10 Outline of Nachuras ConstiLaw Outline/glaiNOTES:

I. GENERAL PRINCIPLES

A. Political Law, definedB. Scope/Division of Political Law1. Constitutional Law2. Administrative Law3. Law on Municipal Corporations4. Law of Public Officers5. Election Laws

C. Basis of the StudyII. THE PHILIPPINE CONSTITUTIONA. Nature of the Constitution

1. Definition

2. Purpose3. Classification

4. Qualities of a good written Constitution

5. Essential Parts of a good written Constitution6. Interpretation/Construction of the ConstitutionB. Brief Constitutional HistoryC. The 1987 ConstitutionD. Amendment1. Amendment v. Revisiona. Lambino v. COMELECb. Two-part test2. Constituent v. Legislative Power3. Steps in the amendatory processa. Proposali. Congress, by a vote of of all its membersii. Constitutional Conventioniii. People, through the power of initiative1. On the Constitution2. On statutes3. On Local Legislationb. Ratificationi. Doctrine of proper submission1. Plebiscite may be held on the same day as regular elections2. Entire Constitution must be submitted for ratification at one plebiscite only. Piece-meal amendments not allowed. 4. Judicial Review of AmendmentsE. Power of Judicial Review1. Judicial Review

2. Who may exercise the power3. Functions of judicial reviewa. Checkingb. Legitimatingc. Symbolic 4. Requisites of Judicial Review/Inquirya. Actual case or controversy

b. Raised by the proper partyc. Raised at the earliest possible opportunityd. Decision must be determinative of the case itself5. Effects of Declaration of Unconstitutionality, two views:

a. Orthodox viewb. Modern view6. Partial Unconstitutionality, requisites:

The Legislature must be willing to retain the valid portions, usually shown by the presence of a separability clause The valid portion can stand independently as lawIII. THE PHILIPPINES AS A STATEA. Definition of a State

1. Distinguished from Nation

2. Distinguished from Government

B. Elements of a State1. People

2. Territory

a. The National Territoryb. Componentsc. The Philippine Archipelagod. Other territories over which the Philippines exercises jurisdictione. Archipelago doctrine3. Governmenta. Definedb. Functionsc. Doctrine of Parens Patriaed. Classificationi. De Jureii. De Factoiii. Presidentialiv. Parliamentaryv. Unitaryvi. Federal4. Sovereigntya. Definedb. Kindsi. Legalii. Internalc. Characteristicsd. Effects of change in sovereigntye. Effects of belligerent occupationf. Dominium v. Imperiumg. Jurisidictioni. Territorialii. Personal iii. ExtraterritorialC. State Immunity from Suit1. Basis

2. Par in parem non habet imperium3. Test to determine if suit against the State4. Suits against Government Agencies

a. Incorporatedb. Unincorporated5. Suits against Public Officers

6. Need for Consent

a. Expressi. General Lawii. Special Lawb. Impliedi. State commences litigation

ii. State enters into a business contract

7. Scope of Consent

8. Suability not equated with outright liabilityIV. FUNDAMENTAL POWERS OF THE STATEA. General Principles1. Inherent Powers- Police Power

- Eminent Domain

- Taxation

2. Similarities

3. Distinctions

4. Limitations

B. Police Power1. Definition

2. Scope/Characteristics3. Who may exercise the power

4. Limitationsa. Lawful subjectb. Lawful Means5. Additional Limitationsa. Express grant by lawb. Within territorial limitsc. Not contrary to lawC. Eminent Domain1. Definition/Scope2. Who may exercise the power3. Requisites for exercisea. Necessityb. Private Propertyc. Taking in the constitutional sensei. Valid taking private property for more than a momentary period under warrant or color or authority property for public use or otherwise informally appropriate or injuriously affected utilization of the property must be in such a way as to oust the owner and deprive him of beneficial enjoyment of the propertyd. Public usee. Just compensationi. Conceptii. Judicial prerogativeiii. Need to appoint Commissionersiv. Form of compensationv. Withdrawal of deposit by rejecting landownervi. Reckoning point of market value of the property vii. Entitlement of owner to interestviii. Who else may be entitled to just compensation ix. Title to the propertyx. Right of landowner in case of non-payment of just compensationf. Due process of law4. Writ of Possession5. Plaintiffs right to dismiss the complaint in eminent domain

6. Right to repurchase or re-acquire the property7. Expropriation under Sec. 18, Art. XII8. Expropriation under Sec. 4 and 9, Art. XIII D. Taxation1. Definition2. Who may exercise3. Limitations on the exercisea. Due Processb. EPCc. Public purpose4. Dpuble Taxation5. Tax Exemptions

6. Police Power v. Taxationa. License fee v. Taxb. Kinds of license feei. For useful occupations or enterprisesii. For non-useful occupations or enterprises amount may be a bit exorbitant7. Supremacy of the national government over LGUs in taxation

V. PRINCIPLES AND STATE POLICIES

A. Preamble1. Does not confer rights nor impose duties

2. Indicates authorship3. Enumerates primary aims and aspirations

4. Aids in the construction of the Constitution

B. Republicanism1. Essential features

Representation

Renovation

2. Manifestationsa. Ours is a government of laws and not of menb. Rule of the majorityc. Accountability of public officialsd. Bill of Rightse. Legislature cannot pass irrepealable lawsf. Separation of powersi. Purpose ii. La Bugaliii. Not doctrinaire nor with pedantic rigor, not independence but interdependenceiv. Principle of Blending of Powersv. Principle of Checks and Balancesvi. Role of the Judiciaryg. Delegation of Powersi. Potestas delegata non potest delegareii. Permissible delegation1. Tariiff Powers to the President2. Emergency Powers to the President3. Delegation to the Peoplea. Referendumb. Plebiscite4. Delegation to LGUs5. Delegation to Administrative Bodiesiii. Tests for valid delegation1. Completeness Test2. Sufficient Standard Test

