This Act shall be known as the "Civil Code of the Philippines." (n) Judicial decisions applying or interpreting the laws or the Constitution shall form a part of the. CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES. PREAMBLE. The Filipino people, imploring the aid of Divine Providence, in order to establish. PDF | This e-book is a college textbook for the course, Philippine History with Politics, Government, and the Philippines Constitution. It provides.
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The national territory comprises the Philippine archipelago, with all the islands and .. ratification of this Constitution, one-half of the seats allocated to party-list . SUMMARY / REVIEWER OF THE PHILIPPINE CONSTITUTION. Jocelyn Frago. INTRODUCTION TO POLITICAL SCIENCE 4. Social Contract Theory. do ordain and promulgate this Constitution. ARTICLE I. NATIONAL TERRITORY. The national territory comprises the Philippine archipelago, with all the islands.
To exceptional services such as military and naval enlistment eventual conviction provided only that the three conditions above are present. Substantive Due Process - requires that the law itself not merely the procedure by which the law political, cultural and industrial would be enforced is fair, reasonable, and just. Effects of pardon Sphere of law on fan1ily III Section 6:
Court having jurisdiction Right against detention by reason of political beliefs and aspirations - Given fair and impartial trial Right against cruel, degrading or inhuman punishment. Observance of fundamental fairness Right against double jeopardy. Right to presumptions of innocence Reasons for Constitutional Safeguards In all criminal prosecutions, the accused is presumed innocent until the contrary is proved.
A criminal case, an unequal contest - it is of necessity, unequal contest because the parties are of unequal strength. The Rules of Court provides: In all criminal prosecution, the defendant shall be entitled to be present and defend in person Right to adequate legal assistance - the State has a duty to provide free and legal assistance to and by counsel at every stage of the proceedings.
After a plea of not guilty, the accused is entitled to 2 days to prepare for trial unless the court. For Basis: Before arraignment, the court shall inform him of his right to counsel and shall ask him if he strongest temptation to commit perjury.
Freedom from political belief Right to be informed of the cause and nature of the accusations against him: Remedy of accused whose rights is violated - this requirement of notice is indispensable in as during Martial law.
Suspension of privilege of writ of habeas corpus even after lifting of Martial law 3. Prohibition a guarantee against having a prisoners of conscience Right to have a speedy, impartial and public trial 1.
Speedy trial - one that can be has as soon as possible, after a person is indicted and within such Involuntary servitude - denotes a condition of enforced, compulsory service of one to another. It time as the prosecution with reasonable diligence, could prepare for it. Right to confrontation of witnesses Basis and purpose of the prohibition: The accused person has the right to confront witness face to face.
Reasons are: The prohibition is grounded on the value accorded to human dignity in a democratic and free 1. Cross-examination of witness by the accused society. The purpose is to maintain a system of completely free and voluntary labor.
Trials in the absence of the accused Exceptions to the Prohibition: Conditions on Trial In the absence of the Accused: Reason for rule - an accused cannot, by simply escaping, thwart his prosecution and possibly 4.
To exceptional services such as military and naval enlistment eventual conviction provided only that the three conditions above are present. To exercise by parents their authority to require their children to perform reasonable amount of work Section The privilege of the writ of habeas corpus shall not be suspended except when the 6.
When there is a proper exercise of the police power of the State. May be suspended by the president incase only if invasion or rebellion when public safety requires it.
To inquire into all manner of involuntary restraint or detention as distinguished the sound discretion of the court, if it keeps within the limit of the Statute, it cannot be held from voluntary and to relieve a person therefrom if such restraint is found illegal. Writ - is the order from the court requiring a person detaining another to show cause for detention Right against cruel, degrading, or inhuman punishment - This right can only be invoked after conviction for a crime.
Writ of Amparo - This special writ prohibits respondents from using the defense of simple denial. Can be invoked by the families of victims of extrajudicial killings, and enforced disappearances Section No person shall be imprisoned for debt or non-payment of a poll tax.
