Podcast
Questions and Answers
What is the primary role of the judicial branch as defined in the provided text?
What is the primary role of the judicial branch as defined in the provided text?
- To settle legal disputes and determine grave abuses of discretion. (correct)
- To manage the financial resources of the government.
- To advise the executive branch on international treaties.
- To propose and enact laws.
Which of the following best describes the limitations on Congress's power regarding the jurisdiction of courts?
Which of the following best describes the limitations on Congress's power regarding the jurisdiction of courts?
- Congress can define the jurisdiction of lower courts, but cannot deprive the Supreme Court of its constitutionally granted jurisdiction. (correct)
- Congress can freely alter the Supreme Court's jurisdiction.
- Congress can remove the Supreme Court's jurisdiction over all cases.
- Congress has unlimited power to reorganize the judiciary without any restrictions.
What protection does the Judiciary have regarding its budget, according to the text?
What protection does the Judiciary have regarding its budget, according to the text?
- The legislature can reduce the Judiciary's budget at any time.
- The Judiciary's budget is determined by the Supreme Court alone.
- The Judiciary must request its budget from the executive branch annually.
- Appropriations for the Judiciary cannot be reduced below the previous year's amount and must be automatically released after approval. (correct)
In the Supreme Court, what constitutes a majority vote in cases heard by a division?
In the Supreme Court, what constitutes a majority vote in cases heard by a division?
Under what condition would a case originally heard by a division of the Supreme Court need to be decided en banc?
Under what condition would a case originally heard by a division of the Supreme Court need to be decided en banc?
Which scenario requires a case to be heard by the Supreme Court en banc?
Which scenario requires a case to be heard by the Supreme Court en banc?
What is the significance of the phrase 'security of tenure' in the context of reorganizing the Judiciary?
What is the significance of the phrase 'security of tenure' in the context of reorganizing the Judiciary?
What is the process for filling vacancies in the Supreme Court?
What is the process for filling vacancies in the Supreme Court?
A Commissioner of a Constitutional Commission is discovered to have a significant financial interest in a contract with a government-owned corporation. Which of the following principles is most directly violated?
A Commissioner of a Constitutional Commission is discovered to have a significant financial interest in a contract with a government-owned corporation. Which of the following principles is most directly violated?
The Civil Service Commission (CSC) is tasked with appointing its officials and employees. Which principle dictates how these appointments should be made?
The Civil Service Commission (CSC) is tasked with appointing its officials and employees. Which principle dictates how these appointments should be made?
A decision made by a Constitutional Commission is challenged and brought to the Supreme Court. What is the legal basis for the Supreme Court to review the decision?
A decision made by a Constitutional Commission is challenged and brought to the Supreme Court. What is the legal basis for the Supreme Court to review the decision?
A losing party in a case before a Constitutional Commission wishes to appeal the decision. Within what timeframe must they file a certiorari with the Supreme Court?
A losing party in a case before a Constitutional Commission wishes to appeal the decision. Within what timeframe must they file a certiorari with the Supreme Court?
The Commission on Elections (COMELEC) promulgates new rules of procedure that inadvertently alter the burden of proof in electoral protests, making it significantly harder for petitioners. Is this permissible under the Constitution?
The Commission on Elections (COMELEC) promulgates new rules of procedure that inadvertently alter the burden of proof in electoral protests, making it significantly harder for petitioners. Is this permissible under the Constitution?
What is the term length for a Civil Service Commissioner once appointed, and can they be reappointed?
What is the term length for a Civil Service Commissioner once appointed, and can they be reappointed?
A case is submitted to a Constitutional Commission for resolution. After the submission, how long does the Commission have to decide on the matter?
A case is submitted to a Constitutional Commission for resolution. After the submission, how long does the Commission have to decide on the matter?
Which of the following scenarios would disqualify a person from being appointed as Chairman of the Civil Service Commission?
Which of the following scenarios would disqualify a person from being appointed as Chairman of the Civil Service Commission?
Which entity holds the primary responsibility for the defense and security of autonomous regions?
Which entity holds the primary responsibility for the defense and security of autonomous regions?
An autonomous region seeks to implement a new educational program that conflicts with national standards. Which principle governs the resolution of this conflict?
An autonomous region seeks to implement a new educational program that conflicts with national standards. Which principle governs the resolution of this conflict?
If a regional government attempts to legislate on a matter not explicitly authorized in its organic act, what recourse does the national government have?
If a regional government attempts to legislate on a matter not explicitly authorized in its organic act, what recourse does the national government have?
A citizen residing outside of the House of Representatives wishes to file an impeachment complaint against the President, what must they do to ensure their complaint is considered?
A citizen residing outside of the House of Representatives wishes to file an impeachment complaint against the President, what must they do to ensure their complaint is considered?
A member of the House of Representatives files a verified impeachment complaint. What is the next step in the impeachment process?
A member of the House of Representatives files a verified impeachment complaint. What is the next step in the impeachment process?
After a committee receives an impeachment complaint, they have a limited time to submit their report to the House. What is the maximum number of session days the committee has from the referral of the complaint to submit its report?
After a committee receives an impeachment complaint, they have a limited time to submit their report to the House. What is the maximum number of session days the committee has from the referral of the complaint to submit its report?