C. The Incorporation Clause1. Renunciation of War

2. Doctrine of Incorporationa. Generally accepted principles of international law refers to norms of general or customary international law which are binding on all statesb. How international law becomes part of the sphere of domestic lawi. By Transformationii. By Incorporationc. When appliedd. Lex posterior derogat prioriD. Civilian Supremacy

E. Duty of Government; people to defend the StateRight to Bear Arms

F. Separation of Church and State

G. Independent foreign policy and nuclear-free Philippines

H. Just and Dynamic Social Order

I. Promotion of Social JusticeJ. Respect for human dignity and human rightsK. Family and youthL. Fundamental equality of men and women

M. Promotion of health and ecologyN. Priority to education, science, technology, etc. O. Protection to laborP. Self-reliant and independent economic orderQ. Land ReformR. Indigenous cultural communitiesS. Independent peoples organizationsT. Communication and information in nation-buildingU. Autonomy of local governmentV. Equal access of opportunities for public serviceW. Honest public service and full public disclosureVI. BILL OF RIGHTSA. In General1. Definitiona. Civil Rightsb. Political RightsB. Due Process of Law1. Origin2. Definition

3. Who are protected4. Meaning of life, liberty and propertya. Lifeb. Libertyc. Property

5. Aspects of due process

a. Substantiveb. Procedurali. An impartial court or tribunal clothed with judicial power to hear and determine the matter before it

ii. Jurisdiction must be lawfully acquired over the person of the defendant and over the property which is the subject matter of the proceedingiii. The defendant must be given an opportunity to be heard

iv. Judgment must be rendered upon lawful hearing6. Publication as part of due process7. Appeal and due process8. Preliminary investigation and due process9. Administrative due processC. Equal Protection of the Laws1. Meaning; Persons Protected2. Scope of Equalitya. Economicb. Politicalc. Social3. Valid classificationa. Substantial distinctionsb. Germane to the purpose of the lawc. Not limited to existing conditions onlyd. Applies equally to all members of the same class D. Searches and Seizures1. Scope of the protection2. Some Procedural Rules3. Only a judge may validly issue

a. Exceptionb. Harvey v. Santiago4. Requisites of a Valid Warranta. Probable Causeb. Determination personally by a judgei. Issuance of a warrant of arrestii. Issuance of a search warrantc. After examination, under oath or affirmation, of the complainant and the witnesses he may produced. Particularity of descriptioni. General warrantsii. Warrant of Arrestiii. Search Warrant5. Properties subject to seizure Subject of the offense

Stolen or embezzled property and other proceeds or fruits of the offense Property used or intended to be used as means for the commission of an offense6. Conduct of the Search7. Warrantless Arrests

a. When the person to be arrested has committed, is actually committing, or is attempting to commit an offense in his presencei. Rebel may be arrested at any time, with or without a warrantii. Hot Pursuitiii. Buy-Bust Operation is a valid in flagrante arrestb. When an offense had just been committed and there is probable cause to believe, based on his personal knowledge of facts or of other circumstances, that the person to be arrested has committed the offensec. When the person to be arrested is a prisoner who has escaped from a penal institution or place where he is serving final judgment or temporarily confined while his case is pending, or has escaped while being transferred from one confinement to anotherd. When the right is voluntarily waived

8. Warrantless Searchesa. When the right is voluntarily waivedb. Stop-and-friskc. Search and seizure is an incident to lawful arrestd. Search of vessel and aircrafte. Moving vehiclesf. Inspection of buildings and other premises for the enforcement of fire, sanitary and building regulationsg. Where prohibited articles are in plain viewElements:i. Prior valid intrusion

ii. Evidence inadvertently discovered

iii. Evidence immediately apparent

iv. Plain view justified the seizure

h. Search and seizure under exigent and emergency circumstancesi. Arial target zoning or Saturation Drives9. Exclusionary Rule

E. Privacy of Communications and Correspondence1. Inviolability2. Mantle over tangible and intangible objects3. Zulueta v. CA4. Waterous Drug v. NLRC

5. Exclusionary Rule

F. Freedom of Expression

1. Scope

2. Aspects

a. Freedom from censorship or prior restraintb. Freedom from subsequent punishmenti. Libelii. Obscenityiii. Criticism of official conductiv. Right of students to free speech in school premises not absolute3. Tests of valid governmental interferencea. Clear and Present Danger Ruleb. Dangerous Tendency Rulec. Balancing of Interests Test4. Assembly and PetitionG. Freedom of Religion1. Two guarantees

2. Non-establishment clausea. Exceptionsb. Scopei. Adong v. Cheong Seng Geeii. Laws which punish blasphemyiii. Islamic Dawah v. Exec. Sec. iv. Intramural religious dispute3. Free Exercise clausea. Aspects of freedom of religious profession and worshipi. Right to believe

ii. Right to act according to ones belief1. Compelling State Interest Test

2. State regulations on solicitationsH. Liberty of Abode and of Travel1. Limitation on liberty of abode\a. Villavicencio v. Lukbani. Ruby v. Provincial Boardb. UDHR 132. Limitations on the right to travela. Phil. Exporters v. Drilonb. Manotoc v. CAI. Right to Information1. Scope2. Need for publication reinforces the right

3. Some casesa. Aquino-Sarmiento v. Moratob. Echegaray v. Sec. of Justicec. In Re Coverage of Erap Plunder casesi. AVR only for documentary purpose, not for live or real-time broadcastd. Bantay RA 7941 v. Comelece. Hilado v. ReyesJ. Right to form associations1. Scopea. Right to strike2. Right not absolute

K. Non-impairment Clause1. Impairment must be substantial. Law must effect change in right of the parties with regard to each other, and not with respect to non-partiesa. Impairment2. Limitationsa. Police Powerb. Eminent Domainc. Taxation3. Franchises, privileges, licenses do not come within the provisionL. Free Access to CourtsM. Miranda Doctrine1. Source: Miranda v. Arizona2. Rights available only during custodial investigationa. When does it beginb. Police Line-upc. Not custodial investigationd. Rights refer to testimonial compulsion only3. What rights are availablea. Remain silentb. Competent and independent counselc. Informed of such rightsd. Rights cannot be waived, except...e. No torture, force...which vitiates free willf. Secret detention places...prohibitedg. Confessions/Admissions inadmissiblei. Two kinds of coerced confessions