Debt - any liability to pay money arising out of a contract, express or implied. Refers to Civil or contractual debt or one not arising from a criminal offense. All persons shall have the right to a speedy disposition of their cases before all judicial, Estafa - is a criminal offense where you a person van be imprisoned for non payment of debt quasi-judicial, or administrative bodies.
No person shall be compelled to be a witness against himself. No person shall be twice put in jeopardy of punishment for the same offense. Right against Self incrimination - no person shall be compelled to be a witness against himself which may expose him to criminal liability Right against double jeopardy - When a person is charged with an offense, and the case is terminated either by acquittal or conviction, the latter cannot again be charged of the same or identical offense.
Classes of Double Jeopardy Naturalization - act of formally adapting a foreigner into the political body of the state and clothing 1. For the same offense - the protection is against double jeopardy for the same offense and not him with the rights and privileges of citizenship. For the same act - double jeopardy of punishment for the same act. By judgment of the court - the foreigner who wants to become a Filipino must apply for Section No ex post facto law or bill of attainder shall be enacted.
Naturalization with the proper Regional Trial Court. By direct act of Congress - our law making body simply enacts an act directly conferring Ex post Facto Law - An ex post facto law is one which operating retrospectively: Makes an act done before the passage of a law; 3.
By administrative proceedings - under R. Alters the legal rules of evidence, and receives less testimony from what the law required at the Section 2: Philippine citizenship time of the commission of the offense, in order to convict the offender.
Natural born citizen: Citizen at the time of adoption of the new Constitution - refer to those who are considered their advantage. Citizen through election - refers to those born on Filipino mothers before Jan. Naturalized citizens - refers to those who were originally citizens of another country but who, by an intervening act naturalization , have acquired new citizenship in a different country.
Section 1: The following are citizens of the Philippines: Those who are citizens of the Philippines at the time of the adoption of this Constitution; Section 3: Philippine citizenship may be lost or reacquired in the manner provided by law. Those whose fathers or mothers are citizens of the Philippines; 3.
Those born before January 17, , of Filipino mothers, who elect Philippine citizenship upon Loss of citizenship reaching the age of majority; and 1. Voluntarily - it is called expatriation 4. Alien - is a citizen of a country who is residing on or passing through another country.
By direct act of the Congress of the Philippines. Repatriation - is effected by merely taking the necessary oath of allegiance to the Republic of the Philippines and registering the same in the proper civil registry. The children follow Section 4: Citizens of the Philippines who marry aliens shall retain their citizenship, unless they to the citizenship of the parent.
The Philippines uses this rule. The U. The person become the citizen where he is born irrespective of the citizenship of the parents. Effects of marriage of citizen to an alien 2. A political right - in the sense of a right conferred by the Constitution.
Scope of Suffrage: Section 5: Dual allegiance of citizens shall be dealt with by law. Plebiscite - name given to vote of the people expressing their choice for or against a proposed Dual allegiance - refers to the continued allegiance of naturalized nationals to their mother country law even after they have acquired Filipino Citizenship.
Referendum - submission of a law or part thereof passed by the national or local legislative body 4. Initiative - process whereby the people directly propose and enact law. Dual Citizenship - refers to the possession of two citizenships by an individual, that of his original 5. Have resided in the Philippines for at least 1 year and in the place wherein he proposes to vote - absolute and permanent allegiance to his government at least six months preceding the election.
Insane or incompetent person declared by a competent authority. The Congress secure the secrecy and sanctity of the ballot. The legislative power shall be vested in the Congress of the Philippines - Active concern with affairs of the government Legislative power - authority under the constitution to make laws and subsequently, when the need - Need for civic courage and pride or sense of civic values arises, to alter and repeal them.
Plenary or General - a grant of legislative power means the grant of all legislative power for all - Duty to be a useful and productive member of the society purposes of civil government. Implied Power - they are those essential or necessary to the effective exercise of the powers expressly granted. Like the power to conduct inquiry and investigation in aid of legislation to Nature of Suffrage: A mere privilege - not a natural right of the citizen but merely a privilege to be given or withheld 4.