The House of Representatives receives a committee report regarding an impeachment complaint. What is the next step the House must take?
The House of Representatives receives a committee report regarding an impeachment complaint. What is the next step the House must take?
A public official is accused of graft and corruption. According to the provisions, which of the following individuals can only be removed through impeachment?
A public official is accused of graft and corruption. According to the provisions, which of the following individuals can only be removed through impeachment?
Which of the following actions falls outside the enumerated powers of the Commission on Elections (COMELEC)?
Which of the following actions falls outside the enumerated powers of the Commission on Elections (COMELEC)?
A political organization is found to be heavily funded by a foreign government. According to the provisions, what is the likely consequence?
A political organization is found to be heavily funded by a foreign government. According to the provisions, what is the likely consequence?
The COMELEC decides to remove a deputized officer for disregarding a directive. Which of the following steps must COMELEC undertake?
The COMELEC decides to remove a deputized officer for disregarding a directive. Which of the following steps must COMELEC undertake?
What is the most accurate description of the limitation on religious groups regarding elections?
What is the most accurate description of the limitation on religious groups regarding elections?
In what capacity can COMELEC involve law enforcement agencies during elections?
In what capacity can COMELEC involve law enforcement agencies during elections?
A voter has been incorrectly excluded from the voter's list. What recourse does COMELEC have?
A voter has been incorrectly excluded from the voter's list. What recourse does COMELEC have?
After an election, what specific reporting responsibility does COMELEC have?
After an election, what specific reporting responsibility does COMELEC have?
When can the COMELEC deputize law enforcement agencies?
When can the COMELEC deputize law enforcement agencies?
Which of the following is NOT a qualification requirement for an individual to be appointed as the Ombudsman of the Philippines?
Which of the following is NOT a qualification requirement for an individual to be appointed as the Ombudsman of the Philippines?
How are appointments to the Office of the Ombudsman made?
How are appointments to the Office of the Ombudsman made?
What is the term length for the Ombudsman and his Deputies?
What is the term length for the Ombudsman and his Deputies?
What restriction is placed on the Ombudsman and his Deputies after they leave office?
What restriction is placed on the Ombudsman and his Deputies after they leave office?
What is the primary role of the Ombudsman and his Deputies?
What is the primary role of the Ombudsman and his Deputies?
Which of the following actions falls under the powers, functions, and duties of the Office of the Ombudsman?
Which of the following actions falls under the powers, functions, and duties of the Office of the Ombudsman?
The Ombudsman receives a salary equivalent to which of the following?
The Ombudsman receives a salary equivalent to which of the following?
The Ombudsman has the power to direct a government agency to perform a duty required by law. Which scenario exemplifies the appropriate use of this power?
The Ombudsman has the power to direct a government agency to perform a duty required by law. Which scenario exemplifies the appropriate use of this power?
Which action can the Ombudsman NOT directly take regarding a public official found at fault?
Which action can the Ombudsman NOT directly take regarding a public official found at fault?
Under what condition can the Office of the Ombudsman publicize matters covered by its investigation?
Under what condition can the Office of the Ombudsman publicize matters covered by its investigation?
What is guaranteed to the Office of the Ombudsman regarding its funding?
What is guaranteed to the Office of the Ombudsman regarding its funding?
What legal principle does NOT bar the State from recovering unlawfully acquired properties from public officials?
What legal principle does NOT bar the State from recovering unlawfully acquired properties from public officials?
Which entity can grant loans to members of Congress during their tenure, according to the stipulations?
Which entity can grant loans to members of Congress during their tenure, according to the stipulations?
Why are government agencies required to provide assistance and information to the Ombudsman?
Why are government agencies required to provide assistance and information to the Ombudsman?
For which officials' declarations of assets, liabilities, and net worth is public disclosure mandated?
For which officials' declarations of assets, liabilities, and net worth is public disclosure mandated?
What primary goal does the Ombudsman pursue when examining government records related to contracts and transactions?
What primary goal does the Ombudsman pursue when examining government records related to contracts and transactions?
Flashcards
Conflict of Interest Restriction
Conflict of Interest Restriction
Constitutional Commission members must not have financial interests in government contracts or businesses affected by their office.
Salary Protection
Salary Protection
Salaries are fixed by law and cannot decrease during their term.
Appointment Power
Appointment Power
Each Constitutional Commission has the power to appoint its own officials and employees according to the law.
