Nachura - Notes - Consti 1 and 2
Nachura - Notes - Consti 1 and 2
Nachura - Notes - Consti 1 and 2
Kiddy
I. GENERAL PRINCIPLES
A. Political Law – branch of public law which deals with the organization and operations
of the governmental organs of the State and defines the relations of the State with the
inhabitants of its territory.
B. Scope/Division
1. Constitutional Law – study of the maintenance of the proper balance between
authority as represented by the 3 inherent powers of the State and liberty as
guaranteed by the Bill of Rights
2. Administrative Law – Fixes the organization of the government;
Determines the competence of the administrative
authorities who execute the law; and
Indicates to the individuals remedies for the violation of
his right.
3. Law on Municipal Corporations
4. Law of Public Officers
5. Election Law
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C. Amendment
1. Amendment – isolated or piecemeal change in the Constitution
Revision – revamp or rewriting of the entire instrument
2. Legislative Power – merely provides details for implementation
3. Steps
a. Proposal
- Congress, ¾ of ALL its members… understood as ¾ of Senate
and ¾ of HRs
- Constitutional Convention, called into existence by 2/3 a vote
of all the members of Congress with the question of whether or
not to call a convention to be resolved by the people in a
plebiscite
- People through Power of Initiative, petition of at least 12% of
the total number of registered voters, of which every legislative
district must be represented by at least 3% of the registered
voters therein power of the people to propose amendments to
the Constitution or to propose and enact legislation through an
election called for that purpose
Limitation: No amendment w/in 5 years
following the ratification of this Constitution
nor more than once every five years thereafter.
3 systems of initiative:
(1) Initiative on the Constitution
(2) Initiative on Statutes
(3) Initiative on Local Legislation
- Choice of method of proposal is within the full discretion of the
legislature
- 3 Theories on the position of a Constitutional Convention vis-à-
vis the regular departments of government
(1) Theory of Conventional Sovereignty
(2) Convention is inferior to other departments
(3) Independent of and co-equal to the other departments
b. Ratification
- Ratified by a majority of the votes cast in a plebiscite held not
earlier than 60 nor later than 90 days after the approval of the
proposal by Congress or the Constitutional Convention, or after
the certification by the COMELEC of the sufficiency of the
initiative.
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- A party’s standing in court is a procedural technicality which may be set aside by the
Court in view of the importance of the issues involved; paramount public
interest/transcendental importance
- “Present substantial interest” – such interest of a party in the subject matter of the
action as will entitle him under substantive law, to recover of the evidence is
sufficient, or that he has a legal title to defend and the defendant will be protected in
payment to or recovery from him.
- A taxpayer, or group of taxpayers, is a proper party to question the validity of a law
appropriating public funds.
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Government is an instrumentality of the State through which the will of the State is
implemented and realized.
Elements:
(1) People
(2) Territory
Components:
1) Terrestrial
2) Fluvial
3) Maritime
4) Aerial
(3) Government
(4) Sovereignty
Archipelago Doctrine: 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.
Straight Baseline Method: Imaginary straight lines are drawn joining the outermost points
of outermost islands of the archipelago, enclosing an area the ratio of which should not be
more than 9:1; provided that the drawing of the baselines shall not depart, to any
appreciable extent, from the general configuration of the archipelago.
Doctrine of Parens Patriae: parents of the people; the Government may act as guardian of
the rights of the people who may be disadvantaged or suffering from some disability or
misfortune.
Classification
(1) De jure
De facto – Kinds
1) Takes possession or control of, or usurps, by force or by the voice of the
majority, the rightful legal government and maintains itself against the will
of the latter;
2) Established by the inhabitants of a territory who rise in insurrection
against the parent state; and
3) Established by invading forces of an enemy who occupy a territory in the
course of war (de facto government of paramount force).
(2) Presidential – separation of executive and legislative powers
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Characteristics:
1) Permanence
2) Exclusiveness
3) Comprehensiveness
4) Absoluteness
5) Indivisibility
6) Inalienability
7) Imprescriptibility
Jurisdiction
Territorial: power of the State over persons and things within its territory.
Exemption:
(1) Foreign states, head of states, diplomatic representatives and
consuls to a certain degree;
(2) Foreign state property, including embassies, consulates and
public vessels engaged in non-commercial activities;
(3) Acts of state
(4) Foreign merchant vessels exercising the rights of innocent
passage or involuntary entry such as arrival under stress
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Personal: power of the State over its nationals, which may be exercised by
the State even of the individual is outside the territory of the State.
State Immunity from Suit: The State cannot be sued without its consent.
Royal Prerogative of Dishonesty: There can be no legal right against the
authority which makes the law on which the right depends. It may be sued
if its gives consent.
Par in parem non habet imperium: Immunity is enjoyed by other States.
The Head of the State, who is deemed the personification of the State, is
inviolable and enjoys immunity.
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Suit Against Public Officers: The doctrine of state immunity also applies to complaints
filed against officials of the State for acts performed by them in the discharge of their
duties within the scope of their authority.
Exceptions: (may be sued without prior consent from State)
1. to compel him to do an act required by law;
2. to restrain him from enforcing an act claimed to be unconstitutional;
3. to compel the payment of damages from an already appropriated assurance
fund or to refund tax over-payments from a fund already available for the
purpose;
4. to secure a judgment that the officer impleaded may satisfy by himself
without the State having to do a positive act to assist him;
5. where government itself has violated its own laws, because the doctrine of
state immunity “cannot be used to perpetrate an injustice”
Where a public officer has committed an ultra vires act, or there is a showing of bad faith,
malice or gross negligence, then the officer can be held personally accountable.
In order that suit may lie against the state, there must be consent. Where no consent is
shown, state immunity from suit may be invoked as a defense by the courts sua sponte at
any stage of the proceedings.
Express consent: general law or special law
Implied consent
1. state commences a litigation
2. state enters into a business contract
Scope of consent: consent to be sued does not include consent to the execution of
judgment against it. Such execution will require another waiver.
Suability is not equated with outright liability. Liability will have to be determined by the
court on the basis of the evidence and the applicable law.
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3. Power of Taxation
Similarities
1. inherent in the state, without need of express constitutional grant
2. necessary and indispensable
3. methods by which the state interferes with private property
4. presupposes equivalent compensation
5. exercised primarily by legislature
Distinctions
1. Police power regulates liberty and property
Eminent domain and taxation affects only property rights
2. Police power and taxation are exercised only by government
Eminent domain may be exercised by private entities
3. Property taken in police power is usually noxious or intended for noxious
purposes and may be destroyed
In eminent domain and taxation, the property is wholesome and devoted to public
use/purpose.
4. Compensation in police power is the intangible, altruistic feeling that the
individual has contributed to the public good;
In eminent domain, it is the full and fair equivalent of the property taken;
In taxation, it is the protection given and/or public improvements instituted by
government for taxes paid.
Limitations
1. Bill of Rights
2. Courts may annul improvident exercise of police power
Police Power
Power of promoting public welfare by restraining and regulating the use of
liberty and property.
Most pervasive, least limitable and most demanding of the three powers.
Justification: salus populi est suprema lex and sic utere tuo ut alienum non
laedas
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Jurisdiction
RTC
Requisites
(1) Necessity
(2) Private Property, except money and choses in action
(3) Taking in the constitutional sense
(4) Public use
(5) Just Compensation – full and fair equivalent of the property taken; fair
market value of the property
Judicial Prerogative
Ascertainment of what constitutes just compensation for property taken in
eminent domain cases is a judicial prerogative.
Form of Compensation
Paid in money and no other form.
In agrarian reform, payment is allowed to be made partly in bonds because
under the CARP, “we do not deal with the traditional exercise of the power
of eminent domain; we deal with a revolutionary kind of expropriation.”
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The plaintiff’s right to dismiss the complaint has always been subject to Court
approval and to certain conditions, because the landowner may have already
suffered damages at the start of the taking.
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Power of Taxation
Double taxation
Additional taxes are laid on the same subject by the same taxing
jurisdiction during the same taxing period and for the same purpose.
Tax Exemptions
No law granting tax exemption shall be passed without the concurrence of
a majority of all the Members of Congress.
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 exempt
Revenues and assets of non-stock, non-profit educational institutions used
actually, directly and exclusively for educational purposes exempt
Proprietary educational institutions may be exempt subject to
limitations provided by law
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Preamble
Does not confer rights nor impose duties
Indicates authorship of the Constitution
Enumerates the primary aims and aspirations of the framers
Serves as an aid in the construction of the Constitution
Republicanism
The Philippines is a democratic and republican state. Sovereignty resides
in the people and all government authority emanates from them.
Essential features
(1) Representation
(2) Renovation
Manifestations
(1) Government of law and not of men
(2) Rule of majority
(3) Accountability of public officials
(4) Bill of rights
(5) Legislature cannot pass irrepealable laws
(6) Separation of powers
Purpose
To prevent 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 republican institutions.
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A purely justiciable question implies a given right, legally demandable and enforceable,
an act or omission violative of such right, and a remedy granted and sanctioned by law
for said breach of right.
Political question is a question of policy. It refers to those questions which, under the
Constitution, are to be decided by the people in their sovereign capacity, or in regard to
which full discretionary authority has been delegated to the legislative or executive
branch of government. It is concerned with issues dependent upon wisdom, not legality
of particular measure.
Delegation of powers
Potestas delegate non potest delegare
Delegated power constitutes not only a right but a duty to be performed by
the delegate through the instrumentality of his own judgment and not
through the intervening mind of another.
Permissible delegation
(1) Tariff powers to the president
(2) Emergency powers to the president (in times of war or national
emergency)
(3) Delegation to the people – specific provisions where the people have
reserved to themselves the function of legislation
Referendum: power of the electorate to approve or reject
legislation through an election called for the purpose;
referendum on statutes and referendum on local law
Plebiscite: electoral process by which an initiative on the
Constitution is approved or rejected by the people.
(4) Delegation to LGUs
(5) Delegation to Administrative Bodies – power of subordinate
legislation
Tests for valid delegation
(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
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Civilian Supremacy
Civilian authority is, at all times supreme over the military. The AFP is the
protector of the people and the State. Its goal is to secure the sovereignty
pf the State and integrity of the national territory.
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Exceptions
(1) Section 28(3), Article 6: Exemption from taxation
(2) Section 29(2), Article 6: Prohibition against sectarian benefit, except when
priest is assigned to the armed forces or to any penal institution or
government orphanage or leprosarium
(3) Section 3(3), Article 14: Optional religious instruction for public
elementary and high school studies
(4) Section 4(2), Article 14: Filipino ownership requirement to educational
institutions, except those established by groups and mission boards
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Protection to Labor
State affirms labor as a primary social economic force. It shall protect the
rights or workers and promote their welfare.
Land reform
State shall promote comprehensive rural development and agrarian
reform.
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Definition
Set of prescriptions setting forth the fundamental civil and political rights
of the individual, and imposing limitations on the powers of government.
Generally, any government action in violation of the Bill of Rights is void.
Generally self-executing.
Civil Rights
Right that belong to every citizen of the state or country and are not
connected with the organization or administration of government.
Political Rights
Right to participate, directly or indirectly, in the establishment or
administration of government.
Due Process of Law: No person shall be deprived of life, liberty or property without due
process of law
Definition
A law which hears before it condemns, which proceeds upon inquiry and
renders judgment only after trial.