1. Coerced confessions

2. Uncounselled statements

4. Applicability5. Waiver

a. Must be in writing and made in the presence of counselb. No retroactive effectc. Burden of proofd. What may be waived6. Guidelines for Arresting/Investigating Officers. Must inform person of:a. In language known and understood by him, of the reason for the arrest and he must be shown the warrant of arrestb. right to remain silent, and any statement made may be used against himc. right to be assisted at all times and have the presence of counseld. if he has no counsel, he shall be provided with onee. custodial investigation only when there is counself. right to communicate or conferg. right to waive any rights providedh. waiver of right to a lawyer must be in writing and with assistance of a lawyeri. he may indicate any manner at any time or stage of the process that he does not wish to be questionedj. initial waiver does not bar him from invoking it at any time during the processk. any statement or evidence obtained in violation shall be inadmissible7. Exclusionary Rulea. Fruit of the poisonous treeb. Receipt of seized property inadmissiblec. Re-enactment of the crimed. Res gestaee. Waiver of exclusionary ruleN. Right to Bail1. Defined

2. When invoked3. Exceptionsa. When charged with an offense punishable by RP and evidence of guilt is strongb. Traditionally, not available to military4. Duty of the court when accused charged with offense punishable by RP or higher

5. Bail is either a matter of right, or at the judges discretion, or it may be denieda. Bail, a matter or rightb. Bail, when discretionaryc. When shall be denied6. Standards for fixing bail7. Right to bail and travel abroad

8. Right to bail and extradition

O. Constitutional Rights of the Accused1. Criminal Due Processa. Mejia v. Pamaranb. Unreasonable delay in resolving complaintc. Impartial court or tribunal

d. Right to a hearing

e. People v. Webbf. Erap v. Sandiganbayang. Plea of guilt to a capital offense

h. State and offended party entitled to due process

2. Presumption of innocencea. Proof against accused must survive the test of reasonb. When presumption not overcomec. Presumption of regularity cannot, by itself, prevail over constitutional presumption of innocenced. Logical connection between fact proved and ultimate fact presumede. Presumption may be overcome by contrary presumptions based on experience of human conductf. Ong v. Sandiganbayang. Circumstantial Evidenceh. Equipoise Rule 3. Right to be heard by himself and by counsela. The right to counsel during the trial is not subject to waiverb. Decision of conviction set aside when appointment of counsel was pro forma and counsel did not exert best effortsc. Some instances when right cannot be waivedd. Preference in choice of counsel applies to person under investigation rather to accused in criminal prosecution e. Client bound by mistakes of lawyer, except when negligence or incompetence of counsel is deemed so gross as to have prejudiced the constitutional right of the accused4. Right to be informed of the nature and cause of the accusation against hima. Rationaleb. Requisitesc. Void-for-vagueness ruled. Waiver5. Right to speedy, impartial and public triala. Speedy Trialb. Impartial Trialc. Public Trial6. Right to meet witnesses face to face7. Right to compulsory process to secure attendance of witnesses and production of evidencea. Requisites:i. Evidence is really materialii. Accused is not guilty of neglect in previously obtaining the production of such evidenceiii. Evidence will be available at desired timeiv. No similar evidence can be obtained8. Trial in absentiaa. When presence of accused mandatoryi. Arraignment and pleaii. During trial for identificationiii. During promulgation of sentence, unless for a light offense wherein accused may appear by counsel or representativeP. Habeas Corpus1. Defined2. When available3. Procedure4. Grounds for suspension

5. Suspension does not suspend right to bail

Q. Speedy Disposition of Cases1. Cadalin v. POEA Administrator2. BInay v. Sandiganbayan

a. Licaros v. Sandiganbayan3. Tilendo v. OMB4. Roque v. OMB5. Abadia v. CA6. Guerrero v. CAR. Self-incrimination1. Availability2. Scope

3. Immunity

4. Waiver

S. Non-detention by reason of political beliefs or aspirationsT. Involuntary Servitude1. Reinforced by RPC 272 PM and 10K fine to anyone who shall purchase, sell, kidnap or detain human being for the purpose of enslaving him2. Exceptions punishment for a crime whereof one has been duly convicted service in defense of the State naval enlistment posse comitatus return to work order in industries affected with public interest patria potestasU. Prohibited Punishments1. Mere severity does not constitute cruel or unusual punishment2. Death penalty is not a cruel or unusual punishmenta. Plea of guilt in capital offenses3. Automatic review

V. Non-imprisonment for Debt1. Serafin v. Lindayag2. Lozano v. Martinez3. People v. Judge Nitafan

W. Double Jeopardy1. Requisitesa. Valid complaint or informationb. Filed before a competent courtc. To which the defendant had pleadedi. When the accused, after pleading guilty, testified to prove MC, the testimony had the effect of vacating his plea of guiltyd. Defendant was previously acquitted or convicted, or the case dismissed or otherwise terminated without his express consenti. Mere filing of two informations or complaints charging the same offense does not yet place the accused in double jeopardyii. No double jeopardy where the accused was sentenced to plea bargaining approved by the court but without the consent of the fiscal. (fiscal consent necessary)iii. Promulgation of only one part of the decision is not a bar to the promulgation of the other partiv. Dismissal of actionPermanent dismissalProvisional dismissal1. When the ground for the motion to dismiss is insufficiency of evidence2. When the proceedings have been unreasonably prolonged as to violate the right of the accused to speedy trialv. Revival of criminal cases provisionally dismissedvi. Appeal by the prosecution1. Three relate protections provided by DJa. Against a second prosecution for the same offense after acquittalb. --- after convictionc. Against multiple punishments for the same offense2. After trial on the merits, an acquittal is immediately final and cannot be appealed. The only exception; mistrial resulting in denial of due process

