetary power (Sec. 22, Art. VII) within 30 days from opening of every regular session, President shall submit to Congress abudget of expenditures and sources of financing, including receipts from existing and proposedrevenue measures.

[10] Informing power (Sec. 23, Art. VII) President shall address Congress at the opening of its regular session. President may

also appear before it at any other time.

[11] Residual power whatever is not judicial; whatever is not legislative; is residual power exercised by

the President (Marcos v. Manglapus, 1989)

[12] Other powers1. call Congress to a special session (Sec. 15, Art. VI);2. power to approve or veto bills (Sec. 27, Art. VI);3. power to deport aliens (Sec. 2 [2], Art. IX-C);4. consent to deputization of government personnel by COMELEC (Sec. 2 [81, Art. IX-C);5. to discipline such deputies (Sec. 2 [8], Art. IX-C);6. by delegation from Congress, exercise emergency (Sec. 23 [2], Art. VI) and tariffpowers (Sec. 28 [2], Art. VI); and7. general supervision over local government units and autonomous regionalgovernments (Art. X).

Conditions for the Exercise of the President of Emergency1. emergency powers of the President can be exercised only in times of war or nationalemergency;2. there must be a law authorizing the President to exercise emergency powers;3. exercise must be for a limited period;4. must be subject to restrictions which Congress may provide; and5. exercise must be necessary and proper to carry out a declared national policy.

Article VIII Judicial Department

Judicial Power duty of courts of justice to settle actual controversies involving rights whichare legally demandable and enforceable, and to determine whether or not there has been agrave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branchor instrumentality of Government (Sec. 1, par. 2, Art. VIII).

Judicial power is vested in:1. One Supreme Court; and2. such lower courts as may be established by law (Sec. 1, Art. VIII).

Jurisdiction power to hear and decide a case and execute decision thereof.

Safeguards that guarantee Independence of Judiciary:1. SC is a Constitutional body; may not be abolished by law;2. members are only removable by impeachment;


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3. SC may not be deprived of minimum and appellate jurisdiction; appellate jurisdiction maynot be increased without its advice or concurrence;4. SC has administrative supervision over all inferior courts and personnel;5. SC has exclusive power to discipline judges/justices of inferior courts;6. members of judiciary enjoy security of tenure;7. members of judiciary may not be designated to any agency performing quasi-judicial oradministrative functions;

8. salaries of judges may not be reduced; judiciary enjoys fiscal autonomy;9. SC alone may initiate Rules of Court;10. SC alone may order temporary detail of judges; and11. SC can appoint all officials and employees of the Judiciary (Nachura, p. 154).

Appointment to the JudiciaryQualifications of proven competence, integrity, probity and independence.Chief Justice and Associate Justices of the Supreme Court:1. Natural-born citizen;2. at least 45 years old;3. 15 years or more a judge of a lower court or engaged in the practice of law in thePhilippines.

Presiding Justice and Associate Justices of the Court of Appeals: Same qualifications as those provided for Justice of the Supreme Court:

Regional Trial Court Judges:1. Natural-born citizen;2. at least 35 years old; and3. has been engaged for at least 10 years in the practice of law in the Philippines orhas held public office in the Philippines requiring admission to the practice of law as anindispensable requisite.

Metropolitan. Municipal and Municipal Circuit Trial Court Judges:1. Natural-born citizen;2. at least 30 years old; and3. has been engaged for at least 5 years in the practice of law in the Philippines or hasheld public office in the Philippines requiring admission to the practice of law as anindispensable requisite.

Procedure in Appointment:1. Appointed by President from among a list of at least 3 nominees prepared by theJudicial and Bar Council for every vacancy.2. For lower courts, President shall issue the appointment 90 days from submission ofthe list.

Judicial and Bar CouncilComposition: Chief Justice as ex officio chairman;Secretary of Justice; ex officio membersRepresentative of Congress; }Representative of the IBP; }Professor of Law; ) regular membersRetired member of SC; and IRepresentative of Private Sector. )

Clerk of the Supreme Court as Secretary de officio.

Appointment regular members shall be appointed by the President for a 4-year term with consentof Commission on Appointments.

Powers and Functions recommend appointees to the Judiciary; may exercise such other functions as may be assigned by the SC (Sec. 8, Art. VIII).


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Supreme CourtComposition: Chief Justice and 14 Associate Justices. may sit en banc or in its discretion, in divisions of 3, 5 or 7 members. any vacancy shall be filled within 90 days from occurrence thereof.

