CONSTI1 Midterms Reviewer

Bautista. Constantino. Goce. Juarez.. Narido. Valeriano. Constitution 1 Notes

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Philippine Constitution 1

Atty Ernesto C. Salao

CHAPTER 1

I. Constitution

A. Definition

1. Constitution, In General

A constitution is that body of rules and maxims in accordance with which powers of sovereignty are habitually exercised- Judge Cooley of Michigan

2. Constitution in the Philippines, in particular

The 1987 Constitution is the written instrument enacted by direct action of the people by which the fundamental powers of government are established, limited

and defined and by which those powers are distributed among several

departments for their safe and useful exercise for the benefit of the body politic Justice Malcom Philippine Constitutional Law

B. Nature and Characteristics

Constitution is the SUPREME LAW- basic and paramount law of the land in which all

laws must

conform and to which persons, including the highest officials of the land must deter.

No acts shall be valid if it conflicts with the constitution. Watson

C. Purpose (P.E.A)

Prescribe the permanent framework of a system of government

Establish certain first fixed principles to which government is founded

Assign to the several departments their respective powers and duties

D. Classification

WRITTEN/UNWRITTEN

Written- precepts are embodied in one document

Unwritten- precepts are scattered into various sources

CONVENTIONAL/CUMULATIVE

Conventional- struck off at a definite time and place following a conscious or

deliberate effort taken by a constituent body or ruler

Cumulative- the result of political not inaugurated at any specific time but changing

by accretion rather than any systematic method

RIGID/FLEXIBLE

Rigid- One that can be amended ONLY by a formal process and usually difficult to

process

Flexible- One that can be changed by ordinary legislature


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E. Essential Qualities Of a Good Written Construction

BROAD- covers all persons and things within the territory of the state

BRIEF- must confine itself to basic principles to be implemented with legislative details

more adjustable to change

DEFINITE- must be clear lest ambiguity in its provision result in confusion and divisiveness

F. Essential Parts of the Written Constitution

LIBERTY- consists of a series of prescriptions setting faith the fundamental civil and

political rights of the citizens and imposing limitations on the powers of government as

means of securing the enjoyment of those rights (Articles II, III, IV, V, and XII)

GOVERNMENT- consists of a series of provisions outlining the organization of the

government, enumerating its powers, laying down certain rules relative to its

administration, defining its electorate (Articles VI to XI of our Constitution)

SOVEREIGNITY- provisions pointing out the mode or procedure in accordance with

which formal changes in the fundamental law may be brought about (Article XVII)

G. Amendment and Revision

AMENDMENT- isolated or piecemeal change only

REVISION- revamp or rewriting of the whole instrument

Two-part test to determine whether the change is an amendment or a revision

QUANTITATIVE - asks whether the proposed change is "so extensive in its provisions as to

change directly the 'substantial entirety' of the constitution by the deletion or

alteration of numerous existing provisions. The court examines only the number of

provisions affected and does not consider the degree of the change.

QUALITATIVE - inquires into the qualitative effects of the proposed change in the

constitution. The main inquiry is whether the change will accomplish such far-reaching

changes in the nature of our basic governmental plan as to amount to a revision.

Procedure in Amending/Revising

1. Proposal

Proposal is generally made either directly by the congress or by a constitutional

convention (Art XVII, Sec 1)

Where what is intended is a mere amendment or change of particular provisions

only, the proposal is better made by direct legislative action. In this case, the vote

of at least 3/4s of all the members of the congress shall be needed.

In case of the overhaul of the entire constitution, it will be advisable to entrust the

task to a constitutional convention which will have more time, opportunity and

presumably also the needed expertise to discharge it.

They call for a constitutional convention made by a vote of 2/3 of all the members

of the congress (art XVII) If they cannot make up their mind, the question of

whether or not to call the constitutional convention shall be thrown by them to the

people themselves but a least majority of the vote.


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The last alternative is a plainly absurd procedure that permits the members of the

congress to authorize the waste of public funds by calling on their constituents to

decide a question that is essentially addressed to the legislature (pass the buck)

A third method of proposal is allowed by Section 2 of Article XVII which reads:

(applies to amendments only)

Amendments to this constitution may likewise be directly proposed by the people through initiative upon petition of at least twelve per centum of the total

number of registered voters therein.

No amendments under this section shall be authorized within five years following

the ratification of this constitution nor oftener than once every five years thereafter.

The congress shall provide for the implementation of the exercise of this right.

Modes of proposing Amendments or Revisions:

1) Constitutional Assembly (ConAss) 3/4 2) Consitutional Convention (ConCon) 2/3 or Majority + Plebiscite 3) Peoples Initiative 12% + 3% plebiscite + full text of the proposed amendments attached (may

be exercised for amendments only for the Constitution)

2. Ratification

The constitution provides that any amendment to be or revision shall be valid when

RATIFIED by a MAJORITY of the votes cast in a plebiscite held not earlier than 60

days nor later than 90 days after the approved of such change by the congress or

the constitutional convention or after the certification by the COMELEC of the

sufficiency of the petition under Section 2 (Art XVII, Sec 4)

H. Procedure in Amending 1987 Constitution

On February 25, 1986, as a result of the people power upheaval that deposed

Marcos, President Cory Aquino proclaimed a FREEDOM CONSTITUTION, to be effective

pending the adoption of a permanent constitution aimed at correcting the short

comings of the previous constitutions.

1. Proposal- President Corazon Aquino, in Proclamation 9, created a Constitutional

Commission composed of 50 members to be appointed by her and charged it to

frame a new character not later than September 2, 1986. All but ONE of those

appointed accepted and immediately undertook their mission under the

Presidency of Justice Celia Munoz Palma, formerly of the Supreme Court. The

members came from various sectors and represented diverse persuasions, which is

probably one reason why they could not meet their deadline and were able to

approve the final draft of their handwork only on October 15, 1986. By resolution of

the commission, it was commended to the president that the plebiscite on the

proposed constitution be scheduled, not within 60 days as originally provided, but


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within 3 months, to give the people more opportunity to study it accordingly. The

plebiscite scheduled it February 2, 1987.

3. Ratification- The campaign for the ratification of the proposed constitution was

led by President Corazon Aquino whose main argument was that it would resist the

powers of the presidency as provided for in the FREEDOM CONSTITUTION.

Opposition to the draft, while spirited, was largely disorganized and consequently

ineffective. Many people, while doubtful about some of its provisions and

especially of its length, which made it seem like a codification, nevertheless

approved the proposed constitution in the end because they felt it would provide

the stability the country sorely needed at the time when the votes were tallied, it

appeared that 76.29% the electorate had votes to ratify with only 22.74% against.

I. Self-Executing and Non Self-Executing

1. Self- executing Provision- rule that by itself is directly or indirectly applicable

without the need of statutory implementation no other law needed for it to be executed

2. Non self-executing Provision- one that remains dormant unless activated by

legislative implementation. needs another law to be executed

GR 169815: Bureau of Fisheries and Aquatic Resources Employees Union vs. Commission

on Audit

Facts: On appeal are the Decision dated April 8, 2005 of respondent Commission on Audit

(COA) in LAO-N-2005-119 upholding the disallowance by the COA Legal and

Adjudication Office (COA-LAO), Regional Office No. VII, Cebu City of the P10,000.00 Food

Basket Allowance granted by BFAR to each of its employees in 1999, and COA Resolution

dated August 5, 2005, denying petitioners motion for reconsideration of said Decision.

Issue: Are Sections 9 and 10, Article II of the 1987 Constitution self-executing provisions?

HELD: No.

J. Interpreting the Constitution

1) Verba Legiswhenever possible, the words used in the Constitution must be given their ordinary meaning except where technical terms are employed.