3. Court acted without JD when it dismissed the case merely because none of the witnesses notified by the court appeared during pre-trialvii. Discharge of co-accused

viii. Where the judge amended her decision of acquittal because she overlooked the testimony of a witness, the amended decision is void4. Crimes Covered5. Doctrine of supervening event

a. Not a bar when: graver offense developed due to supervening facts arising from the same act or omission the facts constituting the graver offense arose or were discovered only after the filing of the former complaint or information the plea of guilty to a lesser offense was made without the consent of the fiscal or the offended partyX. Ex-Post Facto Law and Bill of Attainder

1. Ex Post Facto Lawa. Kindsi. Makes criminal action done before the passage of the law and which was innocent when done, and punishes such actionii. Aggravates a crime, makes it greater than it was when committediii. Changes punishment and inflicts greater punishmentiv. Alters legal rules of evidence and receives less or different testimony than the law required at the time of commission of the offense in order to convictv. Assuming to regulate civil rights, imposes a penalty or deprivation of right for something which when done was lawfulvi. Deprives accused of a crime of some lawful protection to which they have become entitled, such as the protection of a former conviction or acquittal, or of a proclamation of amnestyb. Characteristicsi. Refers to criminal matters

ii. Retroactive, andiii. Prejudices the accusedc. Some Cases2. Bill of Attaindera. Defined legislative act that inflicts punishment without trialb. Characteristics substitutes legislative fiat for a judicial determination of guilt Anti-Subversion Act is not a Bill of Attainder because it does not specify the Communist Party or its members for the purpose of punishment, it simply declares the party to be an organized conspiracy to overthrow the governmentVII. CITIZENSHIPA. General Principles

1. Defined

2. Usual modes of acquiring citizenship

3. Modes (by birth) applied in the Philippinesa. Before 1935 Constitutioni. Jus Sanguinisii. Jus solib. After 1935 Constitutioni. Jus sanguinis4. Natural-born citizens5. Marriage by Filipino to an alien6. Policy against dual allegiance7. Attack on ones citizenship may be made only through a direct proceeding8. Res judicata in citizenship cases

B. Citizens of the Philippines1. Those citizens of the Philippines at the time of the 1987 Constitutiona. Valles v. COMELECb. Roa doctrinec. Caram provision2. Those whose mothers or fathers are citizens of the Philippines3. Those born before Jan. 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majoritya. Procedure for electionb. When to electc. Cu v. RPd. Villahermosa v. Commissioner of Immigratione. RP v. Chule Lim4. Those naturalized in accordance with lawC. Naturalization

1. Modes of naturalization

a. Directb. Derivative

2. Doctrine of indelible allegiance3. Direct naturalization under Philippine laws4. Naturalization under CA 473

a. Qualificationsb. Disqualificationsc. Procedured. Effects of Naturalizatione. Denaturalization5. Naturalization by direct legislative action

6. Administrative NaturalizationD. Loss and Reacquisition of Philippine Citizenship (CA 63)

1. Loss of citizenshipa. By naturalization in a foreign countryb. By express renunciation of citizenshipc. By subscribing to an oath of allegianced. By rendering service to or accepting commission in the armed forces of a foreign countrye. By cancellation of the certificate of naturalizationf. By having been declared by competent authority a deserter of the Philippine armed forces in time of war2. Reacquisition of citizenshipa. Taking oath or allegiance b. By naturalizationc. By repatriationd. By direct act of CongressVIII. THE LEGISLATIVE DEPARTMENTA. The Legislative Power

1. Definition

2. Where Vesteda. Congress to provide a system of initiative and referendumi. Enabling Act1. Initiative and Referendum defined2. Prohibited measures3. Local Initiative4. Limitations on Local InitiativeB. Congress

1. Composition2. Bicameralism v. UnicameralismC. Senate

1. Composition2. Qualifications

3. Term of Office

a. LimitationD. House of Representatives

1. Compositiona. District representativesb. Party-list representativesc. Sectoral representatives2. Apportionment of legislative districts

a. Inhabitantsb. Territoryc. Reapportionmenti. Mariano v. ComelecTobias v. Abalosii. Montejo v. Comeleciii. Sema v. Comelec3. Qualificationsa. IRM v. Comelecb. Aquino v. Comelecc. Coquilla v. Comelec 4. Term of Office5. The Part-List System

a. Definition of Termsi. Partyii. Political partyiii. Sectoral partyiv. Sectoral organizationv. Coalitionb. Registration; Manifestation to participatec. Refusal and/or Cancellation of Registrationd. Nomination of Representativese. Qualifications of Nomineesf. Manner of Voting

i. Bantay RA v. Comelecg. Numberi. Veterans v. Comelec1. PM and Butil v. Comelecii. Ang Bagong Bayani v. Comelech. Choosing a Representative

i. Effect of change of affiliation j. Vacancyk. Term of office; rightsE. Election

1. Regular

2. Special

F. Salaries

G. Privileges

1. Freedom from arresta. RPC 145b. People v. Jalosjosc. Trillanes v. Pimentel2. Privilege of speech and debatea. Osmena v. PendatunH. Disqualifications

1. Incompatible office2. Forbidden officeI. Other inhibitions1. Appearing personally as counsel

2. Full disclosureJ. Sessions

1. Regular

2. Special

3. Joint

a. Voting separatelyi. Choosing the presidentii. Determine presidents disabilityiii. Confirming nomination of the VPiv. Declaring existence of a state of warv. Proposing constitutional amendmentsb. Voting jointly4. Adjournment

K. Officers

L. Quorum

M. Rules of Proceedings

N. Discipline of members

O. Records and books of accounts

P. Legislative Journal and the Congressional Record

1. Entered in the journal2. Enrolled Bill TheoryQ. Electoral Tribunals1. Compositiona. HRETb. SETc. Doctrine of Primary Jurisdiction2. Powera. Sampayan v. Dazab. Vinzons-Chato v. Comelecc. ET independent of the Houses. Its decisions may not be reviewed by the SC, except when there is grave abuse of discretionR. Commission on Appointments