Powers (Sec. 5, Art. VIII):1. Original jurisdiction

over cases affecting ambassadors, other public ministers and consuls; over petitions for Certiorari, Prohibition, Mandamus (CPM), Quo warranto and Habeascorpus; and review factual basis for the declaration of martial law or suspension of the writ ofhabeas corpus.

2 Appellate jurisdiction over final judgments and orders of lower courts in 5 sets of cases enumerated in Sec.5 (2-d), Art. VIII; covers only final orders or judgments of lower courts.

3. Temporary assignment of judges of lower courts to other stations as public interestmay require. Not to exceed 6 months without the consent of the judge concerned.

4. Order change of venue or place of trial, to avoid miscarriage of justice.

5. Rule-making: promulgate rules concerning protection and enforcement ofconstitutional rights, pleading, practice and procedure in all courts, admission to thepractice of law, Integrated Bar, and legal assistance to the underprivileged.

Limitations:a. provide a simplified and inexpensive procedure for speedy disposition ofcases;b. uniform for all courts in the same grade; andc. shall not diminish, increase or modify substantive rights.

Writ of amparo writ which may be issued by the courts based onthis constitutional power of the Supreme Court to promulgate rules forthe protection and enforcement of constitutional rights.

6. Power of appointment SC appoints all officials and employees of the Judiciary in accordance with CivilService Law.

7. Power of administrative supervision SC shall have administrative supervision over all courts and the personnel thereof.

8. Yearly report within 30 days from the opening of each regular session of Congress, SC shall submitto the Presidentand Congress an annual report on the operation and activities of the Judiciary.

Power of Judicial Review

power of courts to test validity of executive and legislative acts if same are in accordance withthe Constitution. An expression of supremacy of Constitution (See Angara v. ElectoralCommission. 63 Phil. 139).

Judicial Power includes:a. duty of courts to settle actual controversies involving rights which are legallydemandable and enforceable; andb. to determine whether or not there has been a grave abuse of discretion amountingto lack or excess of jurisdiction on part of any branch or instrumentality of government(Sec. 1. Art. VIII).


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Grave Abuse of Discretion Amounting to Lack of Jurisdiction capricious andwhimsical exercise of judgment. The abuse of discretion must be patent and gross asto amount to an evasion of positive duty or virtual refusal to perform a duty enjoinedby law, or to act at all in contemplation of law, as where the power is exercised in anarbitrary and despotic manner by reason of passion or hostility {Kapatiran ng MgaNaglilingkod Sa Pamahalaan ng Pilipinas v. Tan, June 1988).

Justiciable question a given right, legally demandable and enforceable, an act oromission violative of such right, and a remedy granted by law for said breach of right.Political question those questions which, under the Constitution, are to be decidedby the people in their sovereign capacity; or in regard to which full discretionaryauthority has been delegated to the legislature or executive branches of government.

Requisites of Judicial Review:

1. actual case or controversy a conflict of legal rights, an assertion of opposite legalclaims susceptible of judicial adjudication. Case must not be moot and academic,unless there is a need for the court to exercise its symbolic functions;

2. constitutionality of statute must be raised by the proper party one who hassustained or is in imminent danger of sustaining an injury as a result of the act

complained of;

3. constitutional question must be raised at the earliest opportunity generally, raisedin the pleadings, however. in criminal cases, the question can be raised at any time atthe discretion of the court, in civil cases, the question can be raised at any stage ifnecessary for the determination of the case itself and in every case, except wherethere is estoppel, it can be raised at any stage if it involves the jurisdiction of the court;and

4. determination of constitutionality of the statute must be necessary to a finaldetermination of the case because of the doctrine of separation of powers whichdemands that proper respect be accorded the other departments, courts are loathe todecide constitutional questions as long as there is some other basis that can be usedfor a decision.

Effects of Declaration of Unconstitutionality:1. Orthodox view - an unconstitutional act is not a law, it confers no rights, it imposesno duties, it affords no protection, it creates no office, it is inoperative, as if it had notbeen passed at all.

2. Modern view - courts simply refuse to recognize the law and determine the rights ofthe parties as if the statute had no existence.

Partial Unconstitutionality:1. Legislature willing to retain valid portion (Separability Clause); and2. The valid portion can stand independently as law.

Tenure of Justices and Judges:Supreme Court hold office until they reach 70 years of age or become incapacitated

to discharge their duties. may be removed only through impeachment.

Lower Courts hold office during good behavior until they reach 70 years of age orbecome incapacitated to discharge their duties (Sec. 11, Art. VIII).

by majority vote of members who actually took part in the deliberation onthe and voted thereon.

SC en banc shall have the power to discipline judges of lower courts or order theirdismissal.


