Philippine Constitution
It is not a debt since it is an obligation arising from law hence its nonpayment maybe validly punished with imprisonment.
A Tax
security given for the release of a person in custody of law, furnished by him or a bondsman, to guarantee his appearance before any court as required under conditions specified under the rules of court.
BAIL
legislative act that inflicts punishment without trial; legislative declaration of guilt.
BILL OF ATTAINDER
In the general rule: Political questions are beyond the pale of judicial review, what is the exception?
It is well within the power and jurisdiction of the Court to inquire whether there is a violation of the Constitution or grave abuse of discretion amounting to lack or excess of jurisdiction.
It is invalidating a law or executive act that is found to be contrary to the Constitution.
Checking
The Supreme Court shall be composed of?
Chief Justice and fourteen Associate Justices. It may sit en banc or in its discretion, in division of three, five, or seven Members. Any vacancy shall be filled within ninety days from the occurrence thereof.
it is the right to prevent possible abuses which may be committed against the accused.
Public trial
It is part of substantive due process
Publication of laws
The inherent legislative power by which the sovereign raises income to defray the necessary expenses of the government.
Taxation
Treated as a special fund and paid out for such purpose only; when purpose is fulfilled, the balance, if any, shall be transferred to the general funds of the Government.
Tax for special purpose
Kinds of license fees
a) For useful occupations or enterprises b) For non-useful occupations or enterprises. When a license fee is imposed in order to discourage non-useful occupations or enterprises, the amount imposed may be a bit exorbitant
Effects of Denaturalization:
a) If ground affects intrinsic validity of proceedings, denaturalization shall divest wife and children of their derivative naturalization; and b) If the ground is personal, the wife and children shall retain citizenship.
Exception?
a. Those born in the Philippines and received primary and secondary education in a Philippine school; b. Those who have resided in the Philippines for thirty years; c. The widow or children of the applicant who died before his application was granted.
It is meant to prevent the legislature from "weakening the fortitude by appealing to their avarice or corrupting their integrity by operating on their necessities.
The prohibition against the change of their salary either by reduction or increase during their term.
The Comelec, under Art. IX (B), Sec. 2 (1) and (3), has the power to?
decide all administrative cases before proclamation or "pre-proclamation proceeding.
Rule on amnesty?
it requires a previous admission of guilt since a person would not need the benefit of amnesty unless he were, to begin with, guilty of the offense covered by the proclamation.
Congress uses this to make sure that the administrative agencies perform their functions within the authority delegated to them. Section 21. Legislative Investigation
its oversight power
Congress exercises legislative scrutiny thru what?
its power of confirmation.
It is the assertion of solemn and sacred obligation assigned to the judiciary by the Constitution to determine conflicting claims of authority under the Constitution and to establish for the parties in an actual controversy the right which that instrument secures and guarantees to them.
judicial Review
Witnesses not submitted for cross-examination are what?
not admissible as evidence
Availability of SELF-INCRIMINATION
not only in criminal proceedings, but also in all other government proceedings, including civil actions and administrative or legislative investigations. May be claimed not only by accused but by witness to whom an incriminating question is addressed.
When exercising its purely administrative powers under this paragraph, the Comelec may what?
not punish contempt.
Since the Constitution has constituted the Tribunals a "sole judge" of the legislative election contests, their decisions on such controversies are what?
not subject to appeal to the SC, However, the SC is not totally excluded. Under Art. VIII, Sec. 1, judicial power includes the authority "to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the government."
What is the objective of Sec. 22?
to obtain information in pursuit of Congress' oversight function. And in keeping with the doctrine of separation of powers, the Congress may only request the appearance of department heads, who may appear with the consent of the President.
REACQUISITION OF CITIZENSHIP
1. By naturalization; 2. By repatriation; 3. By direct act of Congress.
By exception, however, it has given judicial power as what?
"Sole judge of all contests relating to the election, returns, and qualifications of all regional, provincial and city officials. However, Comelec cannot claim to exercise the so-called inherent powers of the regular courts.
The term "public use" has now been held to be synonymous with what?
"public interest", "public benefit", "public welfare", and "public convenience".
Restriction on use of the property may also constitute a what? if not reasonably necessary to the effectuation of a substantial public purpose or if it has an unduly harsh impact on the distinct investment-backed expectations of the owner.
"taking"
It is settled that the market value of the property is?
"that sum of money which a person, desirous but not compelled to buy, and an owner, willing but not compelled to sell, would agree on as a price to be given and received therefore".
The only questions that may not be touched by the Comelec is what?
"those involving the right to vote". The power to determine whether or not a person can exercise or is precluded from exercising the right to vote is a judicial question.
The auditing authority of the COA over government-owned corporations extends only to those?
"with original charter".
All persons in custody shall be admitted to bail as a matter of right, with sufficient sureties, or be released on recognizance as prescribed by law or this rule:
(a.) Before or after conviction by the MTC, and (b.) Before conviction of the RTC of an offense not punishable by death, reclusion perpetua or life imprisonment.
No person, regardless of the stage of the criminal prosecution, shall be admitted to bail if:
(a.) charged with a capital offense, or an offense punishable by reclusion perpetua or life imprisonment; AND (b.) evidence of guilt is strong.
Exception:
(take then file). When filing of the case comes later than the time of taking and meanwhile the value of the property has increased because of the use to which the expropriator has put it, the value is that of the time of the earlier taking. Otherwise the owner would gain undeserved profit. But if the v alue increased independently of what the expropriator did, then the value is that of the later filing of the case.
The council is composed of 3 ex-officio members:
1) Chief Justice as ex officio Chairman, 2) Secretary of Justice, and 3) representative of the Congress
Requisites for Valid Exercise:
1) Lawful Subject 2) Lawful Means
Requisites for Valid Exercise
1) Necessity for public use 2) The expropriated property must be private property 3) Taking in the Constitutional sense 4) Just Compensation (JC) 5. Due process
4 regular members:
1) representative of the Integrated Bar, 2) professor of law, 3) retired Member of the Supreme Court, and 4) representative of the private sector
Kinds of Pardon
1. Absolute or Conditional 2. Plenary or Partial
Constitutional Limitations of General Appropriation law:
1. All appropriation bills should originate in the House of Representative. 2. Sec. 25(6) Discretionary funds appropriated for particular officials shall be disbursed only for public purposes to be supported by appropriate vouchers and subject to such guidelines as may be prescribed by law. 3. Congress may not increase the appropriations recommended by the President for the operation of the Government as specified in the budget. 4. The form, content, and manner of preparation of the budget shall be prescribed by law. 5. No provision or enactment shall be embraced unless it relates specifically to some particular appropriation therein. Any such provision or enactment shall be limited in its operation to the appropriation to which it relates. This is intended to prevent riders, or irrelevant provisions included in the bill to ensure its approval.
The following cases are to heard and decided en banc:
1. All cases involving the constitutionality of a treaty, international or executive agreement, or law; 2. Cases involving the constitutionality, application, or operation of presidential decrees, proclamations, orders, instructions, ordinances, and other regulations; 3. Cases heard by a division when the required majority in the division is not obtained; 4. Cases where the Supreme Court modifies or reverses a doctrine or principle of law previously laid down either en banc or in division; 5. Administrative cases where the vote is for the dismissal of a judge of a lower court or otherwise to discipline such a one; 6. All cases which under the Rules of Court may be required to be heard en banc; and 7. Election contests for President or Vice-President.
Distinctions between Amnesty and Pardon?
1. Amnesty usually addressed to crimes against sovereignty of State; pardon condones infractions of peace of State. 2. Amnesty usually generally addressed to classes or even communities of persons; pardon is usually addressed to individual. 3. In amnesty, there may or may not be distinct acts of acceptance; in pardon, there must be distinct acts od acceptance. 4. Amnesty requires concurrence of Congress; pardon does not. 5. Amnesty is a public act of which the courts take judicial notice; pardon is private act of the President. 6. Amnesty looks backward and abolishes and puts into oblivion the offenses itself; pardon looks forward and relieves the offender from consequences of offense of which he has been convicted.
Modes of acquiring citizenship
1. By birth a. jus sanguinis; and b. jus soli; 2. By naturalization; 3. By marriage
Limitations on Judicial Power:
1. By the principle of separation of powers, Courts may neither attempt to assume nor be compelled to perform non-judicial functions. 2. Political questions are beyond the pale of judicial review. 3. It is not the function of the judiciary to give advisory opinion. The giving of such opinion is not the exercise of judicial function. 4. In moot and academic cases, the Court has nothing to do but to dismiss the case.
The Military Power provision speaks of the three powers:
1. Calling Out power as a commander-in-chief of the AFP 2. Martial Law Power; 3. Power to Suspend the Privilege of the Writ of Habeas Corpus
Functions of Judicial Review
1. Checking 2. Legitimating 3. Symbolic
Who are considered as Natural Born Citizens
1. Citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship; 2. Those born before January 17, 1973 of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority
Tests for Valid Government Interference to Freedom of Expression:
1. Clear and present danger rule 2. Dangerous tendency rule 3. Balancing of interest rule
Categories of Congressional Oversight functions:
1. Congressional Scrutiny 2. Congressional Investigation 3. Legislative Supervision
Two kinds of tax exemptions:
1. Constitutional 2. Statutory
COA has only post-audit authority over:
1. Constitutional bodies, commissions and offices that have been granted fiscal autonomy under this Constitution; 2. Autonomous state colleges and universities; 3. Other government-owned or controlled corporations and their subsidiaries; and 4. Such non-governmental entities receiving subsidy or equity, directly or indirectly, from or through the Government, which are required by law or the granting institution to submit to such audit as a condition of subsidy or equity.
Effect of Treaties
1. Contract between states as parties 2. It is a law for the people of each state to observe (municipal law)
RIGHTS OF THE ACCUSED
1. Criminal Due Process 2. Presumption of Innocence 3. Right to be heard by himself and counsel 4. Right to be informed of nature and cause of accusation against him; − Description not designation of the offense is controlling. 5. Right to speedy, impartial and public trial; 6. Right to meet witness face to face 7. Right to compulsory process to secure attendance of witnesses and production of evidence; 8. Trial in absentia
Coverage of the law
1. Debt 2. Poll Tax
When exercised by the delegate: Requisites mentioned above must be followed together with the following:
1. Express grant by law 2. Within territorial limits (for LGUs, except when exercised to protect water supply) 3. Must not be contrary to law.
