Consti 1 Reviewer Based on Ma'Am Gwens Outline of Terms (1)

8/10/2019 Consti 1 Reviewer Based on Ma'Am Gwens Outline of Terms (1)

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Definition ofterms Definition

Case/ source

Constitution o Fundamental law which sets up a form of government and define and delimits thepowers thereof and those of its officers, reserving to the people themselves plenarysovereignty

o Represents the supreme will of the people and binds them to its limitations.

o It is a social contract

o Safeguard to the rights of citizens

o Written constitutions are rigid but allow different interpretations depending on the

times and the needs of the people

Article by MyrnaFeliciano

Self-executoryprovisions

o a mandatory, positive command which is complete in itself and which needs not further

guidelines or implementing laws or rules for its enforcement. It does not need legislation

to be able to be put into operation.

Tanada v. Angara

Non-self-executoryprovisions

o needs an implement law for it to be enforceable

o usually composed of general policies and principles of the state

Constituentpower

o the power to propose, revise, create constitutions Notes and Bernas

Amendment o Done through constituent assembly, constitutional convention and peoples initiativeo !nvisages an alteration of one or a few specific and isolated provisions of the constitution

o Its guiding original intention is to improve specific parts or to add new provisions or to

suppress e"isting ones according as addition or subtraction might be demanded by e"istingconditions

Revision o Done through constituent assembly and constitutional conventiono #uiding intention and plan contemplate a re$e"amination of the entire document or

important cluster of provisions in the document to determine how and to what e"tent itshould be altered. %he end product of a revision can be an important structural change inthe government or a change which affects several provisions of the constitution

Judicial review o %he way by which rights are enforcedo Important to &udicial power

o 'll constitutional cases are manifestations of (udicial reviewo Involves interpretation of laws

Notes from MaamGwen

o )ne of the greatest contributions of the *S legal system to the +hilippine legal system

o Founded upon a supremacy of the constitution

o Rests in the entire &udicial branch not &ust the S

o Does not change the nature of &udicial power away from +'SSI-!

o Functions &urisprudence, guidance for future references and it serves to legitimize a

/uestioned act

avid v. Arroyo

o !ssential for the maintenance and enforcement of the separation of power and the

balancing of powers among the three great departments of governmento iting 'ngara v. !lectoral commission an integral component of the delicate system of

chec0s and balances which, together with the corollary principles of separation of powers,forms the bedroc0 of our republican form of government and insures that its vast powersare utilized only for the benefit of the people for which it serves

o 1oderating power to determine the proper allocation of powers

o %he power of the court to settle actual controversies involving rights which are legally

demandable and enforceableo !2%!3D!D S)+! '3D !2+R!SS )3S%I 1'3D'%! product of the e"perience of

martial lawo 3)% )345 a (*DII'4 +)W!R but a D*%5

o 'ddresses /uestions as to whether the government had authority or had abused its

authority to the e"tent of lac0ing &urisdiction or e"cess of &urisdiction

Francisco !r. ".Nagmamalasa#it

na mgaManananggol ng

mgaManggagawang

$ili%ino& 'nc.

Doctrine of

operative fact

o Recognizes that before is struc0 down that it has already been implemented and may have

factual conse/uences

$lanters %roduct v.Fertili(er $)ili%%ines

Judicial Power o Includes the duty of courts of &ustice 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 lac0 or e"cess of &urisdiction on the part orinstrumentality of the government

o Refers to ordinary cases

Francisco !r. ".Nagmamalasa#it na mga

Manananggol ng mgaManggagawang $ili%ino&

'nc

Ripeness o +rere/uisite that something had by then been accomplished or performed by either branchbefore a court may come into the picture

o %he /uestioned acts should have already been carried out

Francisco !r. ".Nagmamalasa#it namga Manananggol

ng mga

Manggagawang$ili%ino& 'nc

Lis Mota o Resolution of the /uestion is unavoidably necessary to the decision of the case itself