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no law shall be passed reorganizing the Judiciary when it undermines thesecurity of tenure of its members (Sec. 2, Art. VIII).

Period for Decision (Sec. 15, Art. VIII) all cases filed after the effectivity of the Constitution must be decided or resolved, from thedate of submission, within:

a. SC 24 months

b. Lower Collegiate Courts 12 months } unless periodc. All other lower courts 3 months ) is reduced by SC

a certification to be signed by the Chief Justice or Presiding Justice shall beissued stating the reason for the delay.

court, without prejudice to such responsibilities as may have been incurred

in consequence thereof shall decide or resolve the case or mattersubmitted to it without further delay, despite expiration of mandatoryperiod.

court does not lose jurisdiction over the case, despite the lapse of themandatory period.

erring judge or justice may be subjected to administrative sanctions for thedelay.

Sin perjuicio judgment a judgment without a statement of the facts insupport of its conclusions, to be later supplemented by the final judgment.

Practice disapproved by the Supreme Court.

Article IX Constitutional Commissions

Independent Constitutional Commissions:

l Civil Service Commission2. Commission on Elections3. Commission on Audit

safeguards that Guarantee the Independence of the Commissions:

1. they are constitutionally created; may not be abolished by statute;2. each is conferred certain powers and functions which cannot be reduced by statute;3. each expressly described as "independent;"

4. chairmen and members are given fairly long term of office of 7 years;5. chairmen and members cannot be removed except by impeachment;6. chairmen and members may not be reappointed or appointed in an acting capacity;7. salaries of chairmen and members are relatively high and may not be decreasedduring continuance in office;8. commissions enjoy fiscal autonomy;9. each commission may promulgate its own procedural rules;10. chairmen and members are subject to certain disqualifications calculated tostrengthen their integrity; and11. commissions may appoint their own officials and employees in accordance withCivil Service Law.

Inhibitions and Disqualifications:

1. shall not during tenure, hold any other office or employment;2- shall not engage in the practice of any profession;3- shall not engage in the active management or control of any business which in anyway may be affected by the functions of his office; and4. shall not be financially interested, directly or indirectly, in any contract with, or inany franchise or privilege granted by the government, any of its subdivisions, agenciesor instrumentalities, including government-owned or -controlled corporations or theirsubsidiaries.

Civil Service Commission


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Composition: 1 chairman; 2 commissioners Qualifications:1. natural-born citizen;2. at least 35 years old at the time of appointment;3. with proven capacity for public administration; and4. not a candidate immediately preceding the appointment.

Term: 7 years without reappointment.

Classes of Service:

1. Career service characterized by entrance based on merit and fitness to be determined bycompetitive examination or based on highly technical qualifications.

opportunity for advancement; security of tenure.

a. open career positions prior qualification via examination;b. closed career positions e.g., scientific or highly technical;c. career executive service e.g., Undersecretaries, Bureau Directors;d. career officers appointed by President, e.g., foreign service;e. positions in AFP, governed by separate merit system;f. personnel of GOCC's with original charter; and

g. permanent laborers, whether skilled, semi-skilled or unskilled.

2. Non-career service characterized by entrance on bases other than those of usual testsutilized for career service.

tenure limited to period.

a. elective officials and their personal and confidential staff;b. department heads and officials of cabinet rank; and their personal and confidentialstaff;c. chairmen and members of commissions and boards with fixed terms of office andtheir personal and confidential staff;d. contractual personnel or those whose employment in government is in accordancewith special contract for specific work; ande. emergency and seasonal personnel.

Policy Determining lays down principal or fundamental guidelines or rules. formulates method of action.

Primarily Confidential primarily close intimacy which insures freedom of intercoursewithout embarrassment of freedom from misgivings or betrayals on confidentialmatters of state;

or one declared to be so by President upon recommendation of CSC.

Highly Technical requires possession of technical skill or training in supreme orsuperior degree.

Disqualifications Against Appointment:

1. No candidate who has lost in any election shall, within one year after such election,

be appointed to any office in the Government or any government-owned or -controlledcorporation or in any of their subsidiaries.

2. No elective official shall be eligible for appointment or designation in any capacity toany public office or position during his tenure.

3- Unless otherwise allowed by law or by the primary functions of his position, noappointive official shall hold any other office or employment in the Government or anysubdivision, agency or instrumentality thereof, including government-owned or-controlled corporations or their subsidiaries.


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Security of Tenure No officer or employee of the civil service shall beremoved or suspended except for cause provided by law.

Commission on Election

Composition:

1 chairman; 6 commissioners

Qualifications:1. natural-born citizen;2. at least 35 years old at the time of appointment;3. college degree holder;4. not candidate in election immediately preceding the appointment; and5. majority, including the chairman, must be members of the Philippine Bar who havebeen engaged in the practice of law for at least 10 years.