Limitations to the Military Power:
1. He may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion only. 2. The grounds for suspension of the privilege of the writ of habeas corpus and the proclamation of martial law are now limited only to invasion or rebellion. 3. The duration of suspension and proclamation should not exceed 60 days following which it shall be lifted, unless extended by Congress. 4. The President shall submit a report in person or in writing to the Congress within forty-eight hours from the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus. 5. The Congress, voting jointly, by a vote of at least a majority of all its Members in regular or special session, may revoke such proclamation or suspension, which revocation shall not be set aside by the President. 6. The Congress may extend such proclamation or suspension for a period to be determined by the Congress, if the invasion or rebellion shall persist and public safety requires it. The initiative for extension, however, can only come from the President. 7. The Supreme Court may review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis of the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus or the extension thereof and must promulgate its decision thereon within 30 days from its filing. 8. The suspension of the privilege of the writ of habeas corpus shall apply only to persons judicially charged for rebellion or offenses inherent in, or directly connected with, invasion. 9. A state of martial law does not suspend the operation of the Constitution, nor supplant the functioning of the civil courts or legislative assemblies, nor authorize the conferment of jurisdiction on military courts and agencies over civilians where civil courts are able to function, nor automatically suspend the privilege of the writ. 10. During the suspension of the privilege of the writ of habeas corpus, any person thus arrested or detained shall be judicially charged within three days, otherwise he shall be released.
What should he do?
1. He may deal with foreign states and government. 2. Extend or withhold recognition. 3. Maintain diplomatic relations. 4. Enter into treaties. 5. Transact business of foreign relations.
Difference between Treaties and Executive Agreements
1. International agreements which involve political issues or changes of national policy and those involving international arrangements of a permanent character take the form or a treaty; while international agreements involving adjustment of details carrying out well established national policies and traditions and involving arrangements of a more or less temporary nature take the form of executive agreements 2. In treaties, formal documents require ratification, while executive agreements become binding through executive action.
limitations:
1. It cannot be exercised over cases of impeachment 2. Reprieves, commutations, and pardons, and remission of fines and forfeitures can only be given after conviction by final judgment. 3. A grant of amnesty must be with the concurrence of a majority of all the Members of the Congress. 4. No pardon, amnesty, parole, or suspension of sentence for violation of election laws, rules, and regulations shall be granted by the President without the favorable recommendation of the Commission. 5. Pardon cannot be extended to a person convicted of legislative contempt (this would violate the doctrine of separation of powers) or of civil contempt (this would violate the benefit not of State itself but of private litigant whose rights have been violated by contemnor. 6. Pardon cannot be extended for the purpose of absolving the pardoned of civil liability. 7. Pardon also will not restore offices that has been forfeited.
Limitations on Appropriation (Fiscal Power) or\ Implied or Extra-constitutional Limitations on appropriation measures:
1. It is essential that it be devoted to a public purpose. 2. The sum authorized to be released must be determinate, or at least determinable.
The Revenue Power or the power to tax has the following limitations:
1. It shall be uniform and equitable 2. Congress shall evolve a progressive system of taxation 3. Charitable institutions, churches and personages or convents appurtenant thereto, mosques, non-profit cemeteries, and all lands, buildings, and improvements, actually, directly, and exclusively used for religious, charitable, or educational purposes shall be exempt from taxation. 4. Law granting any tax exemption shall be passed only with the concurrence of a majority of all the Members of the Congress. 5. Art. XIV, Sec 4(3) All revenues and assets of non-stock, non-profit educational institutions used actually, directly, and exclusively for educational purposes shall be exempt from taxes and duties.
The Powers of Congress are classified into what?
1. Legislative Power in General 2. Specific Legislative Powers 3. Non-legislative Powers 4. Implied Powers 5. Inherent Powers
Limitation in LIBERTY OF ABODE
1. Liberty of abode 2. Right to travel
Constitutional Limitations of Special appropriation law:
1. Must specify the public purpose for which the sum is intended. 2. Must be supported by funds actually available as certified to by the National Treasurer, or to be raised by a corresponding revenue proposal included therein.
The qualifications of members of collegiate courts lower than the SC are:
1. Natural-born citizen of the Philippines. 2. A member of the Philippine Bar. 3. Must be a person of proven competence, integrity, probity, and independence. 4. Possessing such qualifications as may be prescribed by Congress.
The qualifications of the Members of Supreme Court are:
1. Natural-born citizen of the Philippines. 2. Must be at least forty (40) years of age, 3. Must have been for fifteen (15) years or more, a judge of a lower court or engaged in the practice of law in the Philippines. 4. Must be a person of proven competence, integrity, probity, and independence.
LOSS OF PHILIPPINE CITIZENSHIP:
1. Naturalization in a foreign country; 2. Express renunciation of citizenship (expatriation); The mere application or possession of an alien certificate of registration does not amount to renunciation 3. Subscribing to an oath of allegiance to constitution or laws of foreign upon attaining of 21 years of age; Citizens may not divest citizenship when Philippines is at war. 4. Rendering service to or accepting commission in the armed forces of a foreign country; 5. Cancellation of certificate of naturalization; 6. Having been declared by final judgment a deserter of Philippines Armed Forces in times of war.
Two General Steps of treaty
1. Negotiation- Here the President alone has authority 2. Treaty Approval
Two types:
1. No person shall be twice put in jeopardy of punishment for the same offense; 2. If an act is punishable by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act.
Essential requisites for LGUs exercise of power of ED
1. Ordinance authorizing the local chief executive, in behalf of the LGU, to exercise the power of ED or pursue expropriation proceedings over a particular property 2. Power is exercised for public use 3. Payment of JC
why IS IT the most pervasive, the least limitable, and the most demanding of the 3 powers?
1. PP cannot be bargained away through the medium of a treaty or a contract. 2. Taxing power may be used as an implement of PP. 3. ED may be used as an implement of PP. 4. Non-impairment of contracts or vested rights clauses will have to yield to the superior and legitimate exercise by the State of PP. 5. PP is superior to property rights. 6. PP legislation is applicable not only to future contracts, but equally to those already in existence. 7. A privilege granted by the State may be suspended or revoked by the State in the exercise of its PP, in the interest of public safety and welfare, subject to the procedural DP requirements.
The three inherent powers of the State differ from each other in the following ways:
1. PP regulates both liberty and property. The power of eminent domain and taxation affect only property rights. 2. PP and taxation are exercised only by government; eminent domain may be exercised by private entities. 3. Property taken in PP is usually noxious or intended for a noxious purpose and may thus be destroyed without JC; while in ED and taxation, the property is wholesome and devoted to public use or purpose. In the former, there is a need for payment of JC where there is compensable taking. 4. Compensation in PP is the intangible, altruistic feeling that the individual has contributed to the public good; in ED, it is the full and fair equivalent of the property taken; while in taxation, it is the protection given and/or public improvements instituted by government for the taxes paid.
Forms of Executive Clemency
1. Pardon 2. Reprieves 3. Commutations 4. Amnesty 5. Remission of fines and forfeiture
Kinds of Appointments:
1. Permanent appointments 2. Temporary appointments 3. Regular appointment 4. Ad interim appointment
Classification of Rights:
1. Political rights 2. Civil rights 3. Social and economic rights; and 4. Human rights.
Kinds of Taking
1. Possessory taking 2. Regulatory taking
Requisites of Valid Warrant:
1. Probable Cause 2. Determination of probable cause personally by the judge; 3. After personally examining under oath or affirmation of the complainant and the witness he may produce; 4. On the basis of their personal knowledge of the facts they are testifying to; 5. The warrant must describe particularly the place to be searched and the things or person to be seized.
Instances when the Comelec can refuse registration:
1. Religious denominations and sects shall not be registered; 2. Those which seek to achieve their goal through violence and unlawful means shall not be registered; 3. Those which refuse to uphold and adhere to the Constitution shall also be refused registration; and 4. Those which are supported by any foreign government.
Rights guaranteed in RIGHT TO INFORMATION
1. Right to information to matters of public concern; and 2. Corollary right of access to official records and documents. • These are political rights that are available to citizens only.
Varieties of Executive Privileges:
1. State Secrets Privilege 2. Informer's Privilege 3. Generic Privilege
Aspects of Due Process:
1. Substantive due process Publication of laws
Requisites of Valid Classification:
1. Such classification rests upon substantial distinctions; 2. It is germane to purpose of the law; 3. It is not confined to existing conditions; 4. It applies equally to all members of the same class.
Judicial power is vested in:
1. Supreme Court 2. Such lower courts as may be established by law.
Exceptions form the Prohibition:
1. Temporary appointments to executive positions when continued vacancies will prejudice public service or endanger public safety; 2. Members of the Supreme Court.
Rules on Immunity during tenure
1. The President is immune from suit during his tenure. 2. He may be filed impeachment complaint during his tenure. 3. The President may not be prevented from instituting suit 4. There is nothing in our laws that would prevent the President from waiving the privilege. The President may shed the protection afforded by the privilege. 5. Heads of departments cannot invoke the presidents' immunity Once out of office, even before the end of the six-year term, immunity for non-official acts is lost. It could not be used to shield a non-sitting President from prosecution for alleged criminal acts done while sitting in office.
The power to enforce and administer election laws and to insure free, orderly and honest elections includes:
1. The power to determine the validity or nullity of the votes questioned by either of the contestants; 2. The power to exclude election returns on the ground of statistical improbability; 3. The power to exclude election returns which were the products of coercion; 4. The power to obtain the testimony of handwriting experts to be able to determine if the election returns are falsified or not.
Other Limitations:
1. The presidential power of appointment may also be limited by Congress through its power to prescribe qualifications for public office. 2. The judiciary may annul an appointment made by the President if the appointee is not qualified or has not been validly confirmed.