Political uestion o

iting %anada v. uenco

a /uestion of policy. It refers to those /uestions which underthe constitution are to be decided by the people in their sovereign capacity or in regard towhich full discretionary authority has been delegated to the legislature or e"ecutive branchof the government. It is concerned with issues dependent upon wisdom not legality of aparticular measure

o 6 types

7. %ruly political /uestions 8 beyond &udicial review6. not truly political /uestions 'R% -III S! 7

o iting 9a0er v. arr(*DII'445 DIS)-!R'94! S%'3D'RDS to determine if the issue is

a political /uestion7. te"tually demonstrable constitutional commitment of the issue to a coordinate

political department6. lac0 of &udicially discoverable and manageable standards for resolving it:. impossibility of deciding without an initial policy determination of a 0ind clearly for

non$&udicial determination

!erm o a fi"ed period of time for which an elective official ideally stays in office ima%oro v. Mitra!enure o %he actual time that an elective official serves in office

Residence anddomicile

o In election law mean the same; *nli0e in civil law wherein domicile is permanent and

wherein one has the intention of returning and residence can be the home actuallyoccupied but only temporarily

o In o v. !lectoral tribunal of the


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Le$islativedistrict

o +olitical unit but not a separate subdivision

o an not act by itself because it has no independent legal personality

Police power Section %. %he legislative power shall be vested in the ongress of the +hilippines whichshall consist of a Senate and a onstitution. 'rticle I, Section 7

provides that the national territory of the +hilippines includes the +hilippine archipelago, with all

the islands and waters embraced thereinC and the waters around, between, and connecting theislands of the archipelago, regardless of their breadth and dimensions, form part of the internalwaters of the +hilippines.

5AN'NG< ' G*TT='4 F*MG**G,+>

+nrolled illDoctrine

o the final version passed in identical form by both chambers and sent to the president Cs%an.com

Journal entryrule

o !ach


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the #overnment, including #)s with original charters.'ppointments in the civil service shall be made only according to merit and fitness to

be determined, as far as practicable, and, e"cept to positions which are policy$determining,primarily confidential, or highly technical, by competitive e"amination.

3o officer or employee of the civil service shall be removed or suspended e"cept for

cause provided by law.3o officer or employee in the civil service shall engage, directly or indirectly, in any

electioneering or partisan political campaign.%he right to self$organization shall not be denied to government employees.

Section 1/%he ivil Service ommission, as the central personnel agency of the #overnment,

shall establish a career service and adopt measures to promote morale, efficiency, integrity,

responsiveness, progressiveness, and courtesy in the civil service. It shall strengthen the meritand rewards system, integrate all human resources development programs for all levels andran0s, and institutionalize a management climate conducive to public accountability. It shallsubmit to the +resident and the ongress an annual report on its personnel programs.

S+C2/pub. officers G employees oath to uphold and defend this onstitution.

Section 3/ongress will ma0e standardized system for salariesSection 4/ appointed for 7 year'ny one who lost elections cant be

Section 5/3o elective official may be appointed or may hold any other office within his tenure e"cept

those allowed specifically by law and included in primary duties

Section ./3o elective official can get more compensation other than his salary

Commission on+lections

S+C %/ S!R#C!#R+/o 7 chairman and H commissioners

o

3atural$born citizens at least :y.o.o holders of a college degree

o 3ot candidates for elective positions in immediately preceding elections.

o 1a&ority including the hairman members of the +hilippine 9ar engaged in the practice

of law for at least 7E years.o %he hairman and the ommissioners appointed by the +resident wA consent of the

ommission on 'ppointments for a term of > years wAo reappointment.o : 1embers shall hold office for > years

o 6 1embers for years

o 4ast 1embers for : years, without reappointment.

o 'ppointment to any vacancy shall be only for the une"pired term of the predecessor.

o )n no case s(all any Mem6er 6e appointed or desi$nated in a temporary or

actin$ capacity/

S+C 0/ P,7+R AND 8#NC!),NS9%: !nforce and administer all laws and regulations relative to the conduct of an election,

plebiscite, initiative, referendum, and recall.90: !"ercise e"clusive original &urisdiction over all contests relating to the elections, returns,

and /ualifications of all elective regional, provincial, and city officials, and appellate&urisdiction over all contests involving elective municipal officials decided by trial courtsof general &urisdiction, or involving elective barangay officials decided by trial courts oflimited &urisdiction. Decisions, final orders, or rulings of the ommission on electioncontests involving elective municipal and barangay offices shall be final, e"ecutory, andnot appealable.