Inherent Power - powers which are possessed and can be exercised by every government by the law making power subject to constitutional limitations. Presidential System - power of the government are divided into 3 classes: Executive, legislative - resident thereof for a period of not less than one year immediately preceding the day of the and Judicial. Parliamentary System - there is a fusion rather that a separation of the two classes: Policy making and Policy Executing.
Prime minister is the head of government. The Members of the House of Representatives shall be elected; 3. French presidential - parliamentary system-variant of two types of government 1. For a term of three years which shall begin, unless otherwise provided by law, at noon on the thirtieth day of June next following their election.
Principle of check and balance - Constitutional provisions authorize a considerable amount of 2. No Member of the House of Representatives shall serve for more than three consecutive terms. Section 2. Section 8: Regular election of the Senators and the Members of the House of Representatives shall be held on the second Monday of May. Section 3. No person shall be a Senator unless: In case of vacancy in the Senate or in the House of Representatives: Regular Election - held on the 2nd Monday of May.
No increase in said compensation shall take effect until after the expiration of the full term of all the Members of the Senate and the House of Representatives approving such increase. A Senator or Member of the House of Representatives shall: Composition of The House of Representatives: No Senator or Member of the House of Representatives may: Interpellations shall not be limited to written questions, but may cover matters related thereto.
When the security of the State or the public interest so requires and the President so states in writing, the appearance shall be conducted in executive session. The Congress, shall have the sole power to declare the existence of a state of war.
In times of war or other national emergency, the Congress may: Regular Session - convene once every year on the fourth Monday of July authorize the President, for a limited period and subject to such restrictions as it may prescribe, to 2.
Special Session - The President may call a special session at any time. Quorum- a number of the membership of an assembly, or collective body as is competent to transact its business. Kinds of Appropriations: Annual or General Appropriations - they set aside annual expenses for the general operations of assembly.
Special or Supplemental Appropriations - include all appropriations not contained in the budget. Revenue bill - primary purpose is to raise revenue parties or organizations registered under the party-list system represented therein.
Tariff bill - reference to one imposing custom - The senior Justice in the Electoral Tribunal shall be its Chairman. Bill authorizing increase of the public debt - one which creates public indebtedness such as a bill providing for the issuance of bonds and other forms of obligations. Compositions of Commission on Appointments: Bill of local application - affecting purely local or municipal concerns like one creating a city or 1. President of the Senate municipality or changing its name.
Twelve Senators 5. Private bill - affecting purely private interest such as one granting a franchise to a person or 3. Twelve Members of the House of Representatives corporation or compensation to a person for damages suffered by him by which the government considers itself liable. The Electoral Tribunals and the Commission on Appointments shall be: Constituted within thirty days after the Senate and the House of Representatives shall have been Section Budget organized with the election of the President and the Speaker.
The Congress may not increase the appropriations recommended by the President for the 2. No provision or enactment shall be embraced in the general appropriations bill unless it relates herein conferred upon it. The procedure in approving appropriations for the Congress shall follow the procedure for Section The records and books of accounts of the Congress shall be: A special appropriations bill shall specify the purpose for which it is intended, and shall be 2.
No law shall be passed authorizing any transfer of appropriations; Section The Senate or the House of Representatives or any of its respective committees may 6. Inquiries in aid of legislation in accordance with its duly published rules of procedure. The rights of persons appearing in or affected by such inquiries shall be respected. The heads of departments with the consent of the President, shall provide; 1. Written questions shall be submitted to the President of the Senate or the Speaker of the House of Representatives at least three days before their scheduled appearance.
Every bill passed by the Congress shall embrace only one subject which shall be 2. Joint - if approved by both House meeting in joint session but voting separately Requirements as to Subject and Title of the Bill 1. One title, one subject - a proposed law is called a bill.