Reasons why they are called Independent Commissions:
1. The said commissions are independent constitutional bodies. 2. The Members of Constitutional Commissions cannot be removed from office except by impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust. 3. The powers conferred to each of the said commissions cannot be withdrawn or reduced by statute. 4. The term of office of the Chairman and the Commissioners is seven (7) years without re-appointment. 5. Their term of office is staggered in order that the majority of them may not be appointed by the same President. 6. The Chairmen and members may not be re-appointed or appointed in an acting capacity. 7. Their salaries are fixed by law and shall not be decreased during their tenure. 8. All the said commissions enjoy fiscal autonomy. 9. All the said commissions may promulgate its own procedural rules. 10. All the said commissions can appoint their own officials and employees in accordance with law. 11. The chairman and members of all the said commissions are subject to certain disqualifications so they will not be distracted from performing their duties and functions. 12. All the said commissions are created by the Constitution and they may not be abolished by the statute.
The 3 inherent powers of the State are similar in the following respects:
1. They are inherent in the State and may be exercised without need of express constitutional grant 2. They are not only necessary but indispensable. The State cannot continue or be effective unless it is able to exercise them. 3. They are methods by which the State interferes with private rights. 4. They all presuppose an equivalent compensation for the private rights interfered with. 5. They are exercised primarily by the legislature.
Who are the citizens of the Philippines
1. Those who are Filipino citizens at time of adoption of the 1987 Constitution; 2. Those whose fathers or mothers are citizens of the Philippines; 3. Those born before January 17, 1973, of Filipino mothers, who elect Philippines citizenship upon reaching the age of majority; 4. Those naturalized in accordance with law
ARTICLE IX (D), Section 2 gives a broad outline of the powers and functions of the Commission on Audit:
1. To examine and audit all forms of government revenues; 2. To examine and audit all forms of government expenditures; 3. To settle government accounts; 4. To define the scope and techniques for its own auditing procedures; 5. To promulgate accounting and auditing rules "including those for the prevention and disallowance of irregular, unnecessary, excessive, extravagant, or unconscionable expenditures; and 6. To decide administrative cases involving expenditure of public funds.
Powers and Functions of THE CIVIL SERVICE COMMISSION
1. To promote morale, efficiency, integrity, responsiveness, progressiveness, and courtesy in the civil service; 2. It shall strengthen the merit and rewards system, integrate all human resources development programs for all levels and ranks; 3. To institutionalize a management climate conducive to public accountability; 4. It shall submit to the President and the Congress an annual report on its personnel programs.
Purpose of taxation:
1. To raise revenue 2. Tool for regulation 3. To be exercised under the power of the State to stay alive
Specific Executive Powers?
1. To require compliance with the rules for the filing of certificate of candidacy. 2. To take preventive measures to avoid fraud and other election offenses. 3. To supervise registration of voters. 4. To supervise holding of polls. 5. To see to it that votes are canvassed properly. 6. To proclaim the winners.
The concept and definition of judicial power under has two parts:
1. Traditional concept 2. Expanded power of judicial review
When is Concurrence of at least 2/3 of all the members of Senate is needed for validity and effectivity ?
1. Treaties of whatever kind, whether bilateral or multilateral 2. International Agreements (that which are permanent and original)
When is it subject to Judicial Review?
1. When exercised by Legislature 2. When exercised by a delegate
Who may exercise
1. all citizens of the Philippines, not otherwise disqualified by law; 2. at least 18 years of age 3. resided in the Philippines for at least one year; and 4. resided in the place they propose to vote for at least 6 months immediately preceding the election.
What are the exception?
1. as punishment for a crime whereof one has been duly convicted 2. service in defense of the state 3. naval enlistment 4. posse comitatus 5. return to work order in industries affected with public interest 6. patria potestas
Limitations of PRIVACY OF COMMUNICATION AND CORRESPONDENCE?
1. by lawful order of the court; 2. public safety or public order requires otherwise, as may be provided by law
General: Writ of Possession shall issue when the following requisites are met (ministerial for the courts):
1. filing of the complaint for expropriation sufficient in form and substance 2. deposit made by the government of the amount equivalent to 15% of the FM V of the property sought to be expropriated per current tax declaration.
Standards for fixing amount of bail:
1. financial ability of accused; 2. nature and circumstances of offense; 3. penalty for offense; 4. character and reputation of accused; 5. age and health of accused; 6. weight of evidence against him; 7. probability of his appearance at trial; 8. forfeiture of other bail; 9. whether he was a fugitive from justice when arrested ; and 10. pendency of other cases where he is on bail.
Aspects of FREEDOM OF EXPRESSION
1. freedom from censorship or prior restraint; 2. freedom from subsequent punishment.
Conviction of accused shall NOT bar another prosecution for an offense which necessarily includes the offense originally charged when:
1. graver offense developed due to supervening facts arising from the same act or omission; 2. facts constituting graver offense arose or discovered only after filing of former complaint or information; and 3. plea of guilty to lesser offense was made without the consent of prosecutor or offended party
There is limited number of officials whose appointments under the Constitution require the consent of the Commission on Appointments:
1. heads of the executive departments- not every officer of Cabinet rank needs confirmation. If the vice-president is appointed head of an executive department; it does not need confirmation. 2. ambassadors, other public ministers and consuls, 3. officers of the armed forces from the rank of colonel or naval captain- Appointment of police generals does not need confirmation because they are not military officers, the Constitution characterized police force as civilian. 4. other officers whose appointments are vested in him in this Constitution. Appointment of sectoral representatives needs confirmation because they come under the clause "other officers whose appointments are vested in him in this Constitution."
Kinds of EX POST FACTO LAW AND BILL OF ATTAINDER (SEC. 22 ART. III) EX POST FACTO LAW
1. law making an act criminal which was not before its passage; 2. law aggravating penalty for crime committed before passage; 3. law inflicting greater or more severe penalty; 4. law altering legal rules of evidence and receive less or different testimony than law required at time of commission, in order to convict accused; 5. law assuming to regulate civil rights and remedies only, in effect imposes a penalty 6. of deprivation of right for something which when done was lawful; 7. law depriving accused of some lawful protection to which he had been entitled, such a protection of a former conviction or acquittal, or a proclamation of amnesty.
Qualifications for Naturalization:
1. not less than 18 years of age on date of hearing of petition 2. resided in the Philippines for not less than 10 years; 3. character 4. Own real estate in the Philippines not less than P5,000 in value; or have some lucrative trade, profession or lawful occupation that can support himself and his family; 5. Speak and write English or Filipino and any principal Philippine dialects; 6. Enrolled minor children in any public or private school recognized by government where Philippine history, government and civics are taught as part of curriculum, during the entire period of residence prior to hearing of petition.
When the SC sits en banc, cases are decided by the concurrence "of a majority of the Members who actually took part in the deliberations on the issues in the case and voted thereon. This reflects a two-fold desire of the Commission:
1. not to allow the absence of some members of the SC or their nonparticipation in deliberations to delay decisions, and 2. to require that only those thoroughly familiar with the case participate in the decision.
additional taxes of the same character are laid:
1. on the same subject; 2. by the same taxing jurisdiction; 3. during the same taxing period; and 4. for the same purpose.
Exception?
1. person's citizenship is resolved by court or an administrative body as a material issue in the controversy, after a full-blown hearing; 2. with the active participation of the Solicitor General or his representative; and 3. finding of his citizenship is affirmed by the Supreme Court.
Limitations of NON-IMPAIRMENT OF CONTRACTS
1. police power - prevails over contracts. 2. eminent domain - may impair obligations of contracts. 3. taxation - cannot impair obligation of contracts.
Example of Non-Legislative
1. power to propose amendments to the Constitution. 2. Power to Impeach. 3. Power to canvass presidential elections. 4. Power to declare the existence of a state of war.
Characteristics of EX POST FACTO LAW AND BILL OF ATTAINDER (SEC. 22 ART. III) EX POST FACTO LAW
1. refers to criminal matters; 2. retroactive; and 3. prejudice the accused.
Requisites of Acquisition of Domicile by Choice:
1. residence or bodily presence in the new locality; 2. an intention to remain there; and 3. an intention to abandon the old residence.
Crimes covered:
1. same offense; or attempt to commit or frustration thereof or for any offense which necessarily includes or is necessarily included in the offense charged in original complaint or information; and 2. when an act is punished by a law and an ordinance, conviction or acquittal under either shall bar another prosecution for the same act.
An ad interim appointment can be terminated for two causes specified in the Constitution. What are those?
1. the disapproval of his ad interim appointment by the Commission on Appointments. 2. the adjournment of Congress without the Commission on Appointments acting on his appointment.
What rights cannot be waived?
1. the right to be informed of his right to remain silent and to counsel; 2. the right to counsel when making the waiver of the right to remain silent or to counsel.
In RIGHTS OF AN ACCUSED UNDER CUSTODIAL INVESTIGATION, what rights may be waived?
1. the right to remain silent; 2. the right to counsel. − Waiver must be in writing and in the presence of counsel.
Requisites of DOUBLE JEOPARDY
1. valid complaint or information; 2. filed before competent court; 3. to which defendant has pleaded; and 4. defendant was previously acquitted or convicted or the case dismissed or otherwise terminated without his express consent
Limitations on the power of ED when exercised by LGUS
1.Due Process Clause 2.Equal Protection Clause 3. Just Compensation Clause
The Commission shall act on all appointments submitted to it within?
30 session days of Congress from their submission.
What will happen if you are granted tax exemption?
>if granted gratuitously by legislature, it may be validly revoked at will, with or without cause >if granted for consideration, it is deemed to partake of the nature of a contract and the obligation thereof is protected against impairment.
the process by which qualified citizens of the Philippines abroad exercise their right to vote;
Absentee Voting
It is extended without any string attached. The pardonee has no option at all and must accept it whether he likes it or not.
Absolute pardon
It is one made by the President while Congress is not in session, takes effect immediately, but ceases to be valid if disapproved by the Commission on Appointments or upon the next adjournment of Congress. It is deemed "by-passed" through inaction.
Ad interim appointment
It can be granted by the President only with the concurrence of Congress. This concurrence must be given by the majority of all members of Congress.
Amnesty
It grant of general pardon to a class political offenders either after conviction or even before the changes are filed.
Amnesty
It is the exclusive prerogative of the President, upon which no limitations may be imposed by Congress except those resulting from the need of securing the concurrence of the Commission on Appointments and from the exercise of the limited legislative power to prescribe the qualifications to a given appointive office.
