Political Reviewer Nachura

7/24/2019 Political Reviewer Nachura

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I. GENERAL PRINCIPLES

A. Political Law branch of public law which deals with theorganiation and operations of the go!ern"ental organs of the State and

defines the relations of the State with the inhabitants of its territor#.

$. Scope%&i!ision'(Constitutional Law stud# of the "aintenance of the proper balance

between authorit# as represented b# the ) inherent powers of the Stateand libert# as guaranteed b# the $ill of Rights

*(Administrative Law +i,es the organiation of the go!ern"ent-&eter"ines the co"petence of the ad"inistrati!e authorities who e,ecute

the law- and Indicates to the indi!iduals re"edies for the !iolation of hisright.

)(Law on Municipal Corporations

(Law of Public Officers/(Election Law

C. $asis of the Stud#1)1935 and 193 Constitution

!)19"# Constitution

3)Ot$er or%anic laws made to appl& in t$e P$ilippines

')(tatutes EOs and decrees *udicial decisions

5)+( Constitution

II. 01E P1ILIPPINE C2NS0I030I2NA. Nature of the Constitution1, Constitution defined,0he bod# of rules and "a,i"s in accordance with

which the powers of so!ereignt# are habituall# e,ercised.0hat written instru"ent enacted b# the direct action of the people4 b# which

the funda"ental powers of the go!ern"ent are established4 li"ited and

defined- and b# which those powers are distributed a"ong se!eral

depart"ents for their safe and useful e,ercise for the benefit of the bod#politic.

!, Purpose-

0o prescribe per"anent fra"ewor5 of a s#ste" of go!ern"ent-

0o assign to se!eral depart"ents their respecti!e powers and duties- and

0o establish certain first principles on which the go!ern"ent is founded

3, Classification

.ritten precepts are e"bodied in one docu"ent% set of docu"ents

+nwritten rules which ha!e not been integrated into a single4 concrete

for" but are scattered in !arious sources 6statutes4 7udicial decisions4

co""entaries4 custo"s and traditions4 co""on law principles(.

Enacted /Conventional) for"all# struc5 off at a definite ti"e and

place following a conscious or deliberate effort ta5en b# a constituent

bod# or ruler.

Evolved /Cumulative) result of political e!olution4 changing b#

accretion rather than b# an# s#ste"atic "ethod.

0i%id a"ended onl# b# for"al and usuall# difficult process

le2ible changed b# ordinar# legislation

', ualities of a %ood written Constitution'(4road it "ust be co"prehensi!e enough to pro!ide for e!er#

contingenc#.*(4rief it "ust confine to basic principles to be i"ple"ented with

legislati!e details "ore ad7ustable to change and easier to a"end

)(efinite 0o pre!ent a"biguit# in its pro!isions which could result inconfusion and di!isi!eness a"ong the people.

5, Essential parts of a %ood written Constitution

'(Constitution of Libert& 0he series of prescriptions setting forth thefunda"ental ci!il and political rights of the citiens and i"posing

li"itations on the powers of the go!ern"ent as a "eans of securing the

en7o#"ent of those rights.

*(Constitution of 6overnment 0he series of pro!isions outlining theorganiation of the go!ern"ent- enu"erates its powers- and la# down

rules relati!e to its ad"inistration and defining the electorate.

)(Constitution of (overei%nt& 0he pro!isions points out the "ode orprocedure in accordance with for"al changes in the funda"ental law"a# be brought about

#, 7nterpretation8Construction of t$e Constitution

erba le%is-the words used in the constitution "ust be gi!en their

ordinar# "eaning e,cept where technical ter"s are e"plo#ed

0atio le%is et anima- 0he words of the constitution should be

interpreted in accordance with the intent of the fra"ers4 bearing in"ind the ob7ects sought to be acco"plished and e!ils sought to be

pre!ented- doubtful pro!ision shall be e,a"ined in light of the histor#

of the ti"es and the conditions and circu"stances under which the

Constitution was fra"ed

+t ma%is valeat :uam pereat-0he Constitution has to be interpreted

as a whole

Safer to construe the Constitution fro" what 8appears upon its face.9 If4howe!er4 the plain "eaning of the word is not found to be clear4 resort to

other aids is a!ailable.

In case of doubt4 consider pro!isions as self:e,ecuting- "andator# ratherthan director#- and prospecti!e rather than retroacti!e.

(elf;e2ecutin% provisions-A pro!ision which is co"plete in itself and

beco"es operati!e without the aid of supple"entar# or enabling

legislation4 or that which supplies a sufficient rule b# "eans of which

the right it grants "a# be en7o#ed or protected4 is self:e,ecuting.

Self:e,ecuting if the nature and e,tent of the right conferred and liabilit#

i"posed are fi,ed b# the Constitution itself.

Section *;4 Article II of the Constitution does N20 contain 7udiciall#enforceable constitutional rights.

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iii. People t$rou%$ Power of 7nitiative4 ReuisiteB petition of at least

'*F of the total nu"ber of registered !oters4 of which e!er#

legislati!e district "ust be represented b# at least )F of theregistered !oters therein power of the people to propose

a"end"ents to the Constitution or to propose and enact legislation

through an election called for that purpose

Li"itationB No a"end"ent w%in / #ears following the ratification of this

Constitution nor "ore than once e!er# fi!e #ears thereafter.

7nitiative is the power of the people to propose a"end"ents to the

Constitution or to propose and enact legislation through an election called

for that purpose

3 s&stems of initiative-

'.7nitiative on t$e Constitution-which refers to a petition proposing

a"end"ents to the Constitution-

*.7nitiative on (tatutes-which refers to a petition proposing to enact anational legislation-

).7nitiative on Local Le%islation-which refers to a petition proposing to

enact a regional4 pro!incial4 cit#4 "unicipal or baranga# law4 resolution

or ordinance

7ndirect 7nitiative is e,ercise of initiati!e b# the people through a

proposition sent to Congress or the local legislati!e bod# for action.

Procedure-0he essence of a"end"ents directl# proposed b# the people

through initiati!e upon a petition is that the entire proposal on its face is a

petition of the people. 0hus4 two essential ele"ents "ust be presentB'(0he people "ust author and sign the entire proposal- no agent or

representati!e can sign in their behalf.

*(As an initiati!e upon a petition4 the proposal "ust be e"bodied in the

petition.

People=s initiative applies onl& to an amendment not a revision of t$e

Constitution,A peoples initiati!e can onl# proposed a"end"ents to the

Constitution4 inas"uch as the Constitution itself li"its initiati!es toa"end"ents4 as shown b# the deliberations of the Constitutional

Co""issions.

Choice of "ethod of proposal is within the full discretion of the legislature

0atification- 0he proposed a"end"ent shall beco"e part of the

Constitution when ratified b# a "a7orit# of the !otes cast in a plebiscite

held not earlier than ; nor later than = da#s after the appro!al of theproposal b# Congress or the Constitutional Con!ention4 or after the

certification b# the C2udicial &epart"ent4 b# !irtue of the doctrineof separation of powers. 0he dut# re"ains to assure that the supre"ac# of

the Constitution is upheld..

0hat dut# is part of the 7udicial power !ested in the courts b# an e,pressgranted under Section '4 Article HII of the ConstitutionB >udicial power

includes the dut# of the courts of 7ustice to settle actual contro!ersies

in!ol!ing rights which are legall# de"andable and enforceable4 and to

deter"ine whether or not there has been a gra!e abuse of discretiona"ounting to lac5 or e,cess of 7urisdiction on the part of an# branch or

instru"entalit# of Go!ern"ent.

.$o ma& e2ercise

Art HIII of the Constitution recognies the power of t$e (C to decide

constitutional uestions.

Constitutional appellate 7urisdiction of the SC and i"plicitl# recognies

the authorit# of lower courts to decide uestions in!ol!ing theconstitutionalit# of laws4 treaties4 agree"ents4 etc.

It is settled that R0Cs ha!e 7urisdiction to resol!e the constitutionalit# of

a statute 8this authorit# being e"braced in the general definition of the7udicial power to deter"ine what are !alid and biding laws b# the

criterion of their confor"it# with the funda"ental law.

1owe!er in all actions assailing the !alidit# of a statute4 treat#4 presidentialdecree4 order or procla"ation ::: and not 7ust in actions in!ol!ing

declarator# relief and si"ilar re"edies ::: notice to SolGen is "andator# asreuired in sec ) Rule ; of the Rules of Court. 0he purpose is to enable

hi" to decide whether or not his inter!ention in the action is necessar#. 0oden# such notice would be tanta"ount to depri!ing hi" of his da# in court.

unctions of >udicial 0eview

'(Chec5ing*(Legiti"iing

)(S#"bolic

Political :uestions are ordinaril& outside t$e pale of *udicial review,

0he ter" political uestion connotes what it "eans in ordinar# parlance4

na"el# a uestion of polic#. It refers to those uestions which4 under the

Constitution4 are to be decided b# the people in their so!ereign capacit#4 orin regard to which full discretionar# authorit# has been delegated to the

legislati!e or e,ecuti!e branch4 of go!ern"ent. It is concerned with issues

dependent upon the wisdo"4 not legalit#4 of a particular "easure.

0e:uisites

1, Actual case or controvers&

Constitutional uestion "ust be raised b# the proper part#

A part#s standing in court is a procedural technicalit# which "a# be set

aside b# the Court in !iew of the i"portance of the issues in!ol!ed-

para"ount public interest%transcendental i"portance8Present substantial interest9 such interest of a part# in the sub7ect "atter

of the action as will entitle hi" under substanti!e law4 to reco!er of the

e!idence is sufficient4 or that he has a legal title to defend and the defendant

will be protected in pa#"ent to or reco!er# fro" hi".A ta,pa#er4 or group of ta,pa#ers4 is a proper part# to uestion the !alidit#

of a law appropriating public funds.

