Socsci 4 Quarter 2 Reviewer PDF

Socsci 4 Quarter 2 reviewer May be vetoed by president, but veto overturned if 2/3rds of both houses vote (essential only) Shall t...

Socsci 4 Quarter 2 reviewer May be vetoed by president, but veto overturned if 2/3rds of both houses vote (essential only) Shall take effect 15 days after publication in LG 4.1 the Official Gazette Philippine Congress How a bill becomes a law Bicameral legislature Three readings on separate days Upper House – Senate (24 members) Printed copies three days before passage Lower House – House of Representatives (250 (except when the president certifies in public members) calamity/emergency) Elected at large LG 4.4 Powers of the Congress Doctrine of separation of powers – aims to avoid a 1. Power of appropriation – spending power concentration of authority in one or more persons 2. Power to declare existence of war – vote of Principle of checks and balances – makes the doctrine 2/3rds of both houses, only defensive war is of separation of powers functional allowed to be declared 3. Power to remove impeachable officials Checks and balances: 4. Other powers: Presidential veto – executive on legislative a. Power of taxation Turn down giving consensus to an amnesty – b. Power of legislative investigation legislative on executive c. Question hour Presidential pardon – executive on judicial d. Power to act as board of canvassers in Declaring acts as invalid/unconstitutional – pres. elections judicial on executive/legislative e. Power to call special elections for pres. and vice pres. Judiciary guarantees that the separation of powers is f. Power to judge president’s physical being followed condition PDAF SCAM ISSUE g. Power to concur in presidential amnesties PDAF (or “pork barrel system”) – Philippine h. Power to concur in treaties and Disbursement Acceleration Funds international agreements Allowed lawmakers to assume duties in the i. Power to confirm presidential sphere of budget allocation (deemed appointments unconstitutional) j. Power relative to natural resources k. Power to propose amendments DAP ISSUE DAP – Disbursement Acceleration Program Unwarranted legislative encroachment into executive functions LG 5.1 LG 4.3 Bills Laws in the making  Departments: Department of Agrarian Reform (DAR) Department of Agriculture (DA) Department of Budget and Management (DBM) Department of Education (DepEd) Department of Energy (DOE) Department of Environment and Natural Resources (DENR) Department of Finance (DOF) Department of Foreign Affairs (DFA) Department of Health (DOH) Department of Human Settlements and Urban Development (DHSUD) Department of Information and Communications Technology (DICT) Department of Interior and Local Government LG 5.3 (DILG) President holds supreme military authority and is the Department of Justice (DOJ) commander-in-chief Department of Labor and Employment (DOLE) Department of National Defense (DND) Military may be called out in times of lawless violence, Department of Public Works and Highways invasion, or rebellion (DPWH) Writ of habeas corpus may be suspended for a period Department of Science and Technology not exceeding 60 days or any/all areas in the (DOST) Philippines may be placed under martial law Department of Social Welfare and Development (DSWD) The president must submit a report to congress 48 Department of Tourism (DOT) hours after the declaration of martial law or the Department of Trade and Industry (DTI) suspension of the writ of habeas corpus Department of Transportation (DOTr) Most of the congress can vote to revoke LG 6.1 Martial law does not suspend the provisions of the constitution Suspension of the privilege of the writ of habeas corpus only applies to people charged for rebellion or invasion During the suspension of the writ of habeas corpus, anyone arrested or detained shall be judicially charged within 3 days LG 5.4 Power of control - power of the president to control all executive departments Bureaucracy – hierarchy of executive departments Supreme Court have custody of a prisoner to appear in court with the prisoner to help the judge determine whether the 1 Chief Justice and 14 Associate Justices prisoner is lawfully in prison or in jail Division of 3, 5, or 7 members Any vacancy to be filled within 90 days Amparo - it is a remedy available to any person whose Appointments made through list prepared by right to life, liberty and security is violated or Judicial and Bar Council composed of Chief threatened with violation by an unlawful act or Justice, Sec. of Justice and representative omission of a public official or employee, or of a of congress, representative of Integrated private individual or