Appointing power
It is the selection, by authority vested with the power, of an individual who is to exercise the functions of a given office. It is also different from the commission in that the latter is the written evidence of the appointment.
Appointment
when particular conduct is regulated in interest of public order, and the regulation results in an indirect, conditional, partial abridgment of speech, the duty of the courts is to determine which of the 2 conflicting interests demands the greater protection under the particular circumstances presented.
Balancing of interest rule
It is a set of prescriptions setting forth the fundamental civil and political rights of the individual, and imposing limitations on the powers of the government as a means of securing the enjoyment of those rights.
Bill of Rights
membership in a political community which is personal and more or less permanent in character.
CITIZENSHIP
It is charged with the administration of the all important electoral process.
COMELEC
under the 1935 Constitution, those born in the Philippines of foreign parent, who before the adoption of the Constitution had been elected to public office in the Philippines, are considered Filipino citizens.
Caram Rule
It is the personnel office of the government.
Civil Service Commission
rights which municipal law will enforce at the instance of private individuals for the purpose of securing them the enjoyment of their means of happiness.
Civil rights
The Commission shall have the power to consent to or confirm nominations or appointments submitted to it by the President pursuant to Article VII, Sec. 16 which enumerates the appointments which needs action by the Commission. It serves as an administrative check on the appointing authority of the president.
Commission on Appointments
It is the auditing office of the government.
Commission on Audit
It is a reduction or mitigation of the penalty, i.e. when death sentence is reduced to life imprisonment.
Commutations
It is under which the convict is required to comply with certain requirements. The offender has the right to reject it since he may feel that condition imposed is more onerous than penalty sought to be remitted.
Conditional pardon
Who may exercise Eminent Domain?
Congress and, by delegation, 1. President 2. Administrative bodies 3. LGUs (Sec 19, LGC - READ the codal provision for this) 4. Private enterprises performing public service (Quasi-Public Corporations)
It involves more intense digging of facts.
Congressional Investigation
It implies a lesser intensity and continuity of attention to administrative operations. Its primary purpose is to determine economy and efficiency of the operation of government activities. In the exercise of this, Congress may request information and report from the other branches of government. It can give recommendations or pass resolution of the agency involved.
Congressional Scrutiny
on Due process ,What has to be complied?
Court or tribunal clothed with judicial power to hear and determine the matter before it Jurisdiction must be lawfully acquired over the person of the defendant or property which is the subject of the proceedings. Defendant must be given the opportunity to be heard. Judgment must be rendered upon lawful hearing.
Refers to the situation where a person simultaneously owes, by some positive act, loyalty to two or more states. Result of an individual's volition and is prohibited by the Constitution
DUAL ALLEGIANCE
Arises when, as a result of concurrent application of the different laws of two or more states, a person is simultaneously considered a national by said states. Involuntary.
DUAL CITIZENSHIP
That which hears before it condemns, which proceeds upon inquiry and renders judgment only after trial.
DUE PROCESS OF LAW
words uttered create a dangerous tendency of an evil which the State has a right to prevent
Dangerous tendency rule
any civil obligation arising from a contract.
Debt
must be filed with the Office of the Solicitor General one year before filing of application for naturalization.
Declaration of Intention
The unmarried child, whether legitimate, illegitimate or adopted, below eighteen (18) years of age, of those who reacquire Philippine citizenship upon effectivity of the said RA shall be deemed citizens of the Philippines.
Derivative Citizenship
an individual may be compelled to retain his original nationality notwithstanding that he has already renounced or forfeited it under the laws of the second state whose nationality he has acquired.
Doctrine of Indelible Allegiance
It is said to be at the very "heart of the meaning of Chief Executive."
Doctrine of Qualified Political Agency
This presidential power of control over the executive branch of government extends over all executive officers from Cabinet Secretary to the lowliest clerk and has been held by us, in the landmark case of Mondano vs. Silvosa, to mean "the power of the President to alter or modify or nullify or set aside what a subordinate officer had done in the performance of his duties and to substitute the judgment of the former with that of the latter."
Doctrine of Qualified Political Agency
prosecution for another offense if subsequent development changes character of the first indictment under which he may have already been charged or convicted.
Doctrine of Supervening Event
additional taxes of the same character
Double Taxation
all persons or things similarly situated must be similarly treated both as to rights conferred and responsibilities imposed.
EQUAL PROTECTION OF LAW
It is inherent in sovereignty and exists in a sovereign state even without recognition in the Constitution.
Eminent Domain
The ultimate right of sovereign power to appropriate, not only the public, but even private property of all citizens within the territorial sovereignty, to public purposes. It is an in rem proceeding.
Eminent Domain
These cases are to be strictly construed against the expropriator.
Eminent Domain
It requires the tax imposed to be determined on the basis of the value of the property.
Equality in taxation
The tax shall be strictly proportional to the relative value of the property.
Equality in taxation
evidence of both sides are equally balanced.
Equipoise or Equiponderance of Evidence
It connotes that taxes should be apportioned among the people according to their capacity to pay.
Equitable taxation
It means that the tax burden must be imposed according to the taxpayer's capacity to pay.
Equitable taxation
Exclusionary Rule?
Evidence obtained in violation of Sec. 2, Art. III, shall be inadmissible for any purpose in any proceedings.
It is the power to enforce and administer the laws. As the administrative head of the government, the President is vested with the power to execute, administer and carry out laws into practical operation. Although the Constitution imposes limitations on it, it maintains intact what is traditionally considered as within the scope of it. They are not limited to what are expressly enumerated in the article on the Executive Department and in scattered provisions of the Constitution. In other words, it is more than the sum of specific powers so enumerated. It has been advanced that whatever power inherent in the government that is neither legislative nor judicial has to be executive.
Executive Power
It shall enforce and administer all laws relative to the conduct of an election, plebiscite, initiative, referendum and crecall.
Executive Power
It is the right of the President and high-level executive branch officers to withhold information from Congress, the courts, and ultimately the public.
Executive Privilege
To determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government.
Expanded power of judicial review
The 1935 Constitution, during which regime respondent FPJ has seen first light, confers citizenship to all persons whose fathers are Filipino citizens regardless of whether such children are legitimate or illegitimate
FPJ Disqualification Case
RESIDENCE has dual meaning
First - as a requirement of residence in the Philippines: synonymous with "domicile" − imports both intention to reside and personal presence coupled with conduct indicative of such intention. Second - requirement of residence in the place where one intends to vote: − can mean domicile or temporary residence
It is subject to regulation
Freedom to act on one's belief
It is absolute
Freedom to believe
Limitations for the 3 powers:
Generally, the Bill of Rights, although in some cases the exercise of the power prevails over specific constitutional guarantees.
Who may exercise?
Generally, the legislature, but also, upon valid delegation, any of the following: 1. President; 2. Administrative bodies; and 3. Law-making bodies of LGUs. Once delegated, the agents can exercise only such legislative powers as are conferred on them by the national lawmaking body.
for internal deliberations has been said to attach to intragovernmental documents reflecting advisory opinions, deliberations and recommendations comprising part of a process by which governmental decisions and policies are formulated.
Generic Privilege
what is the Procedure?
Governed by Rule 67 Rules of Court.
It is meant such capricious and whimsical exercise of judgment as is equivalent to lack of jurisdiction. It must be patent and gross as to amount to an evasion of positive duty or a virtual refusal to perform a duty enjoined by law, or not to act at all in contemplation of law, as where the power is exercised in an arbitrary and despotic manner by reason of passion or hostility. It may arise when a lower court or tribunal violates or contravenes the Constitution, the law or existing jurisprudence.
Grave abuse of discretion
Writ issued by court directed to person detaining another, commanding him to produce the body of the prisoner at designated time and place, with the day and cause of his capture and detention, to do, to submit to, and to receive whatever court or judge awarding writ shall consider in his behalf.
HABEAS CORPUS (SEC. 15, ART. III) WRIT OF HABEAS CORPUS
It lies only where the restraint of a person's liberty has been judicially adjudged to be illegal or unlawful
Habeas corpus
These are statutory creations referred to as other courts below the SC, they includes Court of Appeals, RTC, MTC, MeTC and MCTC.
Lower Courts
Condition where one is compelled by force, coercion, or imprisonment, and against his will, to labor for another, whether he is paid or not.
INVOLUNTARY SERVITUDE [SEC. 18 (2), ART. III]
anything that diminishes the efficacy of contract
Impairment
it is the right of the accused to be entitled to cold neutrality of an impartial judge.
Impartial trial
It refers to powers which are not expressly conferred by the Constitution but which are implied from those expressly granted.
Implied Powers
It is the refusal of the President for whatever reason to spend funds made available by Congress. It is failure to spend or obligate budget authority of any type. This power of the President is derived from Sec. 38 of the Administrative Code of 1987.
Impoundement
the privilege of the Government not to disclose the identity of persons who furnish information of violations of law to officers charged with the enforcement of that law.
Informer's Privilege
It refers to powers which are inherent to the exercise of its legislative powers.
Inherent Powers
It was not intended to include the executive agreement which apparently can still be concluded by the President alone without the necessity of Senate concurrence.
International agreement
When municipal property is taken by the State, is there compensable taking?
It depends on the nature of the property. If it is patrimonial property of the municipality, that is, property acquired by the municipality with its private funds in its corporate or private capacity, compensation is required. However, if itis any other property such as public buildings held by the municipality for the State in trust for the inhabitants, the State is free to dispose of it at will.
what does to settle government accounts mean?
It means the power to settle liquidated accounts, that is, those accounts which may be adjusted simply by an arithmetical process. It does not include the power to fix the amount of an unfixed or undetermined debt.
The principal function of it under Sec. 8 is to form a list of nominees to the judiciary out of which the President chooses appointees as Justices and Judges. The council functions under the supervision of the SC with the Clerk of the SC as ex-officio Secretary.
JBC (Judicial Bar Council)
It has the power to resolve all cases or controversies that may arise in the enforcement of election laws. It is the sole judge of all preproclamation disputes and all contests relating to election, returns and qualifications of all regional, provincial and city officials.
Judicial Power
It is not simply the power but remains the duty of the court.
Judicial power
What is the principle of Constitutional Supremacy?