* Reuisites for 0a,pa#ers SuitB

Public funds are disbursed b# a political subdi!ision or instru"entalit#

A law is !iolated or irregularit# is co""ittedPetitioner is directl# affected b# the ultra !ires act

0he Go!ern"ent is a proper part# to uestion the !alidit# of its own laws4

because "ore than an# one4 it should be concerned with theconstitutionalit# of its acts

0he established rule is that a part# can uestion the !alidit# of a statute onl#

if4 as applied to hi"4 it is unconstitutional.E,ceptionB +acial Challenge4 when it operates in the area of freedo" of

e,pression.

2!erbreadth &octrineB per"its a part# to challenge the !alidit# of a statute

e!en though4 as applied to hi"4 it is not unconstitutional4 but it "ight be ifapplied to other not before the Court whose acti!ities are constitutionall#

protected.

In!alidation of the statute 8on its face94 rather than 8as applied9 is

per"itted in the interest of pre!enting a 8chilling effect9 on freedo" ofe,pression.

+acial challenge is the "ost difficult challenge because the challenge "ustestablish that no set of circu"stances e,ists under which the act would be

!alid.0he constitutional uestion "ust be raised at the earliest possible

opportunit#

0he decision on the constitutional uestion "ust be deter"inati!e of the

case itself.$ars 7udicial inuir# into a constitutional uestion unless the resolution is

indispensable to the deter"ination of the case.

E!er# law has in its fa!or the presu"ption of constitutionalit#4 and to7ustif# its nullification4 there "ust be a clear and uneui!ocal breach of the

Constitution.

Effects of &eclaration of 3nconstitutionalit#2rthodo, HiewB unconstitutional act is not a law4 it confers no rights and

i"poses no duties- it affords no protection4 creates no office- it is

inoperati!e as if it had not been passed at all.


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III. 01E P1ILIPPINES AS A S0A0E

StateB a co""unit# of persons4 "ore or less nu"erous4 per"anentl#occup#ing a definite portion of territor#4 independent of e,ternal control

and possessing a go!ern"ent to which a great bod# of inhabitants render

habitual obedience.

State is a legal or 7uristic concept- nation is an ethnic or racial concept.

Go!ern"ent is an instru"entalit# of the State through which the will of the

State is i"ple"ented and realied.

Ele"entsB

People0erritor#

Co"ponentsB

0errestrial

+lu!ial


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where go!ern"ent itself has !iolated its own laws4 because the doctrine of

state i""unit# 8cannot be used to perpetrate an in7ustice9

Khere a public officer has co""itted an ultra !ires act4 or there is a

showing of bad faith4 "alice or gross negligence4 then the officer can be

held personall# accountable.

In order that suit "a# lie against the state4 there "ust be consent. Khere no

consent is shown4 state i""unit# fro" suit "a# be in!o5ed as a defense b#

the courts sua sponte at an# stage of the proceedings.E,press consentB general law or special law

I"plied consent

state co""ences a litigationstate enters into a business contract

Scope of consentB consent to be sued does not include consent to the

e,ecution of 7udg"ent against it. Such e,ecution will reuire another

wai!er.

Suabilit# is not euated with outright liabilit#. Liabilit# will ha!e to be

deter"ined b# the court on the basis of the e!idence and the applicable law.

IH. +3N&Aust Co"pensation full and fair eui!alent of the propert# ta5en- fair

"ar5et !alue of the propert#

>udicial Prerogati!e

Ascertain"ent of what constitutes 7ust co"pensation for propert# ta5en ine"inent do"ain cases is a 7udicial prerogati!e.

+or" of Co"pensation

Paid in "one# and no other for".In agrarian refor"4 pa#"ent is allowed to be "ade partl# in bonds because

under the CARP4 8we do not deal with the traditional e,ercise of the power

of e"inent do"ain- we deal with a re!olutionar# 5ind of e,propriation.9

Rec5oning point of "ar5et !alue of the propert#

&ate of the ta5ing or the filing of the co"plaint4 whiche!er co"es first.

Principal criterion in deter"ining 7ust co"pensationCharacter of the land at the ti"e of the ta5ing

Entitle"ent of owner to interestKhen there is dela# in the pa#"ent of 7ust co"pensation4 the owner is

entitled to pa#"ent of interest if clai"ed- otherwise4 interest is dee"ed

wai!ed-

Interest is ;F per annu"4 prescribed in Article **= of the CC4 N20 '*F

per annu" under Central $an5 Circular No. ';4 latter applies to loans orforbearances of "one#4 goods or credits or 7udg"ents in!ol!ing such loans

or forbearance of "one#4 goods or credits. 0he 5ind of interest here is b#

wa# of da"ages.In so"e e,propriation cases4 the court i"poses '*F da"ages for dela#

in pa#"ent which4 in effect4 "a5es the obligation on the part of go!ern"ent

one of forbearance.

Kho else "a# be entitled to 7ust co"pensation

2wner

0hose who ha!e lawful interest

0itle to the propert#

&oes not pass until after pa#"ent

Right of landowner in case of non:pa#"ent of 7ust

co"pensation&oes not entitle to reco!er possession of the e,propriated lots

2nl# to de"and pa#"ent of the +


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Lands for socialied housing are to be acuired in the following orderB

Go!ern"ent landsAlienable lands of the public do"ain

3nregistered4 abandoned or idle lands-

Lands within the declared Areas for Priorit# &e!elop"ent4 MonalI"pro!e"ent Progra" sites4 Slu" I"pro!e"ent and Resettle"ent sites

which ha!e not #et been acuired-

$LISS sites which ha!e not #et been acuired- and

Pri!atel# owned lands

0he "ode of e,propriation is sub7ect to * conditionsB

Resorted to onl# when the other "odes of acuisition ha!e been e,haustedParcels owned b# s"all propert# owners are e,e"pt fro" such acuisition

S"all propert# ownersB

2wners of residential lots not "ore than ) s. ". in highl# urbanied

cities and not "ore than @ s. ". in other urban areas0he# do not own residential propert# other than the sa"e

Power of 0a,ation

Kho "a# e,ercise

Legislature

Local legislati!e bodies0o a li"ited e,tent4 the President4 when granted delegated tariff powers

Li"itations on the e,ercise

&ue process of law4 "ust not be confiscator#Eual protection clause4 "ust be unifor" and euitable

Public purpose

&ouble ta,ationAdditional ta,es are laid on the sa"e sub7ect b# the sa"e ta,ing

7urisdiction during the sa"e ta,ing period and for the sa"e purpose.

0a, E,e"ptionsNo law granting ta, e,e"ption shall be passed without the concurrence of a

"a7orit# of all the


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0he Go!ern"ent "a# call upon the people to defend the State and4 in the

fulfill"ent thereof4 all citiens "a# be reuired4 under conditions pro!ided

b# law4 to render personal "ilitar# or ci!il ser!ice.0he "aintenance of peace and order4 the protection of life4 libert# and

propert#4 and the pro"otion of the general welfare are essential for the

en7o#"ent b# all the people of the blessings of de"ocrac#.

Right to $ear Ar"sB statutor#4 not constitutional right.

Separation of Church and State+reedo" of religion clause

Religious sect cannot be registered as political part#

No sectoral representati!e fro" the religious sectorProhibition against appropriation for sectarian benefit

E,ceptions

Section *@6)(4 Article ;B E,e"ption fro" ta,ation

Section *=6*(4 Article ;B Prohibition against sectarian benefit4 e,cept whenpriest is assigned to the ar"ed forces or to an# penal institution or

go!ern"ent orphanage or leprosariu"

Section )6)(4 Article 'B 2ptional religious instruction for public

ele"entar# and high school studiesSection 6*(4 Article 'B +ilipino ownership reuire"ent to educational

institutions4 e,cept those established b# groups and "ission boards

Independent +oreign Polic# and Nuclear:free Philippines

State shall pursue an independent foreign polic#. In relations with other

states4 the para"ount consideration shall be national so!ereignt#4 territorial

integrit#4 national interest and the right to self:deter"ination.0he Philippines consistent with the national interest4 adopts and pursues a

polic# of freedo" fro" nuclear weapons in its territor#.

>ust and d#na"ic social orderState shall pro"ote a 7ust and d#na"ic social order that will ensure

prosperit# and independence of the nation and free the people fro" po!ert#

through policies that pro!ide adeuate social ser!ices4 pro"ote full

e"plo#"ent4 a rising standard of li!ing and an i"pro!ed ualit# of life forall.

Pro"otion of Social >usticePro"ote social 7ustice in all phases of national de!elop"ent

Respect for hu"an dignit# and hu"an rights

State !alues the dignit# of e!er# hu"an person and guarantees full respect

for hu"an rights.

+a"il# and outh

0he State recognies the sanctit# of fa"il# life and shall protect andstrengthen the fa"il# as a basic autono"ous social institution. It shall

euall# protect the life of the "other and the life of the unborn fro"

conception. 0he natural and pri"ar# right and dut# of parents in the rearing

of the #outh for ci!ic efficienc# and the de!elop"ent of "oral charactershall recei!e support of the Go!ern"ent.

0he State recognies the !ital role of the #outh in nation:building and shall

pro"ote and protect their ph#sical4 "oral4 spiritual4 intellectual and socialwell:being. It shall inculcate in the #outh patriotis" and nationalis"4 and

encourage their in!ol!e"ent in public and ci!ic affairs.

+unda"ental eualit# of "en and wo"enState recognies the role of wo"en in nation:building and shall ensure the

funda"ental eualit# before the law of "en and wo"en.

Pro"otion of health and ecolog#State shall protect and pro"ote the right to health of the people and instill

health consciousness a"ong the".

0he State shall protect and ad!ance the right of the people to a balanced

and healthful ecolog# in accord with the rh#th" and har"on# of nature.

Priorit# to education4 science4 technolog#4 etc.

State shall gi!e priorit# to education4 science and technolog#4 arts4 culture

and sports4 to foster patriotis" and nationalis"4 accelerate social progress4and pro"ote total hu"an liberation and de!elop"ent.

Protection to LaborState affir"s labor as a pri"ar# social econo"ic force. It shall protect the

rights or wor5ers and pro"ote their welfare.

Self:reliant and independent econo"ic orderState shall de!elop a self:reliant and independent national econo"#

effecti!el# controlled b# +ilipinos.

0he State recognies the indispensable role of the pri!ate sector4

encourages pri!ate enterprise4 and pro!ide incenti!es to neededin!est"ents.