91: Decide, e"cept those involving the right to vote, all /uestions affecting elections,including determination of the number and location of polling places, appointment ofelection officials and inspectors, and registration of voters.

92: Deputize, with the concurrence of the +resident, law enforcement agencies andinstrumentalities of the #overnment, including the 'rmed Forces of the +hilippines, forthe e"clusive purpose of ensuring free, orderly, honest, peaceful, and credible elections.

93: Register, after sufficient publication, political parties, organizations, or coalitions which,in addition to other re/uirements, must present their platform or program ofgovernmentC and accredit citizens arms of the ommission on !lections. Religiousdenominations and sects shall not be registered. %hose which see0 to achieve theirgoals through violence or unlawful means, or refuse to uphold and adhere to thisonstitution, or which are supported by any foreign government shall li0ewise berefused registration. Financial contributions from foreign governments and theiragencies to political parties, organizations, coalitions, or candidates related to elections,constitute interference in national affairs, and, when accepted, shall be an additionalground for the cancellation of their registration with the ommission, in addition toother penalties that may be prescribed by law.

94: File, upon a verified complaint, or on its own initiative, petitions in court for inclusion ore"clusion of votersC investigate and, where appropriate, prosecute cases of violations ofelection laws, including acts or omissions constituting election frauds, offenses, andmalpractices.

95: Recommend to the ongress effective measures to minimize election spending,including limitation of places where propaganda materials shall be posted, and toprevent and penalize all forms of election frauds, offenses, malpractices, and nuisancecandidacies.

9.: Recommend to the +resident the removal of any officer or employee it has deputized, orthe imposition of any other disciplinary action, for violation or disregard of, ordisobedience to, its directive, order, or decision.

9&: Submit to the +resident and the ongress, a comprehensive report on the conduct ofeach election, plebiscite, initiative, referendum, or recall.

Section 1/o an be en banc, 6 divisions

o an ma0e own rules

Section 2/o During elections can supervise companies involved in campaign

Section 3.o +ardon, amnesty, parole for offenders of the election code must be concurred with by the

)1!4!

0123 C*N4T'AT '@C

Commission on o 7 chairman J> yearsK, 6 commissioners Jyears and : yearsK appointed by the +resident 0123 C*N4T'


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audit with o' consent wA no reappointmento natural$born citizens and at least :y.o

o 1*S% 9! +' wA not less than 7Ey of auditing e"perience or members of +hilippine bar

practicing for at least 7Eyo 3ot candidates for any elective positions in preceding elections

o 't no time shall all 1embers of the ommission belong to the same profession.

o 'ppointment to any vacancy shall be only for the une"pired portion of the term of the

predecessor.o In no case shall any 1ember be appointed or designated in a temporary or acting capacity.

P,7+RS and D#!)+So e"amine, audit, and settle all accounts pertaining to the revenue and receipts of, and

e"penditures or uses of funds and property, owned or held in trust by, or pertaining to, the#overnment, or any of its subdivisions, agencies, or instrumentalities, including #)swith original charters, and on a post$ audit basis

9a: constitutional bodies, commissions and offices that have been grantedfiscal autonomy under this onstitutionC

96: autonomous state colleges and universitiesC9c: other government$owned or controlled corporations and their

subsidiaries9d: Such non$governmental entities receiving subsidy or e/uity, directly or

indirectly, from or through the #overnment, which are re/uired by lawor the granting institution to submit to such audit as a condition ofsubsidy or e/uity.

na mgaManananggol ng

mgaManggagawang

$ili%ino& 'nc

o


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at least 6A: vote of all members of senateo (udgment is limited to removal from office and DM from holding any public office

o )nly 7 impeachment per year per officer

o ongress as a whole Sofficials, govt employees, agency, subdivision or #)s

P,7+R AND D#!)+S 8,C#S ,N !*)S=

9%: Investigate on its own, or on complaint by any person, any act or omission of anypublic official, employee, office or agency, when such act or omission appears to beillegal, un&ust, improper, or inefficient.

90: Direct, upon complaint or at its own instance, any public official or employee of the#overnment, or any subdivision, agency or instrumentality thereof, as well as of anygovernment$owned or controlled corporation with original charter, to perform ande"pedite any act or duty re/uired by law, or to stop, prevent, and correct any abuseor impropriety in the performance of duties.