1. Composition

2. PowersS. Powers of Congress

1. General/Plenary legislative power2. Appropriation3. Taxation4. Legislative Investigation5. Question Hour

6. War Powers7. Act as Board of Canvassers in Election of President8. Call special election for President and VP

9. Judge presidents physical fitnessto discharge the functions of the Presidency10. Revoke or extend suspension of the privilege of WHC or declaration of martial law11. Concur in Presidential amnesties. 12. Concur in treaties or international agreements13. Confirm appointments/nominations made by the President14. Impeachment15. Relative to natural resources16. Propose amendments to the Constitution IX. THE EXECUTIVE DEPARTMENT

A. The President

1. Qualifications2. Election

a. Regular

b. Congress as canvassing board

i. Overseas Absentee Voting Act

ii. Lopez v. Senate: Congress may delegate initial determination of authenticity and due execution of certificates of canvass to a Joint Congressional Committee

iii. Pimentel v. Joint Committeeiv. Brillantes v. COMELECc. Supreme Court as PET

3. Term of Office

4. Oath of Office

5. Privilegesa. Official Residence

b. Salary

c. Immunity from Suit

i. Estrada v. Desiertoii. Gloria v. CAd. Executive Privilege

i. Senate v. Ermitaii. Nerie. Prohibitions/Inhibitions

6. Prohibitions/Inhibitions

a. Shall not receive any other emoluments from the government or any other sourcei. Republic v. Sandiganbayanb. Unless provided in the Constitution, shall not hold any other office or employmentc. Not directly or indirectly practice any other profession, participate in business, or be financially interested in any contract/franchise/privilege granted by governmentd. Avoid conflict of intereste. Not appoint spouse or relatives by consanguinity or affinity within the fourth civil degree. 7. Rules on Successionsa. Vacancy at the beginning of the termi. Death or permanent disabilityii. Fails to qualifyiii. Not choseniv. Senate President, then Speaker, then Congress-chosen succeedsb. Vacancy during termi. Death, permanent disability, removal from office, resignation of President1. Erap v. GMA:ii. Death, permanent disability, removal from office, resignation of President and VPc. Temporary disabilityd. Constitutional duty of Congress in case of vacancy in the offices of President and Vice-President8. Removal of the President BY impeachmentB. The Vice-President

1. Qualifications, election, term of office, removal2. Vacancy in the office of the Vice-PresidentC. Powers of the President

1. The Executive Powera. NEA v. CA:b. Authority to reorganize the OPc. Executive power vested in the Presidentd. Malaria Employees v. Romuloe. Not for the President to determine the validity of a law2. Power of Appointmenta. Appointment

b. Appointments, classifiedi. Permanent or Temporaryi.a. Valencia v. Peraltai.b. Binamira v. Garruchoii. Regular or ad interimii.a. PLM v. IACii.b. Matibag v. Benipayoc. Officials appointed by Presidenti. President shall nominate, with Commission on Appointments Heads of executive departments

Ambassadors, other public ministers and consuls Officers of armed forces from colonel to navy captain Those whose appointment vested by the Constitutioni.a. Sarmiento v. Mison:ii.b. Spriano v. Listaii. President shall appoint All other appointments not provided by law Authorized to appoint

ii.a. Bautista v. Salonga:ii.b. Tarrosa v. Singson:ii.c. Rufino v. Endriga:d. Steps in the appointing process Nomination by the President Confirmation by the CoApp Issuance of the commission Acceptance by the appointeee. Discretion of Appointing Authority

Pimentel v. Ermita

f. Special Constitutional Limitations on the Presidents appointment power May not appoint spouse and 4dra/c as ConComm member, OMB, Usec, Bureau/Office chair/heads, including GOCCs Appointments by acting President ineffective unless revoked by President-elect within 90 days from assumption of office 2 months before next presidential election, President shall not appoint, except temporary appointments to executive positions where continued vacancies will prejudice public service or endanger safetyDe Rama v. CA

In Re Mateo Valenzuelag. Power of Removal

ii. CSC members appointed by President may be directly disciplined by himiii. Cabinet members may be replaced any time, term expired3. Power of Control

a. Controli. Malaria Employees v. Romulob. Alter-ego principle

i. Lacson-Magallanes v. Panoii. DENR v. DENR Region 12iii. Gloria v. CAc. Appeald. Power exercised over acts, not actorse. SBMA under OPf. Control of Justice Secretary over prosecutorsg. General supervision over LGUs

Judge Dadole v. COA

Drilon v. Lim

Pimentel v. Aguirre4. Military Powers

a. Commander-in-chief clause

i. Gudani v. Senga

ii. Call out armed forces to prevent or suppress lawless violence, invasion or rebellion

iii. Organize courts martial for the discipline of AFP members, create military commissions for the punishment of war criminals

Olaguer v. Military Commission

Navales v. General Abaya

Gudani v. Sengab. Suspension of privilege of writ of habeas corpusi. Groundsii. Durationiii. Duty of President

iv. Congress may revoke or extend effectivity of proclamation by majority vote, voting jointlyv. Supreme Court may reviewvi. Not impair right to bail

vii. Applies only to persons judicially charged for rebellion or offenses inherent or directly connected with invasionviii. During suspension of writ, any person thus arrested/detained shall be judicially charged within 3 days, otherwise, he shall be releasedc. Martial Law