Fiscal Autonomy
Fiscal Autonomy
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Rule-Making Limitation
Rule-Making Limitation
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Decision Deadline
Decision Deadline
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Appeal Period
Appeal Period
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Civil Service Commission (CSC)
Civil Service Commission (CSC)
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President's address to Congress
President's address to Congress
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Judicial Power
Judicial Power
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Congress & Court Jurisdiction
Congress & Court Jurisdiction
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Judicial Fiscal Autonomy
Judicial Fiscal Autonomy
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Supreme Court Composition
Supreme Court Composition
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Treaty Cases
Treaty Cases
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Court Decision Concurrence
Court Decision Concurrence
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Doctrine modification
Doctrine modification
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Election Question Authority
Election Question Authority
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Deputizing Power
Deputizing Power
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Political Party Registration
Political Party Registration
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Grounds for Registration Refusal / Cancellation
Grounds for Registration Refusal / Cancellation
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Election Law Enforcement
Election Law Enforcement
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Legislative Recommendations
Legislative Recommendations
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Disciplinary Authority
Disciplinary Authority
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Election Reporting
Election Reporting
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Autonomous Region Powers
Autonomous Region Powers
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Regional Peacekeeping
Regional Peacekeeping
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National Defense Role
National Defense Role
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Public Office Standards
Public Office Standards
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Impeachable Officials
Impeachable Officials
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Grounds for Impeachment
Grounds for Impeachment
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Impeachment Initiation
Impeachment Initiation
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Filing Impeachment
Filing Impeachment
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Ombudsman's Disciplinary Power
Ombudsman's Disciplinary Power
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Ombudsman's Investigative Powers
Ombudsman's Investigative Powers
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Ombudsman's Power to Request Assistance
Ombudsman's Power to Request Assistance
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Ombudsman's Power to Publicize
Ombudsman's Power to Publicize
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Ombudsman's Role in Identifying Issues
Ombudsman's Role in Identifying Issues
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Fiscal Autonomy of the Ombudsman
Fiscal Autonomy of the Ombudsman
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State's Right of Recovery
State's Right of Recovery
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Restriction on Loans to Public Officials
Restriction on Loans to Public Officials
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Ombudsman Qualifications
Ombudsman Qualifications
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Ombudsman Experience Requirement
Ombudsman Experience Requirement
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Ombudsman Appointment Process
Ombudsman Appointment Process
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Ombudsman Term of Office
Ombudsman Term of Office
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Ombudsman's Duty
Ombudsman's Duty
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Ombudsman's Directives
Ombudsman's Directives
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Ombudsman Disqualifications
Ombudsman Disqualifications
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Study Notes
Preamble
- The sovereign Filipino people implore the aid of Almighty God to build a just, humane society.
- They seek to establish a government that embodies their ideals and aspirations.
- They aim to promote the common good, conserve and develop their patrimony.
- The goal is to secure the blessings of independence and democracy under the rule of law with truth, justice, freedom, love, equality, and peace; they ordain and promulgate the Constitution.
Article I: National Territory
- National territory comprises the Philippine archipelago, including islands and waters.
- It includes all other territories where the Philippines has sovereignty/jurisdiction.
- This includes terrestrial, fluvial, and aerial domains, its territorial sea, seabed, subsoil, insular shelves, and submarine areas.
- Waters around, between, and connecting the islands are part of internal Philippine waters.
Article II: Declaration of Principles and State Policies
- The Philippines is a democratic and republican State, and sovereignty resides in the people.
- All government authority emanates from the people.
- The Philippines renounces war as a national policy instrument.
- It adopts generally accepted principles of international law.
- It adheres to peace, equality, justice, freedom, cooperation, and amity with all nations.
- Civilian authority is supreme over the military at all times.
- The Armed Forces of the Philippines protects the people and the State.
- The goal of the Armed Forces of the Philippines is to secure sovereignty and territorial integrity.
- The government's prime duty is to serve and protect the people, and the government may call upon the people to defend the State.
- All citizens may be required to render personal military or civil service under conditions provided by law.
- Maintaining peace and order, protecting life, liberty, and property, and promoting general welfare are essential for democracy's blessings.
- Separation of Church and State is inviolable.
- The State pursues an independent foreign policy, prioritizing national sovereignty, territorial integrity, national interest, and self-determination.
State Policies (Article II)
- The Philippines promotes a policy of freedom from nuclear weapons, consistent with national interest.
- The State promotes a just and dynamic social order for prosperity and independence, aiming to free people from poverty.
- Policies include adequate social services, full employment, a rising standard of living, and improved life quality.
- The state will seek to promote social justice in all phases of national development.
- The State values human dignity and guarantees respect for human rights.
- The State recognizes and protects the family as a basic autonomous social institution.
- It equally protects the life of the mother and the unborn from conception.
- Parents' natural right to rear youth for civic efficiency and moral character development shall receive government support.
- The State recognizes youth's vital role in nation-building.
- It promotes their physical, moral, spiritual, intellectual, and social well-being.
- The State inculcates patriotism, nationalism in youth, and encourages their involvement in public and civic affairs.
- The State recognizes the role of women in nation-building.
- The State ensures fundamental equality between women and men.
- The State protects and promotes the right to health and instills health consciousness.
- The State protects the right to a balanced and healthful ecology in accord with nature.
- Gives priority to education, science, technology, arts, culture, and sports to foster patriotism, accelerate progress, and promote human liberation.
- Affirms labor as a primary social economic force.
- State shall protect the rights of workers and promote their welfare.
- The state must develop a self-reliant national economy effectively controlled by Filipinos.
- It recognizes the private sector's indispensable role.
- It encourages private enterprise, and provides incentives for investments.
- The state promotes comprehensive rural development and agrarian reform.
- The State recognizes and promotes indigenous cultural communities' rights within national unity.
- The State encourages non-governmental, community-based, or sectoral organizations promoting national welfare.
- The State recognizes communication and information's vital role in nation-building.