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Liberty: the right to exist and the right to be free from arbitrary personal
restraint or servitude; includes the right to be free to use his faculties in all
lawful ways
Property: anything that can come under the right of ownership and can be
subject of contract; the right to secure, use and dispose them.
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Scope of Equality
Economic
(1) Free access to courts
(2) Marine wealth reserved for Filipino citizens
(3) Reduction of social, economic and political inequalities
Political
(1) Free access to courts
(2) Bona fide candidates being free from harassment/discrimination
(3) Reduction of social, economic and political inequalities
Social
Valid Classification
(1) Substantial distinctions
(2) Germane to the purpose of the law
(3) Not limited to existing conditions only
(4) Must apply equally to all members of the same class
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Procedural Rules
1. warrantless arrest is not a jurisdictional defect and any objection thereto is
waived when the person arrested submits to arraignment without any
objection;
2. where a criminal case is pending, the Court wherein it is filed, or the
assigned branch, has primary jurisdiction to issue the search warrant;
3. where no criminal case has been filed, the executive judges or their lawful
substitutes, in the areas and for the offense contemplated shall have
primary jurisdiction;
4. moment the information is filed with the RTC, it is that court which must
issue the warrant of arrest;
5. the judge may order the quashal of a warrant he issued even after the same
had already been implemented, particularly when such quashal is based on
the finding that there is no offense committed items seized shall be
inadmissible in evidence
Principles:
(1) The determination of probable cause is a function of the judge
(2) The preliminary inquiry made by the prosecutor does not bind the judge, as it is
the report, affidavits, the transcript of stenographic notes and all other supporting
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documents behind the prosecutor’s certification which are material in assisting the
judge in his determination of probable cause
(3) Judges and prosecutors should distinguish the preliminary inquiry which
determines probable cause for the issuance of the warrant of arrest from the
preliminary investigation proper which ascertains whether the offender should be
held for trial or be released
(4) Only a judge may issue a warrant of arrest
Judge himself conducts the preliminary investigation, for him to issue a warrant of arrest,
the investigating judge must:
(1) Have examined, under oath, the complainant and the witnesses;
(2) Be satisfied that there is probable cause; and
(3) That there is a need to place the respondent under immediate custody in order not
to frustrate the ends of justice
Particularity of Description:
(1) Readily identify the properties to be seized and thus prevent them from seizing
the wrong items; and
(2) Leave peace officers with no discretion regarding the articles to be seized and thus
prevent unreasonable searches and seizures.
Warrant of Arrest particularly describe the person to be seized if it contains the name/s
of the person/s to be seized.
John Doe warrant descriptio persona
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(3) When the person to be arrested is a prisoner who has escaped from a penal
establishment 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 another; and
(4) When the right is voluntarily waived.
In flagrante arrests:
(1) The person to be arrested must execute an overt act indicating that he had just
committed, is actually committing, or is attempting to commit a crime; and
(2) Such overt act is done in the presence or within the view of the arresting officer.
In (2):
(1) there must be immediacy between the time the offense is committed and the time
of the arrest. If there was an appreciable lapse of time between the arrest and the
commission of the crime, a warrant of arrest must be secured and
(2) the person making the arrest has personal knowledge of certain facts indicating
that the person to be taken into custody has committed the crime.
Question the validity of the arrest before entering plea; failure to do so would constitute a
waiver of his right against unlawful restraint of his liberty. However, waiver is limited to
the illegal arrest. It does not extend to the search made as an incident thereto, or to the
subsequent seizure if evidence allegedly found during the search.
Warrantless Searches
(1) When the right is voluntarily waived;
(2) When there is a valid reason to “stop-and-frisk”;
(3) Where the search (and seizure) is an incident to a lawful arrest;
(4) Search of vessels and aircrafts;
(5) Search of moving vehicles;
(6) Inspection of buildings and other premises for the enforcement of fire, sanitary
and building regulations;
(7) Where prohibited articles are in plain view;
(8) Search and seizure under exigent and emergency circumstances; and
(9) Conduct of areal target zoning or saturation drive/s as valid exercise of military
powers of the President (Guanzon vs. de Villa)
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(2) application for a search and seizure warrant obtained from a judge (who shall
determine the existence of probable cause);
(3) material confiscated brought to the court in the prosecution of the accused for the
crime charged;
(4) court will determine whether the confiscated items are really pornographic; and
(5) judgment of acquittal or conviction rendered by the court accordingly
Fishing vessel found to be violating fishery laws may be seized without a warrant:
(1) usually equipped with powerful motors that enable them to elude pursuit and
(2) seizure would be incident to a lawful arrest
Checkpoint Search
(1) Mere routine inspection: the search is normally permissible when it is limited to a
mere visual search, where the occupants are not subjected to a physical or body
search.
(2) Extensive search: constitutionally permissible if the officers conducting the search
had reasonable or probable cause to believe, before the search, that either the
motorist is a law offender or they will find the instrumentality or evidence
pertaining to a crime in the vehicle to be searched.
Inspection of buildings and other premises for the enforcement of fire, sanitary and
building regulations
- Exercise of police power of the State
- Must be conducted during reasonable hours
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(2) Evidence was inadvertently discovered by the police who have the right
to be where they are;
(3) Evidence must be immediately apparent; and
(4) “Plain view” justified the seizure of the evidence without any further
search.
Plain View
- Object is plainly exposed to sight.
- Where the object seized is inside a closed package, the object is not in plain view
and, therefore, cannot be seized without a warrant.
- Package proclaims its contents transparency, distinctive configuration or
contents are obvious to an observer.
- People vs. Salanguit: once the valid portion of the search warrant has been
executed, the “plain view” doctrine can no longer provide any basis for admitting
the other items subsequently found… (marijuana was also wrapped in newspaper
which was not transparent….warrant for shabu and drug paraphernalia, found the
shabu first)
- Doctrine is not an exception to the warrant. It serves to supplement the prior
justification. It is a recognition that of the fact that when executing police officers
come across immediately incriminating evidence not covered by the warrant, they
should not be required to close their eyes to it, regardless of whether it is evidence
of the crime they are investigating or evidence of some other crime. It would be
needless to require the police to obtain another warrant.
Inviolability
- Exceptions:
(1) Lawful order of the court;
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Freedom of Expression
- No law shall be passed abridging the freedom of speech, of expression nor of the
press, or the right of the people peaceably to assemble and petition the
government for redress of grievances.
- Scope: Any and all modes of expression.
Aspects:
(1) Freedom from censorship or prior restraint
- Need not be total suppression, even restriction of circulation
constitutes censorship.
- Section 11 (b), RA 66461: legitimate exercise of the police power
of the State to regulate media or communication and information
for the purpose of ensuring equal opportunity, time and space for
political campaigns. Unrelated to suppression of speech as it is
only incidental and no more than is necessary to achieve the
purpose of achieving the purpose of promoting equality.
- Movie censorship: movie, compared to other media of expression,
have a greater capacity for evil and must, therefore, be subjected to
a greater degree of regulation.
- Power of MTRCB can be exercised only for purposes of
“classification” not censorship.
- Primacy of freedom of expression over Enrile’s “right to
privacy” because Enrile was a “public figure” and a public
figure’s right to privacy is narrower than that of an ordinary
citizen. (Ayer Productions vs. Judge Capulong)
- Board of Review for Motion Pictures and Television
(BRMPT) “X-rating” when the program would create a
clear and present danger of an evil which the State has the
right to prevent. (Inglesi ni Cristo vs. CA)
- No law prohibiting the holding and reporting of exit poll.
(ABS-CBN Broadcasting Corporation vs. COMELEC)
- Test for the validity of government regulation, valid if (O’Brien
Test):
1. within the constitutional power of government;
2. furthers an important or substantial government
interest;
1
Prohibited any person making use of the media to sell or to give free of charge print space or air time for
campaign or other political purposes except to the COMELEC.
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2. auspice test
Freedom of Religion
- No law shall be made respecting an establishment of religion or prohibiting the
free exercise thereof.
- The free exercise and enjoyment of religious profession and worship, without
discrimination or preference, shall forever be allowed. No religious test shall be
required for the exercise of civil or political rights.
- 2 guarantees:
1. non-establishment clause
2. freedom of religious profession and worship
- Non-establishment clause: separation of Church and State
1. cannot be registered as a political party;
2. no sectoral representative from the religious sector; and
3. prohibition against the use of public money or property for the benefit of any
religion, or of any priest, minister or ecclesiastic.
- Exceptions:
1. exception from taxation of properties actually, directly and exclusively used
for religious purposes;
2. citizenship requirement of ownership of educational institutions, except those
established by religious groups and mission boards;
3. optional religious instruction in public elementary and high schools
expressed in writing by the parents/guardians, taught within regular class
hours; and without additional costs on the Government; and
4. appropriation allowed where the minister or ecclesiastic is employed in the
armed forces, penal institution or in the government-owned orphanage or
leprosarium.
- Scope:
1. State cannot set up a Church
2. nor pass laws which aid one religion, aid all religion or prefer one over
another;
3. nor force nor influence a person to go to or remain away from church against
his will;
4. or force him to profess a belief or disbelief in any religion.
- The term “Non-Christian tribes” does not refer to religious belief but to degree of
civilization. (People vs. Cayat)
- Laws, e.g. Article 133 of the RPC, do not violate freedom of religion.
- Freedom of religion is accorded preferred status, designed to protect the broadest
possible liberty of conscience, to allow each man to believe as his conscience
directs, to profess his beliefs and to live as he believes he ought to live, consistent
with liberty of others and with the common good.
- Intramural religious disputes:
Where a civil right depends upon some matter pertaining to
ecclesiastical affairs, the civil tribunal tries the civil right and
nothing more.
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- The liberty of abode and of changing the same within the limits prescribed by law
shall not be impaired except upon lawful order of the court.
- Neither shall the right to travel be impaired except in the interest of national
security, public safety or public health, as may be provided by law.
- Limitations:
1) On liberty of abode: lawful order of the court
Caunca vs. Salazar: maid has the right to transfer to another
residence even if she had not yet paid the amount advanced for her
transportation from the province by an employment agency;
Rubi vs. Provincial Board of Mindoro: requiring some members of
the non-Christian tribes to reside only within a reservation, valid…
to promote their better education, advancement and protection.
Universal Declaration of Human Rights: everyone has the right to
leave any country, including his own and to return to his country.
Covenant on Civil and Political Rights: no one shall be arbitrarily
deprived of the right to enter his own country.
2) On right to travel: national security, public safety or public health, as may
be provided by law
- Lawful order of the court is a valid restriction.
- Court may validly refuse to grant the accused permission to travel
abroad, even if the accused in out on bail. (Manotoc vs. CA)
- Liberty of travel may be impaired even without court order, the
appropriate executive officers or administrative authorities are not
armed with arbitrary discretion to impose limitations.
- Principles:
1) The Hold-departure Order is but an exercise of the court’s
inherent power to preserve and maintain the effectiveness of its
jurisdiction over the case and over the person of the accused;
2) By posting bail, the accused holds himself amenable at all
times to the orders and processes of the court, thus, she may be
legally prohibited from leaving the country during the
pendency of the case; and
3) Parties with pending cases should apply for permission to leave
the country from the very same courts which, in the first
instance, are in the best position to pass upon such applications
and to impose appropriate conditions therefore, since they are
conversant with the facts of the cases and the ramifications or
implications thereof.
