Outline of Nachuras ConstiLaw Outline For Portians Only NOTES:

I. GENERAL PRINCIPLES A. Political Law, defined B. Scope/Division of Political Law 1. Constitutional Law 2. Administrative Law 3. Law on Municipal Corporations 4. Law of Public Officers 5. Election Laws C. Basis of the Study II. THE PHILIPPINE CONSTITUTION A. Nature of the Constitution 1. Definition 2. Purpose 3. Classification 4. Qualities of a good written Constitution 5. Essential Parts of a good written Constitution 6. Interpretation/Construction of the Constitution B. Brief Constitutional History C. The 1987 Constitution D. Amendment 1. Amendment v. Revision Lambino v. COMELEC Two-part test 2. Constituent v. Legislative Power 3. Steps in the amendatory process a. Proposal i. Congress, by a vote of of all its members ii. Constitutional Convention iii. People, through the power of initiative 1. On the Constitution 2. On statutes 3. On Local Legislation b. Ratification i. Doctrine of proper submission 1. Plebiscite may be held on the same day as regular elections 2. Entire Constitution must be submitted for ratification at one plebiscite only. Piece-meal amendments not allowed. 4. Judicial Review of Amendments

a. b.

a. b. c. a. b. c. d.

E. Power of Judicial Review 1. Judicial Review 2. Who may exercise the power 3. Functions of judicial review Checking Legitimating Symbolic 4. Requisites of Judicial Review/Inquiry Actual case or controversy Raised by the proper party Raised at the earliest possible opportunity Decision must be determinative of the case itself 5. Effects of Declaration of Unconstitutionality, two views:

Outline of Nachuras ConstiLaw Outline For Portians Only NOTES:

a. b. Orthodox view Modern view 6. Partial Unconstitutionality, requisites: The Legislature must be willing to retain the valid portions, usually shown by the presence of a separability clause The valid portion can stand independently as law III. THE PHILIPPINES AS A STATE A. Definition of a State 1. Distinguished from Nation 2. Distinguished from Government B. Elements of a State 1. People 2. Territory a. The National Territory b. Components c. The Philippine Archipelago d. Other territories over which the Philippines exercises jurisdiction e. Archipelago doctrine 3. Government a. Defined b. Functions c. Doctrine of Parens Patriae d. Classification i. De Jure ii. De Facto iii. Presidential iv. Parliamentary v. Unitary vi. Federal 4. Sovereignty a. Defined b. Kinds i. Legal ii. Internal c. Characteristics d. Effects of change in sovereignty e. Effects of belligerent occupation f. Dominium v. Imperium g. Jurisidiction i. Territorial ii. Personal iii. Extraterritorial C. State Immunity from Suit 1. Basis 2. Par in parem non habet imperium 3. Test to determine if suit against the State 4. Suits against Government Agencies a. Incorporated b. Unincorporated 5. Suits against Public Officers 6. Need for Consent a. Express i. General Law ii. Special Law b. Implied i. State commences litigation ii. State enters into a business contract

Outline of Nachuras ConstiLaw Outline For Portians Only NOTES:

7. Scope of Consent 8. Suability not equated with outright liability IV. FUNDAMENTAL POWERS OF THE STATE A. General Principles 1. Inherent Powers - Police Power - Eminent Domain - Taxation 2. Similarities 3. Distinctions 4. Limitations B. Police Power 1. Definition 2. Scope/Characteristics 3. Who may exercise the power 4. Limitations a. Lawful subject b. Lawful Means 5. Additional Limitations a. Express grant by law b. Within territorial limits c. Not contrary to law C. Eminent Domain 1. Definition/Scope 2. Who may exercise the power 3. Requisites for exercise a. Necessity b. Private Property c. Taking in the constitutional sense i. Valid taking - private property - for more than a momentary period - under warrant or color or authority - property for public use or otherwise informally appropriate or injuriously affected - utilization of the property must be in such a way as to oust the owner and deprive him of beneficial enjoyment of the property d. Public use e. Just compensation i. Concept ii. Judicial prerogative iii. Need to appoint Commissioners iv. Form of compensation v. Withdrawal of deposit by rejecting landowner vi. Reckoning point of market value of the property vii. Entitlement of owner to interest viii. Who else may be entitled to just compensation ix. Title to the property x. Right of landowner in case of non-payment of just compensation f. Due process of law 4. Writ of Possession

Outline of Nachuras ConstiLaw Outline For Portians Only NOTES:

5. Plaintiffs right to dismiss the complaint in eminent domain 6. Right to repurchase or re-acquire the property 7. Expropriation under Sec. 18, Art. XII 8. Expropriation under Sec. 4 and 9, Art. XIII D. Taxation 1. Definition 2. Who may exercise 3. Limitations on the exercise a. Due Process b. EPC c. Public purpose 4. Dpuble Taxation 5. Tax Exemptions 6. Police Power v. Taxation a. License fee v. Tax b. Kinds of license fee i. For useful occupations or enterprises ii. For non-useful occupations or enterprises amount may be a bit exorbitant 7. Supremacy of the national government over LGUs in taxation V. PRINCIPLES AND STATE POLICIES A. Preamble 1. Does not confer rights nor impose duties 2. Indicates authorship 3. Enumerates primary aims and aspirations 4. Aids in the construction of the Constitution B. Republicanism 1. Essential features - Representation - Renovation 2. Manifestations a. Ours is a government of laws and not of men b. Rule of the majority c. Accountability of public officials d. Bill of Rights e. Legislature cannot pass irrepealable laws f. Separation of powers i. Purpose ii. La Bugal iii. Not doctrinaire nor with pedantic rigor, not independence but interdependence iv. Principle of Blending of Powers v. Principle of Checks and Balances vi. Role of the Judiciary g. Delegation of Powers i. Potestas delegata non potest delegare ii. Permissible delegation 1. Tariiff Powers to the President 2. Emergency Powers to the President 3. Delegation to the People a. Referendum b. Plebiscite 4. Delegation to LGUs 5. Delegation to Administrative Bodies iii. Tests for valid delegation

Outline of Nachuras ConstiLaw Outline For Portians Only NOTES:

C. 1. Completeness Test 2. Sufficient Standard Test The Incorporation Clause 1. Renunciation of War 2. Doctrine of Incorporation a. Generally accepted principles of international law refers to norms of general or customary international law which are binding on all states b. How international law becomes part of the sphere of domestic law i. By Transformation ii. By Incorporation c. When applied d. Lex posterior derogat priori Civilian Supremacy Duty of Government; people to defend the State Right to Bear Arms Separation of Church and State Independent foreign policy and nuclear-free Philippines Just and Dynamic Social Order Promotion of Social Justice Respect for human dignity and human rights Family and youth Fundamental equality of men and women Promotion of health and ecology Priority to education, science, technology, etc. Protection to labor Self-reliant and independent economic order Land Reform Indigenous cultural communities Independent peoples organizations Communication and information in nation-building Autonomy of local government Equal access of opportunities for public service Honest public service and full public disclosure

D. E. F. G. H. I. J. K. L. M. N. O. P. Q. R. S. U.

T. V.
W.

VI. BILL OF RIGHTS A. In General 1. Definition a. Civil Rights b. Political Rights B. Due Process of Law 1. Origin 2. Definition 3. Who are protected 4. Meaning of life, liberty and property a. Life b. Liberty c. Property 5. Aspects of due process a. Substantive b. Procedural i. An impartial court or tribunal clothed with judicial power to hear and determine the matter before it ii. Jurisdiction must be lawfully acquired over the person of the defendant and over the property which is the subject matter of the proceeding

Outline of Nachuras ConstiLaw Outline For Portians Only NOTES:

iii. The defendant must be given an opportunity to be heard iv. Judgment must be rendered upon lawful hearing 6. Publication as part of due process 7. Appeal and due process 8. Preliminary investigation and due process 9. Administrative due process C. Equal Protection of the Laws 1. Meaning; Persons Protected 2. Scope of Equality a. Economic b. Political c. Social 3. Valid classification a. Substantial distinctions b. Germane to the purpose of the law c. Not limited to existing conditions only d. Applies equally to all members of the same class D. Searches and Seizures 1. Scope of the protection 2. Some Procedural Rules 3. Only a judge may validly issue a. Exception b. Harvey v. Santiago 4. Requisites of a Valid Warrant a. Probable Cause b. Determination personally by a judge i. Issuance of a warrant of arrest ii. Issuance of a search warrant c. After examination, under oath or affirmation, of the complainant and the witnesses he may produce d. Particularity of description i. General warrants ii. Warrant of Arrest iii. Search Warrant 5. Properties subject to seizure Subject of the offense Stolen or embezzled property and other proceeds or fruits of the offense - Property used or intended to be used as means for the commission of an offense 6. Conduct of the Search 7. Warrantless Arrests a. When the person to be arrested has committed, is actually committing, or is attempting to commit an offense in his presence i. Rebel may be arrested at any time, with or without a warrant ii. Hot Pursuit iii. Buy-Bust Operation is a valid in flagrante arrest b. When an offense had just been committed and there is probable cause to believe, based on his personal knowledge of facts or of other circumstances, that the person to be arrested has committed the offense c. When the person to be arrested is a prisoner who has escaped from a penal institution or place where he is serving final judgment or temporarily

Outline of Nachuras ConstiLaw Outline For Portians Only NOTES:

confined while his case is pending, or has escaped while being transferred from one confinement to another d. When the right is voluntarily waived 8. Warrantless Searches a. When the right is voluntarily waived b. Stop-and-frisk c. Search and seizure is an incident to lawful arrest d. Search of vessel and aircraft e. Moving vehicles f. Inspection of buildings and other premises for the enforcement of fire, sanitary and building regulations g. Where prohibited articles are in plain view Elements: i. Prior valid intrusion ii. Evidence inadvertently discovered iii. Evidence immediately apparent iv. Plain view justified the seizure h. Search and seizure under exigent and emergency circumstances i. Arial target zoning or Saturation Drives 9. Exclusionary Rule Privacy of Communications and Correspondence 1. Inviolability 2. Mantle over tangible and intangible objects 3. Zulueta v. CA 4. Waterous Drug v. NLRC 5. Exclusionary Rule Freedom of Expression 1. Scope 2. Aspects a. Freedom from censorship or prior restraint b. Freedom from subsequent punishment i. Libel ii. Obscenity iii. Criticism of official conduct iv. Right of students to free speech in school premises not absolute 3. Tests of valid governmental interference a. Clear and Present Danger Rule b. Dangerous Tendency Rule c. Balancing of Interests Test 4. Assembly and Petition Freedom of Religion 1. Two guarantees 2. Non-establishment clause a. Exceptions b. Scope i. Adong v. Cheong Seng Gee ii. Laws which punish blasphemy iii. Islamic Dawah v. Exec. Sec. iv. Intramural religious dispute 3. Free Exercise clause a. Aspects of freedom of religious profession and worship i. Right to believe ii. Right to act according to ones belief 1. Compelling State Interest Test 2. State regulations on solicitations Liberty of Abode and of Travel

E.

F.

G.

H.

Outline of Nachuras ConstiLaw Outline For Portians Only NOTES:

1. Limitation on liberty of abode\

a. Villavicencio v. Lukban i. Ruby v. Provincial Board b. UDHR 13 2. Limitations on the right to travel a. Phil. Exporters v. Drilon b. Manotoc v. CA Right to Information 1. Scope 2. Need for publication reinforces the right 3. Some cases a. Aquino-Sarmiento v. Morato b. Echegaray v. Sec. of Justice c. In Re Coverage of Erap Plunder cases i. AVR only for documentary purpose, not for live or real-time broadcast d. Bantay RA 7941 v. Comelec e. Hilado v. Reyes Right to form associations 1. Scope a. Right to strike 2. Right not absolute Non-impairment Clause 1. Impairment must be substantial. Law must effect change in right of the parties with regard to each other, and not with respect to non-parties a. Impairment 2. Limitations a. Police Power b. Eminent Domain c. Taxation 3. Franchises, privileges, licenses do not come within the provision Free Access to Courts Miranda Doctrine 1. Source: Miranda v. Arizona 2. Rights available only during custodial investigation a. When does it begin b. Police Line-up c. Not custodial investigation d. Rights refer to testimonial compulsion only 3. What rights are available a. Remain silent b. Competent and independent counsel c. Informed of such rights d. Rights cannot be waived, except... e. No torture, force...which vitiates free will f. Secret detention places...prohibited g. Confessions/Admissions inadmissible i. Two kinds of coerced confessions 1. Coerced confessions 2. Uncounselled statements 4. Applicability 5. Waiver a. Must be in writing and made in the presence of counsel b. No retroactive effect c. Burden of proof d. What may be waived 6. Guidelines for Arresting/Investigating Officers. Must inform person of:

I.