Judicial review is not an assertion of superiority by the courts over the other departments, but merely an expression of the supremacy of the Constitution. Constitutional supremacy produced judicial review, which in turn led to the accepted role of the Court as "the ultimate interpreter of the Constitution."
The full and fair equivalent of the property taken; it is the fair market value of the property.
Just Compensation
It Where the vortex of the controversy refers to the legality or validity of the contested act, that matter is definitely justiciable or non-political, i.e. the determination of whether or not constitutional provision has been followed or not.
Justiciable Question
Power of promoting public welfare by restraining and regulating the use of liberty and property.
Law of overruling necessity
The means employed are reasonably necessary for the accomplishment of the purpose, and not unduly oppressive on individuals. Illustration: An ordinance aimed at relieving traffic congestion meets the first standard but declaring bus terminals as nuisances per se and ordering their closure or relocation contravenes the 2nd standard.
Lawful Means
The interests of the public in general, as distinguished from those of a particular class, require the exercise of the power. This means that the activity or property sought to be regulated affects the general welfare. Illustration: Price of staple goods may be subject of PP. But price of my painting cannot be similarly limited as this is not a basic necessity affecting people as a whole.
Lawful Subject
It shall issue rules and regulations to implement the election laws. It has the power to exercise such functions as may be expressly delegated to it by Congress.
Legislative Power
It refers to power to enact laws which includes the power to alter or repeal them.
Legislative Power in General
It allows the Congress to scrutinize the exercise of delegated lawmaking authority and permits Congress to retain part of that delegated authority.
Legislative Supervision
It is based primarily on the power of appropriation of Congress.
Legislative scrutiny
It is upholding the validity of the law. Rule on the Double Negative- Uses the term "not unconstitutional"; the court cannot declare a law constitutional because it already enjoys a presumption of constitutionality.
Legitimating
When is Concurrence of Senate Not Needed?
Less formal types of international agreements; Agreements which are temporary or are mere implementations of treaties or statutes do not need concurrence.
The Supreme Court recently upheld this, which bars an appeal or a petition for review to the Office of the President of decisions/orders/resolutions of the Secretary of Justice except those involving offenses punishable by reclusion perpetua or death.
Memorandum Circular No. 58, promulgated by the Office of the President on June 30, 1993,
No person shall be detained by reason of his political beliefs or aspirations.
NON-DETENTION BY REASON OF POLITICAL BELIEFS OR ASPIRATION
No person shall be imprisoned for debt or non-payment of poll tax.
NON-IMPRISONMENT FOR DEBTS
What is the Basis?
Necessity of the property for public use.
Is there a mandamus available to coerce the exercise of PP?
No
What is the General Rule?
No involuntary Servitude shall exist.
In the case David vs. Arroyo, when President Arroyo issued PP 1017, what power did she actually exercised? Was it Emergency Power?
No. Par. 2, Sec. 23, Art. VI laid down the conditions in the exercise of Emergency power, to wit: (2) In times of war or other national emergency, the Congress may, by law, authorize the President, for a limited period and subject to such restrictions as it may prescribe, to exercise powers necessary and proper to carry out a declared national policy. Unless sooner withdrawn by resolution of the Congress, such powers shall cease upon the next adjournment thereof. Clearly therefore, emergency power is merely a delegated power to the President. The President may not validly exercise it mutu propio. At the time of the issuance of PP 1017, no law was enacted by Congress authorizing the President to exercise emergency power.
Was it Martial Law power?
No. two conditions in the exercise of this power are found in Sec. 8, Art. VII: 1. In case of invasion or rebellion; 2. when the public safety requires it.
These are the powers which are not basically legislative in nature, but which are performed by Congress.
Non-Legislative
It refers to powers which are not basically legislative in nature but which are performed by Congress.
Non-legislative Powers
Consequences of non-payment of JC
Non-payment of JC in an expropriation proceeding does not entitle the private landowners to recover possession of the expropriated lots, but only to the payment of the fair market value of the property. However in RP vs Lim GR 161656, SC held that where the government fails to pay the JC within 5 years from the finality of the judgment in the expropriation proceedings, the owners concerned shall have the right to recover possession of their property.
Form of compensation
Not necessarily in money. However, it must be in some form that embodies certainty of value and of payment, such as government bonds.
a citizen of the Philippines who is qualified to register and vote under this Act, not otherwise disqualified by law, who is abroad on the day of elections.
Overseas Absentee Voter
Basis and Scope of PP?
PP rests upon public necessity and upon the right of the State and the public to self - protection. For this reason, its scope expands and contracts with changing needs.
It is intended to prevent interruptions in vital government services that would otherwise result from prolonged vacancies in government offices. It is a permanent appointment because it takes effect immediately and can no longer be withdrawn by the President once the appointee has qualified into office. The fact that it is subject to confirmation by the Commission on Appointments does not alter its permanent character. The Constitution itself makes it permanent in character by making it effective until disapproved by the Commission on Appointments or until the next adjournment of Congress.
Par. 2 of Sec. 16 WHICH refers to "ad-interim" appointments.
It is an act of grace which exempts the individual on whom it I bestowed from the punishment which the law inflicts for the crime he has committed.
Pardon
It does not extinguished accessory liabilities.
Partial pardon
a specific sum levied upon any person belonging to a certain class without regard to property or occupation (e.g. Community Tax )
Poll Tax
These are those extended to persons possessing the qualifications and the requisite eligibility and are thus protected by the constitutional guarantee of security of tenure.
Permanent appointments
objects within the sight of an officer who has the right to be in a position to have that view are subject to seizure and may be presented as evidence (open to the eye and hand).
Plain View Doctrine
It extinguishes all the penalties imposed upon offender, including accessory liabilities.
Plenary pardon
It is defined by Nachura as the power of promoting public welfare by restraining and regulating the use of liberty and property.
Police Power
It is the most pervasive, the least limitable, and the most demanding of the 3 powers.
Police Power
The inherent and plenary power in the State which enables it to prohibit all that is hurtful to the comfort, safety and welfare of society.
Police Power
FUNDAMENTAL POWERS OF THE STATE
Police Power Power of Eminent Domain Power of Taxation
It is a question of policy, which is to be decided by the people in their sovereign capacity or by the legislative or the executive branch of the government to which full discretionary authority has been delegated. It is concerned with issues dependent upon the wisdom, not legality of a particular measure.
Political Question
granted by law to members of community in relation to their direct or indirect participation in the establishment or administration of the government;
Political rights
occurs when the government confiscates or physically occupies the property.
Possessory taking
He is the ex officio chairman.
President of the Senate
Commission on Appointments is composed of?
President of the Senate Twelve (12) Senators Twelve (12) Members of HR
Every circumstance favoring the innocence of the accused must be taken into account; The proof against him must survive the test of reason; the strongest suspicion must not be permitted to sway judgment.
Presumption of Innocence
Rate increases as the tax base increases. Taxation is made an instrument for a more equitable distribution of wealth.
Progressive system of taxation
mere severity does not constitute cruel or unusual punishment. To violate constitutional guarantee, penalty must be flagrant and plainly oppressive, disproportionate to nature of offense as to shock senses of community.
Prohibited punishment
Sec. 22 refers to the power to conduct what?
Question Hour.
All persons shall have this right before judicial, quasi-judicial and administrative bodies.
RIGHT TO SPEEDY DETERMINATION OF CASES (SEC. 16, ART. III)
This is in Jurisdiction of?
RTC (Regional Trial Court)
It is one made by the President while Congress is in session, takes effect only after confirmation by the Commission on Appointments, and once approved, continues until the end of the term of the appointee. The President does not really appoint, he merely nominates, it is the Commission on Appointments who has the power to approve or confirm the appointment.
Regular appointment
occurs when the government's regulation leaves no reasonable economically viable use of the property. A regulation that permanently denies all economically beneficial or productive use of land is, from the owner's point of view, equivalent to a "taking" unless principles of nuisance or property law that existed when the owner acquired the land make use prohibitable. When the owner of real property has been called upon to sacrifice all economically beneficial uses in the name of the common good, that is, to leave his property economically idle, he has suffered a taking.
Regulatory taking
It is a self-explanatory term. However, it should be noted that it merely prevents the collection of fines of the confiscation of forfeited property; it cannot have the effect of returning the property which has been vested in third parties or money already in the public treasury.
Remission of fines and forfeiture
Allows the person to recover or return to his original status before he lost his Philippine citizenship
Repatriation
It shall be effected by taking the necessary oath of allegiance to the Republic of the Philippines and registration in the proper civil registry and in the Bureau of Immigration. The Bureau of Immigration shall thereupon cancel the pertinent alien certificate of registration and issue the certificate of identification as Filipino citizen to the ___ citizen.
Repatriation
It is merely a postponement of a sentence to a date certain, or a stay of execution. The purpose is to enable the government to secure additional evidence to ascertain the guilt of convict.
Reprieves
Exception:
Republic vs Gingoyon- When govt can enter into pvt prop
What is the General Rule?
Res judicata does not set in citizenship cases.
It is not natural right nor part of due process, instead, it is a mere statutory right, but once given, denial constitutes violation of due process.
Right to appeal
The accused is amply accorded legal assistance extended by a counsel who commits himself to the cause of the defense and acts; accordingly, an efficient and truly decisive legal assistance, and not simply a perfunctory representation. Right to counsel during the trial is not subject to waiver.
Right to be heard by himself and counsel
It shall not be impaired without due process of law; and also guarantees the right not to join an association.
Right to form association
right to vote in elections
SUFFRAGE
They are chosen on the basis of proportional representation from the political parties registered under the party-list system represented therein.
Six (6) members of the HR
They are chosen on the basis of proportional representation from the political parties registered under the party-list system represented therein.
Six (6) members of the Senate
It is designed for a specific purpose such as the creation of a fund for the relief of typhoon victims.
Special appropriation law
It refers to powers expressly conferred by the Constitution. Example: Power of Appropriation, Power of Taxation and Power of Expropriation.
Specific Legislative Powers
it is the right of the accused to be free from vexatious, capricious and oppressive delays;
Speedy trial
the information being withheld is of such a nature that its disclosure would subvert crucial military or diplomatic objective.
State Secrets Privilege
the only Constitutional Court?
Supreme Court
It is to educate the bench and the bar as the controlling principles and concepts on matters of great public importance.