- The persons right to travel is subject to the usual constraints
imposed by the very necessity of safeguarding the system of
justice. Whether the accused should be permitted to leave the
country for humanitarian reasons is a matter addressed to the
court’s discretion.
Right to Information
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Anti-Subversion Act
Managerial employees: receive information that is not only confidential
but also generally not available to the public.
Non-impairment Clause
- No law impairing the obligation of contracts shall be passed.
- To fall within the prohibition, the change must not only impair the obligation of
the existing contract, but the impairment must be substantial.
- Change in the rights of the parties with reference to each other and not with
respect to non-parties.
- Impairment: anything that diminishes the efficacy of the contract
- Substantial impairment when the law changes either
1) Time of performance
2) Mode of performance
3) Imposes new conditions
4) Dispenses with those expressed
5) Authorizes for its satisfaction something different from that provided in its
terms
- Limitations:
1) Police power – public welfare is superior to private rights
2) Eminent domain
3) Taxation
- Franchises, privileges, licenses, etc do not come within the context of the
provision
Subject to amendment alteration, or repeal by the Congress when common
good so requires.
Miranda Doctrine
- Any person under investigation for the commission of an offense shall have
The right to be informed of his right to remain silent and
To have competent and independent counsel preferably of his own choice.
- If the person cannot afford the services of counsel, he must be provided with one.
- These rights cannot be waived, except
In writing and
In the presence of the counsel.
- No torture, force, violence, threat, intimidation or any other means which vitiate
the free will shall be used against him.
- Secret detention places, solitary, incommunicado, or other similar forms of
detention are prohibited.
- Any confession or admission obtained in violation of this or Section 17 shall be
inadmissible in evidence against him.
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- The law shall provide for penal and civil sanctions for violations of this section,
as well as compensation to and rehabilitation of victims of torture or similar
practices, and their families.
- Rights are available only during custodial investigation.
Custodial investigation or in-custody interrogation of accused person: any
questioning initiated by law enforcement officers after a person has been taken
into custody or otherwise deprived of his freedom of action in any significant
way.
Investigation ceases to be a general inquiry into an unsolved crime and
direction is aimed upon a particular suspect who has been taken into custody
and to whom the police would then direct interrogatory questions which tend
to elicit incriminating statements.
- Does not apply to spontaneous statement5s.
- Does not apply to admissions/confessions made by a suspect before he was placed
under custodial investigation.
- Custodial investigation includes the practice of issuing an “invitation” to a person
who is investigated in connection with an offense he is suspected to have
committed, without prejudice to the liability of the inviting officer for any
violation.
- Police Line-up
Not considered part of custodial investigation because it is conducted before
that stage of investigation is reached.
Process has not yet shifted from the investigatory to the accusatory stage.
- People vs. Escordial
Out-of-court identification may be made in a “show-up” (where the accused is
brought face to face with the witness for identification) or in a police line-up
(where the suspect is identified by a witness from a group of persons gathered
for that purpose).
During custodial investigation, these have been described as “critical
confrontations of the accused by the prosecution” necessitating the presence
of counsel. This is because the result of these pre-trial proceedings might well
settle the fate of the accused and reduce the trial to a mere formality.
Merely photographed or paraffin test, not yet under custodial investigation.
- Investigations not considered as custodial interrogations.
- Arrested person signs a booking sheer and an arrest report at the police station, he
does not admit the commission of an offense nor confess to any incriminating
circumstance. Said booking sheet is merely a statement of how the arrest was
made and has no probative value as an EJ statement of the person detained.
- Rights guaranteed by this provision refers only to testimonial compulsion.
- What rights are available
1) To remain silent;
No adverse inference from his refusal to answer.
2) To competent and independent counsel (preferably of his own
choice; at all stages of the proceeding);
Attaches upon the start of the investigation;
Lawyer should never prevent a person from telling the truth.
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Right to Bail
- All persons except those charged with an offense punishable by RP, when
evidence of guilt is strong, shall before conviction be bailable by sufficient
sureties or be released on recognizance as may be provided by law.
- The right to bail shall not be impaired even when the privilege of the writ of
habeas corpus is suspended.
- Excessive bail shall not be required.
- Bail: is the security given for the release of a person in custody of the law,
furnished by him or a bondsman, conditioned upon his appearance before any
court as may be required.
- Any person under detention, even if no formal charge have yet been field, can
invoke the right to bail.
- When bail is authorized, it should be granted before arraignment, otherwise, the
accused may be precluded from filing a motion to quash.
- Exceptions:
1. when charged with an offense punishable by RP (or higher) and evidence
of guilt is strong
2. traditionally, not available to military
- Duty of the Court when accused is charged with an offense punishable by RP or
higher.
Hearing on the motion for bail must be conducted by the judge.
Prosecution must be given an opportunity to present all the evidences.
Applicant having right of cross-examination and to introduce evidence in
rebuttal.
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- Right to be heard by himself and counsel: efficient and truly decisive legal
assistance.
Proceeds from fundamental principle of due process.
Right to counsel during the trial is not subject to waiver because even
the most intelligent or educated man may have no skill in the science
of law, particularly in the rules of procedure, and without counsel. He
may be convicted not because he is guilty but because he does not
know how to establish his innocence.
Failure of the record to disclose affirmatively that the TC advised the
accused of his right to counsel is not sufficient ground to reverse
conviction. The TC must be presumed to have complied with the
procedure prescribed by law for the hearing and trial of the cases, and
such presumption can be overcome only by an affirmative showing to
the contrary.
- Right to counsel is not indispensable to due process of law.
Exceptions: cannot be waived during trial.
But this is not absolute. Option cannot be used to sanction reprehensible
dilatory tactics, to trifle with ROC, or prejudice the equally important rights of
the State and the offended party to speedy and adequate justice.
- “Preference in the choice of counsel” pertains more aptly and specifically to a
person under custodial investigation rather than one who is accused in a criminal
prosecution. Such preferential discretion cannot partake of discretion so absolute
and arbitrary as would make the choice of counsel refer exclusively to the
prediction of the accused.
- General Rule: a client is bound by the mistakes of his lawyer
Exceptions: when the negligence or incompetence of counsel is deemed gross
as to have prejudiced the constitutional right of the accused to be heard.
- Right to be informed of the nature and cause of accusation against him.
Reasons:
1. furnish the accused with such a description of the charge against him
as will enable him to prepare for his defense;
2. avail himself of his conviction or acquittal for protection against a
further prosecution for the same cause; and
3. to inform the Court of the facts alleged, so that it may decide whether
they are sufficient in law to support a conviction.
- When a judge is informed or discovers that an accused is apparently in a condition
of insanity or imbecility, it is within his discretion to investigate the matter.
- Requisites: The information must state:
1. name of the accused
2. designation of the offense given by statute
3. statement of acts or omissions so complained of as constituting the offense
4. name of the offended party
5. approximate time and date of the commission of the offense
6. place where the offense has been committed
7. facts and circumstances that have a bearing on the culpability and liability of
the accused
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Habeas Corpus
- The privilege of the writ of habeas corpus shall not be suspended except in cases
of invasion or rebellion when public safety requires it.
- Definition: a writ issued by a court directed to a person detaining another,
commanding him to produce the body of the prisoner at a designated time and
place, with the day and cause of his caption/detention, to do, to submit to and to
receive whatever the court/judge awarding the writ shall consider in his behalf.
- When available: restores the liberty of an individual subjected to physical
restraint. It secures to the prisoner the right to have the cause of his detention
examined and determined by the courts; and to have the issue ascertained as to
whether he is held under lawful authority.
- May also be availed of where, as a consequence of a judicial proceeding:
1. there has been deprivation of constitutional rights
2. the court has no jurisdiction to impose the sentence
3. excessive penalty has been imposed, since such sentence is void as to the
excess.
- The writ will not issue where the person alleged to be restrained on liberty is in
the custody of an officer under a process issued by the court which has
jurisdiction to do so.
- Even if the detention is at its inception illegal, supervening events such as the
issuance of a judicial process, may prevent the discharge of the detained person.
- That the preliminary investigation was invalid and that the offense had already
prescribed is not a ground to grant the issuance of habeas corpus.
Remedy: motion to quash the WOA or file a motion to quash the
information based on prescription.
- Desaparecidos (disappeared persons), persons in whose behalf the writ was issued
could not be found Remedy: refer the matter to the Commission on Human
Rights
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In case of doubt, the burden of proof rests on the officers who detained
them and who claim to have effected the release of the detainees.
- All courts of competent jurisdiction may entertain petitions for HC to consider the
release of petitioners convicted of violation of the Dangerous Drugs Act, provided
they have served the maximum term of the applicable penalties newly prescribed
by RA 7659.
- HC lies only where the restraint of the person’s liberty has been judicially
adjudged to be illegal or unlawful.
- Loss of judicial records, after 12 years of detention in the service of the sentence
imposed upon conviction, will not entitle him to be released on HC. Remedy:
reconstitution of judicial records.
- Have to comply with the writ. Disobedience constitutes contempt of court.
- In case of invasion or rebellion, when the public safety requires it, the President
may for a period not exceeding 60 days, suspend the privilege of the writ of HC.
- W/in 48 hours from the suspension, the President shall submit a report, in person
or in writing, to Congress.
- Congress, voting jointly by a majority vote of at least a majority of all its
members in regular or special session may revoke such proclamation or
suspension, such revocation shall not be set aside by the President.
- Upon initiative of the President, the Congress may, in the same manner, extend
such proclamation or suspension for a period to be determined by Congress, if the
invasion or rebellion shall persists and public safety requires it.
- SC may review, in appropriate proceeding filed by any citizen, the sufficiency of
the factual basis for the proclamation of martial law and the suspension of the
privilege of the HC or the extension thereof.
- SC must promulgate its decision w/in 30 days from filing.
- The suspension of the privilege of the writ shall apply only to persons charged for
rebellion or offenses inherent in or directly connected with invasion.
- During the suspension of the privilege of the writ, any person thus arrested or
detained shall be judicially charged within 3 days, otherwise he shall be released.
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- Unlike right to speedy trial, this right is available not only during trial but also
when the case has already been submitted for decision.
- Right extends to all citizens, including those in the military, and covers the period
before, during and after trial.
- Right can be waived failure to seasonably assert this right.
Self-incrimination
- No person shall be compelled to be a witness against himself.
- Right is available not only in criminal prosecutions but also in all other
government proceedings, including civil actions and administrative or legislative
investigations.
- It may be claimed not only by the accused but also by any witness to whom a
question calling for an incriminating answer is addressed.
- General Rule: it may be invoked only when and as the question calling for an
incriminating answer is asked. This applies only to ordinary witness.
In criminal prosecution accused may not be compelled to take the witness
stand.
Similarly applicable to a respondent in an administrative proceeding.
- Scope: not against all compulsion, but testimonial compulsion only. (not the
inclusion of his body in evidence when it may be material)
Prohibition extends to the compulsion for the production of documents,
papers and chattels that may be used as evidence against the witness,
except where the State has a right to inspect the same such as the books of
accounts of corporations, under the police or taxing power or where a
government official is required to produce official documents/public
records which are in their possession.
Also protects the accused against any attempt to compel him to furnish a
specimen of his handwriting in connection with a prosecution for
falsification.
- Immunity:
1) Transactional Immunity: witness immune from any criminal prosecution for
an offense to which his compelled testimony relates.