J.

K.

L. M.

Outline of Nachuras ConstiLaw Outline For Portians Only NOTES:

a. In language known and understood by him, of the

reason for the arrest and he must be shown the warrant of arrest b. right to remain silent, and any statement made may be used against him c. right to be assisted at all times and have the presence of counsel d. if he has no counsel, he shall be provided with one e. custodial investigation only when there is counsel f. right to communicate or confer g. right to waive any rights provided h. waiver of right to a lawyer must be in writing and with assistance of a lawyer i. he may indicate any manner at any time or stage of the process that he does not wish to be questioned j. initial waiver does not bar him from invoking it at any time during the process k. any statement or evidence obtained in violation shall be inadmissible 7. Exclusionary Rule a. Fruit of the poisonous tree b. Receipt of seized property inadmissible c. Re-enactment of the crime d. Res gestae e. Waiver of exclusionary rule N. Right to Bail 1. Defined 2. When invoked 3. Exceptions a. When charged with an offense punishable by RP and evidence of guilt is strong b. Traditionally, not available to military 4. Duty of the court when accused charged with offense punishable by RP or higher 5. Bail is either a matter of right, or at the judges discretion, or it may be denied a. Bail, a matter or right b. Bail, when discretionary c. When shall be denied 6. Standards for fixing bail 7. Right to bail and travel abroad 8. Right to bail and extradition O. Constitutional Rights of the Accused 1. Criminal Due Process a. Mejia v. Pamaran b. Unreasonable delay in resolving complaint c. Impartial court or tribunal d. Right to a hearing e. People v. Webb f. Erap v. Sandiganbayan g. Plea of guilt to a capital offense h. State and offended party entitled to due process 2. Presumption of innocence a. Proof against accused must survive the test of reason b. When presumption not overcome c. Presumption of regularity cannot, by itself, prevail over constitutional presumption of innocence d. Logical connection between fact proved and ultimate fact presumed

Outline of Nachuras ConstiLaw Outline For Portians Only NOTES:

10

e. Presumption may be overcome by contrary

presumptions based on experience of human conduct f. Ong v. Sandiganbayan g. Circumstantial Evidence h. Equipoise Rule 3. Right to be heard by himself and by counsel a. The right to counsel during the trial is not subject to waiver b. Decision of conviction set aside when appointment of counsel was pro forma and counsel did not exert best efforts c. Some instances when right cannot be waived d. Preference in choice of counsel applies to person under investigation rather to accused in criminal prosecution e. Client bound by mistakes of lawyer, except when negligence or incompetence of counsel is deemed so gross as to have prejudiced the constitutional right of the accused 4. Right to be informed of the nature and cause of the accusation against him a. Rationale b. Requisites c. Void-for-vagueness rule d. Waiver 5. Right to speedy, impartial and public trial a. Speedy Trial b. Impartial Trial c. Public Trial 6. Right to meet witnesses face to face 7. Right to compulsory process to secure attendance of witnesses and production of evidence a. Requisites: i. Evidence is really material ii. Accused is not guilty of neglect in previously obtaining the production of such evidence iii. Evidence will be available at desired time iv. No similar evidence can be obtained 8. Trial in absentia a. When presence of accused mandatory i. Arraignment and plea ii. During trial for identification iii. During promulgation of sentence, unless for a light offense wherein accused may appear by counsel or representative P. Habeas Corpus 1. Defined 2. When available 3. Procedure 4. Grounds for suspension 5. Suspension does not suspend right to bail Q. Speedy Disposition of Cases 1. Cadalin v. POEA Administrator 2. BInay v. Sandiganbayan a. Licaros v. Sandiganbayan 3. Tilendo v. OMB 4. Roque v. OMB 5. Abadia v. CA

Outline of Nachuras ConstiLaw Outline For Portians Only NOTES:

6. Guerrero v. CA R. Self-incrimination 1. Availability 2. Scope 3. Immunity 4. Waiver S. Non-detention by reason of political beliefs or aspirations T. Involuntary Servitude 1. Reinforced by RPC 272 PM and 10K fine to anyone who shall purchase, sell, kidnap or detain human being for the purpose of enslaving him 2. Exceptions - punishment for a crime whereof one has been duly convicted - service in defense of the State - naval enlistment - posse comitatus - return to work order in industries affected with public interest - patria potestas U. Prohibited Punishments 1. Mere severity does not constitute cruel or unusual punishment 2. Death penalty is not a cruel or unusual punishment a. Plea of guilt in capital offenses 3. Automatic review V. Non-imprisonment for Debt 1. Serafin v. Lindayag 2. Lozano v. Martinez 3. People v. Judge Nitafan W. Double Jeopardy 1. Requisites a. Valid complaint or information b. Filed before a competent court c. To which the defendant had pleaded i. When the accused, after pleading guilty, testified to prove MC, the testimony had the effect of vacating his plea of guilty d. Defendant was previously acquitted or convicted, or the case dismissed or otherwise terminated without his express consent i. Mere filing of two informations or complaints charging the same offense does not yet place the accused in double jeopardy ii. No double jeopardy where the accused was sentenced to plea bargaining approved by the court but without the consent of the fiscal. (fiscal consent necessary) iii. Promulgation of only one part of the decision is not a bar to the promulgation of the other part iv. Dismissal of action Permanent dismissal Provisional dismissal 1. When the ground for the motion to dismiss is insufficiency of evidence 2. When the proceedings have been unreasonably prolonged as to violate