Symbolic
These are given to persons without such eligibility, revocable at will and without the necessity of just cause or a valid investigation; made on the understanding that the appointing power has not yet decided on a permanent appointee and that the temporary appointee may be replaced at any time a permanent choice is made. Where a person is merely designated and not appointed, the implication is that he shall hold the office only in a temporary capacity and may be replaced at will by the appointing authority. In this sense, a designation is considered only an acting or temporary appointment which does not confer security of tenure on the person named.
Temporary appointments
It expressly grants the President continuing authority to organize the Office of the President. The law grants the President this power in recognition of the recurring need of every President to reorganize his office "to achieve simplicity, economy and efficiency". After all, the Office of the President is the command post of the President. This is the rationale behind the President's continuing authority to reorganize the administrative structure of the Office of the President.
The Administrative Code of 1987 (E.O. 292)
It governs the relationship between the individual and the State. Its concern is not the relation of individuals, between a private individual and other individual. It declares some forbidden zones in the private sphere inaccessible to any power holder. It is generally self- executing.
The Bill of Rights
Set of prescriptions setting forth the funda-mental civil and political rights of the individual, and imposing limitations on the powers of government as a means of securing the enjoyment of those rights.
The Bill of Rights
It is independent of the two Houses of Congress; its employees are not, technically, employees of Congress. It has the power to promulgate its own rules of proceedings. It I a creature of the Constitution, its powers do not come from Congress but emanate directly from the Constitution.
The Commission on Appointment
It is an independent, impartial and non-partisan tribunal. Although six members of it are members of Congress, they themselves are not part of either House of Congress. They are independent constitutional creations which have power to create their own rules and are not under the supervision or control of Congress.
The Electoral Tribunal
They shall be the sole judge of all contests relating to the election, returns, and qualifications of their respective Members.
The Electoral Tribunal
Differences of Treatment of the three powers?
The Martial Law Power and the Power to Suspend the Privilege of the Writ of Habeas Corpus are greater power as it involves the curtailment of fundamental and civil rights/liberties of people, therefore subject to judicial review. While the Calling Out Power is the lesser and denied power as it does not involve curtailment of fundamental and civil liberties of the people, hence not subject to judicial review, unless there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of the President. And the fact can be clearly shown by the petitioner applying the doctrine of expanded power of judicial review.
Who is supposed to be the spokesman of the nation on external affairs?
The President
Who shall be its Chairman?
The Senior Justice
Anything that can come under the dominion of man is subject to expropriation.
The expropriated property must be private property
General rule in compensation for expropriation
The compensation to which the owner of condemned property is entitled to is the market value as defined above.
Just compensation can be agreed upon:
The determination of JC could very well be agreed upon by the parties without judicial intervention.
It refers to any compensation received for services rendered or form possession of an office. This means that the President cannot accept other employment elsewhere, whether in the government or in the private sector, and must confine himself to the duties of his office.
The emoluments which they may not receive during their tenure from the government or any other source (that is, private)
It is the power to enforce and administer the laws.
The executive power
It is discretionary in the President and may not be controlled by the legislature or reversed by the Courts, save only when it contravenes the limitations.
The exercise of Pardoning Power
Who is entitled to JC?
The owner of the fee is not necessarily the one entitled to JC. Every person having an estate or interest at law or in equity in the land taken is taken is entitled to share in the award.
It carries with it the power to specify the project or activity to be funded. Hence, the holding of budget hearing has been the usual means of reviewing the policy and auditing the use of previous appropriation to ascertain whether they have been disbursed for purposes authorized in an appropriation act.
The power of appropriation
It is "the power of the President to alter or modify or nullify or set aside what a subordinate officer had done in the performance of his duties and to substitute the judgment of the former with that of the latter."
The power of control
It is a non-delegable power and must be exercised by the President personally. This power is granted for the purpose of relieving the harshness of the law or correcting mistakes in the administration of justice.
The power of executive clemency
It embraces all activities undertaken by Congress to enhance its understanding of and influence over the implementation of legislation it has enacted.
The power of oversight
It may be implied from the power of appointment. However, the President cannot remove officials appointed by him where the Constitution prescribes certain methods for separation of such officers from public service, e.g., Chairmen and Commissioners of Constitutional Commissions who can be removed only by impeachment, or judges who are subject to the disciplinary authority of the Supreme Court. In the cases where the power of removal is lodged in the President, the same may be exercised only for cause as may be provided by law, and in accordance with the prescribed administrative procedure.
The power of removal
It is "the power of superior officer to ensure that the laws are faithfully executed" by inferiors.
The power of supervision
It can be used as an implement for the exercise of the power of eminent domain.
The power of taxation
It may be used as an implement of police power, particularly in discouraging businesses or undertaking sought to be restricted by the government.
The power of taxation
It is not subject to prior restraint and may not be conditioned upon the prior issuance of a permit or authorization from the government authorities. However, the right must be exercised in such a way as will not prejudice the public welfare
The right to assemble
Up to what point may the Comelec entertain protests before proclamation?
The scope of pre-proclamation controversy was limited to incomplete returns, or returns with material defects, or returns which appeared to be tampered with, falsified or prepared under duress, or containing discrepancies in the votes credited to any candidate the difference of which would affect the results. Anything else outside these should be brought before the Electoral Tribunal.
It is an instrument of control over legislation completed by the Congress.
The veto power of the President
What should the judiciary do?
These are also political questions and therefore off - limits to the judiciary.
Why is this distinction important?
This distinction is crucial as it affects the security of tenure of employees. The abolition of an office in good faith necessarily results in the employee's cessation in office, but in such event there is no dismissal or separation because the office itself ceases to exist.
It is designated by the Chief Justice?
Three (3) SC justices
They are designated by the Chief Justice
Three (3) SC justices
HR Electoral Tribunal is composed of what?
Three (3) SC justices and Six (6) members of the HR
Senate Electoral Tribunal is composed of what?
Three (3) SC justices and Six (6) members of the Senate.
Title to property
Title does not pass until after payment of JC. Thus, the owner of land subject to expropriation may still dispose of the same before payment of JC. Exception herein is in case of agrarian reform in the case of Land Bank vs CA 258 SCRA 404
The duty to settle actual controversies involving rights which are legally demandable and enforceable before the courts of justice or the redress of wrongs for violation of such rights.
Traditional concept
testimony of any person or whose possession of documents or other evidence necessary or convenient to determine the truth in any investigation conducted is immune from criminal prosecution for an offense to which such compelled testimony relates.
Transactional Immunity Statute
It is an international agreement concluded between States in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever designation.
Treaty
They are elected on the basis of proportional representation from the political parties and parties or organizations registered under the party-list system represented therein.
Twelve (12) Members of HR
They are elected on the basis of proportional representation from the political parties and parties or organizations registered under the party-list system represented therein.
Twelve (12) Senators
However, the President's power to reorganize the Office of the President under Section 31 (2) and (3) of EO 292 should be distinguished from his power to reorganize the Office of the President Proper. why?
Under Section 31 (1) of EO 292, the President can reorganize the Office of the President Proper by abolishing, consolidating or merging units, or by transferring functions from one unit to another. In contrast, under Section 31 (2) and (3) of EO 292, the President's power to reorganize offices outside the Office of the President Proper but still within the Office of the President is limited to merely transferring functions or agencies from the Office of the President to Departments or Agencies, and vice versa.
It means that persons or things belonging to the same class shall be taxed at the same rate.
Uniformity in taxation
Persons or things belonging to the same class shall be taxed at the same rate.
Uniformity in taxation
prohibits the use of a witness' compelled testimony and its fruits in any manner in connection with the criminal prosecution of the witness.
Use and Fruit Immunity Statute
Point of reference for valuating a property, what is the Gen Rule?
Value must be at the time of the filing of the complaint since the filing of the case generally coincides with the taking.
When the accused is denied the right to be informed of the charge against him, and to due process as well, where the statute itself is couched in such indefinite language that it is not possible for men of ordinary intelligence to determine therefrom what acts or omissions are punished and, hence shall be avoided.
Void-for-vagueness rule
The question of necessity is generally a political question.
When exercised by Legislature
The question of necessity is a justiciable question.
When exercised by a delegate
Since the Comelec administers all election laws, when does a controversy leave the Comelec's control?
When there has been a proclamation and a defeated candidate claims to be the winner, clearly the Electoral Tribunal has jurisdiction to the exclusion of the Comelec.
Exception to the general rule
Where only a part of the property is expropriated, the owner is not restricted to compensation for the portion actually taken. In addition to the market value, he is also entitled to recover for the consequential damage, if any, to the remaining part of the property. At the same time, from the total compensation must be deducted the value of the consequential benefits. But in no case will the consequential benefits exceed the consequential damages. Consequential benefits and consequential damages must be direct and particular and not merely shared with the rest of the properties in the area, as where there is a general appreciation of land values because of the public use to which the condemned properties are devoted.
When words are used in such circumstance and of such nature as to create this that will bring about substantive evil that State has right to prevent.
a clear and present danger rule
The Commission shall rule by?
a majority vote of its members.
A tax is progressive when the rate increases as the tax base increases. Reason for progressive system. The explicit mention of progressive taxation in the Constitution reflects the wish of the Commission that the legislature should use the power of taxation as an instrument for what?
a more equitable distribution of wealth.
Scope of SEARCHES AND SEIZURES
a popular right and hence, protects all persons, including aliens and, to a limited extent, artificial persons.
Elements of Plain View Doctrine
a prior valid intrusion based on the valid warrantless arrest in which the police are legally present in the pursuit of their official duties; b. the evidence was inadvertently discovered by the police who have the right to be where they are; c. the evidence must be immediately apparent; d. plain view justified mere seizure of evidence without further search.
Permit for public assembly is not necessary if meeting is to be held in:
a private place; b. the campus of a government owned or operated educational institution; or c. a freedom park.
The power of the Comelec to examine the validity of proclamations and to nullify or approve them according to its findings has been recognized. The broad discretion of the Comelec is subject to what?
a review power of the Supreme Court which has been narrowed within the limits of review by certiorari under Rule 65.