Example: JM Tuason vs Land Tenure

2) When there is Ambiguityratio legis et anima--A doubtful provision shall be examined

in the light of the history of the times and the conditions and circumstances under

which the Constitution was framed.

Example :Civil Liberties Union vs. Executive Secretary, 194 SCRA 317

3) Ut magis valeat quam pereatthe Constitution has to be interpreted as a whole. Example: Francisco vs. HR, G.R. No. 160261, November 10, 2003


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If the plain meaning of the word is not found to be clear, resort to other aids is

availableconstrue the Constitution from what appears upon its face. The proper interpretation, therefore, depends more on how it was understood by the people

adopting it than in the framers understanding thereof. In case of doubt, the provision

should be considered as self-executing; mandatory rather than directory; and

prospective rather than retroactive

K. State

1. Definition: A state is a community of persons, more or less numerous, permanently

occupying a fixed territory, and possessed of an independent government organized for

political ends to which the great body politic render habitual obedience.

2. Elements:

a. People- the inhabitants of the State.

b. Territory- Territory is the fixed portion of the surface of the earth inhabited by the

people of the State.

c. Government - Government is the agency or instrumentality through the will of the

State is formulated, expressed and realized.

d. Sovereignity- supreme and uncontrollable power to issue final commands

legal- make laws

political- to vote

Jurisdiction

The manifestation of sovereignty a) Territorial - power of the State over persons and things within its territory subject to its control and !protection. b) Personal - power of the State over its nationals, which may be exercised by the state even if the !individual is outside the territory of the State. (e.g. Art. 15 of the Civil Code) c) Extraterritorial (Exterritoriality) - power of the State over persons, things or acts beyond its territorial limits by reason !of their effects to its territory. (e.g. Embassies)

L. The Inherent Powers Of The State

POLICE POWER EMINENT DOMAIN POWER OF TAXATION Definition It is the sovereign power

to promote and protect the

general welfare. It is the most

pervasive and the least

limitable of the three powers of

the state, the most essential,

consistent and illimitable which

enables the State to prohibit

all hurtful things to the comfort,

safety and welfare of the

society.

It also refers to the

power vested in the legislature

by the Constitution to make,

ordain, establish all manner of

It is an inherent

power of the state that

enables it to forcibly

acquire private property,

which is intended for

public use, upon the

payment of just

compensation. It is based

on political necessity; it is

inseparable from the

state unless it is denied to

it by its fundamental law.

Condemnation of

private property is justified

only if it is for the public

It is the inherent power

of the state to raise

revenues to defray the

expenses of the

government or for any

public purpose. This

can be done through

the imposition of

burdens or imposition

on persons, properties,

services, occupations

or transactions.

The importance of

taxation derives from

the unavoidable


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wholesome and reasonable

laws, statutes, or ordinances,

either with penalties, or

without, nor repugnant to the

constitution, as they shall be

judge to be for the good and

welfare of the state and the

subjects.

Police power is an

inherent attribute of

sovereignty. It can exist even

without reservation in the

constitution. It is based on

necessity as without it, there

can be no effective

government. It is also referred

to as the law of overwhelming

necessity.

The exercise of police power is

founded on the basic

principles of salus populi est

suprema lex (the welfare of

the people is the supreme law)

and sic utere tu et alienum

non laedas (so use your

property so as not to impair

another)

good character. It is the

courts of law that have

the power to determine

whether there is necessity

therefore. Also called the

power of expropriation,

eminent domain is

described as the highest and most exact idea of

property remaining in the

government that may be acquired for some

public purpose through a

method in the nature of a compulsory sale to the

state.

obligation of the

government to protect

the people and

extend them benefits

in the form of public

projects and services.

Taxation is based on

necessity and the

reciprocal duties of

protection and

support between the

state and those that

are subject to its

authority.

Regulates Both liberty and property

Property Rights Property Rights

Exercised by Government only Government and some

private entities

Government only

Property taken

is

Destroyed due to noxious or

intended for a noxious purpose

Wholesome because it is

intended for public use

Wholesome because it

is intended for public

use

Compensation Intangible altruistic feeling that

he has contributed to the

general welfare

A full and fair equivalent

of the property

expropriated or

protection and public

improvements for taxes

paid

A full and fair

equivalent of the

property expropriated

or protection and

public improvements

for taxes paid

Similarities 1. May be exercised by it without the need of express constitutional grant

2. They are not necessary but indispensable

3. They are methods by which the state may interfere with private rights

4. They all presuppose an equivalent compensation for the private rights

interfered with

5. They are exercised primarily by the legislature

Differences


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1) POLICE POWER: regulates liberty and property

EMINENT DOMAIN: property rights only

2) POLICE & TAXATION: exercised only by the government

EMINENT DOMAIN: exercised too by some private entities

3) PROPERTY IN EXERCISED OF:

a. POLICE POWER- destroyed because it is noxious/intended for noxious

purposes

b. EMINENT & TAXATION intended for public use. Wholesome purpose 4) COMPENSATION OF THE PERSON SUBJECTED TO:

POLICE POWER intangible and altruistic feeling that he has contributed to the general welfare

Limitations The exercise of these fundamental powers is subject at all times to limitations and

requirements of the constitution and in proper cases by annulled by the courts of

justice

CHAPTER 2: General Consideration

A. PREAMBLE

The Preamble is not a source of power or right for any department of government. It sets down the

origin, scope, and purpose of the Constitution. It bears witness to the fact that the Constitution is the

manifestation of the sovereign will of the Filipino people.

The identification of the Filipino people as the author of the constitution calls attention to an

important principle: that the document is not just the work of representatives of the people but of the

people themselves who put their mark of approval by ratifying it in a plebiscite.

1) It does not confer rights nor impose duties. Indicates authorship of the Constitution;

enumerates the primary aims and aspirations of the framers; and serves as an aid in the

construction of the Constitution.

B. NATIONAL TERRITORY

Archipelagic doctrine

Parts of the National Territory

1) The Philippine archipelago with all the islands and waters embraced therein; and

2) All other territories over which the Philippines has sovereignty or jurisdiction.

Constitution is municipal law and binds only the nation promulgating it. It will not be

binding internationally unless supported by international law.

Scope of national territory:

Archipelago

All other territories over which the Philippines has sovereignty or jurisdiction

Territorial sea, seabed, subsoil, and other submarine areas of (1) and (2)

Terrestrial, fluvial and aerial domains of (1) and (2)

What: Archipelago is a body of water studded with islands.

Where: Philippine archipelago delineated by Treaty of Paris

(as modified by Treaty of Washington and Treaty with Great Britain)


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All other territories includes any territory which presently belongs to the Phils or might in the

future belong to the Phils through any of the internationally accepted modes of acquiring

territory.

Exercising jurisdiction refers to Batanes Islands, which lies outside lines drawn by Treaty of

Paris. This also includes Sabah, Marianas, Freedomland.

Neither claims nor disregards Sabah, but asserts a legal situation in which Sabah can have a

place in Phil territory depending on outcome of current dispute.

Elements of Archipelagic principle:

Claim on internal waters irrespective of breadth and dimension

Straight baseline method of delineating territorial sea

Modes!of!Acquiring!Territory! 1. Discovery and Occupation What can be validly acquired thru discovery and occupation?