Land refor"

State shall pro"ote co"prehensi!e rural de!elop"ent and agrarian refor".

Indigenous cultural co""unities

State recognies and pro"otes the rights of indigenous culturalco""unities within the fra"ewor5 of national unit# and de!elop"ent.

Independent peoples organiations

State shall encourage non:go!ern"ental4 co""unit#:based4 or sectoralorganiations that pro"ote the welfare of the nation.

Co""unication and infor"ation in nation:buildingState recognies the !ital role of co""unication and infor"ation in nation:building.

Autono"# of local go!ern"ents

State shall ensure the autono"# of local go!ern"ents.&ecentraliation and does not "a5e the local go!ern"ents so!ereign within

the State or an i"periu" in i"perio.

&ecentraliation of ad"inistrationB delegation of ad"inistrati!e powers to

the LG3 in order to broaden the base of go!ern"ental powers.&ecentraliation of powerB abdication b# the national go!ern"ent of

go!ern"ental powers.

Eual access of opportunities for public ser!ice

State shall guarantee eual access of opportunities for public ser!ice and

prohibit political d#nasties as "a# be defined b# law.

1onest public ser!ice and full public disclosure

State shall "aintain honest# and integrit# in the public ser!ice and ta5e

positi!e and effecti!e "easures against graft and corruption.

State adopts and i"ple"ents a polic# of full public disclosure of all itstransactions in!ol!ing public interest.

HI. $ILL 2+ RIG10S

&efinition

Set of prescriptions setting forth the funda"ental ci!il and political rights

of the indi!idual4 and i"posing li"itations on the powers of go!ern"ent.Generall#4 an# go!ern"ent action in !iolation of the $ill of Rights is !oid.

Generall# self:e,ecuting.

Ci!il Rights

Right that belong to e!er# citien of the state or countr# and are notconnected with the organiation or ad"inistration of go!ern"ent.

Political RightsRight to participate4 directl# or indirectl#4 in the establish"ent or

ad"inistration of go!ern"ent.

&ue Process of LawB No person shall be depri!ed of life4 libert# or propert#without due process of law

&efinition

A law which hears before it conde"ns4 which proceeds upon inuir# andrenders 7udg"ent onl# after trial.

Kho are protected

3ni!ersal in application to all personsArtificial persons are co!ered b# the protection onl# insofar as their

propert# is concernedGuarantee e,tends to aliens and includes the "eans of li!elihood


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i"partial court or tribunal clothed with 7udicial power to hear and

deter"ine the "atter before it

7urisdiction "ust be lawfull# acuired o!er the person of the defendant ando!er the propert# which is the sub7ect "atter of the proceeding

the defendant "ust be gi!en an opportunit# to be heard

7udg"ent "ust be rendered upon lawful hearing

Publication as part of due process

Publication is i"perati!e to the !alidit# of laws4 P&s and Eos4

ad"inistrati!e rules and regulation and is an indispensable part of dueprocess.

Appeal and due processAppeal is not a natural right nor is it part of due process- it "a# be allowedor denied b# legislature in its discretion.

$ut where the Constitution gi!es a person the right to appeal4 denial of such

constitutes a !iolation of due process.

Preli"inar# in!estigation and due process

Right to preli"inar# in!estigation is not a constitutional right4 but it is

"erel# a right conferred b# statute.

$ut where there is a statutor# grant of the right to preli"inar# in!estigation4denial of such constitutes a !iolation of due process.

Ad"inistrati!e due processReuisites

Right to a hearing4 includes the right to present ones case and sub"it

e!idence in support thereof-

0ribunal "ust consider the e!idence presented-&ecision "ust ha!e so"ething to support itself-

E!idence "ust be substantial-

&ecision "ust be rendered on the e!idence presented or at least contained

in the records and disclosed to the parties-0ribunal or an# of its 7udges "ust act on its own or his own independent

consideration of the facts and the law of the contro!ers#4 and not si"pl#

accept the !iews of a subordinate in arri!ing at a decision- and

0he board or bod# should4 in all contro!ersial uestions4 render its decisionin such a "anner that the parties to the proceeding will 5now the !arious

issues in!ol!ed4 and the reason for the decision.

Eual Protection of the Laws

udge hi"self conducts the preli"inar# in!estigation4 for hi" to issue a

warrant of arrest4 the in!estigating 7udge "ustB1a!e e,a"ined4 under oath4 the co"plainant and the witnesses-

$e satisfied that there is probable cause- and

0hat there is a need to place the respondent under i""ediate custod# inorder not to frustrate the ends of 7ustice

Particularit# of &escriptionB

Readil# identif# the properties to be seied and thus pre!ent the" fro"seiing the wrong ite"s- and

Lea!e peace officers with no discretion regarding the articles to be seied

and thus pre!ent unreasonable searches and seiures.

Karrant of Arrest particularl# describe the person to be seied if it

contains the na"e%s of the person%s to be seied.

>ohn &oe warrantdescriptio persona

Search Karrant description is as specific as the circu"stances willordinaril# allow or when description e,presses a conclusion of fact 6not of

law( b# which the warrant officer "a# be guided in "a5ing the search- or

when the things described are li"ited to those which bear direct relation tothe offense for which the warrant is being issued.

Properties Sub7ect of SeiureB

Sub7ect of the offenseStolen or e"beled propert# and other proceeds or fruits of the offense-

and

Propert# used or intended to be used as "eans for the co""ission of anoffense

Conduct of the Search

Lawful occupantAn# "e"ber of his fa"il#

* witnesses4 of sufficient age and discretion4 residing in the sa"e localit#

Karrantless arrests b# a peace officer or a pri!ate personBKhen the person to be arrested has co""itted4 is actuall# co""itting or is

atte"pting to co""it an offense in his presence-


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Khen the offense had 7ust been co""itted and there is probable cause to

belie!e4 based on his personal 5nowledge of facts and of other

circu"stances4 that the person to be arrested has co""itted the offense-Khen the person to be arrested is a prisoner who has escaped fro" a penal

establish"ent or place where he is ser!ing final 7udg"ent or te"poraril#

confined while his case is pending4 or has escaped while being transferredfro" one confine"ent to another- and

Khen the right is !oluntaril# wai!ed.

$u#:bust operation is a !alid in flagrante arrest.

In flagrante arrestsB

0he person to be arrested "ust e,ecute an o!ert act indicating that he had7ust co""itted4 is actuall# co""itting4 or is atte"pting to co""it a cri"e-and

Such o!ert act is done in the presence or within the !iew of the arresting

officer.

In 6*(B

there "ust be i""ediac# between the ti"e the offense is co""itted and the

ti"e of the arrest. If there was an appreciable lapse of ti"e between the

arrest and the co""ission of the cri"e4 a warrant of arrest "ust be securedand

the person "a5ing the arrest has personal 5nowledge of certain facts

indicating that the person to be ta5en into custod# has co""itted the cri"e.

Ouestion the !alidit# of the arrest before entering plea- failure to do so

would constitute a wai!er of his right against unlawful restraint of his

libert#. 1owe!er4 wai!er is li"ited to the illegal arrest. It does not e,tend tothe search "ade as an incident thereto4 or to the subseuent seiure if

e!idence allegedl# found during the search.

Halid Kai!er of Constitutional RightRight e,ists

0hat the person in!ol!ed had 5nowledge4 either actual or constructi!e of

the e,istence of such right- and

0hat the person had an actual intention to relinuish the right.

Searches of Passengers at Airports

Khen the accused chec5ed in his luggage as a passenger of a plane4 heagreed to the inspection of his luggage in accordance with custo"s laws

and regulations4 and thus wai!ed an# ob7ection to a warrantless search.

Search "ade pursuant to routine airport securit# is allowed under RA ;*)/4

which pro!ides that e!er# airline tic5et shall contain a condition that hand:carried luggage4 etc.4 shall be sub7ect to search4 and this condition shall

for" part of the contract between the passenger and the air carrier.

Stop and +ris5Hernacular designation of the right of a police officer to stop a citien on

the street4 interrogate hi" and pat hi" for weapons whene!er he obser!es

unusual conduct which leads hi" to conclude that cri"inal acti!it# "a# be

afoot.ReuisitesB

police officer should properl# introduce hi"self and "a5e initial inuiries

approach and restrain a person who "anifests unusual and suspiciousconduct in order to chec5 the latters outer clothing for possible concealed

weapon

"ust ha!e a genuine reason4 in accordance with e,perience and the

surrounding conditions4 to warrant the belief that the person to be held hasweapons or contraband concealed about hi"

search and seiure should precede the arrest

E,ceptionB People !s. Sucro warrantless search and seiure

can be "ade without necessaril# being preceded b# an arrest

pro!ided that the said search is effected on the basis of probable cause.People !s. Chua 1o SanB conte"poraneous search of a person arrested "a#

be effected for dangerous weapons or proofs or i"ple"ents used in the

co""ission of the cri"e and which search "a# e,tend to the area withinhis i""ediate control where he "ight gain possession of a weapon or

e!idence he can destro#4 a !alid arrest "ust preceded a search.

Khere the search 6and seiure( is an incident to a lawful arrest-

Search "ust be conte"poraneous to arrest and "ade within a per"issible

area of search.ReuisitesB

arresting officer "ust ha!e probable cause in effecting the arrest- and

probable cause "ust be based on reasonable ground of suspicion or beliefthat a cri"e has been co""itted or is about to be co""itted.

Per"issible area of search

"a# e,tend be#ond the person of the one arrested to include the pre"isesor surroundings under his i""ediate control.

Seiure of allegedl# pornographic "aterialcri"inal charge "ust be brought against the person%s for pur!e#ing thepornographic "aterial%s-

application for a search and seiure warrant obtained fro" a 7udge 6who

shall deter"ine the e,istence of probable cause(-

"aterial confiscated brought to the court in the prosecution of the accusedfor the cri"e charged-

court will deter"ine whether the confiscated ite"s are reall# pornographic-

and

7udg"ent of acuittal or con!iction rendered b# the court accordingl#

+ishing !essel found to be !iolating fisher# laws "a# be seied without a

warrantBusuall# euipped with powerful "otors that enable the" to elude pursuit

and

seiure would be incident to a lawful arrest

Search of "o!ing !ehicles

7ustified on the ground that it is not practicable to secure a warrant because

the !ehicle can be "o!ed uic5l# out of the localit# or 7urisdiction in which

the warrant "a# be sought.Pre!ent !iolations of s"uggling or i""igration laws4 pro!ided that such

searches are "ade at borders or constructi!e borders 6e.g. chec5points near

the boundar# lines of the state(.