Who may exercise power of taxation?
a) Primarily, the legislature b) Local legislative bodies c) President under delegated powers
Grounds for Denaturalization:
a) naturalization certificate obtained fraudulently or illegally; b) if, within 5 years, he returns to his native country or to some foreign country and establishes residence therein; c) naturalization obtained through invalid declaration of intention; d) minor children failed to graduate through the fault of the parents either by neglecting support or by transferring them to another school; and e) allowing himself to be used as dummy.
Constitutional limitations on the Power of Taxation
a. Due process of law; b. Equal protection of law; c. Uniformity, equitability,and progressivity of taxation; d. Non-impairment of contracts; e. Non-imprisonment for non-payment of poll tax; f. Revenue and tariff bills must originate in the House of Representatives; g. Non-infringement of religious freedom; h. Delegation of legislative authority to the President to fix tariff rates, import and export quotas, tonnage and wharfage dues; i. Tax exemption of properties actually, directly and exclusively used for religious, charitable and educational purposes; j. Majority vote of all the members of Congress required in case of legislative grant of tax exemptions; k. Non-impairment of the Supreme Court's jurisdiction in tax cases; l. Tax exemption of revenues and assets of, including grants, endowments, donations, or contributions to, educational institutions.
It may include:
a. Exclusive jurisdiction over pre-proclamation cases b. Power to issue writs of certiorari, prohibition and mandamus. c. Exclusive appellate jurisdiction over decisions of MTC in electoral cases involving elective barangay officials. d. Authority to suspend the reglementary periods provided by its rules, or requirement of non-forum shopping, in the interest of justice and speedy resolution of cases. e. Power to cite for contempt, but this power may be exercised only while the Comelec is engaged in the performance of quasi-judicial functions.
The above-mentioned requisites also serve as limitations. Additional limitations (when exercised by a delegate) are as follows:
a. Express grant by law b. Within territorial limits (for LGUs, except when exercised to protect water supply) c. Must not be contrary to law.
RA 8171 is an act providing for the repatriation of:
a. Filipino women who have lost their Philippine citizenship by marriage to aliens and; b. natural-born Filipinos who have lost their Philippine citizenship on account or political or economic necessity.
Dual aspect of freedom of religious belief and worship:
a. Freedom to believe - absolute; and b. Freedom to act on one's belief - subject to regulation.
Classification of Appropriation Measures:
a. General Appropriation law b. Special appropriation law
When is Right to travel limited?
a. In the interest of national security, public safety, public health, as may be provided by law; b. any person on bail
RA 9225 also known as the "Citizenship Retention and Re-acquisition Act of 2003," approved on August 29, 2003 provides that, upon taking the oath of allegiance to the Republic:
a. Natural born citizens of the Philippines who have lost their Philippine citizenship by reason of their naturalization as citizens of a foreign country are deemed to have re-acquired Philippine citizenship; and b. Natural born citizens of the Philippines who, after the effectivity of the said RA become citizens of a foreign country shall retain their Philippine citizenship.
The applicant should not be a:
a. Person opposed to organized government or affiliated with any association or group of persons who uphold and teach doctrines opposing organized government; b. Person defending or teaching the necessity or propriety of violence, personal assault, or association for the predominance of their ideas; c. Person convicted of crimes involving moral turpitude: or d. Person suffering from mental alienation or incurable contagious diseases.
Who Must Be Natural Born Citizens?
a. President b. Vice President c. Members of Congress d. Justices of the Supreme Court and lower collegiate courts e. Ombudsman and his deputies f. Constitutional Commissions g. Members of the governing board of the Central Monetary Authority h. Chairman and members of the Commission of Human Rights
Inherent limitations on the Power of Taxation
a. Public purpose; b. Non-delegability of power; c.Territoriality or situs of taxation; d.Exemption of government from taxation; e.International comity
Non-establishment clause of Non-establishment clause
a. State cannot set-up church; b. Cannot pass laws which aid one religion, all religions or prefer one over another; c. Nor influence a person to go to or remain away from church against his will; nor d. Force him to profess a belief or disbelief in any religion
who are included as Filipino citizens at time of adoption of the 1987 Constitution?
a. Those who are citizens under the Treaty of Paris; b. Those declared citizens by judicial declaration applying the jus soli principle, before Tio Tiam v. Republic c. Those who are naturalized in accordance with law d. Those who are citizens under the 1935 Constitution; e. Those who are citizens under the 1973 Constitution.
Ancillary to and in support of the said powers, the Comelec can do the following:
a. To annul illegal registry of voters. b. To proclaim winning candidates. c. To annul canvass. d. To suspend canvass. e. To relieve election inspectors and canvassers. f. To supervise and control election inspectors and canvassers. g. To register political parties, or to decide whether a party is a political party. h. To supervise and regulate use of franchise.
Requisites of Criminal due process
a. accused has been heard in a court of competent jurisdiction; b. accused is proceeded against under the orderly processes of law; c. accused is given notice and opportunity to be heard; and d. judgment rendered within authority of constitutional law
Criminal Due Process:
a. accused to be heard in court of competent jurisdiction; b. accused proceeded against under orderly processes of law; c. accused given notice and opportunity to be heard; d. judgment rendered was within the authority of constitutional law.
Requisites of Civil Procedural due process:
a. an impartial court or tribunal clothed with judicial power to hear and determine matters before it; b. jurisdiction properly acquired over person of defending and over property which is subject matter of proceeding; c. opportunity to be heard; d. judgment rendered upon lawful hearing and based on evidence adduced
ARTICLE IX (C), Section 2- implicitly grants the Comelec the power to promulgate rules and regulations in the enforcement of laws relative to elections. It includes:
a. ascertainment of the identity of a political party and its legitimate officers. b. decide all questions affecting elections. c. register and regulate political parties. d. ensure orderly elections. e. authority to annul the results of a plebiscite. f. regulate the enjoyment and utilization of all franchises and permits for the operation of transportation and public utilities, media of communication or information. g. power to declare failure of election.
Requisites of Due Process for Students before Imposition of Disciplinary Sanctions:
a. must be informed in writing of the nature and cause of the accusation against him; b. right to answer charges against him, with the assistance of counsel, if desired; c. informed of the evidence against him; d. right to adduce evidence in his behalf; e. evidence must be duly considered by the investigating committee or official designated by the school to hear and decide the case.
Disqualification for Naturalization
a. opposed to organized government or affiliated with any association or group of persons who uphold and teach doctrines opposing all organized governments; b. defending or teaching necessity or propriety of violence, personal assault or assassination for the success or predominance of their ideas; c. polygamists or believers in polygamy; d. suffering from mental alienation or incurable contagious disease; e. convicted of crime involving moral turpitude; f. who during residence in the Philippines have not mingled socially with Filipinos, or not evinced sincere desire to learn and embrace customs, traditions and ideals of Filipinos; g. citizens or subjects of nations with whom the Philippines is at war, during the period of such war; h. citizens or subjects of foreign country whose laws do not grant Filipinos right to become naturalized citizens or subjects thereof (no reciprocity).
Requisites of Administrative Due Process:
a. right to a hearing, which includes the right to present one's case and support evidence in support thereof; b. tribunal must consider evidence adduced; c. decision must have something to support itself; d. evidence must be substantial; e. decision must be based on evidence adduced, or at least contained in the records and disclosed to the parties; f. independent consideration of evidence, and not rely on the recommendation of a subordinate; and g. the decision must state the facts and the law in such a way that the parties can know the issues involved and the reasons for the decision
Substantive due process Requisites:
a. the Interest of the public in general, as distinguished from that of a particular class require the intervention of the state; b. means employed are reasonably necessary for accomplishment of purpose and not unduly oppressive.
In the general rule: In moot and academic cases, the Court has nothing to do but to dismiss the case, what are the exceptions?
a. there is gross violation of the Constitution; b. in exceptional circumstances and paramount public interest is involve; c. when the issue raised requires formulation o principle to guide the bench, bar and public.
Clearly, oversight concerns post enactment measures undertaken by Congress?
a. to monitor bureaucratic compliance with program objectives, b. to determine whether agencies are properly administered, c. to eliminate executive waste and dishonesty, d. to prevent executive usurpation of legislative authority, and e. to assess executive conformity with the congressional perception of public interest.
After the case is filed in court:
a. to refuse to be witness against himself; b. not to have prejudice imputed on him as a result of such refusal; c. to testify on his behalf; d. to cross-examination; e. while testifying, to refuse questions which tend to incriminate him for some crime other than present charge.
Rights of Person Suspected and Subsequently Charged, Before case is filed in court/prosecutor for preliminary investigation but after being put into custody to or otherwise deprived of liberty, and on being interrogated by police:
a. to remain silent; b. to be informed thereof; c. not to be subjected to force, violence, threat, or intimidation which vitiates free will; d. to have evidence obtained in violation of these rights inadmissible as evidence.
Dismissal of action, when made at instance of the accused, does not put accused in first jeopardy, except:
a. when ground for dismissal is insufficiency of evidence; or b. when the proceedings have been unreasonably prolonged as to violate the right of the accused to a speedy trial.
what character is needed?
a.good moral character; b.believes in the Constitution; c. conducted himself in an irreproachable conduct during his stay in the Philippines;
One of the qualifications is should have resided in the Philippines for not less than 10 years, it may be reduced to 5 years, if?
a.honorably held office in the Philippines; b. established new industry or introduced a useful invention; c.married to a Filipino woman; d. engaged as teacher in Philippine public or private school not established for exclusive instruction to particular nationality or race, or in any of branches of education or industry for a period of not less than 2 years; and e. born in the Philippines;
its effect in criminal prosecution?
acquittal of accused because it is insufficient to overcome presumption of innocence.
Coverage of THE OVERSEAS ABSENTEE VOTING ACT OF 2003 (R.A. 9189)
all citizens of the Philippines abroad, who are not otherwise disqualified by law, at least eighteen (18) years of age on the day of elections, may vote for president, vice-president, senators and party-list representatives.
Decisions/ determinations made by Comelec in the exercise of this power, being merely administrative in character, may be questioned in where?
an ordinary civil action before trial courts.
Scope of SELF-INCRIMINATION
applies only to testimonial compulsion and production of documents, papers and chattels in court except when books of account are to be examined in exercise of power of taxation and police power.