91: Direct the officer concerned to ta0e appropriate action against a public official oremployee at fault, and recommend his removal, suspension, demotion, fine, censure,or prosecution, and ensure compliance therewith.

92: Direct the officer concerned, in any appropriate case, and sub&ect to such limitationsas may be provided by law, to furnish it with copies of documents relating tocontracts or transactions entered into by his office involving the disbursement or useof public funds or properties, and report any irregularity to the ommission on 'uditfor appropriate action.

93: Re/uest any government agency for assistance and information necessary in thedischarge of its responsibilities, and to e"amine, if necessary, pertinent records anddocuments.

94: +ublicize matters covered by its investigation when circumstances so warrant andwith due prudence.

95: Determine the causes of inefficiency, red tape, mismanagement, fraud, andcorruption in the #overnment and ma0e recommendations for their elimination andthe observance of high standards of ethics and efficiency.

9.: +romulgate its rules of procedure and e"ercise such other powers or perform suchfunctions or duties as may be provided by law.

C*N4T' andAlmonte v."asue(

o !ven if offense is not related to functions of public office by the fact that a public officer

committed the offense the )mbudsman has &urisdictioneloso v.omingo

o .

%he ongress shall, upon recommendation of the economic and planning agency,

when the national interest dictates, reserve to citi?ens of t(e P(ilippines orto corporations or associations at least sixty per centum of w(osecapital is owned 6y suc( citi?ens@ or suc( (i$(er percenta$e asCon$ress may prescri6e@ certain areas of investments/%he ongress shallenact measures that will encourage the formation and operation of enterpriseswhose capital is wholly owned by Filipinos.

In the grant of rights, privileges, and concessions covering the national economy

and patrimony, the State s(all $ive preference to ualified 8ilipinos/ %he State shall regulate and e"ercise authority over foreign investments within

its national &urisdiction and in accordance with its national goals and priorities.

0123 C*N4T' AT@'' 4+C 0;

Re$aliandoctrine

o Doctrine e"tends not only to land but also to Ball natural wealth that may be found in the

bowels of the earth.B Spain, in particular, recognized the uni/ue value of natural resources,viewing them, especially minerals, as an abundant source of revenue to finance its warsagainst other nations.

o *nder the Regalian theory, mineral rights are not included in a grant of land by the stateC

under the 'merican doctrine, mineral rights are included in a grant of land by thegovernment.

o %he 7?: onstitution adopted the Regalian doctrine, declaring all natural resources of the

+hilippines, including mineral lands and minerals, to be property belonging to the State.o 7?@> constitution also retained the regalian doctrine

,a BugalB,aanTribal Association

v amos!anuary 83& 8;;

Service Contract o a contractual agreement for engaging in the e"ploitation and development of petroleum,mineral, energy, land and other natural resources, whereby a government or an agencythereof, or a private person granted a right or privilege by said government, authorizes theother partyPthe service contractorPto engage or participate in the e"ercise of such rightor the en&oyment of the privilege, by providing financial or technical resources,underta0ing the e"ploitation or production of a given resource, or directly managing theproductive enterprise, operations of the e"ploration and e"ploitation of the resources, orthe disposition or mar0eting of said resources.

,a BugalB,aanTribal Association

v amos

Social ustice o 3either communism, nor despotism, nor atomism, nor anarchy, but the humanization oflaws and the e/ualization of social and economic forces by the state so that &ustice in itsrational and ob&ectively secular conception may at least be appro"imated

o %he promotion of the welfare of all the people, the adoption by the government of

measure calculated to insure economic stability of all the competent elements of society,through the maintenance of a proper economic and social e/uilibrium in theinterrelations of the member of the community, constitutionally, through adoption ofmeasures legally &ustifiable, or e"tra$constitutionally, through the e"ercise of powers

Maimo Calalang". A.. 5illiams&

+T A,.&No. 32;;

ecember 8& 01;


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underlying the e"istence of all governmentso Founded upon the recognition of the necessity of interdependence among divers and

diverse units of a society and of the protection that should be e/ually and evenlye"tended to all groups as a combined force in our social and economic life consistentwith the fundamental and paramount ob&ective of the state of promoting the health,comfort and /uiet of all persons, and of bringing about the greatest good to the greatestnumber.