- The State ensures local government autonomy.
- The State guarantees equal access to public service opportunities, prohibiting political dynasties as legally defined.
- The State maintains honesty and integrity in public service and addresses graft and corruption.
- Subject to conditions, the State adopts full public disclosure of transactions involving public interest.
Article III: Bill of Rights
- No person shall be deprived of life, liberty, or property without due process.
- No person shall be denied the equal protection of the laws.
- The right to be secure against unreasonable searches and seizures is inviolable.
- Warrants are issued only upon probable cause, determined by a judge after examination under oath. The warrant must describe the place and things to be seized.
- Privacy of communication is inviolable except upon lawful court order or when public safety requires.
- Evidence obtained in violation of privacy is inadmissible in any proceeding.
- No law shall abridge freedom of speech, expression, press, or the right to assemble and petition for grievances.
- No law shall establish religion or prohibit its free exercise.
- Religious profession and worship, without discrimination or preference, shall forever be allowed.
- No religious test shall be required for civil or political rights.
- Liberty of abode and travel shall not be impaired, except by lawful court order or in the interest of national security, public safety, or health.
- The right to information on matters of public concern shall be recognized.
- People shall be afforded access to official records, documents, and government research data.
- People have the right to form unions, associations, or societies for lawful purposes.
- Private property shall not be taken for public use without just compensation.
- No law impairing the obligation of contracts shall be passed.
- Free access to courts and legal assistance shall not be denied due to poverty.
- Any person under investigation has the right to remain silent and to have counsel.
- Counsel must be competent and independent, preferably of their own choice, and provided if they cannot afford one.
- These rights cannot be waived except in writing and with counsel present.
- Torture, force, violence, threat, intimidation, or degrading treatment is prohibited.
- Secret detention, solitary confinement, and incommunicado detention are prohibited.
- Confessions obtained in violation of rights shall be inadmissible as evidence.
- The law shall provide sanctions for violations and compensation for victims of torture.
- All persons shall be bailable before conviction, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong.
- The right to bail shall not be impaired even when the writ of habeas corpus is suspended.
- Excessive bail shall not be required.
- No person shall be held to answer for a criminal offense without due process.
- In criminal prosecutions, the accused is presumed innocent, has the right to counsel, to a speedy, impartial, and public trial, to meet witnesses face to face, and to compulsory process.
- Trial may proceed after arraignment, even if the accused is absent, provided they were notified and their absence is unjustifiable.
- The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion when public safety requires it.
- All have the right to a speedy disposition of cases before judicial, quasi-judicial, or administrative bodies.
- No person shall be compelled to be a witness against himself.
- No person shall be detained solely for political beliefs or aspirations.
- Involuntary servitude is prohibited except as punishment for a crime.
- Excessive fines, or cruel, degrading or inhuman punishment shall not be inflicted.
- Death penalty shall not be imposed, unless for heinous crimes and Congress provides for it.
- Death penalties already imposed shall be reduced to reclusion perpetua.
- Physical, psychological, or degrading punishment against prisoners is prohibited.
- Substandard penal facilities under subhuman conditions shall be dealt with by law.
- No person shall be imprisoned for debt or non-payment of a poll tax.
- No person shall be twice put in jeopardy of punishment for the same offense.
- No ex post facto law or bill of attainder shall be enacted.
Article IV: Citizenship
- Citizens of the Philippines include those who were citizens at the time of the Constitution's adoption.
- Also included are those whose fathers or mothers are citizens.
- Those born before January 17, 1973, to Filipino mothers, who elect Philippine citizenship upon reaching majority are citizens.
- Those who become naturalized in accordance with law are citizens.
- Natural-born citizens are citizens from birth without performing any act to acquire citizenship.
- Those who elect citizenship are also deemed natural-born citizens.
- Philippine citizenship may be lost or reacquired as provided by law.
- Citizens who marry aliens retain citizenship unless they renounce it.
- Dual allegiance is inimical to national interest and shall be dealt with by law.
Article V: Suffrage
- Suffrage may be exercised by all citizens not disqualified by law, who are at least 18 years old
- They must have resided in the Philippines for at least one year
- They must have resided in the place they propose to vote for at least six months before the election
- No literacy, property, or other substantive requirement shall be imposed.
- Congress shall provide a system for securing the secrecy/sanctity of the ballot and absentee voting for qualified Filipinos abroad.
- Congress shall design a procedure for disabled and illiterate voters to vote without assistance.
- Until then, they may vote under existing laws and COMELEC rules protecting ballot secrecy.
Article VI: The Legislative Department
- Legislative power is vested in the Congress of the Philippines, consisting of a Senate and a House of Representatives.
- Legislative power is subject to exceptions reserved to the people through initiative and referendum.
- The Senate is composed of 24 Senators elected at large by qualified voters.
- A Senator must be a natural-born citizen, at least 35 years old on election day, able to read and write, a registered voter, and a resident of the Philippines for at least two years before election day.
- Senators' term of office is six years, commencing at noon on June 30 next following their election.
- No Senator can serve for more than two consecutive terms; voluntary renunciation is not an interruption.
- The House of Representatives shall be composed of no more than 250 members.