8Stop and search9 without a warrant at a "ilitar# or police chec5points

Not illegal per se so long as it is reuired b# the e,igencies of public order

and conducted in a wa# least intrusi!e to "otorists. 6Hal"onte !s. de Hilla(

Chec5point Search


9/71

co!ered b# the warrant4 the# should not be reuired to close their e#es to it4

regardless of whether it is e!idence of the cri"e the# are in!estigating or

e!idence of so"e other cri"e. It would be needless to reuire the police toobtain another warrant.

I""ediatel# apparent test&oes not reuire an undul# high degree of certaint#.

Reuires "erel# that the seiure be presu"pti!el# reasonable assu"ing that

there is probable cause to associate the propert# with cri"inal acti!it#.

Ne,us e,ists between the !iewed ob7ect and the cri"inal acti!it#.

E,clusionar# RuleB E!idence obtained in !iolation of Section *4 Article )

shall be inad"issible for an# purpose in an# proceeding because it is 8thefruit of the poisoned tree.9Propert# illegall# seied "a# be used in e!idence in the case filed against

the officer responsible for the illegal seiure.

Pri!ac# of Co""unications and Correspondence0he pri!ac# of co""unication and correspondence shall be in!iolable

ECEP0 upon lawful order of the court 2R when public safet# or order

reuires otherwise as prescribed b# law.

An# e!idence obtained in !iolation of this or the preceding section shall beinad"issible for an# purpose in an# proceeding.

In!iolabilit#E,ceptionsB

Lawful order of the court-

Public safet# or order reuires otherwise4 as "a# be pro!ided b# law.

Includes tangible and intangible ob7ects.RA *B illegal for an# person not authoried b# all the parties to an#

pri!ate co""unication4 to secretl# record such co""unications b# "eans

of a tape recorder. 0elephone e,tension was not a"ong the de!ices co!ered

b# this law.

+reedo" of E,pression

No law shall be passed abridging the freedo" of speech4 of e,pression nor

of the press4 or the right of the people peaceabl# to asse"ble and petitionthe go!ern"ent for redress of grie!ances.

ScopeB An# and all "odes of e,pression.

AspectsB

+reedo" fro" censorship or prior restraint

Need not be total suppression4 e!en restriction of circulation constitutes

censorship.

Section '' 6b(4 RA ;;;1

B legiti"ate e,ercise of the police power of theState to regulate "edia or co""unication and infor"ation for the purposeof ensuring eual opportunit#4 ti"e and space for political ca"paigns.

3nrelated to suppression of speech as it is onl# incidental and no "ore than

is necessar# to achie!e the purpose of achie!ing the purpose of pro"oting

eualit#.


10/71

Khere per"it is reuired4 written application shall be filed with the

"a#ors office at least / da#s before the scheduled "eeting and shall be

acted upon within * da#s. 2therwise4 per"it shall be dee"ed granted.&enial shall be 7ustified onl# upon clear and con!incing e!idence that the

public asse"bl# will create a cleat and present danger to public order4

safet#4 con!enience4 "orals and health.Action shall be co""unicated within * hours to the applicantD "a#

appeal to appropriate courts.

&ecision "ust be reached within * hours.

0he law per"its law enforce"ent agencies to detail a contingent under aresponsible officer at least ' "eters awa# fro" the asse"bl# in case it

beco"es necessar# to "aintain order.

Acade"ic freedo" of institutions of higher learning cannot be utilied todiscri"inate against those who e,ercise their constitutional rights.Right to free asse"bl# and petition pre!ails o!er econo"ic rights.

Education of the #outh occupies a preferred position o!er the freedo" of

asse"bl# and petition.

0ests priorl# applied b# the courtBpurpose test

auspice test

+reedo" of ReligionNo law shall be "ade respecting an establish"ent of religion or prohibiting

the free e,ercise thereof.

0he free e,ercise and en7o#"ent of religious profession and worship4without discri"ination or preference4 shall fore!er be allowed. No religious

test shall be reuired for the e,ercise of ci!il or political rights.

* guaranteesB

non:establish"ent clausefreedo" of religious profession and worship

Non:establish"ent clauseB separation of Church and State

cannot be registered as a political part#-

no sectoral representati!e fro" the religious sector- andprohibition against the use of public "one# or propert# for the benefit of

an# religion4 or of an# priest4 "inister or ecclesiastic.

E,ceptionsB

e,ception fro" ta,ation of properties actuall#4 directl# and e,clusi!el# usedfor religious purposes-

citienship reuire"ent of ownership of educational institutions4 e,cept

those established b# religious groups and "ission boards-optional religious instruction in public ele"entar# and high schools

e,pressed in writing b# the parents%guardians4 taught within regular class

hours- and without additional costs on the Go!ern"ent- and

appropriation allowed where the "inister or ecclesiastic is e"plo#ed in the

ar"ed forces4 penal institution or in the go!ern"ent:owned orphanage orleprosariu".

ScopeB

State cannot set up a Churchnor pass laws which aid one religion4 aid all religion or prefer one o!er

another-

nor force nor influence a person to go to or re"ain awa# fro" church

against his will-or force hi" to profess a belief or disbelief in an# religion.

0he ter" 8Non:Christian tribes9 does not refer to religious belief but to

degree of ci!iliation. 6People !s. Ca#at(

Laws4 e.g. Article ')) of the RPC4 do not !iolate freedo" of religion.+reedo" of religion is accorded preferred status4 designed to protect the

broadest possible libert# of conscience4 to allow each "an to belie!e as his

conscience directs4 to profess his beliefs and to li!e as he belie!es he oughtto li!e4 consistent with libert# of others and with the co""on good.

Intra"ural religious disputesBKhere a ci!il right depends upon so"e "atter pertaining to ecclesiastical

affairs4 the ci!il tribunal tries the ci!il right and nothing "ore.8Ecclesiastical Affair9 is one that concerns doctrine4 creed4 or foru" of

worship of the church4 or the adoption and enforce"ent within a religious

association of needful laws and regulations for the go!ern"ent of the

"e"bership4 and the power of e,cluding fro" such associations thosedee"ed unworth# of "e"bership.

It is not for the Court to e,ercise control o!er Church authorities in the

perfor"ance of their discretionar# and official functions- it is for the

"e"bers of religious institutions%organiations to confor" to 7ust churchregulations.

+ree E,ercise Clause

Aspects of freedo" of religious profession and worshipB

right to belie!e4 which is absoluteright to act according to ones belief4 which is sub7ect to regulation.

Constitutional guarantee of free e,ercise pf religious profession andworship carries with it the right to disse"inate religious infor"ation4 andan# restraint of such right can be 7ustified onl# on the ground that there is a

clear and present danger of an e!il which the State has the right to pre!ent.

0he co"pelling State interest testB

Estrada !s. Escritor 6ad"inistrati!el# charged with i""oralit# for li!ing

with a "arried "an4 not her husband- con7ugal arrange"ent was in

confor"it# with their religious beliefs(8$ene!olent Neutralit#9 recognies that go!ern"ent "ust pursue its secular

goals and interests4 but at the sa"e ti"e4 stri!e to uphold religious libert# to

the greatest e,tent possible within fle,ible constitutional li"its.0hus4 although the "oralit# conte"plated b# laws is secular4 bene!olent

neutralit# could allow for acco""odation of "oralit# based on religion4

pro!ided it does not offend co"pelling state interest.

* stepsBKhether respondents right to religious freedo" has been burdened and

Ascertain respondents sincerit# in his beliefs.

State regulations i"posed on solicitations for religious purposes do notconstitute an abridg"ent of freedo" of religion- but are N20 co!ered b#P& '/; 6Solicitation Per"it Law( which reuired prior per"it fro"

&SK& in solicitations for charitable or public welfare purposes-

+ree e,ercise clause does not prohibit i"posing a generall# applicable sales

and use ta, on the sale of religious "aterials b# a religious organiation.Resulting burden is so incidental as to "a5e it difficult to differentiate it

fro" an# other econo"ic i"position that "ight "a5e the right to

disse"inate religious doctrines costl#.

Libert# of Abode and of 0ra!el

0he libert# of abode and of changing the sa"e within the li"its prescribed

b# law shall not be i"paired e,cept upon lawful order of the court.Neither shall the right to tra!el be i"paired e,cept in the interest of national

securit#4 public safet# or public health4 as "a# be pro!ided b# law.

Li"itationsB

2n libert# of abodeB lawful order of the courtCaunca !s. SalaarB "aid has the right to transfer to another residence e!en

if she had not #et paid the a"ount ad!anced for her transportation fro" the

pro!ince b# an e"plo#"ent agenc#-

Rubi !s. Pro!incial $oard of


11/71

Need for publication of law reinforces this right.

0he "anner of e,a"ining public records "a# be sub7ect to reasonable

regulation b# the go!ern"ent agenc# in custod#.0he dut# to disclose the infor"ation of public concern4 and to afford access

to public records cannot be discretionar# on the part of said agencies. Its

perfor"ance "a# be co"pelled b# "anda"us.In ReB Reuest for Li!e Radio:0H Co!erage of the 0rial in the S$ of the

Plunder Case against +or"er Pres. >oseph E7ercito Estrada4 Secretar# of

>ustice 1ernando Pere !s. >oseph E7ercito EstradaB when the constitutional

guarantees of freedo" of the press and the right to public infor"ation4 onthe one hand4 and the funda"ental rights of the accused4 on the other hand4

along with the constitutional power of a court to control its proceedings in

ensuring a fair and i"partial trial race against another4 7urisprudence tells usthat the right of the accused "ust be preferred 6losing not onl# his libert#but also the !er# life of an accused(.