Powers and Functions:

1. enforce and administer law and regulations relative to conduct of elections,

plebiscite, initiative, referendum or recall;

2. exclusive original jurisdiction over all contests relating to election, returns andqualifications of all elective regional, provincial, and city officials;

3. exclusive appellate jurisdiction over all contests involving elective municipal officialsdecided by RTC, or involving elective barangay officials by MTC;

4. decide, except those involving right to vote, all questions affecting elections,including the determination of number and location of polling places, appointment ofelection officials and inspectors and registration of voters;

5. deputize, with concurrence of President, law enforcement agencies andinstrumentalities for exclusive purpose of insuring free, orderly, honest, peaceful and

credible elections;

6. register, after sufficient publication, political parties, organizations or coalitionswhich must present their platform or program of government; accredit citizen's arms;:

7. file upon verified complaint or motu proprio petitions in court for inclusion orexclusion of voters; investigate and, where appropriate, prosecute cases of violationsof election laws;

8. recommend to Congress effective measures to minimize election spending,limitation of places and prevent and penalize all forms of election frauds, offenses,malpractice and nuisance candidates; and

9. submit to the President and Congress, comprehensive reports on conduct of eachelection, plebiscite, initiative, referendum or recall.

Commission on Audit

Composition: 1 chairman; 2 commissioners.

Qualifications:1. natural-born citizen;2. at least 35 years old at the time of appointment;


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3. CPA's with at least 10 years auditing experience or members of the Bar with at least10 years practice of law; at no time shall all members belong to the same profession;and4. not candidates in election immediately preceding appointment.


Powers and Duties:

1. examine, audit and settle all accounts pertaining to revenue and receipts of, andexpenditures or uses of funds and property owned or held in trust or pertaining togovernment;

2.keep general accounts of government and preserve vouchers and supporting papers;authority to define scope of its audit and examination, establish techniques andmethods required therefor; and promulgate accounting and auditing rules andregulations, including those for prevention and disallowance.

Article XIAccountability of Public Officers

Note the Procedure in Impeachment

Officials Removable by Impeachment:

1. President;2. Vice-President;3 Members of the Supreme Court;4. Chairmen and Members of the Constitutional Commissions;5. Ombudsman; and6. Presiding and Associate Justices of the Sandiganbayan (P.D. No. 1606).

Grounds for Impeachment:1. Culpable violation of the Constitution;2. Treason;3. Bribery;4. Graft and Corruption;5. Other high crimes; and6. Betrayal of public trust.

Effect of Conviction removal from office and disqualification to hold any office under theRepublic of the Philippines. But the party convicted shall continue to function and exercise itsjurisdiction as now or thereafter may be provided by law.

The Sandiganbayan the anti-graft court shall continue to function and exercise itsjurisdiction as now and hereafter may be provided by law.

Composition:1 Presiding Justice and 14 Associate Justices with the rank of Justice of the CA Sits in 5divisions of 3 members each.

Decision and Review:unanimous vote of all 3 members shall be required for the pronouncement of judgment by adivision.

Decision shall be reviewable by the SC on petition for certiorari.

Jurisdiction of the Sandiganbavan:

1. Original Jurisdiction

a) violations of 'R.A. No. 3019 (AGCPA); R.A. No. 1379; and Chapter II. Sec. 2, Title VIIof the Revised Penal Code. where one or more of the principal accused are officials


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occupying the following positions in the government whether in a permanent, acting orinterim capacity at the time of the commission of the offense:

(i) Officials of the Executive branch with the position of Regional Director orhigher, or with Salary Grade Level 27 (G27) according to R.A. No. 6758,specifically including:

(ia) Provincial Governors, Vice-governors; Board members, provincialtreasurers, assessors, engineers and other provincial department

heads;

(ib) City Mayors, Vice-mayors, city councilors; city treasurers,assessors, engineers and other city department heads;

(ic) Officials of the Diplomatic Service from consuls or higher;

(id) PA/PAF colonels; PN naval captains and all officers of higher rank;

(ie) PNP chief superintendents and PNP officers of higher rank;

(if) City/Provincial prosecutors and their assistants, and officials andprosecutors in the Office of the Ombudsman and Special Prosecutor;and

(ig) Presidents, directors, trustees, or managers of GOCC's, stateuniversities or educational institutions or foundations;

(ii) Members of Congress and officials thereof with G27 and up;

(iii) Members of the Judiciary without prejudice to the Constitution;

(iv) Chairmen and members of the Constitutional Commissions withoutprejudice to the Constitution; and

(v) All other national and local officials with G27 of higher;

b) Other offenses committed by the foregoing in relation to their office;

c) Civil and criminal cases filed pursuant to and in connection with E.O. Nos. 1, 2, 14

and 14-A. If none of the principal accused are occupying the foregoing positions,exclusive jurisdiction shall be vested in the proper RTC/MeTC/MTC/MCTC, asthe case may be pursuant to their respective jurisdiction under B.P. Blg. 129,as amended.