An ad interim appointment not acted upon at the time of the adjournment of the Congress, even if the 30-day period has not yet expired, are deemed what?
by-passed.
causal connection with the danger of the substantive evil arising from the utterance questioned.
clear
The power of the COA to define the scope of its audit and examination and to establish the techniques it will follow is exclusive. This is intended to prevent what?
conflict. These matters, after all, require special expertise.
As these Commissions perform vital governmental functions, they have to be protected from external influences and political pressures. Hence, they were made what?
constitutional bodies, independent of and not under any department of the government. Certainly, they are not under the control of the President.
This means that ordinary legislation belongs to whom during martial law?
continues to belong to the legislative bodies even during martial law.
But it does not authorize the Comelec, motu propio, without the proper proceedings, to?
deny due course to or cancel a certificate of candidacy filed in due form.
Thus, Fiscals or Prosecutors can file information charging an election offense only when they have been what?
deputized by the Commission.
why is it distinguished from designation?
designation simply means the imposition of additional duties, usually by law, on a person already in the public service.
Take Note: Under RA 8974, the government must make a what? before it can enter and exercise proprietary rights.
direct payment (not just a deposit under Rule 67) of the proffered value of the property
The most that the Comelec can do is recommend what?
disciplinary action.
CSC as an administrative agency can only perform and can only be given powers proper to an administrative agency. It can perform what?
executive powers, quasi-judicial powers, and quasi-legislative power or rule-making powers.
Like the CSC, Comelec is an administrative agency, As such, the powers it possesses are what?
executive, quasi-judicial, and quasi-legislative.
Decisions, final orders, or rulings of the Commission on election contests involving elective municipal and barangay offices shall be what?
final, executory, and not appealable.
Commissioner of Immigration and Deportation may issue warrant only for what?
for purpose of carrying out a final decision of deportation or there is sufficient proof of guilt of an alien
It has authority not just over accountable officers but also over other officers who perform what functions?
functions related to accounting such as verification of evaluations and computation of fees collectible, and the adoption of internal rules of control.
Comelec has the authority to decide whether a person what?
has the constitutional qualifications needed to be voted for even on the national level.
As a corollary rule to the control powers of the President, is the "Doctrine of Qualified Political Agency". As the President cannot be expected to exercise his control powers all at the same time and in person, he will have to delegate some of them to whom?
his Cabinet members.
Despite the lack of specific constitutional prohibition, double taxation will not be allowed when?
if the same will result in a violation of the equal protection clause.
When is Liberty of abode limited?
in the lawful order of the court
Even when the accused has previously jumped bail, still he cannot be denied bail before conviction if it is a matter of right. The only remedy is to what?
increase the amount of bail.
The executive can only allege the commission of an offense; it is for the who? to declare such commission in the form of conviction.
judiciary
The Constitutional provisions relating to the taking of the property do not by implication grant the power to the government of the state but what?
limit a power which would otherwise be without limit.
The provision is a limitation on the President's power of appointment. The principal purpose for the ban is to arrest any attempt to prolong the outgoing President's powers by means of proxies.
midnight appointments
Is there provision in the Constitution clothing the President with immunity from suit during his tenure?
no
The right to bail may be invoked when?
once detention commences even if no formal charges have yet to be filed
When is he authorized to exercise item veto?
only in the case of appropriation, revenue, and tariff bills
If assembly is to be held at a public place, what may be validly required?
permit for the use of such place, and not for the assembly itself. Power of local officials is merely for regulation and not for prohibition.
time element, identified with imminent and immediate danger; the danger must not only be probable, but very likely inevitable.
present
A regulation that permanently denies all economically beneficial or productive use of land is, from the owner's point of view, equivalent to taking unless what?
principles of nuisance or property law that existed when the owner acquired the land make the use prohibitable.
When the owner of real property has been called upon to sacrifice all economically beneficial uses in the name of the common good, that is, to leave his property economically idle, he has suffered a what?
taking
The phrase "all other officers of the Government whose appointments are not otherwise provided for by law" means what? Its actuation in the exercise of its power to approve appointments submitted to it by the President of the Philippines is exempt from judicial supervision and interference, except on a clear showing of such arbitrary and improvident use of the powers as will constitute a denial of due process.
that when a law creating an office does not specify who shall appoint the officer, the appointment must be made by the President.
The power to investigate and prosecute violations of election laws is an exclusive power of who?
the Comelec.
However, disciplinary authority over such Fiscals and Prosecutors remain with who?
the Secretary of Justice.
Treaties and international agreements concluded by the President are subject to check by whom? which has the power to declare them unconstitutional.
the Supreme Court
After proclamation, who should have jurisdiction?
the Tribunal and the courts
The only remedy against legislative inaction is a resort to what?
the bar of public opinion, a refusal of the electorate to return to the legislature members who, in their view, have been remiss in the discharge of their duties.
What is the principal criterion in determining JC?
the character of the land at the time of taking.
The property owner's right to repurchase the property depends upon what?
the character of the title acquired by the expropriator, like if land is expropriated for a particular purpose with the condition that when that purpose is ended or abandoned, the property shall revert to the former owner then the former owner can reacquire the property.
It is also different from the commission because?
the commission is the written evidence of the appointment.
The jurisdiction over elections for Sangguniang Kabataan is given to whom?
the department of Local Government.
If the legislature does decide to act, the choice of measures or remedies, provided only they conform to the requisites to be discussed presently, lies also within what?
the exclusive discretion. Once determined, the remedy chosen cannot be attacked on the ground that it is not the best of the suggested solutions, or that it is unwise, or impractical or inefficacious, or even immoral.
it is the foundation of the right to exercise ED, when proper, it may be raised to the RTC during the expropriation proceedings.
the genuine necessity and that necessity must be of public character.
But legislative scrutiny does not end in budget hearings. Congress can ask what?
the heads of department to appear before and be heard by either House of Congress on any matter pertaining to their departments.
But the non-appealable character refers only to questions of fact and not of law. Such decisions remain subject to what?
the jurisdiction of SC through the special civil action of certiorari under Rule 65 within thirty (30) days from receipt of a copy thereof in accordance with Art. IX, A, Sec.7.
The exercise of the PP lies in the discretion of whom? Given a police problem, it is entirely up to this to decide whether or not, in the first place, it should act against the problem. If it does, well and good; but if it does not, it may not be compelled to do so by judicial process.
the legislative department.
JC not only includes the determination of the amount to be paid to owner of the land but also what?
the payment of the land within a reasonable period of time after taking.
The exercise of this necessarily involves a derogation of a fundamental right. Thus, whether such power is exercised directly by the State or by its authorized agents, the exercise of such power must undergo painstaking scrutiny.
the power of Eminent Domain
Through this, Congress shares in the appointing power of the executive. Theoretically, it is intended to lessen political consideration in the appointment of officials in sensitive positions in the government. It also provides Congress an opportunity to find out whether the nominee possesses the necessary qualifications, integrity and probity required of all public servants.
the power of confirmation
When there is taking in the constitutional sense, what should the property owner do?
the property owner need not file a claim for just compensation with the COA, he may go directly to court to demand payment.
The Comelec may recommend to the President what?
the removal of any officer it has deputized, or the imposition of any sanction, for disobedience, violation, or disregard of its orders.
As declared by the Supreme Court, it is the power borne by the President's duty to preserve and defend the Constitution. It may also be viewed as a power implicit in the President's duty to take care that the laws are faithfully executed.
the residual power
Re: Expropriation by LGUs for the purpose of socialized housing
the same must be done in accordance with RA 7279
Double taxation becomes prohibited only when?
the taxpayer is taxed twice for the benefit of the same governmental entity or by the same jurisdiction for the same purpose, but not in a case where one tax is imposed by the State and the other by the city or municipality.
The Electoral Tribunal may assume jurisdiction only after what? why?
the winning candidate (who is a party to the election controversy) shall have been duly proclaimed, has taken his oath of office and has assumed the functions of the office, because it is only then that he is said to be a member of the Senate or HR as the case may be. And thus, Comelec's jurisdiction over the election contest relating to his election, returns and qualifications ends.
Congress exercises supervision over the executive agencies through its what?
veto power.
It typically utilizes this when granting the President or an executive agency the power to promulgate regulations with the force of law. These provisions require the President or an agency to present the proposed regulations to Congress, which retains a right to approve or disapprove any regulation before it takes effect. Such ___ usually provides that a proposed regulation will become a law after the expiration of a certain period of time, only if Congress does not affirmatively disapprove of the regulation in the meantime. Less frequently, the statute provides that a proposed regulation will become law if Congress affirmatively approves it.
veto provisions
As a general rule, if the President disapproves of a provision in a bill approve by Congress, he should what? why?
veto the entire bill, he is not allowed to veto separate parts of a bill while retaining others.
But Congress may override a presidential veto by a what?
vote of two-thirds (2/3) of all its members.
The Commission shall meet only when?
while the Congress is in session, at the call of its chairman or a majority of all its members.
Is mere commission, not necessarily conviction by the Court of any other crime, enough in order that petitioner, may be deemed to have violated the condition of his parole or pardon?
yes
can Right to cross-examination be waived?
yes
is it a ground for cancellation of registration, if one political party is already registered but it has accepted financial contributions from foreign governments?
yes
Circumstances whichconstitute taking for purposes of ED (Take Note: all must concur):
• The expropriator must enter upon a private property. • The entrance must not be for a momentary period, that is, the entrance must be permanent • The entry must be under warrant or color of legal authority. • The property must be devoted to public use or otherwise informally appropriated or injuriously affected. • The utilization of the property must be in such a way as to oust the owner and deprive him of all beneficial enjoyment of the property.
Judicial review under ED extends to the following:
• adequacy of compensation • necessity of the taking • the public use character of the purpose of the taking
The following are not expropriable:
• money (obviously, since payment of JC is money) • choses in action - personal right not reduced into possession but recoverable by a suit at law, a right to receive, demand or recover a debt, demand or damages on a cause of action ex contractu or for a tort or omission of duty. • private property already devoted to public use.
Forms of taking
• physical dispossession of the owner • trespass without actual eviction of the owner • material impairment of the property • prevention of the ordinary uses for which the property was intended imposition of a burden upon the owner of the condemned property
These includes:
• real and personal properties, whether tangible or intangible. • franchise • churches and other religious properties • graves • services