Lands which are terra nullius or a land belonging to no one. Doctrine of Effective Occupation

Discovery alone is not enough. Mere discovery gives only an inchoate right to the discoverer. For title to finally vest, discovery must be followed by effective occupation in a reasonable time and attestation of the same. [NB: this is what Pres. Marcos did to claim KIG] 2. Cession by Treaty. Examples are Treaty of Paris, treaty between France and US ceding Louisiana to the latter and treaty between Russia and US ceding Alaska to the latter; 3. Prescription. Which is a concept under the Civil Code. Territory may also be acquired through continuous and uninterrupted possession over a long period of time. However, in international law, there is no rule of thumb as to the length of time for acquisition of territory through prescription. In this connection, consider the Grotius Doctrine of immemorial prescription, which speaks of uninterrupted possession going beyond memory. 4. Conquest or Subjugation (conquistadores) This is no longer recognized inasmuch as the UN Charter prohibits resort to threat or use of force against the territorial integrity or political independence of any state; and 5. Accretion. Another concept in the Civil Code. It is the increase in the land area of the State, either through natural means, or artificially, through human labor.

Definition: Thalweg Doctrine

For boundary rivers, in the absence of an agreement between the riparian states, the boundary line is laid on the middle of the main navigable channel. Middle of the Bridge Doctrine

Where there is a bridge over a boundary river, the boundary line is the middle or center of the bridge. Bays and Gulfs

A Bay is a well-marked indentation whose penetration is in such proportion to the width of its mouth as to contain land-locked waters and constitutes more than a curvature of the coast. Also referred to as juridical bay. The area must be as large as, or larger than, a semi-circle whose diameter is a line drawn across the mouth of such indentation, or if the mouth is less than 24 miles wide. e.g. Hudson Bay in Canada, one whose waters are considered internal because of the existence of a historic title. Straits

Narrow passageways connecting 2 bodies of water. If the distance between the 2 opposite coast is not more than 6 miles, they are considered internal waters. In international law, when a strait within a country has a width of more than six (6) miles, the center lane in excess of the three (3) miles on both sides is considered international waters. Canals

The most famous is the Suez Canal, which is neutralized, and the Panama Canal, which is open to everyone in times of war or peace.


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Archipelagic waters

Are the waters enclosed by the archipelagic baselines, regardless of their depth or distance from the coast. Archipelagic State

A state made up wholly of one or two archipelagos. It may include other islands. Straight Archipelagic Baseline

To determine the archipelagic waters, the state shall draw straight baselines connecting the outermost\ points of the outermost islands and drying reefs, provided that the ratio of the area of the water to the area of the land, including atolls, is between 1:1 and 9:1. The length of such baselines shall not exceed 100 nautical miles, except up to 3% of the total number of baselines enclosing any archipelago may exceed that length, up to a maximum 125 miles. The baselines drawn should not depart, to any appreciable extent, from the general configuration of the archipelago. All the waters within the baselines shall then be considered internal waters. The breadth of the 12-mile territorial sea, the contiguous zone, the exclusive economic zone and the continental shelf shall then be measured from the archipelagic baselines. Vessels may be allowed innocent passage within the archipelagic waters, but this right may be suspended, after publication, in the interest of international security. The coastal state may also designate archipelagic sea lanes for continuous, unobstructed transit of vessels. Territorial Sea

The belt of the sea located between the coast and the internal waters of the coastal state on the other hand, and the high seas on the other, extending up to 12 nautical miles from the low-water mark, or in the case of archipelagic states, from the baselines. Baseline

Is a line from which the breadth of the territorial sea, the contiguous zone and the exclusive economic zone is measured in order to determine the maritime boundary of the coastal state. Types of baselines: a) Normal Baseline Method; b) Straight Baseline method (Philippines) Contiguous Zone

Extends up to 12 nautical miles from the territorial sea; this shall not exceed 24 nautical miles from the archipelagic baselines.

The coastal state may exercise limited jurisdiction over the contiguous zone: 1. To prevent infringement of customs, fiscal immigration or sanitary laws and regulations within its territory or territorial sea; and 2. To punish infringement of the above laws and regulations committed within its territory. Exclusive Economic Zone

Shall not extend beyond 200 nautical miles from the archipelagic baselines. Continental shelf

It is the seabed and subsoil of the submarine areas extending beyond the Philippine territorial sea throughout the natural prolongation of the land territory. It extends up to the outer edge of the continental margin; or a distance of 200 nautical miles from the archipelagic baselines, whichever is the farthest.

The continental shelf does not form part of the Philippine territory. The Philippines has the sovereign rights over the continental shelf for the purpose of exploring it and exploiting its natural resources. High Seas

Treated as res communes, thus, not territory of any particular State. These are the waters which do not constitute the internal waters, archipelagic waters, territorial sea and exclusive economic zones of a state. They are beyond the jurisdiction and sovereign rights of States. Freedom of navigation

Refers to the right to sail ship on the high sea, subject to international law and the laws of the flag of the state. Aerial Domain

This refers to the air space above the land and waters of the State (See Discussions under International Law)

Conflict between UNCLOS and Consti:

What Consti calls Internal Waters are archipelagic waters in UNCLOS. No right of innocent

passage through internal waters.

UNCLOS limits straight baselines to 125 nautical miles. Some of the lines drawn by Republic

Acts extend beyond 125 mi. When RP ratified UNCLOS, it added a declaration that the

signing shall not impair sovereign rights arising from the Constitution.


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Prof. Merlin M. Magallona, Et. Al. V. Hon. Eduardo Ermita, Et. Al., G.R. No. 187167, August 6,

2011

This merely emphasizes the unity of lands and waters. It is a body of waters interconnected

with other natural features. Under the United Nation Convention on the Law of Sea

(UNCLOS), it consists of drawing imaginary baseline connecting the outermost islands of the

archipelago in which all internal waters and islands are considered as one integrated whole.

An archipelago is defined as group of islands, interconnecting waters and other natural

features which are so closely interrelated that such islands, waters and natural features form

an intrinsic geographical, economical and political entity, or which historically been

regarded as such.

Correlate this doctrine to the right of innocent of passage, right of arrival under stress and

UNCLOS requiring the designation of archipelagic seaways so that foreign vessels may pas

through an archipelago.

xxx The waters around, between and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the

Philippines. This second sentence of Article I is not the Archipelago Doctrine. This is only our

restatement/reaffirmation of our adherence to the Archipelago Doctrine simply because we

are an archipelago consisting of 7,107 islands. It is essential for our national survival that we

adhere to the archipelago principle.

Is the Spratlys Group of Islands part of the Philippine Archipelago?

A: NO! Spratlys Group of Islands [a.k.a Kalayaan Island Group or KIG] is not part of the Philippine Archipelago because it is too far away from the three main islands of the

Philippines. It is found, geographically, almost in the middle of the South China Sea.

Historically, when we talk about the Philippine Archipelago, we refer to those islands and

waters that were ceded by the Spain to the United States by virtue of theTreaty of Paris in

1898, and that did not include the Spratlys Group of Islands yet.

Under the treaty, the islands that were ceded by Spain were identifiedthe main islandsLuzon, Visayas and Mindanao. Clearly, it did not include the Spratlys Group of Islands.

Spratlys Group of Islands was only discovered sometime in the 1950s by a Filipino, Tomas Cloma. The latter waived his rights over the islands in favor of the Philippine Government. In

effect, the government stepped into the shoes of the discoverer. What then President

Marcos did the moment Tomas Cloma waived his rights over the Spratlys Group of Islands, is

to have the islands immediately occupied by Philippine troops. He then issued PD 1596,

constituting the Spratlys Group of Islands as a regular municipality claiming it the Municipality

of Kalayaan placing it under the Province of Palawan, and then he had the elections

immediately held in the islands so from that time on until now, we continue to hold elections

there. The Philippine exercises not only jurisdiction but also sovereignty over the Spratlys

Group of Islands, yet it is not part of the Philippine Archipelago. Geographically, it is too far

away from the Philippine Archipelago.