2) Use and Fruit Immunity: prohibits the use of the witness’ compelled testimony
and its fruits in any manner in connection with the criminal prosecution of the
witness.
- Those granted this privilege paid a high price – the surrender of their right to
remain silent. Should be given a liberal interpretation.
- Waiver: either directly or by failure to invoke it, provided that the waiver is
certain and unequivocal and intelligently made.
Involuntary Servitude
- No involuntary servitude in any form exist except as a punishment for a crime
whereof the party shall have been duly convicted.
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- Exceptions:
1) Punishment for a crime whereof one has been duly convicted;
2) Patria potestas
3) Posse comitatus
4) Return to work order in industries affected by public interest
5) Service in defense of the state
6) Naval (merchant marine) enlistment
Prohibited Punishment
- Excessive fines shall not be imposed.
- Nor cruel, degrading or inhuman punishment inflicted.
- Neither shall death penalty be imposed, unless for compelling reasons involving
heinous crimes, the Congress hereafter provides for it.
- Any death penalty already imposed shall be reduced to RP.
- The employment of physical, psychological or degrading punishment against any
prisoner or detainee, or the use of substandard or inadequate penal facilities under
subhuman conditions shall be dealt with by law.
- Mere severity does not constitute cruel or unusual punishment.
- The penalty must be flagrantly and plainly oppressive, wholly disproportionate to
the nature of the offense as to shock the moral sense of the community.
- Death penalty is not a cruel or unusual punishment. It is an exercise of the State’s
power to secure society against the threatened and actual evil.
Automatic review in death penalty cases shall proceed even in the absence of the
accused, considering that nothing less than life is at stake and any court decision
must be error-free as possible.
Double Jeopardy
- No person shall be twice put in jeopardy of punishment for the same offense.
- If an act is punished by law and an ordinance, conviction or acquittal under either
shall constitute a bar to another prosecution for the same act.
- Requisites:
1. valid complaint or information
does not attach in preliminary investigation.
2. filed before a competent court
mistake has been made in charging the proper offense, the first
charge shall be dismissed to pave the way for the filing of the
proper offense. The dismissal of the first case will not give rise to
double jeopardy inasmuch as the court does not have jurisdiction
over the case,
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VII. CITIZENSHIP
- Definition: membership in a political community which is personal and more or
less permanent in character.
- Nationality is membership in any class or form of political community. It does not
necessarily include the right/privilege of exercising civil or political rights.
- Modes of acquiring:
1) Marriage
2) Birth
- Jus soli
- Jus sanguinis
3) Naturalization
- Natural-born citizens – citizens of the Philippines from birth without having to
perform any act to acquire or perfect their Philippine citizenship.
- Marriage by Filipino to an alien – citizens of the Philippines who marry aliens
shall retain their citizenship, unless by their act or omission they are deemed,
under the law, to have renounced it.
- Dual allegiance of citizens is inimical to the national interest and shall be dealt
with by law.
- Dual citizenship as a disqualification under the LGC must refer to dual allegiance.
- For candidates with dual citizenship, it is sufficient that they elect Philippine
citizenship upon the filing of their certificate of candidacy to terminate their status
as persons with dual citizenship.
Filing of certificate of candidacy is sufficient to renounce foreign citizenship.
- Attack on one’s citizenship may be made only through a direct and not collateral
attack.
- Doctrine of res judicata does not ordinarily apply to questions of citizenship.
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Exception:
1) Person’s citizenship is resolved by a court or an administrative body as
a material issue in the controversy, after full-blown hearing
2) Active participation of the SolGen or his representative
3) Finding of citizenship is affirmed by the SC
- Citizens of the Philippines
1) Citizens of the Philippines at the time of the adoption of the 1987 Constitution
2) Whose fathers or mothers are citizens of the Philippines
3) Born before January 17, 1973, of Filipino mothers, who elect Philippines
citizenship upon reaching the age of majority
Election stated in a statement to be signed and sworn to by the party
concerned before any official authorized to administer oath.
Filed with the nearest Civil Registry
Accompanied with the Oath of Allegiance to the Constitution and the
Government
Within 3 years from reaching the age of majority except when there is
justifiable reason for delay.
Doctrine of Implied Election – exercise of right of suffrage and
participation in the election exercises
Right is available to the child as long as the mother was a Filipino
citizen at the time of the marriage to the alien, even if by reason of
such marriage, she lost her Philippine citizenship and even if the
mother was not a citizen at time of birth.
Right to elect Philippine citizenship is an inchoate right
During his minority, child is an alien.
Apply only to legitimate children.
If the child is illegitimate, he follows the status and citizenship of his
known parent, the mother.
4) Naturalization
- Modes of Naturalization
Direct
1) Judicial or administrative proceedings
2) Special act of legislature
3) Collective change of nationality, resulting from cession or subjugation
4) Adoption of orphan minors as nationals of the State where they were
born
Derivative
1) Alien woman upon marriage to a national
2) Minor children of naturalized person
3) Wife of naturalized husband
- Doctrine of Indelible Allegiance: individual may be compelled to retain his
original nationality even if he has already renounced or forfeited it under the laws
of the second State whose nationality he has acquired.
- Qualifications:
1) Not less than 21 at the date of the hearing;
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- Effects
1) Vests citizenship on wife if she herself may be naturalized
2) Minor children born in the Philippines before naturalization shall also be
considered citizens
3) Minor children born outside the Philippines but residing in the Philippines at
the time of naturalization shall also be considered citizens
4) Minor children born outside the Philippines shall be citizens only during
minority, unless he begins to reside permanently in the Philippines
5) Child born outside the Philippines, after the naturalization of the parents shall
be considered citizens, Provided he registers as such before any Philippine
consulate within one year after attaining majority age and takes his oath of
allegiance
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9) Within 5 days from taking oath, BoI shall forward copy of oath to the proper
local civil registrar and cancel petitioner’s alien certificate of registration.
- Status of Alien Wife and Minor Children
May filed a petition for cancellation of their alien certificate of registration.
If applicant is a married woman, husband may not benefit. But minor children
may avail of the right to seek the cancellation of alien certificate of
registration.
- Cancellation of the Certificate of Naturalization
1) Naturalized person or representative made any false statement or
misrepresentation or obtained citizenship fraudulently or illegally or
committed any violation of the law, rules or regulations
2) w/in 5 years shall establish permanent residence in a foreign country
o 1-year stay in native country or 2-year stay in a foreign country is
prima facie evidence of intent to take up residence
3) Allowed himself, wife or children with acquired citizenship to be used as
dummy
4) He, his wife or children commits any act inimical to national interest
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Qualifications
1) Natural-born
2) On the day of the election, at least 35 years of age
3) Able to read and write
4) Registered voter
5) Resident of the Philippines for not less than 2 years immediately
preceding the day of the election
Term: 6 years, commencing at noon on 30th day of June next following their
election
Limitation: no senator shall serve for more than 2 consecutive terms.
Voluntary renunciation of 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
elected.
- House of Representatives: not more than 250, unless otherwise provided by law
Composition
1) District representative
2) Party-list representative
3) Sectoral representative
Apportionment of legislative district is a justiciable question
o (Provinces and cities and Metro Manila area) Apportionment
shall be made in accordance with the number of respective
inhabitants on the basis of a uniform and progressive ratio.
o Each city with not less than 250,00 inhabitants entitled to at
least 1 rep
o Each province, irrespective of number of inhabitants entitled
to at least 1 rep
Each legislative district shall comprise, as far as practicable, compact,
contiguous and adjacent territory.
Congress to make reapportionment of legislative districts within 3 years
following return of every census.
Constitution does not preclude Congress from increasing its membership by
passing a law other than a general apportionment law.
Reapportionment of legislative districts may be made through a special law.
Qualifications:
1) Natural-born Filipino citizen
2) At the day of the election, at least 25 years old
3) Able to read and write
4) Except the party-list representative, a registered voter in the district in
which he shall be elected
5) Resident thereof for not less than 1 year immediately preceding the day of
the election
Principles
1) Minor follows domicile of parents
2) Domicile of origin is lost only when there is
a. actual removal or change of domicile
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Election
Regular: 2nd Monday of May
Special: to fill a vacancy; serve for the unexpired term
Salaries
Determined by law.
No increase in said compensation shall take effect until after the expiration of the
term of all the members of the Senate and House approving such increase.
Privileges
1) Freedom from Arrest
Offenses punishable by not more than 6 years imprisonment, be privileged
from arrest while Congress is in session.
2) Privilege of Speech and of Debate
Not be questioned nor be held liable in any other place for any
speech/debate in the Congress or in any committee.
Held to account for such speech or debate by the House to which he
belongs
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Disqualifications
1) Incompatible Office
Not hold any other office or employment
Forfeiture of the seat in Congress automatically upon assumption
of incompatible office.
N/A if he holds the government office in an ex officio capacity
2) Forbidden Office
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.
Last only for the duration of the term for which the member of
Congress was elected.
Other Inhibitions
not personally appear as counsel before any court, ET, quasi-judicial or other
administrative bodies
not be directly or indirectly interested financially in any contract with, or any
franchise or special privilege granted by the Government
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.
Session
Regular: convene once a year on the 4th Monday of July unless a different date is
fixed by law; and shall continue for such number of days as it may determine until
30 days before the opening of its next regular session, exclusive of Saturdays,
Sundays and legal holidays.
Special: call by president usually to consider legislative measure which the
President may designate in his call
Joint
1) Voting Separately
a. Choosing the president
b. Determine disability of the president
c. Confirming nomination of VP
d. Declaration of the existence of a state of war
e. Proposing constitutional amendments
2) Voting Jointly
a. Revoke/extend proclamation suspending the privilege of the
writ of HC
b. Or placing the Philippines under martial law
Adjournment – neither House during the sessions of the Congress shall, without
the consent of the other adjourn for more than 3 days nor to any other place than
that in which the 2 Houses shall be sitting.
Officers
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Quorum
Majority of each House
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 determine
Quorum in the Senate shall be the total number of Senators who are in the country
and within the coercive jurisdiction of the Senate.
Rules of Proceedings
Each House determined the rules of its proceedings.
Discipline of Members
House may punish its members for disorderly behavior, and with concurrence of
2/3 of all its members, suspend (for not more than 60 days) or expel a member.
Determination of acts which constitute disorderly behavior is within the full
discretionary authority of the House concerned, and the Court will not review
such determination, the same being a political question.
Electoral Tribunals
Composition
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Commission on Appointment
Composition
a. Senate President, ex-officio chairman
b. 12 senators
c. 12 house
* b and c elected by each House on the basis of proportional representation
from the political parties registered.
Powers – act on all appointments submitted to it within 30 session days of
Congress from their submission.
Shall rule by majority vote of its members
Meet only while Congress is in session
At the call of its Chairman or majority of all its members
Independent of the 2 Houses and has the power to promulgate its own rules of
proceedings.
Powers of Congress
1. General (plenary) legislative power
- Limitations:
1. Substantive
- Express
a. Bill of rights
b. Appropriations
c. Taxation
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a. Existence of appropriation
b. Availability of funds
Appropriation law – a statute the primary and specific purpose of
which is to authorize the release of public funds from the Treasury.
Classification:
1) General Appropriations Law – passed annually, for the financial
operations of the government.