entity. The writ shall cover Bar, a professor of law, a retired member of extralegal killings and enforced disappearances or Supreme Court and a representative of the threats thereof private sector Habeas Data - it is a remedy available to any person Powers and jurisdictions: whose right to privacy in life, liberty or security is violated or threatened by an unlawful act or omission 1. Original jurisdiction – jurisdiction of the of a public official or employee, or of a private court to hear and decide cases, directly filed individual or entity engaged in the gathering, to the SC without passing through the lower collecting or storing of data or information regarding courts the person, family, home and correspondence of the 2. Appellate jurisdiction – SC reviews, revises, aggrieved party modifies, or affirms final judgments from lower courts Writ of Kalikasan - this is a remedy available to 3. Administrative supervision power – SC anyone involving the enforcement or violations of oversees all lower courts environmental and related and existing laws, rules and 4. Rule-making power – SC promulgates rules regulations that relate to the conservation, concerning constitutional and statutory rights development, preservation, protection and utilization of the environment and natural resources Certiorari - it is a writ issued by a superior court requiring a lower court or a board, or officer LG 6.3 exercising judicial functions to transmit the records Rights of the accused: of a case to the superior court for purposes of review 1. The right to free access to the courts and adequate legal assistance Prohibition - it is a writ by which a superior court 2. The right to be informed of their right to commands a lower court or a corporation, board or remain silent and to have competent and person acting without or in excess of its or his independent counsel jurisdiction, or with grave abuse of discretion, to 3. The right against being subjected to torture, desist from further proceedings in an action or force, violence, threat, intimidation, or any matter other means that impair free will Mandamus - it is an order issued by a superior court 4. The right against being detained in secret or commanding a lower court or a corporation, board or any other forms of solitary confinement person to perform a certain act which it is its or his 5. The right to bail and the right against too duty to do much bail 6. The right to due process of law Quo Warranto - it is an action by the government to 7. The right to presumption of innocence recover an office or franchise from man individual or 8. The right to be heard by himself and counsel corporation usurping or unlawfully holding it 9. The right to be informed of the nature and Habeas Corpus - Latin for “you have the body.” It is a cause of the accusation against him writ which directs the law enforcement officials who  10. The right to have a speedy, impartial, and LG 8.1 public trial Local Government Units (LGUs) – political subdivision 11. The right to meet witnesses face to face of a nation 12. The right to have compulsory process to secure the attendance of witnesses and the Philippines > major island groups > regions > provinces production of evidence in his behalf > municipalities and cities > barangays 13. The right against self-incrimination RA 7160 by Sen. Aquilino “Nene” Pimentel – 14. The right against detention by reason of established LGUs in 1990 political beliefs and aspirations 15. The right against excessive fines LGUs are under the executive branch 16. The right against cruel, degrading or inhuman punishment 17. The right against infliction of the death penalty except for heinous crimes 18. The right against double jeopardy LG 7.1 Civil Service Commission (CSC) Oversees those in public service 1 chairperson (7 years), 2 commissioners (5 and 3 years) Natural-born Filipinos, at least 35 yrs old, proven capacity for public administration, and not a candidate for any elective position Commission on Elections (COMELEC) Enforces laws on elections 1 chairperson (7 years), 3 commissioners (7 years), 2 commissioners (5 years), 3 commissioners (3 years) Natural-born Filipinos, at least 35 yrs old, at least holders of a college degree, and not a candidate for any elective position Majority should be members of Philippine Bar with 10+ years of law practice Commission on Audit (COA) Oversees government spending and income 1 chairperson (7 years), 2 commissioners (5 and 3 years) Natural-born Filipinos, at least 35 yrs old, certified public accountants with at least 10+ years’ experience or member of Philippine Bar with 10+ law practice, and not a candidate for any elective position