The rule of taxation shall be uniform and equitable. Purpose of Constitutional requirement: Implies equality in burden, not in amount.
Steps in the passage of a bill Exemption of certain entities and properties from tax 1. First reading - any member of either House may present a proposed bill, signed by him for 1st - Test of exemption- covers only property taxes and not other taxes.
Referral to appropriate committee - after 1st reading, the bill is referred to the proper committee for study and consideration. No money shall be paid out of the Treasury except in pursuance of an appropriation 3. Second reading - if the bill id favored by the committee, it is forwarded to the Committee on made by law.
Debates - general debate is now opened. Amendment may be proposed by any member of indirectly, Congress. Nominal voting is held 7. Referral to the other house - if approved, the bill is passed to the other house where it will take Section No law shall be passed increasing the appellate jurisdiction of the Supreme Court as the same procedure. No law granting a title of royalty or nobility shall be enacted. Submission to the President - a bill approved on the 3rd reading shall be printed and submitted Section The Congress shall, as early as possible, provide for a system of initiative and to the president for his approval or disapproval.
Either signed or sent back with a veto message referendum. Initiative - reserved power of the people to directly propose and enact laws at polls called for the Section Every bill passed by the Congress shall, before it becomes a law, be presented to the purpose independently of Congress or of a local legislative body.
Bill - a draft of a law submitted to the consideration of a legislative body for its adoption. Referendum - the process by which any act or law or part thereof passed by the Congress or by a Statute - written will of the legislature as an organized body expressed according to the form local legislative body is submitted to the people for their approval or disapproval. Title - Announces the subject matter of the act.
The executive power shall be vested in the President of the Philippines. Preamble - follows the title and precedes the enacting clause. Following the Charter, sec. Enacting clause - it serves as a formal mean of identifying the legislative body that enacts the the Philippines. Body - portion containing the proposed law or statute itself Executive power - the power to administer the laws, which means carrying them into practical 5.
Effectivity clause - portion providing for the time when the law shall take effect. A law takes effect operation and enforcing their due observance. It is the power vested in the President to disapprove acts passed by the Congress Section 3: The President and the Vice-President shall be: Where there are no President and Vice-President 1. Elected by direct vote of the people.
Before assumption - the Senate President, or incase in his inability, the Speaker of the house of 2. For a term of six years which shall begin at noon on the thirtieth day of June next following the Representative, shall act as President until a President and a Vice-President shall have been day of the election and shall end at noon of the same date six years thereafter.
The President shall not be eligible for any reelection. After assumption - the Senate President, or incase in his inability, the Speaker of the house of 4. No Vice-President shall serve for more than two successive terms. So help me God. The Congress shall, convene in accordance with its rules without need of a call and within seven days enact a law calling for a special election.
Whenever the President was unable to perform his duty, such powers and duties shall be discharged by the Vice-President as Acting President. The salaries of the President as provided by law, has an annual salary of Php, Declaration by the president - may transmit his written declaration of being unable to discharge during their tenure. No increase in said compensation shall take effect until after the expiration of the term of the 2.
They shall not receive during their tenure any other emolument from the Government or any other 3. Decision by Congress incase of a dispute - voting separately may decide on the existence or source. In case of serious illness of the President, the public shall be informed of the state of his President, the Vice-President shall become the President to serve the unexpired term.
When Vice president shall act as president Section In case of temporary inability or incapacity of the President to discharge his powers and duty. Rule on Nepotism Section 7: The President shall nominate and, with the consent of the Commission on When Vice president shall act as President Appointments, appoint the heads of the executive departments.
If, at the beginning of the term, President-elect shall have died, or shall have become permanently disabled. Kinds of Presidential Appointment Section Except in cases of impeachment, or as otherwise provided in this Constitution, the 1. Kinds of Appointment in the career services: Reprieve - Is the postponement of the execution of a death sentence to a certain date. Permanent - issued to a person who meets all the requirement for the position to which he is appointed. Temporary or acting - issued to a person who meets all the requirement for the position to which he is being appointed except the appropriate civil service eligibility ; it shall not exceed 12 Commutation - the reduction of the sentence imposed to a lesser punishment as from death to life months.
