Reviewer in Philippine Constitution
Reviewer in Philippine Constitution
Reviewer in Philippine Constitution
Elements of State
1. People
2. Territory
3. Government
4. Sovereignty
a. Internal
b. External (Independence)
Constitution-body of rules and principles in accordance with which the powers of sovereignty are regularly exercised.
Rule of majority
a. Majority votes
-to elect Senate President, Speaker of the House.
-of all members of the house grant of amnesty, tax exemptions
-in case of tie in the election of President or Vice President, majority members of the HOUSE.
b. 2/3
-respective members suspend/expel member of either house.
-all members of Congress to declare existence of war.
-reconsider a bill vetoed by a President.
-to call Constitutional Convention
-all members of Senate to concur a treaty or international agreement.
-judgment of conviction in impeachment cases.
c. 3/4
-amendment to, or revision of, the Constitution may be proposed by Congress upon a vote of ¾ of all its members
PREAMBLE
To walk before-preambulare.
The only one in the world to enshrine the word “love.”
Terrestrial – Land
Fluvial- Water
Territorial sea, seabed, subsoil, insular shelves or submarine areas.
Aerial-Air
Archipelago Doctrine- waters around, between and connecting the islands of the archipelago, regardless of their breadth or
dimensions, form part of the internal waters of the Philippines.
Due Process-hears before it condemns, proceeds upon inquiry, renders judgment only after trial.
Equal Protection of the Law- all persons subject to legislation should be treated alike under like circumstances and conditions
both in privileges conferred and liabilities imposed.
Right of Assembly- right on the part of the citizens to meet peaceably for consultation in respect to public affairs
Right of Petition-redress of grievances to the government
Religious freedom includes non-establishment clause (basis: separation of church and State), no religious test. Religious
professional worship: freedom to believe in religion and freedom to act in accordance with such belief.
Liberty of abode-Home/Residence
Right to travel is inviolable, exception: interest of national security, public safety, or public health as may be provided by law.
Miranda rights available during custodial investigation, right to remain silent to have a competent and independent counsel
preferably of his own choice. It can be waived through writing in the presence of the counsel.
Bail- security required by court given as a provisional or temporary release of a person who is in the custody of the law.
Bail is not impaired when the privilege of the writ of habeas corpus is suspended, not available when the charge is capital offense
or reclusion perpetua.
Excessive bail shall not be required.
Writ of habeas corpus- order issued by court of competent jurisdiction directed to the person detaining another, commanding
him to produce the body of the prisoner. Only the privilege of the writ of habeas corpus may be suspended not the writ itself.
ARTICLE IV CITIZENSHIP
Methods of acquiring citizenship
Involuntary method-by birth, by blood relationship, or by place of birth.
Voluntary method-naturalization.
ARTICLE V SUFFRAGE
At least 18 years of age
One year residence in the Philippines
6 months in the place where they propose to vote immediately preceding the election
No literacy, property, or substantive requirement shall be imposed.
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Scope of Suffrage:
1. Election-choosing of elected officials in a regular or special elections
2. Plebiscite-people expressing their vote for or against a law, e.g., cityhood
3. Referendum-submission of a law by a legislative body to the people for their approval
4. Initiative-people directly propose law to the legislative body
5. Recall-public officer may be removed from office before expiration of his term due to lack of trust and confidence from
the people.
24 Senators
Natural born citizen
At least 35 years of age on the day of the election
Able to read and write
Registered voter
Resident of the Philippines for not less than 2 years immediately preceding the day of the election
Term of office is 6 years
No senator shall serve for more than 2 consecutive terms
Freedom from arrest- all offenses punishable by not more than 6 years imprisonment while the congress is in session.
Parliamentary immunity-in the congress or any committee, free speech during debates and like.
Incompatible office-any member who accepts any other office or employment in government during his term forfeits his seat.
Forbidden office-any office created or emoluments increased. Members will be tempted to create office for personal gain.
The congress shall convene once every year on the 4 th Monday of July for its Regular Session, President may call for Special
Session.
CA-Commission on Appointments
President of the Senate-ex officio Chairman- no voting power except in case of tie.
12 Senators
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12 HR members
Basis of proportional representation from political parties
May convene only when Congress is in session
Congress may not increase the appropriations recommended by the President for the operation of the Government
If no general appropriations bill for the ensuing-reenacted.
Rider- a provision/enactment in general appropriations bill which does not relate to some particular appropriations therein.
Every bill shall embrace one subject only expressed in the title
Three readings in a separate day
It becomes a law when the bill is signed by the President, he may veto the same.
Over ride by 2/3 votes of all the members of such House.
President should communicate his VETO of any bill to the House where it originated within 30 days.
President shall have the power to VETO appropriations, revenue, or tariff bill.
VP may be appointed cabinet member and requires no confirmation by the Commission on Appointments
Serious illness of the President the public shall be informed of the state of his health
Foreign relations/ AFP Chief of Staff shall also be informed
Presidential appointments
Regular -during session of the congress
Ad Interim –recess of the congress
Suspension of the privilege of the writ of habeas corpus not exceeding 60 days
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In case of judge of a lower court the citizenship requirement is only CITIZEN OF THE PHILIPPINES
JUDICIAL AND BAR COUNCIL - principal function of recommending appointees to the Judiciary. JBC should submit Three
nominees to the President, appointment by the President needs no confirmation by the Commission of Appointment. Supervised
by the Supreme Court
Composition:
Chief Justice: ex officio Chairman
Secretary of Justice
Representative of Congress as officio member (only one)
A member of the Integrated Bar- 4 years
Professor of law-3 years
Retire member of the Supreme Court-2 years
Representative of the Private Sector-1 year
Retirement age of the members of the SC – 70 years or when he is incapacitated to discharge duties of their office
Lameduck doctrine/Political lameducks- no candidate who has lost in any election shall, within one year after such election, be
appointed to any office in the Government of any government-owned or controlled corporations or in any of its subsidiaries,
Article IX Section 6
COMELEC-COMMISSION ON ELECTIONS
1 CHAIRMAN 7 years
6 Commissioners
3 members- 7 years
2 members-5 years
1 members-3 years
Natural born citizen
At the time of appointment at least 35 years of age
Holders of college degree, majority of them should be members of the Philippine BAR(abogado) with practice of law for at least
10 years.
COMMISSION ON AUDIT
1 Chairman 7 years
2 Commissioners
1st member-5 years
2nd member-3 years
Natural born citizen
At the time of appointment at least 35 years of age
A certified public accountant not less than 10 years auditing experience
Member of the BAR with at least ten years practice of law.
Initiated by the House of the Representative 1/3 vote of HR for the approval of the Articles of Impeachment
Limitation: no impeachment complaint be initiated against the same official more than once within a period of one year
Senate-sole judge
If President is on trial- Chief Justice shall preside the impeachment trial and shall not vote.
OMBUDSMAN
Natural born citizen
40 years of age
Member of the Philippine BAR with ten years practice of law
ARTICLE XIV EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE AND SPORTS
Free public education in elementary and high school
Compulsory elementary education
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All educational institution shall include Constitution as part of curricula Article XIV Section 3(1)
Teaching of religion- Optional, with expressed writing from parents or guardians, within regular class hours without additional
cost to the government, elementary and HS.
National language-FILIPINO
To be used in official communication, language of instruction in educational system
ARTICLE XV FAMILY
Marriage-inviolable social institution, is the foundation of the family and shall be protected by the STATE.