2. Exclusive Original Jurisdiction over petitions for the issuance of the writs of mandamus,prohibitions, certiorari, habeas corpus, injunction and other ancillary writs and processes in aidof its appellate jurisdiction: Provided, That jurisdiction over these petitions shall not beexclusive of the Supreme Court; and

3. Exclusive Appellate Jurisdiction on appeals from final judgments, resolutions or orders ofregular courts where all accused are not occupying positions with G27 or are otherwise notincluded in the foregoing enumeration.

The Ombudsman protectors and champion of the people.

Composition: An Ombudsman to be known as Tanodbayan, one overall Deputy and at least oneDeputy each for Luzon, Visayas and Mindanao. A separate Deputy for the militaryestablishment may likewise be appointed.

Qualifications of the Ombudsman and his deputies:1. natural horn citizen;2. at least 40 yrs. old;3. of recognized probity and independence;


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4- member of the Philippine Bar; and5. must not have been candidates for any elective office in the immediately precedingelection.

Term of Office 7 years withoul reappointment.

Disqualifications and Inhibitions: during their tenure,1. shall not hold any other office or employment;

2. shall not engage in the practice of any profession or in the active management orcontrol of any business which in any way may be affected by the functions of his office;

3. shall not be financially interested, directly or indirectly, in any contract with, or inany franchise or privilege granted by the government, or any of its subdivisions, etc.;and

4. shall not be qualified to run for any office in the election immediately succeedingtheir cessation from office.

Powers and Functions:

1. shall act promptly on complaints filed in any form or manner against public officialsand employees of the government, or any subdivision, agency or instrumentality

thereof, including GOCC's, and shall, in appropriate cases, notify the complainants ofthe action taken and the result thereof;

2. investigate on its own, or on any complaint by any person, any act or omission ofany public official, employee, office or agency, when such act or omission appears tobe illegal, unjust, improper, or inefficient;

3. direct, upon complaint or on its own instance, any public official or employee of thegovernment, etc., as well as any GOCC with original charter, to perform or expediteany act or duty required by law, or to stop, prevent and correct any abuse orimpropriety in the performance of duties;

4. direct the officer concerned to take appropriate action against a public official oremployee at fault, and recommend his removal, suspension, demotion, fine, censure,

or prosecution, and ensure compliance therewith;

5. direct the officer concerned, in any appropriate case, and subject to such limitationsas may be provided by law, to furnish it with copies of documents relating to contractor transactions entered into by his office involving the disbursement or use of publicfunds or properties, and report any irregularity to the Commission on Audit forappropriate action;

6. request any government agency for assistance and information necessary in thedischarge of its responsibilities, and to examine, if necessary, pertinent records anddocuments;

7. publicize matters covered by its investigation when circumstances so warrant andwith due prudence;

8. determine the causes of inefficiency, red tape, mismanagement, fraud, andcorruption in the government and make recommendations for their elimination and theobservance of high standards of ethics and efficiency;

9. promulgate its rules of procedure and exercise such other powers or perform suchfunctions or duties as may be provided by law.

Special Prosecutor the existing tanodbayan (at the time of the adoption of the 1987Constitution) shall hereafter be known as the Office of the Special Prosecutor. It shall continue


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to function and exercise its powers as now or hereafter provided by law, except thoseconferred on the Office of the Ombudsman created under the Constitution.

Ill-gotten Wealth the right of the State to recover properties unlawfully acquired bypublic officials or employee, from them or from their nominees or transferees, shall notbe barred by prescription, laches or estoppel.

Article XIINational Economy and Patrimony

Goals of the National Economy (Sec. 1, Art. XII)1. more equitable distribution of wealth;2 increased wealth for the benefit of the people; and3. increased productivity

Regalian Doctrine (Jura Regalia) universal feudal theory that all lands were held from the Crown. all lands of the public domain, waters, minerals, coal petroleum and other mineraloils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna,and natural resources belong to the state. With the exception of agricultural lands, allother natural resources shall not be alienated (Sec. 2, Art. XII).

Classification of Lands of the Public Domain (Sec. 3, Art. XII)1. agricu

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