Right to +or" Associations

0he right of the people4 including those e"plo#ed in the public and pri!atesectors4 to for" unions4 associations or societies for purposes not contrar#

to law shall not be abridged.

ScopeB includes the right not to 7oin or to disaffiliate fro" one.

Right to Stri5eB "e"bers of the ci!il ser!ice "a# not declare a stri5e toenforce econo"ic de"ands.

0he abilit# to stri5e is not essential to the right of association.

0he right of the so!ereign to prohibit stri5es or wor5 stoppages b# publice"plo#ees is clearl# recognied at co""on law. state"ent of

the person detained.

Rights guaranteed b# this pro!ision refers onl# to testi"onial co"pulsion.Khat rights are a!ailable

0o re"ain silent-

No ad!erse inference fro" his refusal to answer.

0o co"petent and independent counsel 6preferabl# of his own choice- at allstages of the proceeding(-

Attaches upon the start of the in!estigation-

Law#er should ne!er pre!ent a person fro" telling the truth.RA ?)@B Accuseds parent4 older bro and sis4 spouse4 confession I+B

Counsel of accused is absent andHalid wai!er had been e,ecuted.

8co"petent and independent9 willing to safeguard the constitutional

rights of the accused4 as distinguished fro" one who would "erel# begi!ing a routine pere"ptor# and "eaningless recital of the indi!iduals

constitutional rights.


12/71

Coerced confession4 the product of third degree "ethods

3ncounselled state"ents4 without the benefit of the ustice +ran5furterNardone !s. 3S(

2nce the pri"ar# source is shown to ha!e been unlawfull# obtained4 an#secondar# or deri!ati!e e!idence deri!ed fro" it is also inad"issible.

$asisB e!idence illegall# obtained b# the State should not be used to gain

other e!idence.Receipt of Seied Propert# if signed b# the accused without assistance of

counsel and not ha!ing been infor"ed of his constitutional rights is

inad"issible.

People !s. LinsanganB initialed the P' bill that the police found tuc5ed inhis waist. Halid. $ecause possession of "ar5ed bills did not constitute a

cri"e4 the sub7ect if the prosecution being his act of selling "ari7uana cigs.

Re:enact"ent of the Cri"e before4 "ust be appraised of his constitutional

rights.Res Gestae ad"issible.

Kai!er of E,clusionar# RuleB failure to ob7ect to offer in e!idence.

Right to $ailAll persons e,cept those charged with an offense punishable b# RP4 when

e!idence of guilt is strong4 shall before con!iction be bailable b# sufficient

sureties or be released on recogniance as "a# be pro!ided b# law.

0he right to bail shall not be i"paired e!en when the pri!ilege of the writof habeas corpus is suspended.

E,cessi!e bail shall not be reuired.

$ailB is the securit# gi!en for the release of a person in custod# of the law4furnished b# hi" or a bonds"an4 conditioned upon his appearance before

an# court as "a# be reuired.

An# person under detention4 e!en if no for"al charge ha!e #et been field4

can in!o5e the right to bail.Khen bail is authoried4 it should be granted before arraign"ent4

otherwise4 the accused "a# be precluded fro" filing a "otion to uash.

E,ceptionsB

when charged with an offense punishable b# RP 6or higher( and e!idence ofguilt is strong

traditionall#4 not a!ailable to "ilitar#

&ut# of the Court when accused is charged with an offense punishable b#

RP or higher.1earing on the "otion for bail "ust be conducted b# the 7udge.

Prosecution "ust be gi!en an opportunit# to present all the e!idences.

Applicant ha!ing right of cross:e,a"ination and to introduce e!idence in

rebuttal.If prosecution refuses to adduce e!idence or fails to interpose an ob7ection

to the "otion for bail4 it is still "andator# for the court to conduct a hearing

or as5 searching and clarificator# uestions fro" which it "a# infer thestrength of the e!idence of guilt or lac5 of it.

0he hearing on the petition for bail need not at all ti"es precede

arraign"ent4 because the rule is that a person depri!ed of his libert# b#

!irtue of his arrest or !oluntar# surrender "a# appl# for bail as soon as heis depri!ed of his libert#4 e!en before a co"plaint or infor"ation is filed

against hi".

Courts order granting or refusing bail "ust contain su""ar# of e!idence

for the prosecution.0he assess"ent of the e!idence presented during bail hearing is onl# for the

purpose of granting or den#ing an application for the pro!isional release of

the accusedliberal in their approach4 not being a final assess"ent.

$ail is eitherB

A "atter of right$efore or after con!iction b#


13/71

3ndue ris5 that during pendenc# of the appeal4 the accused "a# co""it

another cri"e.

&eniedAccused is charged with a capital offense or an offense punishable b# RP or

higher and e!idence of guilt is strong.

Principle den#ing bail to an accused charged with a capital offense wheree!idence of guilt is strong4 applies with eual force to the appellant who4

though con!icted of an offense not punishable b# death4 RP4 or life

i"prison"ent was ne!ertheless originall# charged with a capital offense.

Standards for fi,ing bail+inancial abilit# of the accused

Nature and circu"stances of the offense

Penalt# for the offense chargedCharacter and reputation of the accusedPenalt# for the offense charged

Keight of the e!idence against hi"

Age and health

Probabilit# of appearing at the trial+orfeiture of other bonds b# hi"

+act that he was a fugiti!e fro" 7ustice when arrested

Pendenc# of other cases in which he is under bond

Right to $ail and E,tradition 6Go!ern"ent of the 3.S. !s. >udge Purunganand i"ene(

0he constitutional pro!ision on bail applies onl# when a person is arrested

and detained for !iolation of Philippine cri"inal laws. It does not appl# toe,tradition proceedings4 because e,tradition courts do not render 7udg"ents

of acuittal or con!iction.

It flows fro" the presu"ption of innocence in fa!or of e!er# accused who

should not be sub7ected to the loss of freedo" unless his guilt is pro!edbe#ond reasonable doubt. 0he constitutional pro!ision on bail will not

appl# to a case of e,tradition where the presu"ption of innocence is not an

issue.

E,tradition proceedings are separate and distinct fro" the trial of theoffenses for which he is charged.

1e should appl# for bail before the courts tr#ing the cri"inal cases against

hi"4 not before the e,tradition court.

After a potential e,tradite has been arrested and placed under custod# of thelaw4 bail "a# be applied for and granted as an e,ception4 onl# after clear

and con!incing showing that

2nce granted bail4 the applicant will not be a flight ris5 or a danger to theco""unit#4 and

0here e,ists special4 hu"anitarian and co"pelling circu"stances.

Kai!er of the Right to $ail personal to the accused.

0he right to bail is not i"paired b# the suspension if the pri!ilege of the

writ of habeas corpus.

Constitutional Rights of the Accused

No person shall be held to answer for a cri"inal offense without dueprocess of law.

In all cri"inal prosecutions4

the accused shall be presu"ed innocent until the contrar# is pro!ed4

and shall en7o# the right to be heard b# hi"self and counsel4to be infor"ed of the nature and cause of accusation against hi"4

to ha!e a speed#4 i"partial and public trial4

to "eet the witnesses face to face4 andto ha!e co"pulsor# process to secure the attendance of the witnesses and

the production of e!idence in his behalf.

After arraign"ent4 trial "a# proceed notwithstanding the absence of the

accused4 pro!ided that he has been dul# notified and the failure to appear isun7ustifiable.

Cri"inal due processBaccused has been heard in a court of co"petent 7urisdiction

accused is proceeded against under the orderl# processes of lawaccused has been gi!en notice and the opportunit# to be heard

7udg"ent rendered was within the authorit# of a constitutional law

3nreasonable dela# in resol!ing co"plaint is !iolation of the right to due

process and to speed# trialdis"issal of co"plaint.

E,ceptionB petitioners own acts or co"ple,it# of the issues in!ol!ed.

1earing before an i"partial and disinterested tribunal. $ias "ust be shown

b# clear and con!incing e!idence.

Right to a hearingPlea of guilt to a capital offense.


14/71

Indict"ent "ust full# state the ele"ents of the specific offenses alleged to

ha!e been co""itted. An accused cannot be con!icted of an offense4 e!en

if dul# pro!en4 unless it is alleged or necessaril# included in the co"plaintor infor"ation.

&ifferent "atter if the accused the"sel!es refused to be infor"ed of the

nature and cause of the accusation against the".Accused "a# be con!icted of as "an# offenses charged in the infor"ation

and pro!ed during the trial4 where he fails to ob7ect to such duplicitous

infor"ation during the arraign"ent.

Infor"ation which lac5s certain "aterial allegations "a# sustain acon!iction if the accused fails to ob7ect to its sufficienc# during trial and

deficienc# is cured b# co"petent e!idence presented therein.

Right to Speed#4 I"partial and Public 0rialSpeed# 0rial+ree fro" !e,atious4 capricious and oppressi!e dela#s.

Accused entitled to dis"issal4 eui!alent to acuittal4 if trial is

unreasonabl# dela#ed.

Relati!e sub7ect to reasonable dela#s and postpone"ents arising fro"illness4 "edical attention4 bod# operations4 etc.

Aggrie!ed part# also has the sa"e rights as the accused.

Separate trial is in consonant with the right of the accused to a speed# trial.

RA @=) 6Speed# 0rial Act(BArraign"ent of the accused w%in ) da#s fro" the filing of the

infor"ation or fro" the date the accused has appeared before the 7ustice4

7udge or court in which the charge is pending4 whiche!er date last occurs.If plea of not guilt# has '/ da#s to prepare for trial.

0rial shall co""ence w%in ) da#s fro" arraign"ent as fi,ed b# the court.

No case shall the entire trial period e,ceed '@ da#s fro" the first da# of

trial4 e,cept as otherwise authoried b# the Chief >ustice of the SC.I"partial 0rial

8cold neutralit# of an i"partial 7udge9 for the benefit of the litigants and

is also designed to preser!e the integrit# of the 7udiciar# and to gain and

"aintain the peoples faith in the institution s the# ha!e erected when the#adopted the Constitution.

Per!asi!e publicit# is not per se pre7udicial to the right of the accused to a

fair trial.