On May 20, 1980, the Philippines registered its claim with the UN Secretariat.The Philippine


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claim to the islands is justified by reason of history, indispensable need, and effective

occupation and control. Thus, in accordance with international law, the Spratlys Group of

islands is subject to the sovereignty of the Philippines

Is the Spratlys group of Islands part of our National Territory?

A: YES.

The Spratlys Group of islands falls under the second phrase of Article I of the Philippine

Constitution and all other territories over which the Philippines has sovereignty or jurisdiction. It is part of our national territory because the Philippines exercise sovereignty (through the election of public officials) over Spratlys Group of Islands.

What was the basis of the Philippines claim over the Spratlys? A: Through the discovery of Tomas Cloma and by an effective occupation. (Prof. Magallona,

supra) PD 1596, June 11, 1978 constituting the Spratlys Group of Islands as a regular municipality claiming it the Municipality of Kalayaan, placing it under the Province of

Palawan.

(1) RA 9522's Use of the Framework of Regime of Islands to Determine the Maritime Zones of the KIG and the Scarborough Shoal - not Inconsistent with the Philippines' Claim of

Sovereignty Over these Areas.

Further, petitioners' argument that the KIG now lies outside Philippine territory because the

baselines that RA 9522 draws do not enclose the KIG is negated by RA 9522 itself. Section 2

of the law commits to text the Philippines' continued claim of sovereignty and jurisdiction

over the KIG and the Scarborough Shoal:

SEC. 2. The baselines in the following areas over which the Philippines likewise exercises

sovereignty and jurisdiction shall be determined as "Regime of Islands" under the Republic of

the Philippines consistent with Article 121 of the United Nations Convention on the Law of the

Sea (UNCLOS):

a) The Kalayaan Island Group as constituted under Presidential Decree No. 1596 and

b) Bajo de Masinloc, also known as Scarborough Shoal. (Emphasis supplied)

Had Congress in RA 9522 enclosed the KIG and the Scarborough Shoal as part of the

Philippine archipelago, adverse legal effects would have ensued. The Philippines would

have committed a breach of two provisions of UNCLOS III. First, Article 47 (3) of UNCLOS III

requires that "[t]he drawing of such baselines shall not depart to any appreciable extent

from the general configuration of the archipelago." Second, Article 47

(2) of UNCLOS III requires that "the length of the baselines shall not exceed 100 nautical

miles," save for three per cent (3%) of the total number of baselines, which can reach up to

125 nautical miles.

Although the Philippines has consistently claimed sovereignty over the KIG and the

Scarborough Shoal for several decades, these outlying areas are located at an appreciable

distance from the nearest shoreline of the Philippine archipelago, such that any straight

baseline loped around them from the nearest basepoint will inevitably "depart to an

appreciable extent from the general configuration of the archipelago."


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(2) Statutory Claim Over Sabah under RA 5446 - Retained

Petitioners' argument for the invalidity of RA 9522 for its failure to textualize the Philippines'

claim over Sabah in North Borneo is also untenable. Section 2 of RA 5446, which RA 9522 did

not repeal, keeps open the door for drawing the baselines of Sabah:

Section 2. The definition of the baselines of the territorial sea of the Philippine Archipelago as

provided in this Act is without prejudice to the delineation of the baselines of the territorial

sea around the territory of Sabah, situated in North Borneo, over which the Republic of the

Philippines has acquired dominion and sovereignty.

C. State Immunity

1. Legal Basis

The State may not be sued without its consent (Art. XVI, Sec. 3, 1987 Constitution). 2. Scope

a. Foreign states

b. National government

c. Government agencies: GOCC and unincorporated

d. Local government

e. Special agent

3. When is a suit against the state?

a. It is against the state when the republic is impleaded as defendant by name or

when the suit is against an unincorporated agency of the government

b. the suit is against public officer for his official acts is in effect a suit against state if its

purpose to hold the state ultimately liable

4. Reasons or bases of the Doctrine

The non-suability of the state is based on the logical and practical ground that there

can be no legal right against the authority which makes the law on which the right

depends (Justice Holmes).

The demands and inconveniences of litigation will divert the time and resources of the

State from the more pressing matters demanding its attention to the prejudice of the

public welfare.

5. When are suits against the state permissible?

The State may be sued if it gives its consent.

Forms of Consent

1. Expressed consent.Expressed consent may be manifested either through a general law or special law.

2. Implied consent.Implied consent is given when the State itself commences litigation or when it enters into a contract. It may also be with a

waiver, injustice, or quantum merit

6. Execution of judgement of the state


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A judgement against the state in case where it consents to be sued implies that the

legislative will recognize the judgement or not

Suit Against Government Agencies

If suit is against one of the governments entities, it must be ascertained if the principal has given its consent to be sued. It will depend in the first instance on whether the

government agency impleaded is incorporated or unincorporated.

1. Incorporated agency. It has a charter of its own that invests it with a separate juridical personality.

2. Unincorporated agency.It has no separate juridical personality but is merged in the general machinery of the government.

D. Principles and Policies

1. Manifestations of a Republican State

A REPUBLICAN STATE is a state wherein all government authority emanates from the

people and is exercised by the representatives chosen by the people

Manifestations of Republicanism

G-M-L-A-B-S 1) Ours is a government of law and not of men Government of Laws and Not of Men.

Sovereignty of the people also includes the concept that government officials have only the authority given them by law and defined by law, and such authority continues only

with the consent of the people.Villavicencio vs. Lukban, 39 Phil 778 2) Rule of the majority. (Plurality in elections) 3) Accountability of public officials (Article XI) 4) Bill of rights (Article III) 5) Legislature cannot pass irrepealable laws 6) Separation of powers

2. Constituent and Ministrant functions

Constituent: compulsory functions which constitute the very bonds of society.

(1) Keeping of order and providing for the protection of persons and property

from violence and robbery

(2) Fixing of the legal relations between man and wife and between parents

and children

(3) Regulation of property and determination of its liabilities for debt or for crime

(4) Definition and punishment of crime

(5) Administration of justice in civil cases

(6) Determination of political duties, privileges, and relations of citizens

(7) Dealings of the state with foreign powers.

(8) Dealings of the state with foreign powers; the preservation of the state from

external dandier or encroachment and the advancement of its international

interest.


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Ministrant: optional functions of government intended for achieving a better life

for the community. The determination of whether or not a government should

exercise certain of these functions are:

(1) That a government should do for the public welfare those things which

private capital would not naturally undertake

(2) That a government should do those things which by its very nature it is better

equipped to administer for the public welfare than is any private individual or

group of individuals.

To our Supreme Court, however, the distinction between the two is not relevant

in our jurisdiction. Such distinction has been blurred because of the repudiation

of the laissez faire policy in the Constitution.

Section 1. The Philippines is a democratic and republican State. Sovereignty

resides in the people and all government authority emanates from them.

State: Community of persons more or less numerous, permanently occupying a

definite portion of territory, independent of external control, and possession an

organized government to which the great body of inhabitants render habitual

obedience

Republican state: all government authority emanates from the people and is

exercised by representatives chosen by the people.

Democratic state: reference to aspects of direct democracy such as initiative

and referendum. Also a monument to 1986 revolution that re-won freedom

through direct action of the people.