2) Special Appropriations Law – for specific purpose
Implied Limitation on Appropriation Measures
1) Appropriation must be devoted to public purpose
2) Sum authorized to be released must be determinate or at least
determinable
Decree do not specify the specific amounts to be paid, the
amounts are nevertheless made certain by the legislative
parameters provided in the decrees.
The mandate being only to pay the principal, interest, taxes
and other normal banking charges.
Constitutional Limitation on Special Appropriation Measure
1) Specify the public purpose for which the sum is intended
2) Must be supported by funds actually available as certified to by the
National Treasurer or to be raised by a corresponding revenue
proposal included therein.
Constitutional Rules on General Appropriations Law
i. Congress may not increase the appropriations
recommended by the President for the operation of
the Government.
ii. The form, content and manner of preparation of the
budget shall be prescribed by law.
iii. No provision or enactment shall be embraced unless
it relates specifically to some particular
appropriation. Any such provision or enactment
shall be limited in its operation to the appropriation
to which it relates. This is intended to prevent riders
or irrelevant provisions included in the bill to ensure
its approval.
iv. Procedure for approving appropriations for
Congress shall strictly follow the procedure for
approving appropriations for other departments and
agencies. (to prevent sub rosa appropriation by
Congress)
v. Prohibition against transfer of appropriations
Exception:
1) President
2) Senate President
3) Speaker
4) Chief Justice
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The President
Qualifications
1. natural-born citizen
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2. registered voter
3. able to read and write
4. on the day of the election, at least 40 years old
5. resident of the Philippines for at least 10 years immediately preceding such
election
Election
- Regular Election: 2nd Monday of May
- Congress as Board of Canvassers
Returns of every election for President and VP, duly certified by Board of
Canvassers of each province or city shall be transmitted to Congress
directed to Senate President.
SP, upon receipt, shall not later than 30 days after the day of the election,
open all the certificates in the presence of the Senate and House in joint
public session.
Congress upon determination of the authenticity and due execution, shall
canvass the votes.
Congress shall promulgate its own rules.
2 or more candidates shall have an equal and highest number of votes, one
of them shall be chosen by a majority vote of all members of Congress.
- Congress has the authority to proclaim the winning candidates for the position of
President and Vice President
- Congress may delegate the initial determination of the authenticity and due
execution of the certificate of canvass to a Joint Congressional Committee,
composed of members of the House and Senate
- The decisions and final report of the Committee shall be subject to the approval of
the joint session of both Houses if Congress, voting separately.
- Even if Congress has adjourned its regular session it may continue to perform this
Constitutional duty of canvassing the presidential and vice-presidential election
results without need of any call for a special session by the President.
- The joint public session cannot adjourn sine die until it has accomplished its
constitutionally mandated task.
- No constitutional or statutory basis for COMELEC to undertake a separate and an
“unofficial” tabulation of results descends to the level of private organization
while using public funds, violates exclusive prerogative of NAMFREL and taints
integrity of envelopes containing ER and the ERs themselves.
- SC as Presidential Electoral Tribunal
SC, en banc
Sole judge of all contests relating to the election, returns and qualifications
of the President or VP
Promulgate its own rules
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Privileges
1. Official Residence
2. Salary
- Determined by law
- Shall not be decreased during tenure
- No increase shall take effect until after expiration of the term of the
incumbent during which such increase was approved.
3. Immunity from Suit
- President is immune from suit
- May not be prevented from instituting a suit
- Immune from civil liability
- After tenure, cannot invoke immunity from suit for civil damages arising
out of acts done by him while he was President which was not performed
in the exercise of official duties.
- Department Secretaries, though alter egos, cannot invoke President’s
immunity from suit.
Prohibitions/Inhibitions
1. Not receive any other emoluments from the government or nay other source
2. Not hold any other office or employment, unless provided in this Constitution
- VP may be appointed to the Cabinet without need of confirmation from
Commission on Appointment
- Secretary of Justice is ex-officio member of Judicial and Bar Council
- Secretary of Labor ex-officio member of BOD of PEZA
- Secretary of TC ex-officio Chairman of PPA and LRTA
- Prohibition must not be construed as applying to poses occupied by Executive
officials without additional compensation in an ex-officio capacity, as
provided by law and as required by the primary functions of the said official’s
office. These posts do not comprise “any other office” but is an imposition of
additional duties and functions on said official.
3. Not directly or indirectly practice any other profession, participate in any business
or be financially interested in any contract, franchise or special privilege
4. Strictly avoid conflict of interest in the conduct of their office
5. May not appoint Spouse or Relatives by consanguinity or affinity within the
fourth civil degree as
a. Members of Constitutional Commissions
b. Office of the Ombudsman
c. Secretaries
d. Undersecretaries
e. Chairman/heads of bureaus/offices/GOCCs/subsidiaries
Rules on Succession
- Vacancy at the BEGINNING of term
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of President – elect
President-elect fails to qualify VP-elect shall act as President until
President-elect shall have qualified
President shall not have been chosen VP-elect shall act as President until
President-elect shall have been chosen and
qualified
No President and VP: Senate President or in case of his disability,
- Chosen the Speaker of the House shall act as
- Qualified President until a President or VP shall been
- Both died chosen and qualified.
- Both become permanently In case of inability of both, Congress shall,
disabled by law provide for the manner by which
one who is to act as President shall be
selected until a President or VP shall have
qualified.
- Temporary Disability
President transmits to Senate President and Speaker
His written declaration that he is unable to discharge the powers and
duties of his office
Until he transmits a written declaration to the contrary
Powers and duties shall be discharged by the VP as Acting President
Majority of the members of the Cabinet transmit to Senate President and
Speaker
Written declaration that the President is unable to discharge the
powers and duties of his office
VP shall IMMEDIATELY assume the powers and duties of the office
as Acting President
IF President shall transmit written declaration that no such disability
exists
He shall reassume the powers and duties of his office
IF majority of the members of the Cabinet transmit within 5 days to
SP and Speaker their written declaration that the President is unable
to discharge the powers and duties of his office,
Congress shall decide the issue
Congress shall convene within 48 hours, if not in session
w/in 10 days from receipt of last declaration OR if not in session
w/in 12 days after it is required to assemble Congress determines
by 2/3 vote of both Houses, voting separately
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Vice-President
Qualifications
1. natural-born citizen
2. registered voter
3. able to read and write
4. on the day of the election, at least 40 years old
5. resident of the Philippines for at least 10 years immediately preceding such
election
Vacancy in VP
- President shall nominate a VP from among members of Senate and House
- Assume office upon confirmation by a majority vote of all Members of both
Houses of Congress, voting separately
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Executive Power
- Executive Power: power to enforce and administer the laws
- Power of carrying out the laws into practical operation and enforcing their due
observance
- Authority to Reorganize the Office of the President “to achieve simplicity,
economy and efficiency.”
- Power to reorganize the OP under Section 31 (1) of EO 292 (Administrative
Code) President can reorganize the OP proper by abolishing, consolidating or
merging units or by transferring functions from one unit to another
- Power to reorganize the OP under Section 31 (2) and b(3) of EO 292
(Administrative Code) power of the President to reorganize offices outside of
the OP proper is limited to merely transferring functions/agencies from OP to
Departments/Agencies and v.v.
- It is not for the President to determine the validity of the law, it is the function of
the judiciary. Unless and until such law is declared unconstitutional, President has
the duty to execute it.
Power of Appointment
- Nominate and with consent of the Commission on Appointments, appoint:
a. Heads of the executive departments
b. Ambassadors
c. Other public ministers and consuls
d. Officers of the armed forces from the rank of colonel or naval captain
e. Other officers whose appointments are vested in him in this Constitution
- Appoint all other officers of the Government whose appointments are not
otherwise provided by law
- Appoint those whom he may be authorized by law to appoint.
- Congress may by law, vest appointment of other officers lower in rank in the
a. President alone,
b. Courts
c. Heads of departments/agencies/commissions/boards
- Appointment: selection, by the authority vested with the power, of an individual
who is to exercise the functions of a given office.
Designation: imposition of additional duties, usually by law, to one who is
already in public service
Commission: written evidence of appointment
- Classification of Appointments
a. Permanent – extended to persons possessing the requisite eligibility
and are protected by security of tenure
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Power of Control
- President shall have control of all
Executive departments
Bureaus
Offices
- Control: power of an officer to alter, modify, set aside, or nullify what a
subordinate had done in the performance of his duties and to substitute the
judgment of the former for that of the latter.
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Pardoning Power
- Except in cases of IMPEACHMENT or AS OTHERWISE PROVIDED IN THE
CONSTITUTION
- May grant, after conviction by final judgment
a. Reprieves
b. Commutations
c. Pardons
d. Remit fines and forfeitures
- May grant Amnesty with concurrence of a majority of all members of the
Congress
- Pardon: act of grace which exempts the individual from punishment that the law
inflicts upon the crime he has committed
- Commutation: reduction or mitigation of penalty
- Reprieve: postponement of sentence/ stay of execution
- Parole: release from imprisonment but still in custody of law although not in
confinement
- Amnesty: act of grace, with concurrence of legislature, usually extended to group
of persons who committed political offenses, puts into oblivion the offense itself
- Discretionary exercise by the President
- Cannot be controlled by Legislature or reversed by courts unless there is a
constitutional violation.
- Limitations:
1) Cannot be granted in cases of impeachment
2) Cannot be granted in cases of violation of election offenses w/o
favorable recommendation of COMELEC
3) Cannot be granted in cases of legislative contempt or civil
contempt
4) Cannot absolve civil liability
5) Cannot restore public offices forfeited
- Exceptions: on consideration of justice and equity, entitled
to reinstatement (Sabello vs. DECS)
6) Only after conviction by final judgment
- Classification of Pardon:
1) Plenary or partial
2) Absolute or conditional
Conditional pardon is in the nature of a contract between the Chief
Executive and the convicted criminal.
By the pardonee’s consent to the terms stipulated in the contract, the
pardonee has placed himself under the supervision of the Chief
Executive or his delegate who is duty bound to see to it that the
pardonee complied with the conditions of the pardon
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AMNESTY PARDON
Addressed to political offenses Infractions of peace of the state
Classes of persons Individual
No need for distinct acts of acceptance Acceptance needed
Concurrence by Congress Nope
Public act which courts may take judicial Private act which must be pleaded and
notice proved
Looks back and puts into oblivion the Looks forward and relieves pardonee of the
offense itself consequences of the offenses
Borrowing Power
- Contract or guarantee foreign loans on behalf of the Republic, with prior
concurrence of Monetary Board and subject to such limitations as may be
provided by law.
- MB, shall w/in 30 days from end of every quarter, submit to the Congress a
complete report of its decisions on applications for loans to be contracted or
guaranteed by the Government/GOCC which would have the effect of increasing
the foreign debt, and containing other matters as may be provided by law.
Diplomatic Power
- No treaty or international agreement shall be valid and effective unless concurred
in by at least 2/3 of all members of the Senate.
- Treaties vs. International Agreements
Budgetary Power
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Informing Power
- Address Congress at the opening of its regular session
- May appear before it at any other time
X. JUDICIAL DEPARTMENT
Judicial Power
- Duty of the courts of justice to settle actual controversies involving rights which
are legally demandable and enforceable, and to determine whether or not there
has been grave abuse of discretion amounting to lack or excess of jurisdiction on
the part of any branch or instrumentality of the government.