0rial 7udges "ust be accorded a reasonable leewa# in as5ing uestions as"a# be essential to elicit rele!ant facts and to bring out the truth. 0his is not

onl# a right but also dut# of the 7udge.

Public 0rialIntended to pre!ent abuses that "a# be co""itted against accused.

Not absolute.

Not s#non#"ous to publicied trial.


15/71

without cause or 7ustifiable "oti!e a long period of ti"e is allowed to

elapse without the part# ha!ing his case tried.

3nli5e right to speed# trial4 this right is a!ailable not onl# during trial butalso when the case has alread# been sub"itted for decision.

Right e,tends to all citiens4 including those in the "ilitar#4 and co!ers the

period before4 during and after trial.Right can be wai!edfailure to seasonabl# assert this right.

Self:incri"ination

No person shall be co"pelled to be a witness against hi"self.Right is a!ailable not onl# in cri"inal prosecutions but also in all other

go!ern"ent proceedings4 including ci!il actions and ad"inistrati!e or

legislati!e in!estigations.

It "a# be clai"ed not onl# b# the accused but also b# an# witness to who"a uestion calling for an incri"inating answer is addressed.

General RuleB it "a# be in!o5ed onl# when and as the uestion calling for

an incri"inating answer is as5ed. 0his applies onl# to ordinar# witness.

In cri"inal prosecution accused "a# not be co"pelled to ta5e the witnessstand.

Si"ilarl# applicable to a respondent in an ad"inistrati!e proceeding.

ScopeB not against all co"pulsion4 but testi"onial co"pulsion onl#. 6not the

inclusion of his bod# in e!idence when it "a# be "aterial(Prohibition e,tends to the co"pulsion for the production of docu"ents4

papers and chattels that "a# be used as e!idence against the witness4 e,cept

where the State has a right to inspect the sa"e such as the boo5s of

accounts of corporations4 under the police or ta,ing power or where ago!ern"ent official is reuired to produce official docu"ents%public

records which are in their possession.

Also protects the accused against an# atte"pt to co"pel hi" to furnish aspeci"en of his handwriting in connection with a prosecution for

falsification.

I""unit#B

0ransactional I""unit#B witness i""une fro" an# cri"inal prosecutionfor an offense to which his co"pelled testi"on# relates.

3se and +ruit I""unit#B prohibits the use of the witness co"pelled

testi"on# and its fruits in an# "anner in connection with the cri"inal

prosecution of the witness.0hose granted this pri!ilege paid a high price the surrender of their right

to re"ain silent. Should be gi!en a liberal interpretation.

Kai!erB either directl# or b# failure to in!o5e it4 pro!ided that the wai!er is

certain and uneui!ocal and intelligentl# "ade.

Non:detention b# Reason of Political $eliefs or Aspirations

No person shall be detained solel# b# reason of his political beliefs or

aspirations.

In!oluntar# Ser!itude

No in!oluntar# ser!itude in an# for" e,ist e,cept as a punish"ent for acri"e whereof the part# shall ha!e been dul# con!icted.

E,ceptionsB

Punish"ent for a cri"e whereof one has been dul# con!icted-

Patria potestasPosse co"itatus

Return to wor5 order in industries affected b# public interest

Ser!ice in defense of the state

Na!al 6"erchant "arine( enlist"ent

Prohibited Punish"ent

E,cessi!e fines shall not be i"posed.Nor cruel4 degrading or inhu"an punish"ent inflicted.

Neither shall death penalt# be i"posed4 unless for co"pelling reasonsin!ol!ing heinous cri"es4 the Congress hereafter pro!ides for it.

An# death penalt# alread# i"posed shall be reduced to RP.0he e"plo#"ent of ph#sical4 ps#chological or degrading punish"ent

against an# prisoner or detainee4 or the use of substandard or inadeuate

penal facilities under subhu"an conditions shall be dealt with b# law.


16/71

Gra!er offense de!eloped due to super!ening facts arising fro" the sa"e

act or o"ission-

+acts constituting the gra!er offense or were disco!ered onl# after the filingof the for"er co"plaint or infor"ation- or

0he plea of guilt# to a lesser offense was "ade without the consent of the

fiscal or the offended part#.

E, post facto law and $ill of attainder

No e, post facto law or bill of attainder shall be enacted.

E, post facto lawJinds

Law that "a5es cri"inal an action done before the passage of the law and

which was innocent when done4 and punishes such action-Law that aggra!ates a cri"e4 or "a5es it greater than it was whenco""itted-

Law that changes the punish"ent4 and inflicts a greater punish"ent than the

law anne,ed to the cri"e when co""itted-

Law that alters legal rules of e!idence and recei!es less or differenttesti"on# than the law reuired at the ti"e of the co""ission of the

offense4 in order to con!ict the offender-

Law which4 assu"ing to regulate ci!il rights and re"edies onl#4 in effect

i"poses a penalt# or the depri!ation of a right for so"ething which whendone was lawful-

Law which depri!es a person accused of a cri"e of so"e lawful protection

to which the# ha!e been entitledCharacteristics

Retroacti!e

Kor5s to the pre7udice of the accused

Refers to cri"inal "atters$ill of attainder

&efinitionB legislati!e act that inflicts punish"ent without trial.

Substitutes legislati!e fiat for a 7udicial deter"ination of guilt.

It is onl# when the statute applies either to na"ed indi!iduals or to easil#ascertainable "e"bers of a group in such a wa# as to inflict punish"ent on

the" without 7udicial trial that it beco"es a bill of attainder.

Anti:Sub!ersion Act is not a bill of attainder. si"pl# declares that the

Co""unist Part# is an organied conspirac# to o!erthrow the Go!ern"entand for definitional purposes onl#.

HII. CI0IMENS1IP

&efinitionB "e"bership in a political co""unit# which is personal and"ore or less per"anent in character.

Nationalit# is "e"bership in an# class or for" of political co""unit#. It

does not necessaril# include the right%pri!ilege of e,ercising ci!il or

political rights.us sanguinis

Naturaliation

Natural:born citiens citiens of the Philippines fro" birth without ha!ingto perfor" an# act to acuire or perfect their Philippine citienship.


17/71

Published in 2G or in a newspaper of general circulation once a wee5 for

three consecuti!e wee5s

Actual residence during the entire proceedings1earing

Pro"ulgation of the decision

1earing after * #ears 6Probation period of * #ears(Not left the Philippines

&edicated hi"self continuousl# to a lawful calling%profession

Not been con!icted of an# offense or !iolation of rules

Not co""itted an# act pre7udicial to the interest of the nation or contrar# toan# Go!ern"ent:announced policies

2ath ta5ing and issuance of certification

EffectsHests citienship on wife if she herself "a# be naturalied


18/71

+ile a petition with Regional Asse"bl# or local legislati!e bod#

Li"itation on Local Initiati!e

E,ercised not "ore than once a #earE,tend onl# to sub7ects or "atters which are within the legal powers of the

local legislati!e bod# to enact

If at an# ti"e before the initiati!e is held4 the local legislati!e bod# shalladopt in toto the proposition presented4 the initiati!e shall be cancelled

Co"position of CongressB Senate and 1ouse of Representati!e

SenateB * senators4 elected at large b# ualified !otersOualifications

Natural:born

2n the da# of the election4 at least )/ #ears of ageAble to read and writeRegistered !oter

Resident of the Philippines for not less than * #ears i""ediatel# preceding

the da# of the election

0er"B ; #ears4 co""encing at noon on ) thda# of >une ne,t following theirelection

Li"itationB no senator shall ser!e for "ore than * consecuti!e ter"s.

Holuntar# renunciation of office for an# length of ti"e shall not be

considered as an interruption in the continuit# of his ser!ice for the fullter" for which elected.

1ouse of Representati!esB not "ore than */4 unless otherwise pro!ided b#

lawCo"position

&istrict representati!e

Part#:list representati!e

Sectoral representati!eApportion"ent of legislati!e district is a 7usticiable uestion

6Pro!inces and cities and une ne,t followingtheir election4

Li"itationB shall not ser!e for "ore than ) consecuti!e ter"s.

Part#:List S#ste"B "echanis" for proportional representation

Part#B political part#4 sectoral part# or coalition of partiesPolitical Part#B organied group of citiens ad!ocating an ideolog# or

platfor"4 principles and policies for the general conduct of go!ern"ent and

which4 as the "ost i""ediate "eans of securing their adoption4 regularl#

no"inates and supports certain of its leaders and "e"bers as candoidatesfor public office.

National Part#B constituenc# is spread o!er the geographical territor# of at

least a "a7orit# of the regions.

Regional Part#B constituenc# is spread o!er the geographical territor# of atleast a "a7orit# of the cities and pro!inces co"prising the region.

Sectoral Part#B 6L3+EP:K1IP:H( organied group of citiens belongingto an# of the followingB labor4 urban poor4 fisherfol54 elderl#4 peasants4

wo"en4 handicapped4 indigenous cultural co""unities4 o!erseas wor5ersand professionals4 !eterans and #outh.

Sectoral 2rganiationB group of citiens or a coalition of groups of citiens

who share si"ilar ph#sical attributes4 characteristics4 e"plo#"ent4 interestor concern.

CoalitionB aggrupation of dul# registered national4 regional4 sectoral parties

or organiation for political and%or election purposes.

Registration%


19/71

Hacanc# auto"aticall# filled b# the ne,t rep fro" the list of no"inees and

shall ser!e for the une,pired ter". If the list is e,hausted4 the part#4

organiation or coalition shall sub"it additional no"inees.0er" of 2fficeB ter" of ) #ears and shall be entitled to sa"e salaries and

e"olu"ents as regular "e"bers of the 1ouse.

Election

RegularB *ndointHoting Separatel#

Choosing the president

&eter"ine disabilit# of the president

Confir"ing no"ination of HP&eclaration of the e,istence of a state of war

Proposing constitutional a"end"entsHoting >ointl#

Re!o5e%e,tend procla"ation suspending the pri!ilege of the writ of 1C2r placing the Philippines under "artial law

Ad7ourn"ent neither 1ouse during the sessions of the Congress shall4

without the consent of the other ad7ourn for "ore than ) da#s nor to an#

other place than that in which the * 1ouses shall be sitting.