What is a Republican form of government? It is a government of the people, by the people, and for the people, a representative government wherein the powers and duties of government are exercised and discharged for the common good and welfare. Thus, the supreme power resides on the body of people. Characteristics of a republican form of government R-S-T 1) The people do not govern themselves directly but through their representatives; 2) It is founded upon popular suffrage; 3) There is the tripartite system of the government, the mutual interdependence of the three departments of the !government. Presidential vs. Parliamentary 1) In Presidential, there is separation of legislative and executive powers. The first is lodged in the President and the second is vested in Congress while in Parliamentary there is fusion of both executive and legislative powers in a Parliament, although the actual exercise of the executive powers is vested in a Prime Minister who is chosen by, and accountable to, the Parliament. 2) A Presidential form of government embodies interdependence by separation and coordination while a Parliamentary one embodies interdependence by integration. Doctrine of Parens Patriae The government as guardian of the rights of the people may initiate legal actions for and in behalf of particular individuals.


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Section 2. The Philippines renounces war as an instrument of national policy,

adopts the generally accepted principles of international law as part of the law

of the land and adheres to the policy of peace, equality, justice, freedom,

cooperation, and amity with all nations.

Renounces aggressive not defensive war (Doctrine of Incorporation)

Adoption of generally accepted principles depends on jurisprudential

development

(1) Right of an alien to be released on bail while awaiting deportation when his

failure to leave the country is due to the fact that no country will accept him

(2) Right of a country to establish military commissions to try war criminals

(3) Vienna Convention on Road Signs and Signals

(4) Duty to protect embassies and legations Affirmation of amity does not mean

automatic diplomatic recognition of all nations. Amity with all nations is an ideal

to be aimed at. Diplomatic recognition remains a matter of executive discretion

Principles of international law vs Statute

Whichever is passed later prevails

International law has same weight as statute

Section 3. Civilian authority is, at all times, supreme over the military. The Armed

Forces of the Philippines is the protector of the people and the State. Its goal is to

secure the sovereignty of the State and the integrity of the national territory.

Civilian supremacy clause: civilian authority is supreme (The president)

Mark of sovereignty clause: Military as guardian of the people, integrity of the

national territory and ultimately of the majesty of

the law.

Why? Protect the people from military dictatorship/abuses

Secure sovereignty of the state

Preserve integrity of the national territory

Section 4. The prime duty of the Government is to serve and protect the people.

The Government may call upon the people to defend the State and, in the

fulfillment thereof, all citizens may be required, under conditions provided by

law, to render personal military or civil service.

Defense of state is no longer prime duty of government.

Provisions in 1935 and 1973 led to interpretations that justified a national

security state offensive to the people

Present version places emphasis on service to and protection of the people

Under conditions provided by law emphasizes primacy of serving the interest of

the people and protecting their rights even when there is need to defend the

state.


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Section 5. The maintenance of peace and order, the protection of life, liberty,

and property, and the promotion of the general welfare are essential for the

enjoyment by all the people of the blessings of democracy.(MP2)

Refers to the constituent function of government

Section 6. The separation of Church and State shall be inviolable.

Doctrine of Parens Patriae

One of the important tasks of the government is to act for the State as parens

patriae, or guardian of the rights of people.

1. De Jure and De Facto

DE JURE.A de jure government has rightful title but no power or control, either because this has been withdrawn from it or because it has

not yet actually entered into the exercise thereof.

DE FACTO.A de facto government is a government of fact, that is, it actually exercises power or control but without legal title.

Kinds of de facto Government

1. The government that gets possession and control of by force or by voice of

the majority, the rightful legal government and maintains itself against the will

of the latter.

2. That established as an independent government by the inhabitants of a

country who rise insurrection against the parent state.

3. That which is established and maintained by military forces who invade and

occupy a territory of the enemy in the course of war, and which is

denominated as a government of paramount force.


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E. State Policies

1. State Policies

SOCIAL JUSTICE- humanization of laws and the equalization of social and

economic forces by the state so that justice in its national and objectively secular

conception may at least be approximated

LAISSEZ FAIRE- literally means leave us alone; it denotes that the government should play little or no role at all in the market.

STATE POLICIES

State policies are not laws, but exhortations on government.

Section 7. The State shall pursue an independent foreign policy. In its relations with

other states the paramount consideration shall be national sovereignty, territorial

integrity, national interest, and the right to self-determination.

Independent foreign policy; paramount consideration to

(1) National sovereignty

(2) Territorial integrity

(3) National Iterest

(4) Self-determination

Section 8. The Philippines, consistent with the national interest, adopts and pursues a

policy of freedom from nuclear weapons in its territory.

Freedom from nuclear weapons includes prohibition not only of the possession,

control, manufacture of nuclear weapons but also nuclear arms tests

Not an absolute prohibition, but any exception must be justified by the demands

of national interest

Does not prohibit peaceful uses of nuclear energy nor nuclear medicine

Section 9. The State shall promote a just and dynamic social order that will ensure

the prosperity and independence of the nation and free the people from poverty

through policies that provide adequate social services, promote full employment, a

rising standard of living, and an improved quality of life for all. (non self-executing:

BFAR case)

Section 10. The State shall promote social justice in all phases of national

development.

Underlying premises: poverty and gross inequality are major problems besetting

the nation and that these problems assault the dignity of the human person

Social justice: equalization of political, economic and social opportunities with

emphasis on the duty of the state to tilt the balance of social forces by favoring the

disadvantaged in life.

Section 11. The State values the dignity of every human person and guarantees full

respect for human rights.


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Section 12. The State recognizes the sanctity of family life and shall protect and

strengthen the family as a basic autonomous social institution. It shall equally

protect the life of the mother and the life of the unborn from conception. The natural

and primary right and duty of parents in the rearing of the youth for civic efficiency

and the development of moral character shall receive the support of the

Government.

Section 13. The State recognizes the vital role of the youth in nation-building and

shall promote and protect their physical, moral, spiritual, intellectual, and social

well-being. It shall inculcate in the youth patriotism and nationalism, and

encourage their involvement in public and civic affairs.

Education: primary and natural right belongs to the parents.

State has secondary and supporting role.

Section 14. The State recognizes the role of women in nation-building, and shall

ensure the fundamental equality before the law of women and men.

Does not repeal inequalities found in the Civil Code and jurisprudence

Gives impetus to removal through statutes of existing inequalities

General idea is for the law to ignore sex when it is not a relevant factor in

determining rights and duties

Not meant to ignore customs and traditions

Section 15. The State shall protect and promote the right to health of the people and

instill health consciousness among them.

Section 16. The State shall protect and advance the right of the people to a

balanced and healthful ecology in accord with the rhythm and harmony of nature.

Provides an enforceable right

Section 17. The State shall give priority to education, science and technology, arts,

culture, and sports to foster patriotism and nationalism, accelerate social progress,

and promote total human liberation and development.

Section 18. The State affirms labor as a primary social economic force. It shall

protect the rights of workers and promote their welfare.

Labor has primacy over the non-human factors of production

Section 19. The State shall develop a self-reliant and independent national

economy effectively controlled by Filipinos.

Guide to interpreting provisions on the national economy and patrimony. Any

doubt must be resolved in favor of self-reliance and independence and in favor of

Filipinos

Section 20. The State recognizes the indispensable role of the private sector,

encourages private enterprise, and provides incentives to needed investments.


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Section 21. The State shall promote comprehensive rural development and agrarian

reform.

Section 22. The State recognizes and promotes the rights of indigenous cultural

communities within the framework of national unity and development.

Section 23. The State shall encourage non-governmental, community- based, or

sectoral organizations that promote the welfare of the nation.

Section 24. The State recognizes the vital role of communication and information in

nation-building.

Section 25. The State shall ensure the autonomy of local governments.

Section 26. The State shall guarantee equal access to opportunities for public

service, and prohibit political dynasties as may be defined by law.

Purpose is to give substance to the desire for the equalization of political

opportunities

Definition of political dynasties left to legislature

Section 27. The State shall maintain honesty and integrity in the public service and

take positive and effective measures against graft and corruption.