Constitutional limitations same as suspension of PWHC

5. Pardoning Power

a. Definitions

i. Pardon

ii. Commutation

iii. Reprieve

iv. Parole

v. Amnesty

b. Exercise by the President

c. Limitations on exercise

i. Cannot be granted in cases of impeachmentii. Cannot be granted in cases of violation of election laws without favorable recommendation of the COMELECiii. Can be granted only after conviction by final judgmentiv. Cannot be granted in cases of legislative contempt or civil contemptv. Cannot absolve the convict of civil liabilityvi. Cannot restore public offices forfeited

d. Pardon, classified

i. Plenary or partial

ii. Absolute or conditional

Conditional pardon is a contract between the Chief Executive and the convicted criminal

e. Amnesty

i. People v. Patriarcaii. Vera v. Peopleiii. People v. Casido6. Borrowing Power7. Diplomatic Powera. Commissioner of Customs v. Eastern Sea Tradingb. Bayan v. Executive Secretary8. Budgetary Power9. Informing Power10. Other Powers

a. Call Congress to a special sessionb. Power to approve or veto billsc. Consent to deputation of government personnel by the COMELECd. Discipline such deputiese. By delegation from Congress, emergency powersf. General supervision over LGUs and autonomous regional governmentsX. JUDICIAL DEPARTMENTA. The Judicial Power 1. Defined

a. Political question outside the territory of courtsb. Tocao v. CAc. De Leon v. CA2. Where Vested3. Jurisdiction

a. Congress has the power to define, prescribe, and apportion the jurisdiction of various courts, but may not deprive the SC of its JD over cases enumerated in Art. 8, Sec. 5b. No law shall be passed increasing the appellated jD of the SC as provided in the Constitution without its advice and concurrenceB. Constitutional Safeguards to Insure Independence of the Judiciary1. SC is a constitutional body; it may not be abolished by the legislature2. SC members removable only by impeachment3. SC may not be deprived of its minimum original and appellate JD; appellate JD may not be increased without advice and concurrence4. SC has administrative supervision over all inferior courts and personnel5. SC has exclusive power to discipline judges and justices of inferior courts6. Judiciary members have security of tenure7. Members of the Judiciary may not be designated to any agency performing quasi-judicial or administrative functions

8. Salaries of judges may not be reduced; the Judiciary enjoys fiscal autonomy

Fiscal autonomy contemplates a guarantee of flexibility to allocate and utilize their resources. DBM cannot downgrade the positions and salary grades of two positions in the PhilJA.9. Only the SC may initiate and promulgate the ROC

10. Only the SC may order temporary detail of judges11. The SC can appoint all officials and employees of the Judiciary

C. The Power of Judicial Review/InquiryD. Appointment to the Judiciary1. Qualificationsa. Supreme Court

b. Lower Collegiate Courtsc. Lower Courts2. Procedure for Appointmenta. Appointed by the President from a list of at least 3 nominees prepared by the JBC for every vacancy; appointment does not need confirmationb. Vacancy in the SC to be filled within 90 days from occurence thereofc. For lower courts, President shall issue appointment within 90 days from submission by the JBC from such list. Midnight appointment prohibition applies. 3. The Judicial and Bar Councila. Compositioni. Ex-officio members: CJ as Chair, Justice Secretary, representative from Congress

ii. Regular members: IBP representative, Law professor, retired SC justice, private sector representativeiii. Secretary ex-officio: SC clerk

b. Appointment: Regular members appointed by the President for a term of 4 years, with CoApp consent. SC determines emoluments.c. Powers/Functions: Recommend appointees to the Judiciary. Those assigned by the SCE. The Supreme Court1. Composition2. En Banc/Division Casesa. En banc

b. Division

3. Powersa. Original jurisdictionb. Appellate jurisdictionc. Temporary assignment of judges

d. Order change of venue

e. Rule-making power

f. Power of Appointmentg. Power of Administrative Supervisionh. Annual Report4. Consultations/SC Decisionsa. Conclusions submitted for decision shall be reached in consultation before the case is assigned to a member for writing the opinion. Certification to this effect issued by CJ. Reqt applicable to lower collegiate courts.b. Decision shall state clearly and distinctly the facts and the law on which it is basedc. No petition for review or MR shall be refused due course or denied without stating the legal basis thereforF. Tenure of Judges/Justices

1. Supreme Court2. Lower CourtsG. SalariesH. Periods for Decision

1. All cases filed after the effectivity of the Constitution must be decided or resolved, from date of submission, within:SC 24 months

Lower collegiate courts 12 monthsLower courts 3 months

In the last 2, SC may reduce + certification stating reason for delay 2. Despite expiration of the mandatory period, the court, without prejudice to such responsibility as may have been incurred in consequence thereof, shall decide or resolve the case or matter submitted to it without further delay3. Period merely directory, being procedural in natureXI. CONSTITUTIONAL COMMISSIONSA. General Provisions

1. The independent constitutional commissions are the CSC, COMELEC and COA2. Safeguards insuring the independence of the Commissions

a. They are constitutionally creates; may not be abolished by statuteb. Independentc. Conferred certain powers and functions which cannot be reduced by statuted. Chairmen and members cannot be removed, except by impeachmente. Chairmen and members given 7 year-termsf. Chairmen and members may not be reappointed or appointed in an acting capacityi. When an ad interim appointment is not confirmed, another ad interim appointment may be extended to the appointee without violating the Constitutiong. Salaries of the chair and members are relatively high and may not be decreased during officeh. Commissions enjoy fiscal autonomyi. Congress is not prohibited from reducing the appropriations of the ConComs below the amount appropriated for them for the previous yearj. May promulgate own procedural rules, provided, they do not diminish, increase or modify substantive rightsk. Chair and members subject to certain disqualifications calculated to strengthen their integrityl. May appoint their own officials and employees in accordance with Civil Service Law3. Inhibitions/Disqualificationsa. Not hold any other office or employment during tenureb. Not engage in the practice of any professionc. Not engage in the active management or control of any business which in any way may be affected by the functions of his officed. Not be financially interested in any contract with or in any franchise or privilege granted by the Government, any of its subdivisions, agencies or instrumentalities, including GOCCs or their subsidiaries4. Rotational Scheme of AppointmentsFirst appointees to serve 7,5,3 years resp. to prevent the possibility of one President appointing all the Commissioners.