- Unless otherwise fixed by law, representatives are elected from legislative districts apportioned among provinces, cities, and Metropolitan Manila. The number of inhabitants factors into this.
- Some members are elected through a party-list system of registered national, regional, and sectoral parties/organizations.
- Party-list representatives constitute 20% of the total representatives.
- For three terms after the Constitution's ratification, half of the party-list seats will be filled by selection or election from labor, peasant, urban poor, indigenous communities, women, youth, and other sectors, except religious ones.
- Each legislative district should comprise contiguous, compact, and adjacent territory as far as practicable.
- Each city with at least 250,000 population, or each province, shall have at least one representative.
- Within three years following the return of every census, Congress shall reapportion legislative districts.
- Members of the House must be natural-born citizens, at least 25 years old, able to read and write.
- Except for party-list representatives, they must be registered voters in the district and residents for at least one year before election day.
- House Members are elected for three-year terms, beginning noon on June 30 next following their election.
- No member can serve more than three consecutive terms; voluntary renunciation is not an interruption.
- Unless otherwise provided, regular elections for Senators and House Members are held on the second Monday of May.
- Vacancies in the Senate or House may be filled by special elections.
- Senators or Representatives thus elected serve only for the unexpired term.
- Salaries of Senators/Representatives are determined by law.
- Increases take effect only after the full term of all members approving them.
- Senators and Representatives shall, in offenses punishable by imprisonment of not more than six years, be privileged from arrest during Congress's session.
- NO member shall be questioned nor be held liable in any other place for any speech or debate in the Congress or in any committee thereof.
- Senators and Representatives must disclose their financial and business interests upon assuming office.
- They shall notify the House of potential conflicts of interest from proposed laws they author.
- Senators and Representatives may not hold any other government office or employment (including GOCCs) during their term without forfeiting their seat.
- They shall not be appointed to offices created or with emoluments increased during their term.
- Senators and Representatives may not personally appear as counsel before any court of justice/electoral tribunals/quasi-judicial bodies.
- They shall not be financially interested in any contract/franchise granted by the Government.
- They shall not intervene before any government office for pecuniary benefit.
- Congress convenes annually on the fourth Monday of July, unless a different date is fixed by law.
- It continues in session until 30 days before the opening of its next regular session, excluding Saturdays, Sundays, and holidays.
- The President may call a special session at any time.
- The Senate elects its President, and the House elects its Speaker, by a majority vote of all respective members.
- Each House chooses other officers as necessary.
- A majority of each House constitutes a quorum.
- A smaller number may adjourn and compel absent Members' attendance.
- Each House determines its rules, punishes disorderly behavior, and may suspend/expel a Member with a two-thirds vote.
- Suspension cannot exceed 60 days.
- Each House keeps a Journal of its proceedings, publishing it from time to time.
- Votes shall be entered into the journal, if requested by one-fifth of the Members present.
- Each House keeps record of proceedings.
- Neither House can adjourn for more than three days or to any other place without the other's consent.
- Senate/House each have an Electoral Tribunal which is the sole judge of election contests, returns, and qualifications of their respective members.
- Each tribunal has nine Members, three of whom are Justices of the Supreme Court designated by the Chief Justice.
- The remaining six are Members of the Senate or House chosen based on proportional representation from political parties/organizations under the party-list system.
- The senior Justice in the Electoral Tribunal is its Chairman.
- A Commission on Appointments consists of the Senate President (ex officio Chairman), 12 Senators, and 12 Representatives.
- Members are elected by each House based on proportional representation.
- The Chairman only votes in case of a tie.
- The Commission must act on all appointments within 30 session days of their submission, ruling by a majority vote.
- The Electoral Tribunals and the Commission on Appointments shall be constituted within thirty days after the Senate and the House of Representatives shall have been organized with the election of the President and the Speaker.
- The Commission on Appointments shall meet only while the Congress is in session, at the call of its Chairman or a majority of all its Members, to discharge such powers and functions as are herein conferred upon it.
- Congressional records and books of accounts are public and audited by the Commission on Audit.
- An itemized list of amounts paid to and expenses incurred for each member is published annually.
- Senate or House committees may conduct inquiries in aid of legislation under duly published rules, respecting rights of those appearing or affected.
- Department heads may appear before either House with the President's consent or request, answering questions pertaining to their departments. Written Questions must be submitted at least 3 days before the appearance.
- Interpellations may cover matters related to questions.
- Executive sessions may be conducted when the security of the state or public interest requires and the President communicates this in writing.
- Congress, by a vote of two-thirds of both Houses in joint session, voting separately, declares the existence of a state of war.
- In times of war/national emergency, Congress may authorize the President to exercise powers to carry out national policy, subject to restrictions.
- Unless sooner withdrawn, powers cease upon the next adjournment of Congress.
- All appropriation, revenue/tariff bills, bills authorizing public debt increase, and private bills originate exclusively in the House.
- Senate may propose/concur with amendments.
- Congress cannot increase appropriations recommended by the President for government operation as specified in the budget.
- Presidential format, content, and manner of preparation of the budget shall be prescribed by law.
- No unrelated provision shall be included in the general appropriations and must be limited to the appropriation it relates to.