11

Outline of Nachuras ConstiLaw Outline For Portians Only NOTES:

the right of the accused to speedy trial v. Revival of criminal cases provisionally dismissed vi. Appeal by the prosecution 1. Three relate protections provided by DJ a. Against a second prosecution for the same offense after acquittal b. --- after conviction c. Against multiple punishments for the same offense 2. After trial on the merits, an acquittal is immediately final and cannot be appealed. The only exception; mistrial resulting in denial of due process 3. Court acted without JD when it dismissed the case merely because none of the witnesses notified by the court appeared during pre-trial vii. Discharge of co-accused viii. Where the judge amended her decision of acquittal because she overlooked the testimony of a witness, the amended decision is void 4. Crimes Covered 5. Doctrine of supervening event a. Not a bar when: - graver offense developed due to supervening facts arising from the same act or omission - the facts constituting the graver offense arose or were discovered only after the filing of the former complaint or information - the plea of guilty to a lesser offense was made without the consent of the fiscal or the offended party Ex-Post Facto Law and Bill of Attainder 1. Ex Post Facto Law a. Kinds i. Makes criminal action done before the passage of the law and which was innocent when done, and punishes such action ii. Aggravates a crime, makes it greater than it was when committed iii. Changes punishment and inflicts greater punishment iv. Alters legal rules of evidence and receives less or different testimony than the law required at the time of commission of the offense in order to convict v. Assuming to regulate civil rights, imposes a penalty or deprivation of right for something which when done was lawful

12

X.

Outline of Nachuras ConstiLaw Outline For Portians Only NOTES:

Deprives accused of a crime of some lawful protection to which they have become entitled, such as the protection of a former conviction or acquittal, or of a proclamation of amnesty b. Characteristics i. Refers to criminal matters ii. Retroactive, and iii. Prejudices the accused c. Some Cases 2. Bill of Attainder a. Defined legislative act that inflicts punishment without trial b. Characteristics substitutes legislative fiat for a judicial determination of guilt Anti-Subversion Act is not a Bill of Attainder because it does not specify the Communist Party or its members for the purpose of punishment, it simply declares the party to be an organized conspiracy to overthrow the government VII. CITIZENSHIP A. General Principles 1. Defined 2. Usual modes of acquiring citizenship 3. Modes (by birth) applied in the Philippines a. Before 1935 Constitution i. Jus Sanguinis ii. Jus soli b. After 1935 Constitution i. Jus sanguinis 4. Natural-born citizens 5. Marriage by Filipino to an alien 6. Policy against dual allegiance 7. Attack on ones citizenship may be made only through a direct proceeding 8. Res judicata in citizenship cases B. Citizens of the Philippines 1. Those citizens of the Philippines at the time of the 1987 Constitution a. Valles v. COMELEC b. Roa doctrine c. Caram provision 2. Those whose mothers or fathers are citizens of the Philippines 3. Those born before Jan. 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority a. Procedure for election b. When to elect c. Cu v. RP d. Villahermosa v. Commissioner of Immigration e. RP v. Chule Lim 4. Those naturalized in accordance with law C. Naturalization 1. Modes of naturalization a. Direct b. Derivative 2. Doctrine of indelible allegiance

13

vi.

Outline of Nachuras ConstiLaw Outline For Portians Only NOTES:

3. Direct naturalization under Philippine laws 4. Naturalization under CA 473 a. Qualifications b. Disqualifications c. Procedure d. Effects of Naturalization e. Denaturalization 5. Naturalization by direct legislative action 6. Administrative Naturalization D. Loss and Reacquisition of Philippine Citizenship (CA 63) 1. Loss of citizenship a. By naturalization in a foreign country b. By express renunciation of citizenship c. By subscribing to an oath of allegiance d. By rendering service to or accepting commission in the armed forces of a foreign country e. By cancellation of the certificate of naturalization f. By having been declared by competent authority a deserter of the Philippine armed forces in time of war 2. Reacquisition of citizenship a. Taking oath or allegiance b. By naturalization c. By repatriation d. By direct act of Congress VIII. THE LEGISLATIVE DEPARTMENT A. The Legislative Power 1. Definition 2. Where Vested a. Congress to provide a system of initiative and referendum i. Enabling Act 1. Initiative and Referendum defined 2. Prohibited measures 3. Local Initiative 4. Limitations on Local Initiative B. Congress 1. Composition 2. Bicameralism v. Unicameralism C. Senate 1. Composition 2. Qualifications 3. Term of Office a. Limitation D. House of Representatives 1. Composition a. District representatives b. Party-list representatives c. Sectoral representatives 2. Apportionment of legislative districts a. Inhabitants b. Territory c. Reapportionment i. Mariano v. Comelec Tobias v. Abalos ii. Montejo v. Comelec iii. Sema v. Comelec 3. Qualifications

14

Outline of Nachuras ConstiLaw Outline For Portians Only NOTES:

a. IRM v. Comelec b. Aquino v. Comelec c. Coquilla v. Comelec 4. Term of Office 5. The Part-List System a. Definition of Terms i. Party ii. Political party iii. Sectoral party iv. Sectoral organization v. Coalition b. Registration; Manifestation to participate c. Refusal and/or Cancellation of Registration d. Nomination of Representatives e. Qualifications of Nominees f. Manner of Voting i. Bantay RA v. Comelec g. Number i. Veterans v. Comelec 1. PM and Butil v. Comelec ii. Ang Bagong Bayani v. Comelec h. Choosing a Representative i. Effect of change of affiliation j. Vacancy k. Term of office; rights Election 1. Regular 2. Special Salaries Privileges 1. Freedom from arrest a. RPC 145 b. People v. Jalosjos c. Trillanes v. Pimentel 2. Privilege of speech and debate a. Osmena v. Pendatun Disqualifications 1. Incompatible office 2. Forbidden office Other inhibitions 1. Appearing personally as counsel 2. Full disclosure Sessions 1. Regular 2. Special 3. Joint a. Voting separately i. Choosing the president ii. Determine presidents disability iii. Confirming nomination of the VP iv. Declaring existence of a state of war v. Proposing constitutional amendments b. Voting jointly 4. Adjournment Officers Quorum Rules of Proceedings Discipline of members Records and books of accounts Legislative Journal and the Congressional Record 1. Entered in the journal

15

E. F. G.

H. I. J.

K. L. M. N. O. P.

Outline of Nachuras ConstiLaw Outline For Portians Only NOTES:

2. Enrolled Bill Theory Q. Electoral Tribunals 1. Composition a. HRET b. SET c. Doctrine of Primary Jurisdiction 2. Power a. Sampayan v. Daza b. Vinzons-Chato v. Comelec c. ET independent of the Houses. Its decisions may not be reviewed by the SC, except when there is grave abuse of discretion R. Commission on Appointments 1. Composition 2. Powers S. Powers of Congress 1. General/Plenary legislative power 2. Appropriation 3. Taxation 4. Legislative Investigation 5. Question Hour 6. War Powers 7. Act as Board of Canvassers in Election of President 8. Call special election for President and VP 9. Judge presidents physical fitnessto discharge the functions of the Presidency 10. Revoke or extend suspension of the privilege of WHC or declaration of martial law 11. Concur in Presidential amnesties. 12. Concur in treaties or international agreements 13. Confirm appointments/nominations made by the President 14. Impeachment 15. Relative to natural resources 16. Propose amendments to the Constitution IX. THE EXECUTIVE DEPARTMENT A. The President 1. Qualifications 2. Election a. Regular b. Congress as canvassing board i. Overseas Absentee Voting Act ii. Lopez v. Senate: Congress may delegate initial determination of authenticity and due execution of certificates of canvass to a Joint Congressional Committee iii. Pimentel v. Joint Committee iv. Brillantes v. COMELEC c. Supreme Court as PET 3. Term of Office 4. Oath of Office 5. Privileges a. Official Residence b. Salary c. Immunity from Suit i. Estrada v. Desierto ii. Gloria v. CA d. Executive Privilege

16

Outline of Nachuras ConstiLaw Outline For Portians Only NOTES:

i. Senate v. Ermita ii. Neri e. Prohibitions/Inhibitions 6. Prohibitions/Inhibitions a. Shall not receive any other emoluments from the government or any other source i. Republic v. Sandiganbayan b. Unless provided in the Constitution, shall not hold any other office or employment c. Not directly or indirectly practice any other profession, participate in business, or be financially interested in any contract/franchise/privilege granted by government d. Avoid conflict of interest e. Not appoint spouse or relatives by consanguinity or affinity within the fourth civil degree. 7. Rules on Successions a. Vacancy at the beginning of the term i. Death or permanent disability ii. Fails to qualify iii. Not chosen iv. Senate President, then Speaker, then Congress-chosen succeeds b. Vacancy during term i. Death, permanent disability, removal from office, resignation of President 1. Erap v. GMA: ii. Death, permanent disability, removal from office, resignation of President and VP c. Temporary disability d. Constitutional duty of Congress in case of vacancy in the offices of President and Vice-President 8. Removal of the President BY impeachment B. The Vice-President 1. Qualifications, election, term of office, removal 2. Vacancy in the office of the Vice-President C. Powers of the President 1. The Executive Power a. NEA v. CA: b. Authority to reorganize the OP c. Executive power vested in the President d. Malaria Employees v. Romulo e. Not for the President to determine the validity of a law 2. Power of Appointment a. Appointment b. Appointments, classified i. Permanent or Temporary i.a. Valencia v. Peralta i.b. Binamira v. Garrucho ii. Regular or ad interim ii.a. PLM v. IAC ii.b. Matibag v. Benipayo c. Officials appointed by President i. President shall nominate, with Commission on Appointments Heads of executive departments - Ambassadors, other public ministers and consuls Officers of armed forces from colonel

17

Outline of Nachuras ConstiLaw Outline For Portians Only NOTES:

to navy captain Those whose appointment vested by the Constitution i.a. Sarmiento v. Mison: ii.b. Spriano v. Lista ii. President shall appoint - All other appointments not provided by law - Authorized to appoint ii.a. Bautista v. Salonga: ii.b. Tarrosa v. Singson: ii.c. Rufino v. Endriga: d. Steps in the appointing process Nomination by the President Confirmation by the CoApp Issuance of the commission Acceptance by the appointee e. Discretion of Appointing Authority Pimentel v. Ermita f. Special Constitutional Limitations on the Presidents appointment power May not appoint spouse and 4dra/c as ConComm member, OMB, Usec, Bureau/Office chair/heads, including GOCCs Appointments by acting President ineffective unless revoked by Presidentelect within 90 days from assumption of office 2 months before next presidential election, President shall not appoint, except temporary appointments to executive positions where continued vacancies will prejudice public service or endanger safety De Rama v. CA In Re Mateo Valenzuela g. Power of Removal ii. CSC members appointed by President may be directly disciplined by him iii. Cabinet members may be replaced any time, term expired Power of Control a. Control i. Malaria Employees v. Romulo b. Alter-ego principle i. Lacson-Magallanes v. Pano ii. DENR v. DENR Region 12 iii. Gloria v. CA c. Appeal d. Power exercised over acts, not actors e. SBMA under OP f. Control of Justice Secretary over prosecutors g. General supervision over LGUs Judge Dadole v. COA Drilon v. Lim Pimentel v. Aguirre Military Powers a. Commander-in-chief clause i. Gudani v. Senga -

18

3.

4.

Outline of Nachuras ConstiLaw Outline For Portians Only NOTES:

ii. Call out armed forces to prevent or suppress lawless violence, invasion or rebellion iii. Organize courts martial for the discipline of AFP members, create military commissions for the punishment of war criminals Olaguer v. Military Commission Navales v. General Abaya Gudani v. Senga b. Suspension of privilege of writ of habeas corpus i. Grounds ii. Duration iii. Duty of President iv. Congress may revoke or extend effectivity of proclamation by majority vote, voting jointly v. Supreme Court may review vi. Not impair right to bail vii. Applies only to persons judicially charged for rebellion or offenses inherent or directly connected with invasion viii. During suspension of writ, any person thus arrested/detained shall be judicially charged within 3 days, otherwise, he shall be released c. Martial Law Constitutional limitations same as suspension of PWHC Pardoning Power a. Definitions i. Pardon ii. Commutation iii. Reprieve iv. Parole v. Amnesty b. Exercise by the President c. Limitations on exercise i. Cannot be granted in cases of impeachment ii. Cannot be granted in cases of violation of election laws without favorable recommendation of the COMELEC iii. Can be granted only after conviction by final judgment iv. Cannot be granted in cases of legislative contempt or civil contempt v. Cannot absolve the convict of civil liability vi. Cannot restore public offices forfeited d. Pardon, classified i. Plenary or partial ii. Absolute or conditional Conditional pardon is a contract between the Chief Executive and the convicted criminal e. Amnesty i. People v. Patriarca ii. Vera v. People iii. People v. Casido Borrowing Power Diplomatic Power a. Commissioner of Customs v. Eastern Sea Trading b. Bayan v. Executive Secretary Budgetary Power Informing Power

19

5.