- Political questions forbidden territory of courts
- Inherent power of Courts to amend and control its processed and orders so as to
make them comformable with law and justice.
- Right to reverse itself.
Where vested
- 1 SC
- Such lower courts as may be established by law
Jurisdiction
- Power to hear and decide a case
- Congress shall have the power to define, prescribe and apportion the jurisdiction
of various courts, but may not deprive SC of its jurisdiction over cases
enumerated in Section 5, Article VIII
- No law shall be passed increasing appellate jurisdiction of SC without its advice
and concurrence
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Qualifications
- Proven competence, integrity, probity and independence +
- SC
1) Natural-born
2) At least 40
3) 15 years or more a judge of a lower court or engaged in the practice of law in
the Philippines
- Lower Courts
1) Citizen
2) Member of Philippine Bar
3) Congress may prescribe other qualifications
Supreme Court
Composition
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1 CJ
14 Associate Justices
May sit en banc or in its discretion, in divisions of 3, 5 or 7 members
Vacancy shall be filled within 90 days from occurrence
En Banc – concurrence of a majority of the members who took part in the
deliberations and voted
1) Constitutionality of a treaty, international or executive agreement, or law
2) All others required by ROC
3) Constitutionality, application or operation of PDs, orders, instructions,
ordinances and other regulations
Division - concurrence of a majority of the members who took part in the
deliberations and voted and in no case without the concurrence of at least 3 such
members
When required number is not obtained case shall be decided en banc
(case – decided NOT matters - resolved)
No doctrine or principle of law laid by a court sitting en banc or in a division, may
be modified or reversed except by the court sitting en banc
Powers of the SC
1) Original Jurisdiction
2) Appellate Jurisdiction
3) Temporary Assignment of judges of LCs to other stations as public interest may
require
4) Order change of venue or place of trial, to avoid miscarriage of justice
5) Rule-Making Power
6) Power of Appointment
7) Power of Administrative Supervision
8) Annual Report
Original Jurisdiction
1) Cases affecting ambassadors, public ministers and consuls
2) Petition for certiorari, prohibition, mandamus
3) Quo warranto
4) Habeas corpus
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Temporary Assignment of judges of LCs to other stations as public interest may require
Rule-Making Power
- Promulgate rules:
1) Protection and enforcement of constitutional rights
2) Pleadings
3) Practices
4) Procedure in all courts
5) Admission to practice of law
6) Admission to TB
7) Legal assistance to underprivileged
- Limitations:
1) Simplified and inexpensive procedure
2) Uniform in all courts of the same grade
3) Not diminish, increase or modify substantive rights
- Integrated Bar
State-organized bar to which each lawyer must belong
Official unification of entire lawyer population, where each lawyer is
given the opportunity to do his share in carrying out the objectives of
the Bar as well as obliged to bear his portion of its responsibilities
Requires membership and financial support of every atty as a
condition sine qua non to the practice
Payment of dues is a necessary consequence of membership in the IBP,
of which no one is exempt
Practice of law is a privilege and as such must bow to the inherent
regulatory power if the SC
- Writ of Amparo: writ that may be issued by the courts, based on the constitutional
power of the SC to promulgate rules, for the protection and enforcement of
constitutional rights.
- Congress cannot amend the ROC
- Rules of procedure of special courts and quasi-judicial bodies shall remain
effective unless disapproved by the SC
Power of Appointment
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- Appoint all officials and employees of the Judiciary in accordance with Civil
Service Law
Annual Report
- Submit, within 30 days from opening of each regular session of Congress to the
President and to Congress an annual report on the operations and activities of the
Judiciary.
Consultations/Decisions of SC
1) Conclusions in any case submitted to it for decision shall be reached in
consultation before the case is assigned to a member for the writing of the opinion
of the Court. A certification to this effect signed by the CJ shall be issued.
- N/A to administrative cases
- Applicable to lower collegiate bodies
- Votes are equally divided and majority is not obtained, petition shall nbbe
dismissed
2) The decision shall state clearly and distinctly the facts and the law on which it is
based.
- N/A to:
1) Minute resolution dismissing a petition for HC, certiorari and
mandamus
2) Administrative cases
- Decision need not be a complete recital of the evidence presented
- Factual and legal basis are clearly and distinctly set forth
- Imperative that decision is not limited to dispositive part; must
1) State nature of the case
2) Summarize the facts w/ reference to record
3) Contain statement of applicable law and jurisprudence
4) Tribunal’s statement and conclusion of the case
3) No petition for review or MR shall be refused due course or denied without
stating the legal basis.
Tenure of Judges/Justices
- SC: Justices may be removed only by impeachment
Special Prosecutor has no authority to conduct an investigation on charges
against a member of the SC, in view of filing a criminal information.
Because if found guilty, he will be removed from office violation of his
security of tenure.
- LC: Judges shall hold office during GOOD BEHAVIOR until they reach the age
of 70 or become INCAPACITATED to discharge the duties of their offices.
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SC en banc shall have the power to discipline judges of LCs, or order their
dismissal by a vote of a majority of the members who took part in the
deliberations and voted
NOTE: only cases involving dismissal of judges of LCs are required to be
decided by the Court en banc.
First clause: declaration of grant of the disciplining power to and the
determination of the procedure in the exercise by the Court en banc
Grounds for the removal of a judicial officer should be established beyond
reasonable doubt, particularly where the charges on which removal is
sought are misconduct in office, willful neglect, corruption, incompetence,
etc.
Judges cannot be disciplined for every erroneous order or decision
rendered in the absence of a clear showing of ill motive, malice or bad
faith.
The absence of bad faith or malice will not totally exculpate them from
charges of incompetence and ignorance of the law when they render
decisions that are totally bereft of factual and legal bases.
- No law shall be passed reorganizing the Judiciary when it undermines the security
of tenure of its members.
Salaries
- Fixed by law
- May not be decreased during their continuance in office
- Imposition of income tax on salaries of judges does not violate the constitutional
prohibition against decrease in salaries
Periods of Decisions
- All cases filed after the effectivity of the Constitution must be decided and
resolved, from date of submission
24 months – SC
12 months – lower collegiate courts
3 months – all other lower courts
- Unless in the 2 latter cases, the period is reduced by the SC
- Certification to be signed by the Chief Justice/Presiding Justice shall be issued
stating the reason for delay
- Must not sacrifice for expediency’s sake the fundamental requirements of due
process
- “sin perjuicio” judgment without a statement of the facts in support of its
conclusions, to be later supplemented by the final judgment.
- Designed to prevent delay in the administration of justice.
- Failure to decide cases within the prescribed period is not excusable and
constitute gross inefficiency which is a ground for administrative sanction against
the defaulting judge.
- Judges who cannot comply with this mandate should ask for additional time,
explaining in their request the reasons for the delay.
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- 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 delay.
- Court does not lose jurisdiction despite the lapse of the mandatory period.
Inhibitions/Disqualifications
1. not hold any other office or employment, during tenure
2. not engage in the practice of any profession
3. not engage in the active management or control of any business which in any way
may be affected by the functions of his office
4. not be financially interested, directly or indirectly, in any contract or in any
franchise or privilege granted by the Government
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Decisions
1. Each Commission shall decide by a majority vote of all its members any case or
matter brought before it w/in 60 days from the date of its submission for decision
or resolution.
- Majority vote of ALL members and not only of those who participated in the
deliberations and voted thereon.
- Retired prior to promulgation of decision votes should be considered
withdrawn, as if they had not signed the resolution; only the votes of the
remaining commissioners shall be counted.
- Treat the procedural requirements on deadlines realistically.
2. Aggrieved party may bring the decision to the SC on certiorari w/in 30 days from
receipt of copy
- When Court reviews a decision of the COMELEC, the Court exercises
extraordinary jurisdiction; thus the proceeding is limited to issues involving
grave abuse of discretion resulting in lack or excess of jurisdiction and does
not ordinarily empower the Court to review factual findings.
- Certiorari under R65 is the appropriate remedy.
- Judgment of the COA are not reviewable by ordinary writ of error or appeal
by certiorari to the SC. Only when COA acts without or in excess of
jurisdiction, or with GAD amounting to lack or excess of jurisdiction, may
this court entertain a petition for certiorari under R65.
- Decisions of the CSC shall be appealable by certiorari to the CA w/in 15 days
from receipt of a copy. From the decision of the CA, the party adversely
affected thereby shall file a petition for review on certiorari under R45.
Enforcement of Decision
- Final decision of the CSC are enforceable by writ of execution which CSC may
itself issue.
Composition
- Chairman
- 2 Commissioners
Qualifications
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1. Natural-born
2. at the time of the appointment at least 35 years old
3. proven capacity for public administration
4. not have been candidates for any elective position in the election immediately
preceding their appointment
Term
- Appointed by the President with the consent of the Commission on Appointments
- Term of 7 years, without reappointment
- In no case shall any member be appointed or designated in temporary or acting
capacity.
Constitutional Objective/Function
1. central personnel agency of the Government
2. establish a career service
3. adopt measures to promote morale, efficiency, integrity, responsiveness,
progressiveness and courtesy in the civil service
4. strengthen merit and reward system
5. integrate all human resources development programs for all levels and ranks
6. institutionalize a management climate conducive to public accountability
Scope of the CS
- Embrace ALL branches, subdivisions, instrumentalities and agencies of the
Government, including GOCCs with original charter
- “with original charter” refers to corporation chartered by special law as
distinguished from corporations organized under the Corporation Code
- Includes:
1. Economic Intelligence and Information Bureau
2. Jose M. Rodriguez Hospital
3. Philippine National Red Cross
4. UP
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Classes of Service
1. Career Service
a. Description
- Entrance based on merit and fitness, as far as practicable by
competitive examinations
- Or based on highly and technical qualifications
- Opportunity for advancement to higher career positions
- Security of tenure
b. Includes:
1) Open Career Service
- Prior qualification in an appropriate examination is required
2) Closed Career Service
- Scientific or highly technical
3) Career Executive Service
- Undersecretaries, bureau directors, etc.
4) Positions in the Armed Forces of the Philippines
- Governed by a different merit system
5) Career Officers
- Other than those belonging to Career Executive Service,
appointed by President, e.g. foreign service
6) Personnel of GOCC w/ original charters
7) Permanent laborers (skilled, semi-skilled or unskilled)
c. Incumbents of positions which are declared to be CES positions for the
first time who hold permanent appointments shall remain under
permanent status in their position. Upon promotion or transfer to other
CES positions, these incumbents shall be under temporary status in
said other CES positions until qualify,
d. Mere fact that a position belongs to the CES does not automatically
confer security of tenure on the applicant. Such right will have to
depend on the nature of his appointment which depends on his
eligibility or lack of it.
e. A person who does not have the requisite qualifications for the
position cannot be appointed.
- Exception: acting capacity in the absence of appropriate
eligibles.
f. Security of Tenure in the CES – pertains only to RANK and not to the
office or the position to which they may be appointed.
1) Career executive service eligibility
2) Appointment to the appropriate career executive service
rank
2. Non-Career Service
a. Description
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2) Primarily confidential
Not only confidence in the aptitude if the appointee for the duties
of the office but primarily close intimacy which ensures freedom
of intercourse without embarrassment or freedom from misgivings
or betrayal on confidential matters of state
NATURE of the position which determined whether a position is
primarily confidential, policy-determining or highly technical
“proximity rule” – can be considered as confidential employee if
the predominant reason why he was chosen by the appointing
authority was the latter’s belief that he can share a close intimate
relationship with the occupant which ensures freedom of
discussion without fear of embarrassment or misgivings of possible
betrayals of personal trust or confidential matters of the State.