Academicfreedom

o !n&oyed by Binstitutions of higher learningB includes the right to set academic standards

to determine under what circumstances failing grades suffice for the e"pulsion ofstudent

"illar v. T'$

L"# C,D+B C*AP!+R 3/ - RECALL

S!. H?. By Whom Exercised.$ %he power of recall for loss of confidence shall be e"ercised by the registered voters of a local government unit to whichthe local elective official sub&ect to such recall belongs.

S!. >E. Initiation of the Recall Process.$ JaK Recall may be initiated by a preparatory recall assembly or by the registered voters of the localgovernment unit to which the local elective official sub&ect to such recall belongs.

JbK %here shall be a preparatory recall assembly in every province, city, district, and municipality which shall be composed of the following

J7K +rovincial level. $ 'll mayors, vice$mayors, and sanggunian members of the municipalities and component citiesC

J6K ity level. $ 'll punong barangay and sangguniang barangay members in the cityCJ:K 4egislative District level. $ In cases where sangguniang panlalawigan members are elected by district, all elective municipal officials

in the districtC and in cases where sangguniang panlungsod members are elected by district, all elective barangay officials in thedistrictC and

JK 1unicipal level. $ 'll punong barangay and sangguniang barangay members in the municipality.

JcK ' ma&ority of all the preparatory recall assembly members may convene in session in a public place and initiate a recall proceeding against anyelective official in the local government unit concerned. Recall of provincial, city, or municipal officials shall be validly initiated through a resolutionadopted by a ma&ority of all the members of the preparatory recall assembly concerned during its session called for the purpose.

JdK Recall of any elective provincial, city, municipal, or barangay official may also be validly initiated upon petition of at least twenty$five percent J6QKof the total number of registered voters in the local government unit concerned during the election in which the local official sought to be recalled waselected.

J7K ' written petition for recall duly signed before the election registrar or his representative, and in the presence of a representative of the petitionerand a representative of the official sought to be recalled, and in a public place in the province, city, municipality, or barangay, as the case may be, shall

be filed with the omelec through its office in the local government unit concerned. %he omelec or its duly authorized representative shall cause thepublication of the petition in a public and conspicuous place for a period of not less than ten J7EK days nor more than twenty J6EK days, for the purposeof verifying the authenticity and genuineness of the petition and the re/uired percentage of voters.

J6K *pon the lapse of the aforesaid period, the omelec or its duly authorized representative shall announce the acceptance of candidates to theposition and thereafter prepare the list of candidates which shall include the name of the official sought to be recalled.

S!. >7.Election on Recall.$ *pon the filing of a valid resolution or petition for recall with the appropriate local office of the omelec, the ommissionor its duly authorized representative shall set the date of the election on recall, which shall not be later than thirty J:EK days after the filing of theresolution or petition for recall in the case of the barangay, city, or municipal officials, and forty$five JK days in the case of provincial officials. %heofficial or officials sought to be recalled shall automatically be considered as duly registered candidate or candidates to the pertinent positions and, li0eother candidates, shall be entitled to be voted upon.

S!. >6. Effectivity of Recall.$ %he recall of an elective local official shall be effective only upon the election and proclamation of a successor in theperson of the candidate receiving the highest number of votes cast during the election on recall. Should the official sought to be recalled receive thehighest number of votes, confidence in him is thereby affirmed, and he shall continue in office.

S!. >:. Prohibition from Resignation. $ %he elective local official sought to be recalled shall not be allowed to resign while the recall process is inprogress.

S!. >.Limitations on Recall.$ JaK 'ny elective local official may be the sub&ect of a recall election only once during his term of office for loss ofconfidence.

JbK 3o recall shall ta0e place within one J7K year from the date of the officials assumption to office or one J7K year immediately preceding a regularlocal election.

S!. >. Expenses Incident to Recall Elections. $ 'll e"penses incident to recall elections shall be borne by the omelec. For this purpose, there shall beincluded in the annual #eneral 'ppropriations 'ct a contingency fund at the disposal of the omelec for the conduct of recall elections.

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Consti 1 Reviewer Based on Ma'Am Gwens Outline of Terms (1)