6. 7. 8. 9.

Outline of Nachuras ConstiLaw Outline For Portians Only NOTES:

10. Other Powers a. Call Congress to a special session b. Power to approve or veto bills c. Consent to deputation of government personnel by the COMELEC d. Discipline such deputies e. By delegation from Congress, emergency powers f. General supervision over LGUs and autonomous regional governments X. JUDICIAL DEPARTMENT A. The Judicial Power 1. Defined a. Political question outside the territory of courts b. Tocao v. CA c. De Leon v. CA 2. Where Vested 3. Jurisdiction a. Congress has the power to define, prescribe, and apportion the jurisdiction of various courts, but may not deprive the SC of its JD over cases enumerated in Art. 8, Sec. 5 b. No law shall be passed increasing the appellated jD of the SC as provided in the Constitution without its advice and concurrence B. Constitutional Safeguards to Insure Independence of the Judiciary 1. SC is a constitutional body; it may not be abolished by the legislature 2. SC members removable only by impeachment 3. SC may not be deprived of its minimum original and appellate JD; appellate JD may not be increased without advice and concurrence 4. SC has administrative supervision over all inferior courts and personnel 5. SC has exclusive power to discipline judges and justices of inferior courts 6. Judiciary members have security of tenure 7. Members of the Judiciary may not be designated to any agency performing quasi-judicial or administrative functions 8. Salaries of judges may not be reduced; the Judiciary enjoys fiscal autonomy Fiscal autonomy contemplates a guarantee of flexibility to allocate and utilize their resources. DBM cannot downgrade the positions and salary grades of two positions in the PhilJA. 9. Only the SC may initiate and promulgate the ROC 10. Only the SC may order temporary detail of judges 11.The SC can appoint all officials and employees of the Judiciary C. The Power of Judicial Review/Inquiry D. Appointment to the Judiciary 1. Qualifications a. Supreme Court b. Lower Collegiate Courts c. Lower Courts 2. Procedure for Appointment a. Appointed by the President from a list of at least 3

20

Outline of Nachuras ConstiLaw Outline For Portians Only NOTES:

nominees prepared by the JBC for every vacancy; appointment does not need confirmation b. Vacancy in the SC to be filled within 90 days from occurence thereof c. For lower courts, President shall issue appointment within 90 days from submission by the JBC from such list. Midnight appointment prohibition applies. 3. The Judicial and Bar Council a. Composition i. Ex-officio members: CJ as Chair, Justice Secretary, representative from Congress ii. Regular members: IBP representative, Law professor, retired SC justice, private sector representative iii. Secretary ex-officio: SC clerk b. Appointment: Regular members appointed by the President for a term of 4 years, with CoApp consent. SC determines emoluments. c. Powers/Functions: Recommend appointees to the Judiciary. Those assigned by the SC The Supreme Court 1. Composition 2. En Banc/Division Cases a. En banc b. Division 3. Powers a. Original jurisdiction b. Appellate jurisdiction c. Temporary assignment of judges d. Order change of venue e. Rule-making power f. Power of Appointment g. Power of Administrative Supervision h. Annual Report 4. Consultations/SC Decisions a. Conclusions submitted for decision shall be reached in consultation before the case is assigned to a member for writing the opinion. Certification to this effect issued by CJ. Reqt applicable to lower collegiate courts. b. Decision shall state clearly and distinctly the facts and the law on which it is based c. No petition for review or MR shall be refused due course or denied without stating the legal basis therefor Tenure of Judges/Justices 1. Supreme Court 2. Lower Courts Salaries Periods for Decision 1. All cases filed after the effectivity of the Constitution must be decided or resolved, from date of submission, within: SC 24 months Lower collegiate courts 12 months Lower courts 3 months In the last 2, SC may reduce + certification stating reason for delay 2. Despite expiration of the mandatory period, the court,

21

E.

F. G. H.

Outline of Nachuras ConstiLaw Outline For Portians Only NOTES:

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 3. Period merely directory, being procedural in nature XI. CONSTITUTIONAL COMMISSIONS A. General Provisions 1. The independent constitutional commissions are the CSC, COMELEC and COA 2. Safeguards insuring the independence of the Commissions a. They are constitutionally creates; may not be abolished by statute b. Independent c. Conferred certain powers and functions which cannot be reduced by statute d. Chairmen and members cannot be removed, except by impeachment e. Chairmen and members given 7 year-terms f. Chairmen and members may not be reappointed or appointed in an acting capacity i. When an ad interim appointment is not confirmed, another ad interim appointment may be extended to the appointee without violating the Constitution g. Salaries of the chair and members are relatively high and may not be decreased during office h. Commissions enjoy fiscal autonomy i. Congress is not prohibited from reducing the appropriations of the ConComs below the amount appropriated for them for the previous year j. May promulgate own procedural rules, provided, they do not diminish, increase or modify substantive rights k. Chair and members subject to certain disqualifications calculated to strengthen their integrity l. May appoint their own officials and employees in accordance with Civil Service Law 3. Inhibitions/Disqualifications a. Not hold any other office or employment during tenure b. Not engage in the practice of any profession c. Not engage in the active management or control of any business which in any way may be affected by the functions of his office d. Not be financially interested in any contract with or in any franchise or privilege granted by the Government, any of its subdivisions, agencies or instrumentalities, including GOCCs or their subsidiaries 4. Rotational Scheme of Appointments First appointees to serve 7,5,3 years resp. to prevent the possibility of one President appointing all the Commissioners. Two conditions: i. Terms if the first Commissioners should start on a common date