Two conditions:

i. Terms if the first Commissioners should start on a common date

ii. Any vacancy due to death, disability or recognition before the expiration of the term should be filled only for the unexpired balance of the term5. Decisionsa. Majority vote, within 60 days from the date of submission for decision or resolutioni. All members, not limited to those who participated in the deliberations and voted therein ii. When Commissioners who participated in the deliberations retired before promulgation, their votes shall be considered withdrawn.iii. 60-day period; framers did not intend overly strict adherenceb. Any decision, order or ruling of each Commission may be brought to the SC on certiorari within 30 days from receipt of copyi. When SC reviews Comelec decision ~ extraordinary JD; proceeding limited to grave abuse; Rule 65 is the proper remedyii. Only when COA acts without or in excess of JD, or with grave abuse of discretion amounting to lack or excess of JD< may the court entertain a petition for certiorari under Rule 65iii. Final resolutions of the CSC shall be appealable by certiorari to the CA within 15 days from the receipt of a copy thereof. From the CA, 45 to SC.6. Enforcement of DecisionFinal decisions of the CSC are enforceable by a writ of execution that the CSC may itself issue.B. The Civil Service Commission1. CompositionChair + 2 Commissioners

natural-born 35 yo at time of appointment

proven capacity for pubad not a candidate for any elective position in the immediately preceding electionAppointed with the consent of the CoApp for 7 years without reappointment. 2. Constitutional Objectives/Functions- Central personnel agency

- Power to hear and decide admin cases instituted before it directly or on appeal, including contested appointments

- CSC has original JD to hear and decide a complaint for cheating in the CS exams it gave

- decisions of lower level officials appealed to agency head, then to CSC. RTC NO JD over personnel actions

3. Scope all BISA of the Govt, inc. GOCCs with original charters (chartered by special law)4. Classes of Servicea. Career Service entrance based on merit, or on highly techinical qualifications; opportunity for advancement to higher positions; security of tenure Open career positions qualification from exam Closed career positions scientific or highly techinical Career Executive Service Usec, Bureau directors Career Officers appointed by the President AFP Personnel of GOCCs with original charters Permanent laborersi. Career Executive Serviceii. Security of Tenure in CES, requisites:1. CES eligibility2. Appointment to the appropriate rank* A CES officer may be transferred or reassigned from one position to another without losing his rank which follows himb. Non-Career Service based on other than usual tests; tenure limited to period specified by law, or coterminus Elective officials, their personal and confidential staff Department heads, cabinet rank and their personal and confidential staff

Chair and members of Commissions with fixed term of office and their personal and confidential staff Contractual personnel Emergency and seasonal personnel

CSC empowered to declare positions in the Civil Service as primarily confidential5. Appointments in the Civil Service merit + competitive exams (xc. Policy determining, primarily confidential [proximity rule; close intimate relationship which ensures freedom of discussion], or highly technical positions as determined by the nature of the position)GR: A permanent appointment can issue only to a person who possesses all the requirements

XC: Where appointed merely in a temporary capacity for a period of 12 months to prevent a hiatus6. Disqualifications Loser, 1 year after elections Elective official City Mayor cannot be appointed Administrator of SBMA Appointive officials, any other office in the Govt...7. Security of TenureGR: No officer or employee of the civil service shall be removed or suspended except for cause provided by law

a. Non-compliance with the Civil Service Law constitutes denial of the right to security of tenurei. Presidential appointee under direct disciplinary of the President

ii. Uncontested transfer resulting in demotion in rank or salary is a violation of the security of tenureiii. Illegally dismissed employee ordered reinstated considered not having left his office entitled to backwages1. XC where reinstatement was not a result of exoneration but of liberality2. Payment of backwages during suspension of a civil servant who is subsequently reinstated only awarded when he is found innocent and the suspension is unjustified

iv. Security of tenure in Career Executive Service pertains only to rank, not to positionb. Valid abolition of office does not violate security of tenurei. Reorganization does not necessarily result in abolition of the office, and does not justify the replacement of permanent officers and employeesc. A career service officer unlawfully ousted from office only has 1 year to file an action in court to recover his office (otherwise, right prescribes)d. Summary dismissal under Civil Service Law:- repealede. Appellate JD of CSC- Merit System Protection Boardss decision in administrative disciplinary cases involving imposition of suspension, fine, demotion, transfer, removal or dismissal --- NOT over MSPB decisions exonerating the respondent- can be made only by the party affected by the MSPB decision

f. GR: He who, while occupying one office, accepts an incompatible office, ipso fact vacates the firt office and his title is terminated without any other act of proceedingi. Canonizado v. Aguirre: Removal by virtue of a constitutionally infirm act negates a finding of voluntary relinquishment8. Partisan Political Activitya. Applies also to militaryb. Exempt: Cabinet members, public officers and employees holding political offices9. Right to Self-Organization

a. Government employees not allowed to strike10. Protection to Temporary Employees11. Standardization of Compensation fixed by Congress12. Double Compensation13. Oath of AllegianceC. The COMELEC

1. Compositiona. Compositionb. En banc and division casesi. Cases heard and decided indivision:ii. Exceptionsiii. In election cases, Comelec division should hear first, provided exercises its adjudicatory or quasi-judicial functionsiv. Comelec decisions reviewable by SCc. Comelec en banc promulgates rules concerning pleadings and practice before it or any of its offices, but may not diminish, increase or modify substantive rights 2. Constitutional powers and functionsa. Enforce and administer all laws and regulations relative tot he conduct of an election, plebescite, initiative, referendum or recalli. Definitions1. Initiative2. Referendum3. Recall4. Plebesciteii. Broad powersiii. Regulatory poweriv. No pardon, amnesty, parole for violation of election laws granted by President without Comelec recommendationv. Comelec cannot exercise power of apportionment

vi. Power to declare failure of elections

vii. Petition to declare failure of elections, reqts:1. No voting taken place in the precinct on the date fixed by law, or even if there was voting, election resulted in failure to elect, and2. Votes cast would not affect the results of the electionviii. Comelec unauthorized to make an unofficial quick count of presidential election results