Where the position occupied is remote from that of the appointing
authority, the element of trust between them is no longer
predominant, and cannot be classified as primarily confidential.
3) Highly technical – requires possession of technical skill in a superior
degree.
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Abella, Jr. vs. CSC both the appointing authority and the appointee are
the real parties in interest and both have legal standing
Challenge to the appointing authority’s discretion
While appointee has no vested right to the position, it was his elgibility
that was being questioned; he has a personal stake in the outcome
Disqualifications
1) Lost in any election within 1 year preceding the appointment
2) Elective official during tenure
3) Appointive official, except when allowed by law or the primary functions of his
position
Ex-officio capacity
Security of Tenure
- Removed and suspended for case provided by law.
- Ground, procedure for investigation and the discipline of career service officers
and EEs Career Service Law; Non-compliance constitutes denial of the right to
security of tenure
- Presidential appointee direct disciplinary authority of the President
- Reassignment does not offend the constitutional guarantee
- Reinstatement – deemed not to have left his office; entitled to payment of back
salaries, notwithstanding silence.
Payment of back wages during the period of suspension of a civil servant
who is subsequently reinstated is proper only if he is found innocent of the
charges and the suspension is unjustified.
BUT where the reinstatement is ordered not as a result of exoneration but
merely as an act of liberality, the claim for back wages was not allowed. It
follows the general rule that the public official is not entitled to
compensation if he has not rendered any service.
- Valid abolition of office does not violate the constitutional guarantee of security
of tenure.
- ROC, career service officer or employee who has been unlawfully ousted from his
office has 1 year within which to file an action in court to recover office.
Exception: Cristobal vs. Melchot grounds of equity
- Appellate jurisdiction of the CSC only over Merit System Protection Board’s
decisions in administrative disciplinary cases involving the imposition of the
penalty of suspension, fine, demotion in rank or salary, transfer, removal,
dismissal from office – not over MSPB decision exonerating the accused. Only by
the party adversely affected (Not ER).
- He who, while occupying one office, accepts another incompatible with the first,
ipso facto vacates the first office and his title thereto is thereby terminated without
any other act of proceeding.
Canonizado vs. Aguirre: accepted another position while case questioning the
law that removed him from his first position was still pending.
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Partisan Political Activity – no officer or employee in the civil service shall engage,
directly or indirectly, in any electioneering or partisan political campaign
Except to vote
Does not prevent expression of views regarding political problems or mention
the names of the public officers he supports
Applicable to military establishments only to those in the active military
service, not to reservists
Exemptions:
1. members of the Cabinet
2. public officers and employees holding political offices
The above 2 are allowed to take part in political and electoral activities, except
to solicit contributions from their subordinates or commit acts prohibited
under the Election Code.
Standardization of Compensation
Provided for by Congress (and also qualification required fir their positions)
Double Compensation
No elective or appointive public officer or employee shall receive additional,
double or indirect compensation, UNLESS specifically authorized by law,
Nor accept without the consent of Congress, any present, emoluments office or
title of any kind from any foreign government.
Pensions and gratuities shall not be considered as additional, double or indirect
compensation.
Retiree can continue to receive such pension/gratuity even after he accepts
another government position to which another compensation is attached.
Oath of Allegiance – shall take an oath or affirmation to uphold and defend this
Constitution
COMMISSION ON ELECTIONS
Composition
- Chairman
- 6 Commissioners
Qualifications
1. Natural-born
2. at the time of the appointment at least 35 years old
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Term
- Appointed by the President with the consent of the Commission on Appointments
- Term of 7 years, without reappointment
- In no case shall any member be appointed or designated in temporary or acting
capacity.
COMELEC en banc shall promulgate rules concerning pleadings and practice before it or
before any of its offices, but they must not diminish, increase or modify substantive rights
subject to the rule that rules of procedure of special courts and quasi-
judicial bodies shall remain effective unless disapproved by the SC
rules on civpro regarding demurrer to evidence cannot apply to election
cases, even by analogy in suppletory character.
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Enforce and administer all laws and regulations relative to the conduct of an
election, plebiscite, initiative, referendum or recall
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Deputize law enforcement agencies and instrumentalities for the exclusive purpose of
ensuring free, orderly, honest and peaceful and credible elections, with concurrence of
President
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.
File petition in court for the inclusion/exclusion of voters, upon verified complaint or in
its own initiative; investigate and/or prosecute cases for violations of election laws
Finding of probable cause in the prosecution of election offenses rests in the
COMELEC’s sound discretion
Includes the authority to decide whether or not to appeal the dismissal of a case
by the TC.
Submit to the President and Congress a comprehensive report on the conduct of each
election, plebiscite initiative, referendum or recall
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Party-System - a free and open party-system shall be allowed to evolve according to the
free choice of the people
Votes cast in favor of political party, organization or collation that are
REGISTERED.
Entitled to appoint poll watchers in accordance with law.
Election Period
Commence 90 days before the day of the election and shall end 30 days thereafter
Exception: period fixed by COMELEC in special cases
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COMMISSION ON AUDIT
Composition
- Chairman
- 2 Commissioners
Qualifications
1. Natural-born
2. at least 35 years old
3. CPAs with not less than 10 years of auditing experience OR members of the
Philippine Bar with at least 10 years practice of law
4. not have been candidates in the election immediately preceding the appointment
5. no time shall ALL members belong to the same profession
Term
- Appointed by the President with the consent of the Commission on Appointments
- Term of 7 years, without reappointment
Examine, audit and settle all accounts pertaining to the revenue and receipts of, and
expenditures or uses of funds and property owned or held in trust or pertaining to the
Government
Post-audit basis
1. Constitutional Commissions and bodies/offices granted fiscal autonomy
2. autonomous state colleges and universities
3. GOCCs and subsidiaries – with or without original charter
4. Non-governmental entities receiving subsidy or equity
Temporary or special pre-audit
Duty to pass in audit a salary voucher is discretionary
Exception: authority of Auditor General is limited to auditing (whether 1)
there is a law appropriating funds for a given purpose, 2) goods or services
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Keep the general accounts of Government and preserve vouchers and supporting papers
for such period as provided by law
Authority to define the scope of its audit and examination, establish techniques and
methods required therefore
EXCLUSIVE
1. Power to define the scope of its audit
2. Promulgate auditing rules and regulations
3. Power to disallow unnecessary expenditures
NOT Exclusive power to examine and audit
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 property
COA may stop the payment of the price stipulated in the government contracts
when found to be irregular, extravagant or unconscionable.
May prohibit the use of government vehicle by officials who are provided with
transportation allowance.
Statement of Policy
Public office is a public trust.
Public officers and employees must at all times be accountable to the
people,
Serve them with utmost responsibility, integrity, loyalty and efficiency,
Act with patriotism and justice
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Impeachment
National inquest into the conduct of public men
Impeachable Officers
1. President
2. Vice President
3. Chief Justice
4. Associate Justices of SC
5. Chairmen and Members of ConCom
6. Ombudsman
* enumeration is exclusive
Impeachable officer who is a member of the Philippine Bar cannot be
disbarred without first being impeached.
Grounds:
1. Culpable violation of the constitution
2. treason
3. bribery
4. graft and corruption
5. other high crimes
6. betrayal of public trust
* enumeration is exclusive
Procedure for Impeachment – Congress shall promulgate its rules
1. Initiating Impeachment Case
House of Representative shall have the exclusive power to
initiate all cases of impeachment.
Deemed initiated when the complaint (with accompanying
resolution of indorsement) has been filed with the House of
Representatives and referred to the appropriate Committee.
Initiated by
1. any Member of the House of Representatives OR
2. by any citizen upon a resolution of endorsement by
any Member
Included in the order of business w/in 10 session days and
referred to the proper Committee w/in 3 session days.
If the verified complaint is filed by at least 1/3 of all the
members of the House, the same shall constitute the Articles of
Impeachment and the trial by Senate shall forthwith proceed
(no need to refer the same to the proper Committee)
The Committee, after hearing, and by a majority vote of all its
members, shall submit its report to the House w/in 60 session
days
A vote of at least 1/3 of all the members of the House shall be
necessary to affirm a favorable resolution with the Articles of
Impeachment of the Committee, or override its contrary
resolution.
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THE SANDIGANBAYAN
Anti-graft court
Composition
1 Presiding Justice
8 Associate Justices
With the rank of the Justice of the CA
Sits in 3 divisions of 3 members each
Jurisdiction
Following must concur:
1. violation of RA 3019, RA 1379, Chapter 2 Section 2 Title 7
Book II of RPC, Eos 1, 2, 14 and 14-A or other offenses of
felonies whether simple or complexed with other crimes;
2. offender is public official or employees holding any of the
positions enumerated in par a Sec 4 RA 8249; and
3. offenses committed in relation to the office
Only instance when Sandiganbayan may exercise jurisdiction over a
private individual is when the complaint charges him either as a co-
principal, accomplice or accessory of a public officer who has been
charged with a crime within the jurisdiction of the Sandiganbayan.
Whether or not the Sandiganbayan or the RTC has jurisdiction shall be
determined by the allegations in the information specifically on whether or
not the acts complained of were committed in relation to the official
functions of the accused.
Required that the charge be set forth with particularity as will reasonable
indicate that the exact offense which the accused is alleged to have
committed is one in relation to his office.
Ramification of Section 7, RA 8249
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1. if the trial of the cases pending before whatever court has already
begun as of the approval of RA 8249, the law does not apply;
2. if trial of cases pending before whatever court has not begun as of
the approval of RA 8249, then the law applies and the rules are:
a. if SB has jurisdiction over a case pending before it, then it
retains jurisdiction
b. if SB has no jurisdiction over a case pending before it, case
shall be referred to the regular courts
c. if SB has jurisdiction over a case pending before a regular
court, the latter loses jurisdiction and the same shall be
referred to the Sandiganbayan
d. if a regular court has jurisdiction over a case pending
before it, then said court retains jurisdiction
Decision/Review
Unanimous vote of all 3 members required for the pronouncement of
judgment by a division.
Decisions of the Sandiganbayan shall be reviewable by the SC on petition
for certiorari
Mandatory for the Sandiganbayan to suspend any public officer against
whom a valid information charging violation of that law, or any offense
involving fraud upon the government or public funds or property is filed.
(RA 3019)
The appellate jurisdiction of the SC over decisions and final orders of the
Sandiganbayan is limited to questions of law.
THE OMBUDSMAN
Tanodbayan
Composition
One overall Deputy
At least one deputy for Luzon, Visayas and Mindanao
Separate deputy for the military establishment may likewise be appointed
Qualifications
1) Natural-born
2) At least 40 years of age
3) Recognized probity and independence
4) Members of the Philippines Bar
5) Must not have been candidates for any elective office in the immediately
preceding election
6) Ombudsman must have been a judge or engaged in the practice of law for 10
years or more
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Term of Office
7 years without reappointment
Fiscal Autonomy
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Ill-gotten Wealth
Right of the State to recover properties unlawfully acquired by public officials or
employees, from them or from their nominees or transferees, shall not be barred
by prescription, laches or estoppel.