22

Outline of Nachuras ConstiLaw Outline For Portians Only NOTES:

ii. Any vacancy due to death, disability or recognition before the expiration of the term should be filled only for the unexpired balance of the term 5. Decisions a. Majority vote, within 60 days from the date of submission for decision or resolution i. All members, not limited to those who participated in the deliberations and voted therein ii. When Commissioners who participated in the deliberations retired before promulgation, their votes shall be considered withdrawn. iii. 60-day period; framers did not intend overly strict adherence b. Any decision, order or ruling of each Commission may be brought to the SC on certiorari within 30 days from receipt of copy i. When SC reviews Comelec decision ~ extraordinary JD; proceeding limited to grave abuse; Rule 65 is the proper remedy ii. Only when COA acts without or in excess of JD, or with grave abuse of discretion amounting to lack or excess of JD< may the court entertain a petition for certiorari under Rule 65 iii. Final resolutions of the CSC shall be appealable by certiorari to the CA within 15 days from the receipt of a copy thereof. From the CA, 45 to SC. 6. Enforcement of Decision Final decisions of the CSC are enforceable by a writ of execution that the CSC may itself issue. B. The Civil Service Commission 1. Composition Chair + 2 Commissioners - natural-born - 35 yo at time of appointment - proven capacity for pubad - not a candidate for any elective position in the immediately preceding election Appointed with the consent of the CoApp for 7 years without reappointment. 2. Constitutional Objectives/Functions - Central personnel agency - Power to hear and decide admin cases instituted before it directly or on appeal, including contested appointments - CSC has original JD to hear and decide a complaint for cheating in the CS exams it gave - decisions of lower level officials appealed to agency head, then to CSC. RTC NO JD over personnel actions 3. Scope all BISA of the Govt, inc. GOCCs with original charters (chartered by special law) 4. Classes of Service a. Career Service entrance based on merit, or on highly techinical qualifications; opportunity for advancement to higher positions; security of tenure Open career positions qualification from exam Closed career positions scientific or highly techinical

23

Outline of Nachuras ConstiLaw Outline For Portians Only NOTES:

24

Career Executive Service Usec, Bureau directors Career Officers appointed by the President AFP Personnel of GOCCs with original charters Permanent laborers i. Career Executive Service ii. Security of Tenure in CES, requisites: 1. CES eligibility 2. Appointment to the appropriate rank * A CES officer may be transferred or reassigned from one position to another without losing his rank which follows him b. Non-Career Service based on other than usual tests; tenure limited to period specified by law, or coterminus Elective officials, their personal and confidential staff Department heads, cabinet rank and their personal and confidential staff Chair and members of Commissions with fixed term of office and their personal and confidential staff Contractual personnel Emergency and seasonal personnel CSC empowered to declare positions in the Civil Service as primarily confidential 5. Appointments in the Civil Service merit + competitive exams (xc. Policy determining, primarily confidential [proximity rule; close intimate relationship which ensures freedom of discussion], or highly technical positions as determined by the nature of the position) GR: A permanent appointment can issue only to a person who possesses all the requirements XC: Where appointed merely in a temporary capacity for a period of 12 months to prevent a hiatus 6. Disqualifications - Loser, 1 year after elections - Elective official - City Mayor cannot be appointed Administrator of SBMA - Appointive officials, any other office in the Govt... 7. Security of Tenure GR: No officer or employee of the civil service shall be removed or suspended except for cause provided by law a. Non-compliance with the Civil Service Law constitutes denial of the right to security of tenure i. Presidential appointee under direct disciplinary of the President ii. Uncontested transfer resulting in demotion in rank or salary is a violation of the security of tenure iii. Illegally dismissed employee ordered reinstated considered not having left his office entitled to backwages 1. XC where reinstatement was not a result of exoneration but of liberality 2. Payment of backwages during suspension of a civil servant who

Outline of Nachuras ConstiLaw Outline For Portians Only NOTES:

is subsequently reinstated only awarded when he is found innocent and the suspension is unjustified iv. Security of tenure in Career Executive Service pertains only to rank, not to position b. Valid abolition of office does not violate security of tenure i. Reorganization does not necessarily result in abolition of the office, and does not justify the replacement of permanent officers and employees c. A career service officer unlawfully ousted from office only has 1 year to file an action in court to recover his office (otherwise, right prescribes) d. Summary dismissal under Civil Service Law: - repealed e. Appellate JD of CSC - Merit System Protection Boardss decision in administrative disciplinary cases involving imposition of suspension, fine, demotion, transfer, removal or dismissal --- NOT over MSPB decisions exonerating the respondent - can be made only by the party affected by the MSPB decision f. GR: He who, while occupying one office, accepts an incompatible office, ipso fact vacates the firt office and his title is terminated without any other act of proceeding i. Canonizado v. Aguirre: Removal by virtue of a constitutionally infirm act negates a finding of voluntary relinquishment 8. Partisan Political Activity a. Applies also to military b. Exempt: Cabinet members, public officers and employees holding political offices 9. Right to Self-Organization a. Government employees not allowed to strike 10. Protection to Temporary Employees 11. Standardization of Compensation fixed by Congress 12. Double Compensation 13. Oath of Allegiance C. The COMELEC 1. Composition a. Composition b. En banc and division cases i. Cases heard and decided indivision: ii. Exceptions iii. In election cases, Comelec division should hear first, provided exercises its adjudicatory or quasi-judicial functions iv. Comelec decisions reviewable by SC c. Comelec en banc promulgates rules concerning pleadings and practice before it or any of its offices, but may not diminish, increase or modify substantive rights 2. Constitutional powers and functions a. Enforce and administer all laws and regulations

25

Outline of Nachuras ConstiLaw Outline For Portians Only NOTES:

relative tot he conduct of an election, plebescite, initiative, referendum or recall i. Definitions 1. Initiative 2. Referendum 3. Recall 4. Plebescite ii. Broad powers iii. Regulatory power iv. No pardon, amnesty, parole for violation of election laws granted by President without Comelec recommendation v. Comelec cannot exercise power of apportionment vi. Power to declare failure of elections vii. Petition to declare failure of elections, reqts: 1. No voting taken place in the precinct on the date fixed by law, or even if there was voting, election resulted in failure to elect, and 2. Votes cast would not affect the results of the election viii. Comelec unauthorized to make an unofficial quick count of presidential election results Exclusive original JD over all contests relating to the election, returns, qualifications of all elective regional, provincial, city officials. Exclusive appellate JD over all contests involving elective municipal officials decided by the RTC, or involving brgy. Officials decided by the MTC, and decisions therein shall be final, executory and unappealable. i. Exclusive JD over pre-proclamation cases. JD of the Electoral Tribunal is exercised over members of House or Senate, and a party to the election controversy is a member of the House or Senate only after he has been proclaimed, has taken his oath and assumed the functions of the office. ii. Comelec is without the power to partially or totally annul a proclamation or to suspend the effects of a proclamation without notice and hearing iii. Comelec has power to issue writs of prohibition, mandamus and certiorari in the exercise of its exclusive appellate JD iv. RTCs and MTCs cannot have JD over electoral cases involving elective brgy. Officials 1. Appeal to Comelec from RTC must be filed within 5 days from receipt of decision. MR of RTC prohibited. 2. Filing Notice of Appeal not enough, appeal fee must be paid to the Comelec. If fee not paid, Comelec can dismiss outright or wait for fee to be paid and give

26

b.