- Procedures for approving appropriations for Congress shall strictly follow the procedure for approving appropriations for other departments and agencies
- Special appropriations bills shall specify the purpose and be supported by available funds certified by the National Treasurer or corresponding revenue.
- No transfer of appropriations is allowed
- However, The President, Senate President, House Speaker, Supreme Court Chief Justice, and Heads of Constitutional Commissions may augment items in the general appropriations law for their respective offices from savings in other items.
- Discretionary funds for officials must be disbursed only for public purposes.
- They must be supported by vouchers and subject to guidelines.
- If Congress fails to pass the general appropriations bill by the end of any fiscal year, the previous year's bill is reenacted until a new one is passed.
- Every bill passed by Congress shall embrace only one subject expressed in the title.
- No bill becomes law unless it passes three readings on separate days.
- Printed copies of the final form must be distributed to Members three days before passage
- Exception: when the President certifies the necessity of immediate enactment due to public calamity or emergency.
- No amendment is allowed on the last reading, and the vote is taken immediately thereafter -- it is then recorded in Journal.
- Every bill passed by Congress shall be presented to the President.
- If the President approves, it is signed; otherwise, it is vetoed and returned to the originating House with objections.
- The House enters objections in its Journal and reconsiders the bill.
- If two-thirds of that House agree to pass the bill, it is sent with objections to the other House for reconsideration.
- If approved by two-thirds of that House, it becomes law.
- Votes of each House are determined by yeas/nays recorded in the journal.
- The President must communicate veto within 30 days of receipt
- Otherwise, it becomes law as if signed.
- The President may veto particular items in an appropriation, revenue, or tariff bill, which does not affect items they do not veto.
- The rule of taxation shall be uniform and equitable.
- Congress shall evolve a progressive system of taxation.
- Congress may authorize the President to fix tariff rates within specified limits.
- Congress can authorize other such restrictions as it imposes -- can apply to tariff rates, import and export quotas, tonnage and wharfage dues, and other duties or imposts within the framework of the government's national development program.
- Charitable institutions, churches, parsonages, mosques, non-profit cemeteries, and lands/buildings used exclusively for religious, charitable, or educational purposes shall be exempt from taxation.
- No law granting tax exemption shall be passed without a majority vote of all Members of Congress.
- No money shall be paid from the Treasury except by appropriation made by law.
- No public money/property can be used for religious purposes, except for priests, preachers, ministers, or dignitaries in the armed forces, penal institutions, or government orphanages.
- Money collected for a special tax is treated as a special fund used for that purpose only.
- If the purpose of the fund is fulfilled or abandoned, the balance goes to the general funds of the Government.
- No law shall be passed that increases the apppellate jurisdiction of the Supreme Court as provided in the consitution without it's advice and concurrence.
- No law granting a title of royalty/nobility shall be enacted.
- Congress shall provide for a system of initiative/referendum whereby people propose/enact laws or reject acts passed by Congress/local bodies.
- This requires a petition signed by at least 10% of registered voters, with every legislative district represented by 3% of its registered voters.
Article VII: Executive Department
- The executive power shall be vested in the President of the Philippines.
- Presidential candidates must be natural-born citizens, registered voters, able to read and write, at least 40 years of age on election day, and a resident of the Philippines for at least 10 years immediately preceding the election.
- There is a Vice-President with the same qualifications and term as the President.
- The Vice-President may be appointed as a Member of the Cabinet without confirmation.
- The President and Vice-President are elected by direct vote, serving six-year terms starting at noon on June 30 next following the election.
- The President is ineligible for reelection.
- S/he may not serve more than four years if succeeding as President.
- No Vice-President shall serve for more than two consecutive terms.
- Renunciation of office is not an interruption in service for full term
- Elections for President and Vice-President are held on the second Monday of May unless otherwise provided by law.
- Election returns, certified by each province/city, shall be transmitted to Congress, directed to the Senate President.
- Congress, upon determination of the authenticity and due execution thereof in the manner provided by law, canvass the votes
- The Senate President opens certificates in a joint public session of Congress within thirty days from election day
- The person with the highest number of votes shall be proclaimed elected.
- In case of tie, the majority of Congress votes separately.
- Congress promulgates its rules for Canvassing.
- The Supreme Court, sitting en banc, is the sole judge of contests relating to the election, returns, and qualifications of the President/Vice-President, and may promulgate its rules accordingly.
- Before executing office, the President, VP, or Acting President takes an oath.
- The President has an official residence.
- Salaries of the President/VP are determined by law and shall not be decreased.
- Pay raises don't take effect until the term after approval.
- They shall not receive other emoluments from the Government or other sources.
- The President-elect and the Vice-President-elect shall assume office at the beginning of their terms.
- If President fails to qualify, the Vice-President-elect shall act as President
- If President has not been chosen, the Vice-President-elect shall act as President
- If, at the beginning of the term of the President, the President-elect shall have died or shall have become permanently disabled, the Vice-President-elect shall become President. Where no President and Vice-President shall have been chosen or shall have qualified, or where both shall have died or become permanently disabled, the President of Senate acts as President until a President or Vice-President shall have been chosen and qualified.
- Congress shall provide for the manner in which one who is to act as President shall be selected until a President or a Vice-President shall have qualified.