It may be granted without the acceptance and even against the will of the convict. Steps in appointing process Pardon - an act of grace proceeding from the power entrusted with the execution of the laws which 1. Appointment — act of the appointing power exempts the individual on whom it is bestowed.
Acceptance - act of the appointee. Express - when done verbally or in writing been pardoned because the courts take no judicial notice.
Implied - when, without formal acceptance, the appointee enters upon the exercise of the duties - Granted for infraction of the peace of the State. Absolute - it is not subject to any condition whatsoever, it becomes effective when made.
It is different from appointment. Pardoning Power - Extends to all offenses including criminal contempt.
It does not give the President - Not expressly granted power to exempt, except from punishment anyone from the law. It may not exercised for offense in impeachment Section May not be exercised over civil contempt Section The President shall be the Commander-in-Chief of all armed forces of the Philippines. Military Power of the President 1. Powers to meet emergency situation Effects of Pardon - call out such armed forces to prevent or suppress lawless violence, invasion or rebellion 1.
Removes penalties and disabilities and restores him to his full civil a political rights - To suspend the privilege of writ of habeas corpus 2. Does not discharge the civil liability of the convict to the individual he has wronged as the - To declare Martial Law President has no power to pardon a private wrong 3.
Power to suspend privilege of writ of habeas corpus Amnesty - act of the sovereign power granting oblivion or a general pardon for a past offense 1. There must be invasion or rebellion. The public safety must require the suspension character such as treason, sedition or rebellion.
Martial Law - Act of forgetfulness All laws that are reference to and are administered by the Military Forces of the State: Basis, object and duration of Martial Law Section The President may contract or guarantee foreign loans on behalf of the Republic of the - Basis - the right to declare, apply and exercise martial law is one of the rights of Sovereignty. Philippines with the prior concurrence of the Monetary Board, and subject to such limitations as may - Object - object of martial Law is the preservation of public safety and good order.
No treaty or international agreement shall be valid and effective unless 1.
General - empowered to decide all disputes which may come before it except those assigned concurred in by at least two-thirds of all the Members of the Senate. Jurisdiction of the regional trial court 2. May be bilateral or 3. It may be exclusive or multilateral.
Also known as a pact, convention or charter. Appellate - can take a case already heard and decided by a lower court removed from the latter Steps in treaty making by appeal.
Exclusive - can try and decide a case which cannot be presented before any other court 2. Concurrent - when any two or more courts may take cognizance of a case. Criminal - that which exists for the punishment of crime 8. Civil - that which exists when the subject matter is not a criminal nature ex. Collection of debt Section The President shall submit to the Congress within thirty days from the opening of every regular session, as the basis of the general appropriations bill, a budget of expenditures and Section 3: The Supreme Court shall be composed of: The President shall address the Congress at the opening of its regular session.
He may - Chief Justice also appear before it at any other time. En banc or in division - the Supreme court may hear and sit cases En banc i. The judicial power shall be vested in one Supreme Court and in such lower courts as in division of 3, 5, or 7 members.
Judicial power - the power and duty of courts of justice to apply the laws to contests or disputes 3. Decisions of divisions - by sitting in division, the Supreme Court increases its capacity to concerning legally recognized rights or duties between the State and private persons or individuals dispose of cases pending before it.
Executive agreement - agreement entered into by the President on behalf of the Philippines with the government of another country and is effective and binding upon the Philippines even without Scope of Judicial Power: Adjudicatory power - judicial power includes the duty of courts of justice.
Power of judicial review - also includes the power to: Those made purely as executive acts. Those entered into in pursuance of acts of Congress c. If you face any issues, please contact the developer. The PH Constitution was taken from http: Reviews Review Policy.
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