Outline of Nachuras ConstiLaw Outline For Portians Only NOTES:

petition due course 3. Comelec has authority to suspend reglementary periods provided by its rules v. Comelec cannot deprive RTC of its competence to order execution of judgment pending appeal 1. RTC may grant motion for execution pending appeal when there are valid and special reasons like: public interest/will of electorate - shortness of the remaining term - length of time that election contest has been pending 2. However, provision that allows execution pending appeal must be strictly construed against the movant. 3. Motion should be filed before expiration of the period for appeal vi. Comelec has power to cite for contempt, but the power may be exercised only while it is engaged in the performance of quasijudicial functions vii. SC has power to review appellate final (not interlocutory) decisions of the Comelec c. Decide, save those involving the right to vote, all questions affecting elections, including determination of the number and location of polling places, appointment of election officials and inspectors, and registration of voters i. Changes in the location of polling places may be initiated by written petition of majority of the voters or by agreement of political parties, but Comelec has final say ii. Comelec may decide a question involving the right to vote, but its decision shall be subject to judicial review iii. Decisions/determinations made by Comelec in the exercise of its administrative power may be questioned in ordinary civil action before trial courts d. Deputize, with the concurrence of the President, law enforcement agencies and instrumentalities for the exclusive purpose of ensuring free, orderly, honest, peaceful and credible elections - May recommend to the President the removal of any officer it has deputized, or the imposition of any other sanction, for disobedience, violation or disregard of its orders e. Register, after sufficient publication, political parties, organizations or coalitions which must present their platform or program of government, accredit citizens arms i. Definitions 1. Political Party organized group of citizens advocating an ideology or platform, principles and policies for the general conduct of government

27

Outline of Nachuras ConstiLaw Outline For Portians Only NOTES:

a. National party b. Regional party c. Sectoral party 2. Sectoral organization group of citizens who share similar physical attributes or characteristics, employment, interests or concerns 3. Coalition aggrupation of dulyregistered national, regional, sectoral parties or organizations for political and or election purpose ii. Groups which cannot be registered 1. Religious denominations or sects 2. Those who seek to achieve their goals through violent or unlawful means 3. Those who refuse to uphold and adhere to the Constitution 4. Those supported by foreign governments iii. Grounds for cancellation of registration 1. (1) to (4) above 2. It is a foreign party or organization 3. It violates or fails to comply with laws, rules and regulations relating to elections 4. Declares untruthful statements in its petition 5. Has ceased to exist for at least one year 6. Fails to participate in the last 2 preceding elections, or fails to obtain at least 2% of votes cast under the party-list system in the 2 preceding elections iv. Ang Bagong Bayani guidelines for registration 1. The party must represent a marginalized or underrepresented sector or group identified in Sec. 5 of RA 7941 2. Major political parties must comply with the declared statutory policy of enabling Filipino citizens belonging to marginalized and underrepresented sectors to be elected to the House 3. Religious sector may not be represented 4. Party not disqualified under Sec. 6 of RA 7941 5. Party must not be an adjunct of, or a project organized, or entity funded by the Government 6. Party and its nominees must comply with the requirements of the law 7. Nominees must represent marginalized and underrepresented

28

Outline of Nachuras ConstiLaw Outline For Portians Only NOTES:

8. Nominee must be able to contribute to the formulation and enactment of appropriate legislation which will benefit the nation f. File, upon a verified complaint, or on its own initiative, petitions in court for the inclusion or exclusion of voters; investigate and, where appropriate, prosecute cases of violations of election laws i. Comelec may delegate to Provincial Fiscal the investigation and prosecution of violations f election laws ii. Power includes authority to decide whether or not to appeal the dismissal of a criminal case by the trial court g. Recommend to Congress effective measures to minimize election spending, including limitation of places where propaganda materials shall be posted, and to prevent and penalize all forms of election frauds, offenses, malpractice and nuisance candidates h. Submit to the President and Congress a comprehensive report on the conduct of election, plebiscite, initiative, referendum or recall 3. Statutory powers a. Exercise supervision and control over officials required to perform duties relative to the conduct of elections b. Promulgate rules and regulations c. Punish contempt d. Inquire into financial records of candidates, groups e. Prescribe forms to be used in elections f. Procure supplies and materials needed fo rthe elections g. Enlist non-partisan groups to assist it h. Fix periods for pre-election requirements i. Declare failure of election; call for special elections i. Sitting en banc, majority vote ii. Motu propio or upon verified petition iii. Summary hearing 4. Party System 5. Election Period commences 90 days before the election and ends 30 days thereafter, unless otherwise fixed by the Comelec in special cases 6. Judicial Review of Comelec decisions to SC via 65, 30 days from receipt of final order, ruling or decision of Comelec en banc D. The COA 1. Composition/Appointment a. Chair + 2 Commissioners. Natural-born. 35 yo. CPAs with not less than 10 years of auditing experience of members of the Philippine bar with at least 10 years practice of law. Not candidates in the election preceding. b. Appointed by the President with consent of the CoApp c. Term of 7 years without reappointment 2. Powers and Duties a. Examine, audit and settle all accounts pertaining to

29

Outline of Nachuras ConstiLaw Outline For Portians Only NOTES:

the revenue and receipts of, and expenditures or uses of funds and property owed and held in trust or pertaining to the Government b. Keep general accounts of the Government, and preserve vouchers and supporting papers for such period provided by law c. Authority to define the scope of its audit and examination, establish techniques and methods required thereof d. 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 Jurisdiction government entity or investment of public funds

30

3.