2fficers

Senate elects its President

1ouse elects its Spea5erEach na# choose such other officers as it "a# dee" necessar#

Ouoru"ournal.

Each 1ouse shall also 5eep a Record of its proceedings.

ustices designated b# C>4 the senior 7ustice shall be the chair"an

; "e"bers of the house4 chosen on the basis of proportional representation

fro" the political parties registeredNon:partisan court- independent of Congress

0er"ination of urisdiction4 prior recourse to the

1ouse is necessar# before the case "a# be brought to the Court.PowerB sole 7udge of all contests relating to the election4 returns and

ualifications of their respecti!e "e"bers.

1RE0 "a# assu"e 7urisdiction onl# when after the winning candidate shall

ha!e been dul# proclai"ed4 has ta5en oath of office4 and has assu"edfunctions of the office.

&ecisions "a# be re!iewed b# SC b# showing gra!e abuse of discretion in

a petition for certiorari filed under R;/.

Co""ission on Appoint"ent

Co"position

Senate President4 e,:officio chair"an'* senators

'* house b and c elected b# each 1ouse on the basis of proportional representation

fro" the political parties registered.Powers act on all appoint"ents sub"itted to it within ) session da#s of

Congress fro" their sub"ission.

Shall rule b# "a7orit# !ote of its "e"bers


20/71

Non:delegation of powers

Prohibition against the passage if irrepealable laws

Procedural2nl# one sub7ect to be e,pressed in the title

0itle is not reuired to be an inde, of the contents of the bill

Sufficient co"pliance if the title e,presses the general sub7ect and all thepro!isions of the statute are ger"ane to thee sub7ect

Sufficient if the title is co"prehensi!e enough4 as in this case4 to include

sub7ects related to the general purpose which the statute see5s to achie!e.

Rider is a pro!ision not ger"ane to the sub7ect "atter of the bill.0hree readings on separate da#s

Printed copies of bill in its final for" distributed to urisdiction of the Conference Co""ittee is not li"ited to resol!ing

differences between the Senate and the 1ouse !ersions of the bill. It "a#propose an entirel# new pro!ision.

Appro!al of $ills

0he bill beco"es a law in the following casesB

President appro!es the sa"e and signs it.Congress o!errides the Presidential !eto if the President disappro!es the

bill4 he shall return the sa"e4 with his ob7ections contained in his Heto

"essage to the 1ouse of origin 6which shall enter the ob7ections at large inits >ournal(. 0he !eto is o!erridden upon a !ote of *%) of all "e"bers of the

1ouse of origin and the other 1ouse. eas and Na#s entered in the >ournal

of each 1ouse.

No poc5et !eto.Partial !eto4 as a rule4 is in!alid. It is allowed onl# for particular ite"s in an

appropriation4 re!enue or tariff bill. 0he President cannot !eto part of anite" in an appropriation bill while appro!ing the re"aining portion of the

ite".Legislati!e Heto a congressional !eto is a "eans whereb# the legislature

can bloc5 or "odif# ad"inistrati!e action ta5en under a statute. It is a for"

of legislati!e control in the i"ple"entation of particular e,ecuti!e action. It

"a# be negati!e 6sub7ecting the e,ecuti!e action to disappro!al b#Congress( or affir"ati!e 6reuiring appro!al of the e,ecuti!e action b#

Congress(

Khen the President fails to act upon the bill for ) da#s fro" receipt

thereof4 the bill shall beco"e a law as if he had signed it.Power of Appropriation

Spending power called the 8power of the purse9 belongs to Congress

sub7ect onl# to the !eto power of the President.It is the President who proposes the budget4 the final sa# on the "atter of

appropriation is lodged in Congress.

0he power of appropriation carries with it the power to specif# thepro7ect%acti!it# to be funded under the appropriation law.Need for appropriation 8N2 "one# shall be paid out of the 0reasur#

e,cept in pursuance of an appropriation "ade b# law.9

Indispensable reuisites or condition sine ua non for the e,ecution of

go!ern"ent contractsBE,istence of appropriation

A!ailabilit# of funds

Appropriation law a statute the pri"ar# and specific purpose of which is

to authorie the release of public funds fro" the 0reasur#.ClassificationB

General Appropriations Law passed annuall#4 for the financial operations

of the go!ern"ent.Special Appropriations Law for specific purpose

I"plied Li"itation on Appropriation


21/71

1eads of the depart"ents "a# upon their own initiati!e with the consent of

the President 2R upon the reuest of wither 1ouse4 as the rules of each

1ouse shall pro!ide4 appear before and be heard b# the 1ouse on an#"atter pertaining to their depart"ents.

Kritten uestions sub"itted to the Senate P or Spea5er4 ) da#s before the

scheduled appeared.Interpellations shall not be li"ited to the written uestions4 "a# co!er

"atters related thereto.

Khen the securit# of the State or the public interest so reuires4 "a# be

held in e,ecuti!e session.Kar Powers

&eclaration of the e,istence of state of war *%) of both 1ouses in 7oint

session4 !oting separatel#Power to act as $oard of Can!assers in election of PresidentPower to call a Special Election for President and HP

Power to 7udge the Presidents ph#sical fitness to discharge the functions of

Presidenc#

Power to re!o5e or e,tend suspension of the pri!ilege of the writ of 1C ordeclaration of "artial law

Power to concur in Presidential a"nesties

Concurrence of "a7orit# of all "e"bers of the Senate

Power to concur in treaties or international agree"ents*%) of all the "e"bers of the Senate

Power to confir" certain appoint"ents b# the President

in the e!ent of !acanc# in the 2ffice of HP4 fro" a"ong "e"bers ofCongress confir"ed b# "a7orit# !ote of all the oint Congressional Co""ittee4co"posed of "e"bers of the 1ouse and Senate

0he decisions and final report of the Co""ittee shall be sub7ect to the

appro!al of the 7oint session of both 1ouses if Congress4 !oting separatel#.

E!en if Congress has ad7ourned its regular session it "a# continue toperfor" this Constitutional dut# of can!assing the presidential and !ice:

presidential election results without need of an# call for a special session b#

the President.

0he 7oint public session cannot ad7ourn sine die until it has acco"plishedits constitutionall# "andated tas5.

No constitutional or statutor# basis for C2


22/71

Powers and duties shall be discharged b# the HP as Acting President


23/71

* "onths i""ediatel# before the ne,t presidential election and up to the

end of his ter"4 a President or acting President shall not "a5e appoint"ents

ECEP0 te"porar# appoint"ents to e,ecuti!e positions when continued!acancies will pre7udice public ser!ice or endanger public safet#

No law that prohibits local e,ecuti!e officials

Congresspower to prescribe ualifications

>udiciar# "a# annul an appoint"ent "ade b# President of the appointee isnot ualified or has not been !alidl# confir"ed.

Power of Re"o!al

I"plied fro" power of appoint"entPresident cannot re"o!e officials appointed b# hi" where the Constitution

prescribes certain "ethods for separation of such officers fro" ser!ice

Chair"an and co""issioners of Constitutional Co""issions

i"peach"ent>udgesdisciplining authorit# of SC

Khere power of re"o!al is lodged in PresidentB

Cause as "a# be pro!ided b# law

Prescribed ad"inistrati!e procedure

ustice o!er prosecutors

&ecisions%Resolutions of prosecutors are sub7ect to appeal to the Secretar#

of >ustice who e,ercises power of direct control and super!ision o!erprosecutors.

Khere Secretar# e,ercises power of re!iew onl# after an infor"ation is

filed4 0C should defer or suspend arraign"ent and other proceedings until

appeal is resol!ed. 12KEHER4 the 0C is not ipso facto bound b# theresolution of the Secretar#4 because 7urisdiction4 once acuired is not lost

despite the resolution of the Secretar# to withdraw the infor"ation or to

dis"iss the case.Power of general super!ision o!er local go!ern"ents.

President can onl# interfere in the affairs and acti!ities of a local

go!ern"ent unit of he finds that the latter had acted contrar# to law.

2therwise4 !iolati!e of local autono"#.Local fiscal autono"#B auto"atic release of LG3 shares in the national

internal re!enue.


24/71

Conditional pardon is in the nature of a contract between the Chief

E,ecuti!e and the con!icted cri"inal.

$# the pardonees consent to the ter"s stipulated in the contract4 thepardonee has placed hi"self under the super!ision of the Chief E,ecuti!e

or his delegate who is dut# bound to see to it that the pardonee co"plied

with the conditions of the pardonPresident is authoried to order the arrest or re:incarceration of such a

person4 if he fails to co"pl# with the conditions of his pardon.

Such e,ercise of Presidential 7udg"ent is be#ond 7udicial scrutin#.

A"nest#Stands before the law precisel# as though he had co""itted no offense

Cri"inal liabilit# is totall# e,tinguished

0o a!ail of the benefit4 "ust ad"it the guilt of the offence co!ered b# theprocla"ation

A3&ICIAL &EPAR0udicial Power&ut# of the courts of 7ustice to settle actual contro!ersies in!ol!ing rights

which are legall# de"andable and enforceable4 and to deter"ine whether or

not there has been gra!e abuse of discretion a"ounting to lac5 or e,cess of

7urisdiction on the part of an# branch or instru"entalit# of the go!ern"ent.Political uestionsforbidden territor# of courts

Inherent power of Courts to a"end and control its processed and orders so

as to "a5e the" co"for"able with law and 7ustice.

Right to re!erse itself.