Section 28. Subject to reasonable conditions prescribed by law, the State adopts

and implements a policy of full public disclosure of all its transactions involving

public interest.

F. Separation of Powers

The doctrine is observed in our country not only because it is regarded as a

characteristic of

republicanism but also for the reason that the major powers of government are

actually distributed by the Constitution among the several departments and the

Constitutional Commissions.

G. Purpose

Doctrine of separation of powers is intended to prevent a concentration of authority in

one person or group of persons that might lead to an irreversible error or abuse in its

exercise to the detriment of our republican institutions.

According to Justice Laurel (Pangasinan Transportation Co. vs. PSC):

o Secure action

o Forestall overaction

o Prevent despotism

o Obtain efficiency


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To achieve these purposes:

Legislative.enactment of laws and may not enforce or apply them; Executive.enforcement of laws and may not enact or apply them; Judiciary.application of laws and may not enact or enforce them.

H. Checks and Balances

A system by which one department is allowed to resist encroachments upon its

prerogatives or to rectify mistakes or excesses committed by the other departments.

Illustrations:

o Lawmaking power of the Congress is checked by the President through his veto

power, which may be overridden by the legislature.

o The Congress may refuse to give its concurrence to an amnesty proclaimed by the

President and the Senate to a treaty he has concluded.

o The President may nullify a conviction in a criminal case by pardoning the offender

o The judiciary has the power to declare invalid an act done by Congress, the

President, and his subordinates, or the Constitutional Commissions.

Doctrine of Separation of Powers

Purpose is to secure action, forestall over-action, to prevent despotism and to obtain efficiency. Principle of Checks and Balances

Objective is to avoid the concentration of powers into one branch only. It is a system of counteraction

by means of which one department is allowed to resist enforcement upon its prerogatives or to rectify

the

mistakes or excesses committed by any of its co-equal departments.

Delegation!of!Powers! Potestas delegate non delegani potest a power that has been delegated may no longer be delegated (General rule) Exceptions: P-E-T-A-L

1. Delegation to the people through initiative and referendum (Sec. 1 Art. VI)

2. Emergency power to the President Sec. 23 2nd par of Art. VI

Delegation must be in the form of a law, but the same may be revoked by mere resolution (which Does not require approval by the President)

Requisites:

1. There must be war or other national emergency

2. Must be for a limited period

3. Subject to such restrictions as Congress may prescribe

4. Pursuant to a declared national policy (i.e. delegation must be in a form of law) 3. Tariff powers to the president Sec. 28 2nd par. Art. 6 Thrugh the Tariff and Customs Code 4. Administrative agencies

Also known as Rule-making power or Power of subordinate legislation Quasi-Legislative power

I. Principles of Blending Powers

There are instances under the Constitution when powers are not confined exclusively

within one department but are in fact assigned to or shared by several departmentsa blending of powers. Examples:

o The enactment of general appropriations law, which begins with the preparation by

the President of the budget, which becomes the basis of the bill adopted by the


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Congress and subsequently submitted by the President, who may then approve it.

o The grant of amnesty by the President which requires the concurrence of a majority

of all members of the Congress.

o COMELEC does not alone deputize law enforcement agencies to ensure free,

orderly, honest, peaceful and credible elections but does so with the consent of the

President.

J. Delegation of Powers

DELEGATION TO THE PEOPLE

Referendum.It is defined as a method of submitting an important legislative measure to a direct vote of the whole people.

Plebiscite.It is intended to work more permanent changes in the political structure, like a proposal to amend the Constitution.

DELEGATION TO LOCAL GOVERNMENTS

The local legislatures are more knowledgeable than the national lawmaking body

on matters of purely local concern and are therefore in a better position to enact

the necessary and appropriate legislation thereon.

DELEGATION TO ADMINISTRATIVE BODIES

Administrative agencies may implement the broad policies laid down in a statute by

filling in the details which the Congress may not have the opportunity or competence to provide.

This is effected by their promulgation of what are known as supplementary

regulations, such as the implementing rules issued by the Department of Labor on the

Labor Code.

K. Forms of Government

Forms of government are sets of constitutional institutions by which states are

organized.

Governments can be classified into several types. Some of the

more common types of governments are:

1. Democracy

The word "democracy" literally means "rule by the people." In a

democracy, the people govern.

2. Republic

A literal democracy is impossible in a political system containing

more than a few people. All "democracies" are really republics. In a

republic, the people elect representatives to make and enforce

laws.


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3. Monarchy

A monarchy consists of rule by a king or queen. Sometimes a king is

called an "emperor," especially if there is a large empire, such as

China before 1911. There are no large monarchies today. The

United Kingdom, which has a queen, is really a republic because

the queen has virtually no political power.

4. Aristocracy

An aristocracy is rule by the aristocrats. Aristocrats are typically

wealthy, educated people. Many monarchies have really been

ruled by aristocrats. Today, typically, the term "aristocracy" is used

negatively to accuse a republic of being dominated by rich

people, such as saying, "The United States has become an

aristocracy."

5. Dictatorship

A dictatorship consists of rule by one person or a group of people.

Very few dictators admit they are dictators; they almost always

claim to be leaders of democracies. The dictator may be one

person, such as Castro in Cuba or Hitler in Germany, or a group of

people, such as the Communist Party in China.

6. Democratic Republic

Usually, a "democratic republic" is not democratic and is not a

republic. A government that officially calls itself a "democratic

republic" is usually a dictatorship. Communist dictatorships have

been especially prone to use this term. For example, the official

name of North Vietnam was "The Democratic Republic of

Vietnam." China uses a variant, "The People's Republic of China."

Chapter 3: Legislative Department

A. Legislative Power

It is the power to (R.A.R.E) Laws

Revise -> small change

Amend->big change

Repeal->nullify

Enact->make


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B. Bicameralism and Unicameralism

BICAMERALISM

1. Allows for a body with a national perspective to check the parochial tendencies of

representatives elected by the district

2. Allows for more careful study of legislation

3. Makes legislature less susceptible to control by the execute

4. Serves as training ground for nation leaders

UNICAMERALISM

1. Simplicity of Organization resulting to economy and efficiency

2. Avoidance of duplication

3. Facility in pinpointing responsibilities

C. Plenary Power (Scope of Legislative power) PLENARY: Congress may legislate on any subject matter provided that substantive and procedural limits in the Constitution are observed. However, Congress may not pass

irrepealable laws because this will limit the plenary power of future legislatures.

D. Substantive and Procedural Limits on Legislative Power

SUBSTANTIVE- curtail the contents of law

PROCEDURAL- manner of passing the laws

E. Where is legislative power vested?

The legislative power shall be vested in the Congress of the Philippines which shall

consist of a Senate and a House of Representatives, except to the extent reserved to

the people by the provision on initiative and referendum. (Art VI, Sec 1)

F. CONGRESS

1. Principle of Non-Delegation of Legislative power

Legislative power must remain where the people have lodged it.

2. Exceptions

However, there are two exceptions to this rule: a. by immemorial practice

legislative power may be delegated to local government; b. the constitution itself

might in specific instances allow delegation of legislative power

3. Test for Valid Delegation in Rule Making

The true distinction is between:

o Delegation of power to make law (cannot be done);

o Conferring authority or discretion as to its execution, to be exercised under an in

pursuance of the law (no valid objection can be made)

1. COMPLETENESS TEST.The law must be complete in all its essential terms and conditions when it leaves the legislature so that there will be nothing left for the

delegate to do when it reaches him except enforce it.