- In cases of the VP or President's death, permanent disability, removal from office, or resignation of the President, the VP becomes the President to serve the unexpired term.
- In case of death, permanent disability, removal from office, or resignation of both the President and Vice-President, the Senate President acts as President.
- Congress determines who shall serve as President in those cases.
- Whenever there is a vacancy in the Office of the Vice-President during the term for which he was elected, the President shall nominate a Vice-President from among the Members of the Senate and the House of Representatives who shall assume office upon confirmation by a majority vote of all the Members of both Houses of the Congress, voting separately.
- Congress sets the rules of conveneing at ten o'clock in the morning of the third day after the vacancies of President and VP, without the need of a call. Within seven days then enact a law calling for a special election to elect a President and a Vice-President to be held not earlier than forty-five days nor later than sixty days from the time of such call.
- No special election shall be called if the vacancy occurs within eighteen months before the date of the next presidential election.
- The President must transmit written declaration to Senate Presidnet and House Speaker if he's unable to discharge office powers and duties.
- Only if he tells them that he can again, can he resume power.
- If a majority of the Cabinet transmit a written declaration however, that Congress shall decide the issue. For that purpose, the Congress shall convene, if it is not in session, within forty-eight hours, in accordance with its rules and without need of call.
- The public should be informed of the President's serious illness.
- The members of the Cabinet in charge of national security and foreign relations and the Chief of Staff of the Armed Forces of the Philippines, shall not be denied access to the President during such illness.
- The President, shall not hold any other office or employment during their tenure.
- Their deputies assistants cannot do the same.
- They shall not, during said tenure, directly or indirectly, practice any other profession, participate in any business, or be financially interested in any contract with, or in any franchise, or special privilege granted by the Government.
- Restrictions apply to spouses and relatives by affinity: Spouse and relatives within the fourth civil degree of consanguinity cannot be appointed to certain positions.
- Appointments by an Acting President remain effective, unless revoked by the elected President within 90 days from assumption of office. President or Acting President shall not make appointments, except temporary appointments to executive positions when continued vacancies therein will prejudice public service or endanger public safety
- The President nominates and appoints heads of executive departments and others with the consent of the Commission on Appointments.
- Congress may vest the appointment of lower-ranked officers in other entities. President has control of all departments and bureaus and offices. President enacts Executive Law. Commander in Chief is the President President can call armed forces to prevent or oppress violence, invasion, rebellion.
- The President may suspend the privilege of habeas corpus or declare Martial Law for up to 60 days.
- President must submit report to Congress within 48 hours! -- Congress can jointly vote to revoke declaration.
- Supreme Court approves Martial Law and extends the Proclamation within 30 days.
- Suspension would be used for rebellion or things connected to an invasion.
- Arrested without 3 days must be released, and the declaration doesn't affect the operation of the Constitution.
- The President may grant reprieves, commutations, pardons and fines after the conviction. -- Unless exceptions, this does not apply in cases of Impeachment.
- He shall also pardon amnesty with concurrence with the majority members of Congress.
- The president can contact loans as long as the Monetary Board approves of them. The information regarding the laons needs to be given during the quarter to Congress.
- No treaty is valid without approval from Senate.
- The president should submit the spending as soon as possible. The budget needs to have proper documentation about the revenue!
- The President can address in the open every session -- to deliver some address!
Article VIII: Judicial Department
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Judicial power is vested in one Supreme Court and lower courts established by law.
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Judicial power can be invoked if there is a grave abuse of discretion.
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The Congress shall have the power to prescribe and apportion the jurisdiction of various courts.
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The judges are protected as long as they are secured in their jobs.
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The appropriations for judges should not be reduced!
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The supreme court will need a Chief Justice and fourteenAssociate Justices.
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The Supreme Court shall be composed of a Chief Justice and fourteen Associate Justices.
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It may sit en banc(Together) or in its discretion, in divisions of three, five, or seven Members. Any vacancy shall be filled within ninety days from the occurrence thereof.
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The Supreme Court en banc will test the laws
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The division needs at least three members if not -- it will be decided en banc.
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In the supreme court -- cases are ambassadors, ministers, and consuls.
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The Supreme Court powers are original if there is a case of cetiorari, prohibition, mandamus, quo warranto, and habeas corpus.
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The Court can check with the laws like international, executive, presidental laws.
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The courts' power is with taxing, imposterous, and tolly situations.
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The Court is in issue! for those cases!
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Criminal Cases means reclusion(imprisonment) or higher.
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Assigned to judges of lower courts
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The laws need to be clear in every court case.
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The Court should not deny the base for something.
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The Supreme Court takes 24 months to solve court case issues
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Every year -- the Supreme Court has 30 days in the opening
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The Judiciary needs approval on their cases.
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All three commissions should be independent!
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They can't hold business unless there is special situations.
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Salaries won't be cut during the time as chairman
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The commissions can apply laws according to laws.
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Fiscal Anumity
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Majority Vote by court
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There is a process with Civil Service.
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There are 2 commissioners with the chairman -- who are in law enforcement.
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Appointed by the President
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7 years no reappointment.