Khere !ested

' SCSuch lower courts as "a# be established b# law

>urisdiction

Power to hear and decide a case

Congress shall ha!e the power to define4 prescribe and apportion the

7urisdiction of !arious courts4 but "a# not depri!e SC of its 7urisdictiono!er cases enu"erated in Section /4 Article HIII

No law shall be passed increasing appellate 7urisdiction of SC without its

ad!ice and concurrence

Constitutional Safeguards to Insure Independence of SC

SC is a constitutional bod#- it "a# not be abolished b# legislature

"e"bers of SC are re"o!able onl# b# i"peach"entSC "a# not be depri!ed of its original and appellate 7urisdiction- Appellate

7urisdiction "a# not be increased without its consent and concurrence

SC has ad"inistrati!e super!ision o!er all inferior courts and personnelSC has e,clusi!e power to discipline 7udges and 7ustices of inferior courts"e"bers of >udiciar# ha!e securit# of tenure

"e"bers of >udiciar# "a# not be designated to an# agenc# perfor"ing

uasi:7udicial or ad"inistrati!e functions

salaries of 7udges "a# not be reduced- >udiciar# en7o#s fiscal autono"#SC alone "a# initiate R2C

SC alone "a# order te"porar# detail 7udges

SC can appoint officials and e"plo#ees of 7udiciar#

Oualifications

Pro!en co"petence4 integrit#4 probit# and independence

SCNatural:born

At least

'/ #ears or "ore a 7udge of a lower court or engaged in the practice of law

in the Philippines

Lower Collegiate Courts

Natural:born

ustice Secretar#

Representati!e of Congress

Regular udiciar#E,ercise such other functions and duties as SC "a# assign

Supre"e Court

Co"position' C>

' Associate >ustices


25/71

No doctrine or principle of law laid b# a court sitting en banc or in a

di!ision4 "a# be "odified or re!ersed e,cept b# the court sitting en banc

Powers of the SC

2riginal >urisdiction

Appellate >urisdiction0e"porar# Assign"ent of 7udges of LCs to other stations as public interest

"a# reuire

2rder change of !enue or place of trial4 to a!oid "iscarriage of 7ustice

Rule:urisdiction

Cases affecting a"bassadors4 public "inisters and consuls

Petition for certiorari4 prohibition4 "anda"us

Ouo warranto1abeas corpus

Appellate >urisdiction re!iew4 re!ise4 re!erse4 "odif#4 or affir" on appeal

or certiorari as the R2C "a# pro!ide final 7udg"ents and orders of lowercourts inB

All cases in!ol!ing constitutionalit#%!alidit# of an# treat#4 international or

e,ecuti!e agree"ents4 law4 P&4 procla"ation4 order4 instruction ordinanceor regulation is in uestion

All cases in!ol!ing legalit# of an# ta,4 i"post4 assess"ent or toll or an#

penalt# i"posed in relation thereto

>urisdiction of lower court is in issueAll cri"inal cases in which penalt# i"posed is RP or higher

All cases in which onl# an error or uestion of law is in!ol!ed

&oes not include power of SC to re!iew decisions of ad"inistrati!e bodiesPenalt# is RP4 accused "ust appeal. 2therwise4 7udg"ent of con!iction will

beco"e final and e,ecutor#

If death4 0C shall forward records for auto"atic re!iew

Ouestion of LawB correct application of law or 7urisprudence to a certain setof facts- when the issue does not call for an e,a"ination of the probati!e

!alue of the e!idence4 the truth or falsehood of the facts being ad"itted.

0e"porar# Assign"ent of 7udges of LCs to other stations as public interest

"a# reuire

2rder change of !enue or place of trial4 to a!oid "iscarriage of 7ustice

Rule:udiciar# in accordance withCi!il Ser!ice Law

Power of Ad"inistrati!e Super!ision

Ad"inistrati!e super!ision o!er all courts and personnel

2"buds"an "a# not initiate or in!estigate a cri"inal or ad"inistrati!e

co"plaint before his office against a 7udge4 he "ust first indorse the case to

the SCAd"inistrati!e proceedings before the SC are confidential in nature.

Annual ReportSub"it4 within ) da#s fro" opening of each regular session of Congress to

the President and to Congress an annual report on the operations and

acti!ities of the >udiciar#.

Consultations%&ecisions of SC

Conclusions in an# case sub"itted to it for decision shall be reached in

consultation before the case is assigned to a "e"ber for the writing of theopinion of the Court. A certification to this effect signed b# the C> shall beissued.

N%A to ad"inistrati!e cases

Applicable to lower collegiate bodies

Hotes are euall# di!ided and "a7orit# is not obtained4 petition shall nbbedis"issed

0he decision shall state clearl# and distinctl# the facts and the law on which

it is based.

N%A toBustices

SCB >ustices "a# be re"o!ed onl# b# i"peach"ent

Special Prosecutor has no authorit# to conduct an in!estigation on chargesagainst a "e"ber of the SC4 in !iew of filing a cri"inal infor"ation.

$ecause if found guilt#4 he will be re"o!ed fro" office !iolation of his

securit# of tenure.

LCB >udges shall hold office during G22& $E1AHI2R until the# reachthe age of ? or beco"e INCAPACI0A0E& to discharge the duties of their

offices.

SC en banc shall ha!e the power to discipline 7udges of LCs4 or order their

dis"issal b# a !ote of a "a7orit# of the "e"bers who too5 part in thedeliberations and !oted

N20EB onl# cases in!ol!ing dis"issal of 7udges of LCs are reuired to be

decided b# the Court en banc.+irst clauseB declaration of grant of the disciplining power to and the

deter"ination of the procedure in the e,ercise b# the Court en banc

Grounds for the re"o!al of a 7udicial officer should be established be#ond

reasonable doubt4 particularl# where the charges on which re"o!al issought are "isconduct in office4 willful neglect4 corruption4 inco"petence4

etc.

>udges cannot be disciplined for e!er# erroneous order or decision rendered

in the absence of a clear showing of ill "oti!e4 "alice or bad faith.0he absence of bad faith or "alice will not totall# e,culpate the" fro"

charges of inco"petence and ignorance of the law when the# render

decisions that are totall# bereft of factual and legal bases.No law shall be passed reorganiing the >udiciar# when it under"ines the

securit# of tenure of its "e"bers.

Salaries+i,ed b# law


26/71

+ailure to decide cases within the prescribed period is not e,cusable and

constitute gross inefficienc# which is a ground for ad"inistrati!e sanction

against the defaulting 7udge.>udges who cannot co"pl# with this "andate should as5 for additional

ti"e4 e,plaining in their reuest the reasons for the dela#.

&espite e,piration of the "andator# period4 the court4 without pre7udice tosuch responsibilit# as "a# ha!e been incurred in conseuence thereof4 shall

decide or resol!e the case or "atter sub"itted to it without further dela#.

Court does not lose 7urisdiction despite the lapse of the "andator# period.

I. C2NS0I030I2NAL C2udiciar# below the a"ount appropriated for thepre!ious #ear does not appear in Section /4 Article I:AD. Congress is not

prohibited fro" reducing the appropriations Constitutional Co""issions

below the a"ount appropriated for the" for the pre!ious #ear.

pro"ulgate its own procedural rules4 pro!ided the# do not di"inish4increase or "odif# substanti!e rights 6sub7ect to disappro!al b# the SC(

appoint their own officials and e"plo#ees in accordance with Ci!il Ser!ice

Law

Chair"an and "e"bers re"o!ed onl# b# i"peach"entChair"an and "e"bers are gi!en a fairl# long ter" of ? #ears

Chair"an and "e"bers "a# not be reappointed or appointed in an acting

capacit#salaries of Chair"an and "e"bers are relati!el# high and "a# not be

decreased during continuance in office

Chair"an and "e"bers are sub7ect to certain disualification calculated to

strengthen their integrit#

Inhibitions%&isualifications

not hold an# other office or e"plo#"ent4 during tenure

not engage in the practice of an# professionnot engage in the acti!e "anage"ent or control of an# business which in

an# wa# "a# be affected b# the functions of his office

not be financiall# interested4 directl# or indirectl#4 in an# contract or in an#

franchise or pri!ilege granted b# the Go!ern"ent

Rotational Sche"e of Appoint"ents

+irst appointees ser!e ter"s of ?4 / and ) #ears.After the first co""issioners are appointed4 the rotational sche"e is

intended to pre!ent the possibilit# of one President appointing all the

Co""issioners.

Rotational plan reuiresBter"s of the first co""issioners should start on a co""on date

an# !acanc# due to death4 resignation or disabilit# before the e,piration ofthe ter" should onl# be filled for the une,pired balance of the ter".

&ecisions

Each Co""ission shall decide b# a "a7orit# !ote of all its "e"bers an#

case or "atter brought before it w%in ; da#s fro" the date of its

sub"ission for decision or resolution.udg"ent of the C2A are not re!iewable b# ordinar# writ of error or appeal

b# certiorari to the SC. 2nl# when C2A acts without or in e,cess of

7urisdiction4 or with GA& a"ounting to lac5 or e,cess of 7urisdiction4 "a#

this court entertain a petition for certiorari under R;/.

&ecisions of the CSC shall be appealable b# certiorari to the CA w%in '/da#s fro" receipt of a cop#. +ro" the decision of the CA4 the part#

ad!ersel# affected thereb# shall file a petition for re!iew on certiorari under

R/.

Enforce"ent of &ecision

+inal decision of the CSC are enforceable b# writ of e,ecution which CSC

"a# itself issue.

CIHIL SERHICE C2ose


27/71

Closed Career Ser!ice

Scientific or highl# technical

Career E,ecuti!e Ser!ice3ndersecretaries4 bureau directors4 etc.

Positions in the Ar"ed +orces of the Philippines

Go!erned b# a different "erit s#ste"Career 2fficers

2ther than those belonging to Career E,ecuti!e Ser!ice4 appointed b#

President4 e.g. foreign ser!ice

Personnel of G2CC w% original chartersPer"anent laborers 6s5illed4 se"i:s5illed or uns5illed(

Incu"bents of positions which are declared to be CES positions for the first

ti"e who hold per"anent appoint"ents shall re"ain under per"anentstatus in their position. 3pon pro"otion or transfer to other CES positions4these incu"bents shall be under te"porar# status in said other CES

positions until ualif#4


28/71

Partisan Political Acti!it# no officer or e"plo#ee in the ci!il ser!ice shall

engage4 directl# or indirectl#4 in an# electioneering or partisan political

ca"paignE,cept to !ote

&oes not pre!ent e,pression of !iews regarding political proble"s or

"ention the na"es of the public officers he supportsApplicable to "ilitar# establish"entsonl# to th

Political Reviewer Nachura

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