2. THE SUFFICIENT STANDARD TEST.It is intended to map out the boundaries of the delegates authority by defining the legislative policy and indicating the circumstances under which it is to be pursued and effected.


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G. Peoples Initiative on Statutes INITIATIVE AND REFERENDUM

INITIATIVE- defined as power of the people to propose bills and laws, and to enact or

reject them at the polls, independent of legislative assembly. It is the right of a group

of citizens to introduce a matter for legislation either to the legislature or directly to the

voters.

REFERENDUM-right reserved to the people to adopt or reject any act of measure which

in most cases would without action on the part of the electors become a law. It is

defined as a method of submitting an important legislative measure to direct vote of

the whole people the submission of a law passed by the legislature for their approval

or rejection.

ARTICLE 6: LEGISLATIVE DEPARTMENT

Section 1: Legislative power is vested in the Congress of the Philippines Consisting of a Senate and a

House of Representatives Except to the extent reserved to the People through initiative and referendum

Section 2. The Senate shall be composed of twenty-four Senators who shall be elected at large

by the qualified voters of the Philippines, as may be provided by law.

Section 3. No person shall be a Senator unless he is a natural-born citizen of the Philippines

and, on the day of the election, is at least thirty-five years of age, able to read and write, a

registered voter, and a resident of the Philippines for not less than two years immediately

preceding the day of the election.

Section 4. The term of office of the Senators shall be six years and shall commence, unless

otherwise provided by law, at noon on the thirtieth day of June next following their election. No

Senator shall serve for more than two consecutive terms. Voluntary renunciation of the office

for any length of time shall not be considered as an interruption in the continuity of his service

for the full term of which he was elected.

Section 5. (1) The House of Representatives shall be composed of not more than two hundred

and fifty members, unless otherwise fixed by law, who shall be elected from legislative districts

apportioned among the provinces, cities, and the Metropolitan Manila area in accordance

with the number of their respective inhabitants, and on the basis of a uniform and progressive

ratio, and those who, as provided by law, shall be elected through a party-list system of

registered national, regional, and sectoral parties or organizations.

(2) The party-list representatives shall constitute twenty per centum of the total number of

representatives including those under the party list. For three consecutive terms after the

ratification of this Constitution, one-half of the seats allocated to party-list representatives shall

be filled, as provided by law, by selection or election from the labor, peasant, urban poor,

indigenous cultural communities, women, youth, and such other sectors as may be provided

by law, except the religious sector.

(3) Each legislative district shall comprise, as far as practicable, contiguous, compact, and

adjacent territory. Each city with a population of at least two hundred fifty thousand, or each

province, shall have at least one representative.


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(4) Within three years following the return of every census, the Congress shall make a

reapportionment of legislative districts based on the standards provided in this section.

Section 6. No person shall be a Member of the House of Representatives unless he is a natural-

born citizen of the Philippines and, on the day of the election, is at least twenty-five years of

age, able to read and write, and, except the party-list representatives, a registered voter in the

district in which he shall be elected, and a resident thereof for a period of not less than one

year immediately preceding the day of the election.

Section 7. The Members of the House of Representatives shall be elected for a term of three

years which shall begin, unless otherwise provided by law, at noon on the thirtieth day of June

next following their election. No Member of the House of Representatives shall serve for more

than three consecutive terms. Voluntary renunciation of the office for any length of time shall

not be considered as an interruption in the continuity of his service for the full term for which he

was elected.

Section 8. Unless otherwise provided by law, the regular election of the Senators and the

Members of the House of Representatives shall be held on the second Monday of May.

Section 9. In case of vacancy in the Senate or in the House of Representatives, a special

election may be called to fill such vacancy in the manner prescribed by law, but the Senator

or Member of the House of Representatives thus elected shall serve only for the unexpired

term.

Section 10. The salaries of Senators and Members of the House of Representatives shall be

determined by law. No increase in said compensation shall take effect until after the

expiration of the full term of all the Members of the Senate and the House of Representatives

approving such increase.

Section 11. A Senator or Member of the House of Representatives shall, in all offenses

punishable by not more than six years imprisonment, be privileged from arrest while the

Congress is in session. No Member shall be questioned nor be held liable in any other place

for any speech or debate in the Congress or in any committee thereof. (Parliamentary

Immunity)

Section 12. All Members of the Senate and the House of Representatives shall, upon

assumption of office, make a full disclosure of their financial and business interests. They shall

notify the House concerned of a potential conflict of interest that may arise from the filing of a

proposed legislation of which they are authors. (Conflict of Interest)

Section 13. No Senator or Member of the House of Representatives may hold any other office

or employment in the Government, or any subdivision, agency, or instrumentality thereof,

including government-owned or controlled corporations or their subsidiaries, during his term

without forfeiting his seat. Neither shall he be appointed to any office which may have been

created or the emoluments thereof increased during the term for which he was elected.

(Incompatible and Forbidden offices)

Section 14. No Senator or Member of the House of Representatives may personally appear as

counsel before any court of justice or before the Electoral Tribunals, or quasi-judicial and other

administrative bodies. Neither shall he, directly or indirectly, be interested financially in any


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contract with, or in any franchise or special privilege granted by the Government, or any

subdivision, agency, or instrumentality thereof, including any government-owned or controlled

corporation, or its subsidiary, during his term of office. He shall not intervene in any matter

before any office of the Government for his pecuniary benefit or where he may be called

upon to act on account of his office.(Inhibition and Disqualification)

Section 15. The Congress shall convene once every year on the fourth Monday of July for its

regular session, unless a different date is fixed by law, and shall continue to be in session for

such number of days as it may determine until thirty days before the opening of its next regular

session, exclusive of Saturdays, Sundays, and legal holidays. The President may call a special

session at any time.

SECTION 16. (1) The Senate shall elect its President and the House of Representatives its

Speaker, by a majority vote of all its respective Members. (Quorum And Voting Majorities)

Each House shall choose such other officers as it may deem necessary.

(2) A majority of each House shall constitute a quorum to do business, but a smaller number

may adjourn from day to day and may compel the attendance of absent Members in such

manner, and under such penalties, as such House may provide.

(3) Each House may determine the rules of its proceedings, punish its Members for disorderly

behavior, and, with the concurrence of two-thirds of all its Members, suspend or expel a

Member. A penalty of suspension, when imposed, shall not exceed sixty days.

(4) Each House shall keep a Journal of its proceedings, and from time to time publish the

same, excepting such parts as may, in its judgment, affect national security; and the yeas and

nays on any question shall, at the request of one-fifth of the Members present, be entered in

the Journal.

Each House shall also keep a Record of its proceedings.

(5) Neither House during the sessions of the Congress shall, without the consent of the other,

adjourn for more than three days, nor to any other place than that in which the two Houses

shall be sitting.

SECTIONS 17-19: ELECTORAL TRIBUNALS AND THE COMMISSION OF APPOINTMENTS

SECTION 17. The Senate and the House of Representatives shall each have an Electoral

Tribunal, which shall be the sole judge of all contests relating to the election, returns, and

qualifications of their respective Members. Each Electoral Tribunal shall be composed of nine

Members, three of whom shall be Justices of the Supreme Court to be designated by the Chief

Justice, and the remaining six shall be Members of the Senate or the House of Representatives,

as the case may be, who shall be chosen on the basis of proportional representation from the

political parties and the parties or organizations registered under the party-list system

represented therein. The senior Justice in the Electoral Tribunal shall be its Chairman.

SECTION 18. There shall be a Commission on Appointments consisting of the President of the

Senate, as ex officio Chairman, twelve Senators and twelve Members of the House of


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Representatives, elected by each House on the basis of proportional representation from the

political parties and parties or organizations registered under the party-list system represented

therein. The Chairman of the Commission shall not vote, except in case of a tie. The

Commission shall act on all appointments submitted to it within thirty session days of the

Congress from their submission. The Commission shall rule by a majority vote of all the

Members.