b. Exclusive original JD over all contests relating to the election, returns, qualifications of all elective regional, provincial, city officials. Exclusive appellate JD over all contests involving elective municipal officials decided by the RTC, or involving brgy. Officials decided by the MTC, and decisions therein shall be final, executory and unappealable.i. Exclusive JD over pre-proclamation cases. JD of the Electoral Tribunal is exercised over members of House or Senate, and a party to the election controversy is a member of the House or Senate only after he has been proclaimed, has taken his oath and assumed the functions of the office. ii. Comelec is without the power to partially or totally annul a proclamation or to suspend the effects of a proclamation without notice and hearingiii. Comelec has power to issue writs of prohibition, mandamus and certiorari in the exercise of its exclusive appellate JDiv. RTCs and MTCs cannot have JD over electoral cases involving elective brgy. Officials1. Appeal to Comelec from RTC must be filed within 5 days from receipt of decision. MR of RTC prohibited.2. Filing Notice of Appeal not enough, appeal fee must be paid to the Comelec. If fee not paid, Comelec can dismiss outright or wait for fee to be paid and give petition due course3. Comelec has authority to suspend reglementary periods provided by its rules

v. Comelec cannot deprive RTC of its competence to order execution of judgment pending appeal1. RTC may grant motion for execution pending appeal when there are valid and special reasons like:

public interest/will of electorate shortness of the remaining term length of time that election contest has been pending2. However, provision that allows execution pending appeal must be strictly construed against the movant. 3. Motion should be filed before expiration of the period for appeal

vi. Comelec has power to cite for contempt, but the power may be exercised only while it is engaged in the performance of quasi-judicial functionsvii. SC has power to review appellate final (not interlocutory) decisions of the Comelec c. Decide, save those involving the right to vote, all questions affecting elections, including determination of the number and location of polling places, appointment of election officials and inspectors, and registration of votersi. Changes in the location of polling places may be initiated by written petition of majority of the voters or by agreement of political parties, but Comelec has final say

ii. Comelec may decide a question involving the right to vote, but its decision shall be subject to judicial review

iii. Decisions/determinations made by Comelec in the exercise of its administrative power may be questioned in ordinary civil action before trial courtsd. Deputize, with the concurrence of the President, law enforcement agencies and instrumentalities for the exclusive purpose of ensuring free, orderly, honest, peaceful and credible elections- May recommend to the President the removal of any officer it has deputized, or the imposition of any other sanction, for disobedience, violation or disregard of its orders

e. Register, after sufficient publication, political parties, organizations or coalitions which must present their platform or program of government, accredit citizens armsi. Definitions

1. Political Party organized group of citizens advocating an ideology or platform, principles and policies for the general conduct of government

a. National party

b. Regional partyc. Sectoral party2. Sectoral organization group of citizens who share similar physical attributes or characteristics, employment, interests or concerns3. Coalition aggrupation of duly-registered national, regional, sectoral parties or organizations for political and or election purposeii. Groups which cannot be registered

1. Religious denominations or sects

2. Those who seek to achieve their goals through violent or unlawful means3. Those who refuse to uphold and adhere to the Constitution

4. Those supported by foreign governments

iii. Grounds for cancellation of registration1. (1) to (4) above2. It is a foreign party or organization3. It violates or fails to comply with laws, rules and regulations relating to elections4. Declares untruthful statements in its petition5. Has ceased to exist for at least one year6. Fails to participate in the last 2 preceding elections, or fails to obtain at least 2% of votes cast under the party-list system in the 2 preceding elections iv. Ang Bagong Bayani guidelines for registration1. The party must represent a marginalized or underrepresented sector or group identified in Sec. 5 of RA 79412. Major political parties must comply with the declared statutory policy of enabling Filipino citizens belonging to marginalized and underrepresented sectors to be elected to the House3. Religious sector may not be represented

4. Party not disqualified under Sec. 6 of RA 7941

5. Party must not be an adjunct of, or a project organized, or entity funded by the Government6. Party and its nominees must comply with the requirements of the law7. Nominees must represent marginalized and underrepresented8. Nominee must be able to contribute to the formulation and enactment of appropriate legislation which will benefit the nationf. File, upon a verified complaint, or on its own initiative, petitions in court for the inclusion or exclusion of voters; investigate and, where appropriate, prosecute cases of violations of election lawsi. Comelec may delegate to Provincial Fiscal the investigation and prosecution of violations f election laws

ii. Power includes authority to decide whether or not to appeal the dismissal of a criminal case by the trial court

g. Recommend to Congress effective measures to minimize election spending, including limitation of places where propaganda materials shall be posted, and to prevent and penalize all forms of election frauds, offenses, malpractice and nuisance candidates

h. Submit to the President and Congress a comprehensive report on the conduct of election, plebiscite, initiative, referendum or recall

3. Statutory powersa. Exercise supervision and control over officials required to perform duties relative to the conduct of electionsb. Promulgate rules and regulationsc. Punish contemptd. Inquire into financial records of candidates, groupse. Prescribe forms to be used in electionsf. Procure supplies and materials needed fo rthe electionsg. Enlist non-partisan groups to assist ith. Fix periods for pre-election requirementsi. Declare failure of election; call for special electionsi. Sitting en banc, majority voteii. Motu propio or upon verified petitioniii. Summary hearing4. Party System5. Election Period commences 90 days before the election and ends 30 days thereafter, unless otherwise fixed by the Comelec in special cases6. Judicial Review of Comelec decisions to SC via 65, 30 days from receipt of final order, ruling or decision of Comelec en bancD. The COA1. Composition/Appointmenta. Chair + 2 Commissioners. Natural-born. 35 yo. CPAs with not less than 10 years of auditing experience of members of the Philippine bar with at least 10 years practice of law. Not candidates in the election preceding. b. Appointed by the President with consent of the CoAppc. Term of 7 years without reappointment2. Powers and Dutiesa. Examine, audit and settle all accounts pertaining to the revenue and receipts of, and expenditures or uses of funds and property owed and held in trust or pertaining to the Governmentb. Keep general accounts of the Government, and preserve vouchers and supporting papers for such period provided by lawc. Authority to define the scope of its audit and examination, establish techniques and methods required thereofd. Promulgate accounting and auditing rules and regulations, including those for the prevention and disallowance of irregular, unnecessary, expensive, extravagant or unconscionable expenditures or uses of government funds or property3. Jurisdiction government entity or investment of public funds