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The service includes all brunches
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Merit only
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Unless for law reasons -- employee needs to leave The government employees does not engage in political campaigns.
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This is an office created to protect citizens.
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College Degree
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No position
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Have been in practice 10 years
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Same Appointment of Members
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Same Appointment of Tenure
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Enforce All Laws Jurisdiction over qualifications Vote count is the determining factor overall.
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Armed Forces will guarantee safe vote Accredits organization If organizations refuse the Consitution
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Has power over finance based on revenue,
Article X: Local Government
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Territorial Subdivision
- provinces, cities, municipalities, and barangays; Autonomous regions in Muslim.
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Territorial and Political sub
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Government Code
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The President does not have power over Local Government
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There needs to support to local Gov for function
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Taxes need to follow Congress
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The Share needs to be equal to the taxes for the people
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Office is three years and does exceed to three terms!
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Bodies are established to be sectoral representation.
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No region will be touched UNLESS majority votes approves.
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Congress may create subdivisions.
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President gives regional head.
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Autonomously in Mindanao and the Cordilleras
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Distinct Economic Structure
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Must follows all orders set
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Congress can create orgs
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The President does not have too much power.
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Regional government.
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Within the state.
Article XI: Accountability of Public Officers
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Public Office
- Be Accountable
- Integrity
- Patriotism The Impeachment
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President
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VP
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Supreme Court
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Congress is exclusive case of The House Complaint 3 session and needs to take over 60 days and 10 days for the court room
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One Third
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The senataes votes are public.
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Judgement can extend further
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Congress has rule to inpeach
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The Court can continue to provide law power
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The Ombudsmen Deputy natural born!
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40 The judicial and bar of council from three
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The President
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The council needs to have power of constisitional Protect everyne Investigate -- if there is a complant the company should have. To direct complant!!
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Any government with chart
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Take action against public and removal Reported by commission if irregularities
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Loan will not be guantred by the VP and the President.
Article XII: National Economy
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Oppotunites for all --- Sustain Growth. Promote industrilization --- Foreign can't compete --- ALL sector.
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State Will give all.
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The state owns all such as:
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Lands
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Energy
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Fish The states can do the following for such actions:
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- Venture -Coproduction with 60% capital
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25 years to renew in the long run the right to increase use water. . congress may--- allow use for water to increase use water
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protect all bodies of water to use philippino citizen only!! Small Scales ---- with COORPERATIVE FISH FARMS President may allow the to with FOREIGN companies to EXPLORE
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30 day notice of contract to Congress! Classes of LANDS
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Forest or Timber.
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Mineral
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National PARK. To uses agrilcutal uses
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The limitations on holding LAND Private 25 years--- renew---- 1000 per hectare citizens may--500 to less, OR 12 or less
State subject ---- provisions protect ancestral land
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--custom laws for properties.
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Function of Economy is in Social All rights belong to All. Individual rights to established
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-To give justice and economy that people deserve-- SAVE HEREDITARY private does transfer
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CITZIENSHIP is important!!!
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Congress has planning agency consult with everyone, integrate policies. NEDA - PLANNING AGENCYY!
When interested 60% need citizen
no--- certificate at least -60 precdent owns Not for all. The amount is limited and subject to change
Shall labor and help material
Article XIII: Justice and Human Rights
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All Measures will be given priority to dignity or equality--- cultural --wealth. The end of this--- the disposal and aqccusation.
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The promotion of justice should create economuc--- Freedom! Protect all people!!!
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local
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-overseas both in all forms
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organized and unorganized.
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Full work!
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Guarantee to right strike
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humane condtion and equal
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wages
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The stare shall -- the principle
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voluantary setting including ----- conciliation.
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relations beetween worker! Share right!!.
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Natural Resouces
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---Agrarian program
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Farm workers and farmers have the right to collect land-- collectvily
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other will have share
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-- ALL LAND needs distribution.
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retention limits --- equal consideration. Will show respect!
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The agarian reform support techtolgy
To the agricuktore Apples to steardship!!!!
- -- prior HOMESTEAD!!!!!
Landless work will have estates which need to be mannage Local communities have ----- fishing!!! Technology can -- Protect and preserve Will extends to intrusion of fisherman.
Urban!
- Low income decent services!
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- employ
- -small property,
- No destruction with a cause
Health. Will provide--- support to healh --- available and efford Elderly and needs needs -- poor!
Drug system must support Research --- provide
Agency for diablked perosns to have self relaince
Safety
Organization
State Respect the ------ rights people
- Within--- denmocracy
Citizen can promote with strcutred leader
Equality in all form-- to no abridge!!
Human Rights
- Created and independence Comission created by HUMAN RIGHT!
Education
All needs access --- free schools and grade!
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complete adequet.
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free public
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scholarships for everyone.
Academic. Freedom
Proffesion---
- Teacher ---- is essential to provide such support. Language Philiipno--- can't change to arabick/ English . Spanish!
Congress will---
Science
Essential - for national progress.
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- tax reduction
- incentvise. Garant scholarships
technology and transfer to people for use!!
Protect all ART Freesom
Nation should the history to understnad -- Respect -- and protect
All people should have access to cultre SPORTS!
self discip
In coporation athlethic
The FAmly
- Soildiary family and relation.
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