SECTION 19. The Electoral Tribunals and the Commission on Appointments shall be constituted

within thirty days after the Senate and the House of Representatives shall have been organized

with the election of the President and the Speaker. The Commission on Appointments shall

meet only while the Congress is in session, at the call of its Chairman or a majority of all its

Members, to discharge such powers and functions as are herein conferred upon it.

SECTION 20. The records and books of accounts of the Congress shall be preserved and be

open to the public in accordance with law, and such books shall be audited by the

Commission on Audit which shall publish annually an itemized list of amounts paid to and

expenses incurred for each Member.

SECTION 21. The Senate or the House of Representatives or any of its respective committees

may conduct inquiries in aid of legislation in accordance with its duly published rules of

procedure. The rights of persons appearing in or affected by such inquiries shall be respected.

SECTION 22. The heads of departments may upon their own initiative, with the consent of 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 the House of

Representatives at least three days before their scheduled appearance. Interpellations shall

not be limited to written questions, but may cover matters related thereto. When the security of

the State or the public interest so requires and the President so states in writing, the

appearance shall be conducted in executive session.

SECTION 23. (1) The Congress, by a vote of two-thirds of both Houses in joint session

assembled, voting separately, shall have the sole power to declare the existence of a state of

war.

(2) In times of war or other national emergency, the Congress may, by law, authorize the

President, for a limited period and subject to such restrictions as it may prescribe, to exercise

powers necessary and proper to carry out a declared national policy. Unless sooner

withdrawn by resolution of the Congress, such powers shall cease upon the next adjournment

thereof.

SECTIONS 24, 25, 28, and 29: LIMITATIONS ON REVENUE, APPROPRIATION AND TARIFF MEASURES

SECTION 27: PRESIDENTIAL VETO AND CONGRESSIONAL OVERRIDE

SECTION 24. All appropriation, revenue or tariff bills, bills authorizing increase of the public

debt, bills of local application, and private bills shall originate exclusively in the House of

Representatives, but the Senate may propose or concur with amendments.


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SECTION 25. (1) The Congress may not increase the appropriations recommended by the

President for the operation of the Government as specified in the budget. The form, content,

and manner of preparation of the budget shall be prescribed by law.

(2) No provision or enactment shall be embraced in the general appropriations bill unless it

relates specifically to some particular appropriation therein. Any such provision or enactment

shall be limited in its operation to the appropriation to which it relates.

(3) The procedure in approving appropriations for the Congress shall strictly follow the

procedure for approving appropriations for other departments and agencies.

(4) A special appropriations bill shall specify the purpose for which it is intended, and shall be

supported by funds actually available as certified by the National Treasurer, or to be raised by

a corresponding revenue proposed therein.

(5) No law shall be passed authorizing any transfer of appropriations; however, the President,

the President of the Senate, the Speaker of the House of Representatives, the Chief Justice of

the Supreme Court, and the heads of Constitutional Commissions may, by law, be authorized

to augment any item in the general appropriations law for their respective offices from savings

in other items of their respective appropriations.

(6) Discretionary funds appropriated for particular officials shall be disbursed only for public

purposes to be supported by appropriate vouchers and subject to such guidelines as may be

prescribed by law.

(7) If, by the end of any fiscal year, the Congress shall have failed to pass the general

appropriations bill for the ensuing fiscal year, the general appropriations law for the preceding

fiscal year shall be deemed re-enacted and shall remain in force and effect until the general

appropriations bill is passed by the Congress.

SECTION 26. (1) Every bill passed by the Congress shall embrace only one subject which shall

be expressed in the title thereof.

(2) No bill passed by either House shall become a law unless it has passed three readings on

separate days, and printed copies thereof in its final form have been distributed to its Members

three days before its passage, except when the President certifies to the necessity of its

immediate enactment to meet a public calamity or emergency. Upon the last reading of a

bill, no amendment thereto shall be allowed, and the vote thereon shall be taken immediately

thereafter, and the yeas and nays entered in the Journal.

SECTION 27. (1) Every bill passed by the Congress shall, before it becomes a law, be presented

to the President. If he approves the same, he shall sign it; otherwise, he shall veto it and return

the same with his objections to the House where it originated, which shall enter the objections

at large in its Journal and proceed to reconsider it. If, after such reconsideration, two-thirds of

all the Members of such House shall agree to pass the bill, it shall be sent, together with the

objections, to the other House by which it shall likewise be reconsidered, and if approved by

two-thirds of all the Members of that House, it shall become a law. In all such cases, the votes

of each House shall be determined by yeas or nays, and the names of the Members voting for

or against shall be entered in its Journal. The President shall communicate his veto of any bill to


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the House where it originated within thirty days after the date of receipt thereof; otherwise, it

shall become a law as if he had signed it.

(2) The President shall have the power to veto any particular item or items in an appropriation,

revenue, or tariff bill, but the veto shall not affect the item or items to which he does not object.

SECTION 28. (1) The rule of taxation shall be uniform and equitable. The Congress shall evolve

a progressive system of taxation.

(2) The Congress may, by law, authorize the President to fix within specified limits, and subject

to such limitations and restrictions as it may impose, tariff rates, import and export quotas,

tonnage and wharfage dues, and other duties or imposts within the framework of the national

development program of the Government.

(3) Charitable institutions, churches and parsonages or convents appurtenant thereto,

mosques, non-profit cemeteries, and all lands, buildings, and improvements, actually, directly,

and exclusively used for religious, charitable, or educational purposes shall be exempt from

taxation.

(4) No law granting any tax exemption shall be passed without the concurrence of a majority

of all the Members of the Congress.

SECTION 29. (1) No money shall be paid out of the Treasury except in pursuance of an

appropriation made by law.

(2) No public money or property shall be appropriated, applied, paid, or employed, directly or

indirectly, for the use, benefit, or support of any sect, church, denomination, sectarian

institution, or system of religion, or of any priest, preacher, minister, or other religious teacher,

or dignitary as such, except when such priest, preacher, minister, or dignitary is assigned to the

armed forces, or to any penal institution, or government orphanage or leprosarium.

(3) All money collected on any tax levied for a special purpose shall be treated as a special

fund and paid out for such purpose only. If the purpose for which a special fund was created

has been fulfilled or abandoned, the balance, if any, shall be transferred to the general funds

of the Government.

SECTION 30. No law shall be passed increasing the appellate jurisdiction of the Supreme Court

as provided in this Constitution without its advice and concurrence.

SECTION 31. No law granting a title of royalty or nobility shall be enacted.

SECTION 32. The Congress shall, as early as possible, provide for a system of initiative and

referendum, and the exceptions therefrom, whereby the people can directly propose and

enact laws or approve or reject any act or law or part thereof passed by the Congress or local

legislative body after the registration of a petition therefor signed by at least ten per centum of

the total number of registered voters, of which every legislative district must be represented by

at least three per centum of the registered voters thereof.


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Legislative Inquiries and the Oversight Function

LEGISLATIVE INQUIRIES

Legislative inquiries may refer to the implementation or re-examination of any law or

appropriation, or in connection with any proposed legislation or for the formulation of, or in

connection with future legislation, or will aid in the review or formulation of a new legislative

policy or enactment. (Senate Rules of Procedures Governing Inquiries in Aid of Legislation).

Legislative inquiry is inherent in Congress. The inquiry, to be within the jurisdiction of the legislative body to make, must be material or necessary to the exercis

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CONSTI1 Midterms Reviewer