Applies only to civil actions for recovery of ill-gotten wealth and not to criminal
cases.
Restriction on Loans
No loan, guaranty or other form of financial accommodation for any business
purpose may be granted directly or indirectly by any government owned or
controlled bank or financial institution to (during their tenure):
1) President
2) VP
3) Members of the Cabinet
4) Congress
5) SC
6) ConCom
7) Ombudsman
8) Any firm or entity in which they have controlling interest
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5) SC
6) ConCom
7) Other constitutional offices
8) Officers of the armed forces of general or flag rank
Goals
1. equitable distribution of opportunities, income and wealth
2. sustained increase in amount of goods and services, produced by the nation for the
benefit of the people
3. expanding productions as the key to raising the quality of life
Natural Resources
All lands of public domain, waters, mineral, coal, petroleum and other mineral
oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and
fauna and other natural resources are owned by the State.
With the exception of agricultural lands, all other natural resources shall not be
alienated.
Regalian Doctrine: all agricultural, timber and mineral lands are subject to the
dominion of the State.
Before any land may be classified from the forest group and converted
into alienable or disposable land from agricultural or other purposes, there
must be positive act from the Government.
Absence of proof that property is privately owned, the presumption is that
it belongs to the State.
Any possession, no matter how lengthy, cannot ripen into ownership. And
all lands not otherwise appearing to be clearly within private ownership
are presumed to belong to the State.
Tasks of administering and disposing lands of public domain belongs to the
Director of Lands and ultimately the Secretary of DENR.
The classification of public lands is an exclusive prerogative of the Executive
Department through the Office of the President. In the absence of classification,
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the land remains unclassified public land until released and rendered open for
disposition.
Forest land is not capable of private appropriation and occupation in the absence
of a positive act of the Government declassifying it into alienable and disposable.
Imperium: government authority possessed by the State, embraced in sovereignty and its
capacity to own and acquire property.
Dominium: lands held by the State in its proprietary character. It may provide for the
exploitation and use of lands and other natural resources, including their disposition,
except as limited by the Constitution.
Citizenship Requirements
1. Co-production, joint venture or production sharing agreements for exploration,
development and utilization of natural resources
Filipino citizens
Corporations at least 60% of whose capital is Filipino-owned
Agreements shall not exceed 25 years, renewable for another 25
2. Use and enjoyment of the nation’s marine wealth
Exclusively to Filipino citizens
Protect the rights of subsistence fishermen, especially of local
communities to the preferential use of the communal marine and fishing
resources, both inland and offshore.
“Marginal Fisherman” – individual engaged in fishing whose margin of
return or reward from his harvest of fish, as measured by existing price
levels, is barely sufficient to yield a profit or cover the cost of gathering
the fish.
“Subsistence Fishermen” – catch yields but the irreducible minimum for
his livelihood.
LGC defined “marginal farmer or fisherman” - engaged in the subsistence
farming or fishing which shall be limited to the sale, barter or exchange of
agricultural or marine products.
Preferential right granted to them is not absolute.
3. Alienable lands of public domain
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Private Lands
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3. Action for recovery filed by the former Filipino owner, the pari delicto ruling
having been abandoned, unless the land is sold to an American citizen prior to
July 3, 1974 and the American citizen obtained title thereto.
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- The State shall promote the preferential use of Filipino labor, domestic materials
and locally produced goods, and adopt measures that help make them
competitive.
Practice of Profession
- The practice of all profession shall be limited to Filipino citizens
- Exception: in cases prescribed by law
Cooperatives
- Congress shall create an agency to promote the viability and growth of
cooperatives as instruments for social justice and economic development.
- RA 6939: An Act Creating the Cooperative Development Authority
- CDA is devoid of any quasi-judicial authority to adjudicate intra-cooperative
disputes and, more particularly, disputes related to the election of officers and
directors of cooperatives.
- CDA may conduct hearings and inquiries in the exercise of its administrative
functions.
Monopolies
- Policy: the State shall regulate or prohibit monopolies when the public interest so
requires. No combinations in restraint of trade or unfair competition shall be
allowed.
- Monopoly – a privilege or peculiar advantage vested in one or more persons or
companies, consisting in the exclusive right to carry on a particular business or
trade, manufacture a particular article, or control the sale of a particular
commodity.
- Monopolies are not per se prohibited by the Constitution but may be permitted to
exist to aid the government in carrying on an enterprise or to aid in the
performance of various services and functions in the interest of the public.
- Subjected to a higher level of State regulation.
- Desirability of competition is the reason for the prohibition against restraint of
trade.
- The reason for the interdiction of unfair competition and the reason for the
prohibition of unmitigated monopolies.
- A market controlled by one player (monopoly) or dominated by a handful of
players (oligopoly) is hardly the market where honest-to-goodness competition
will prevail.
- Constitution enshrined free enterprise as a policy, it nevertheless reserves to the
Government the power to intervene whenever necessary for the promotion of the
general welfare.
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Policy Statement
- Congress shall give highest priority to the enactment of measures that
protect and enhance the right of all the people to human dignity
reduce social, economic, and political inequalities
and remove cultural inequities by equitably diffusing wealth and
political power for the common good.
- To this end, the State shall regulate the acquisition, ownership, use and disposition
of property and its increment.
- The promotion of social justice shall include the commitment to create economic
opportunities based on freedom of initiative and self-reliance.
- Pursuit to social justice cannot justify breaking the law.
- The State’s solitude for the destitute and the have-nots does not mean it should
tolerate usurpation of property, public or private.
Labor
- The State shall afford full protection to labor, local and overseas, organized and
unorganized, and promote full employment and equality of employment
opportunities for all.
- It shall guarantee the rights of all workers to:
1. self-organization
2. collective bargaining and negotiations
3. peaceful concerted activities, including the right to strike in accordance
with law
- They shall be entitled to:
1. security of tenure
2. humane conditions of work
3. living wage
- They shall also participate in policy and decision-making processes affecting their
rights and benefits as may be provided by law.
- The State shall promote the principle of shared responsibility between the workers
and employers and the preferential use of voluntary modes in settling disputes,
including conciliation and shall enforce their mutual compliance to foster
industrial peace.
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- The State shall regulate the relations between workers and employers, recognizing
the
1. right of labor to its just share in the fruits of production and
2. the right of enterprises to reasonable returns on investments and to
expansion and growth.
- Employees in the civil service may not resort to strikes, walkouts and other
temporary work stoppages to pressure the Government to accede to their
demands.
- The ability to strike is not essential to the right to association and the right to
sovereign to prohibit strikes or work stoppages was clearly recognized at common
law.
Human Rights
The Commission on Human Rights
Composition
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1. Chairman
2. 4 Members
Qualifications
1. natural-born
2. majority of whom shall be members of the Bar
Term of office and other disqualification and disabilities of the members shall be
provided by law.
The power to appoint the Chairman and members of the Commission is vested in
the President, without need of confirmation by the Commission on Appointments.
CHR does not enjoy fiscal autonomy. It does not belong to the species of
constituent commissions.
Powers and Functions:
1. jurisdiction or adjudicatory powers and not meant to be another court or quasi-
judicial agencies in this country
2. may investigate
receive evidence
make findings of fact as regards claimed human rights violations
involving civil and political rights
but fact-finding is not adjudication, and cannot be likened to the
judicial function of a court of justice, or even a quasi-judicial agency
or official
3. cannot issue writs of injunction or a restraining order against supposed
violators of human rights, not being a court of justice.
State Policy
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
protect and promote the right of all citizens to quality education at all levels and
shall take appropriate steps to make such education accessible to all.
National Medical Admission Test (NMAT) ensures quality education for future
doctors and protect public health by making sure of the competence of future
medical practitioners.
Constitutional right of every citizen to select a profession or course of study
subject to fair, reasonable and equitable admission and academic requirements.
It may be regulated pursuant to police power of the State to safeguard health,
morals, peace, education, order, safety and general welfare of the people.
Persons who desire to engage in the learned professions requiring scientific or
technical knowledge may be required to take an examination as a prerequisite to
engaging in their chosen careers.
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Educational Institution
- Ownership
Solely by Filipino citizens or
Corporations 60% Filipino-owned
Exception: those established by religious groups or mission boards, but
Congress may increase required Filipino equity participation.
- Control and Administration
Vested in Filipino citizen..
- Alien Schools
No educational institution shall be established exclusively for aliens, and
no group of aliens shall compromise more than 1/3 of the enrolment in any
school.
Exception: schools for foreign diplomatic personnel and their dependents
and for other foreign temporary residents.
- Tax Exemptions
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Academic Freedom
enjoyed in all institutions of higher learning
colleges, publicly or privately-owned
Two Views:
1. from the standpoint if the educational institution
determine:
1. who may teach
2. what may be taught
3. how it shall be taught
4. who may be admitted to study
Freedom to determine whom to admit includes the right to
determine whom to exclude or expel, as well as to impose lesser
sanctions such as suspension.
Right to freely choose their field of study subject to existing
curricula, and to continue their course therein up to graduation,
such right is subject to established academic and disciplinary
standards laid down by the academic institution.
2. from the standpoint of the members of the academe
freedom of the teacher or research worker in higher institutions of
learning to investigate and discuss the problems of his science and
to express conclusions, whether through publication or in the
instruction of students, without interference from political or
ecclesiastical authority, or from the administrative officials of the
institution in which he is employed, unless the methods are found
to be incompetent or contrary to professional ethics.
Widest latitude to innovate and experiment on the method of
teaching which is most fitting to his students, subject only to the
rules and policies of the University.
Limitations
1. dominant police power of the State
2. social interests of the community
“Termination of Contract” theory in Alcauz can no longer be used as a valid
ground to deny readmission or re-enrollment to students who had led or
participated in student mass actions against the school. The students do not shed
their constitutionally-protected rights of free expression at the school games.
The only valid grounds to deny readmission of students are:
1. academic deficiency and
2. breach of the school’s reasonable rules of conduct
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Language
National language Filipino
Purpose of communication and instruction Filipino, and until otherwise
provided by law, English
Regional languages auxiliary official languages in the regions and shall serve
as ancillary media of instruction
Spanish and Arabic promoted on voluntary and optional basis
Constitution shall be promulgated in Filipino and English and shall be translated
into major regional languages, Arabic and Spanish.
Flag
Red, white and blue
A sun and 3 stars
As consecrated and honored by the people and recognized by law.
Name
Congress may, by law, adopt:
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All members of the armed forces shall take an oath or affirmation to uphold and
defend the Constitution
Professionalism and Adequate Remuneration shall be a prime concern of the
State.
Insulated from partisan politics.
No member of the military shall engage directly or indirectly in any partisan
political activity except to vote.
No member of the armed forces in the active service shall, at any time, be
appointed or designated in any capacity to any civilian position.
Laws on retirement of military officers shall not allow extension of their service.
The officers and men of the regular force of the armed forces shall be recruited
proportionately from all provinces and cities as far as practicable.
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Elections
- First elections of members of Congress 2nd Monday of May 1987
- First local elections to be determined by President
- Synchronization of elections:
Members of Congress and the local officials first elected shall serve until
noon of June 30, 1992.
6-year term of the incumbent President and Vice-President elected in
February 7, 1986 elections is extended until noon of June 30, 1992.
Elections for President and Vice-President, Senators, Members of the
House of Representatives and local office must be synchronized in 1992.
Sequestration
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