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by Tristan

Political Law 1

CONSTITUTION: DEFINITION, NATURE AND CONCEPTS

Constitution

The Constitution is the fundamental and paramount law of the nation to which all other laws must conform and in accordance with which all private rights determined and all public authority administered. Laws that do not conform to the Constitution should be stricken down for being unconstitutional.

Constitutional Law

Political Law

Construction/Interpretation of the Constitution

AMENDMENTS AND REVISIONS OF THE CONSTITUTION (ARTICLE XVII)

SELF-EXECUTING AND NON-SELF-EXECUTING PROVISIONS

GENERAL PROVISIONS (ARTICLE XVI)

The Armed Forces of the Philippines shall be composed of a citizen armed force...

The armed forces shall be insulated from partisan politics. No member of the military shall engage directly or indirectly in any partisan political activity, except to vote.

The State shall provide immediate and adequate care, benefits, and other forms of assistance to war veterans and veterans of military campaigns, their surviving spouses and orphans...

The State shall, from time to time, review to increase the pensions and other benefits due to retirees of both the government and the private sectors.

The State shall provide the policy environment for the full development of Filipino capability and the emergence of communication structures...

The advertising industry is impressed with public interest, and shall be regulated by law for the protection of consumers and the promotion of the general welfare.

NATIONAL TERRITORY

The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial, and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines .

STATE IMMUNITY (Doctrine of Royal Prerogative of Dishonesty}

II. GENERAL CONSIDERATIONS

GENERAL PRINCIPLES AND STATE POLICIES (ARTICLE II)

Article II is a statement of general ideological principles and policies. It is not a source of enforceable rights. BASES CONVERSION v. COA, GR No. 178160, 2009-02-26) 

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The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them.

The Philippines adopts the generally accepted principles of international law as part of the law of the land. (Doctrine of incorporation}

Civilian authority is, at all times, supreme over the military. (Civilian supremacy clause}

The prime duty of the Government is to serve and protect the people.

The Government may call upon the people to defend the State and, in the fulfillment thereof, all citizens may be required, under conditions provided by law, to render personal military or civil service.

The separation of Church and State shall be inviolable.

The State shall promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living, and an improved quality of life for all.

The State shall promote social justice in all phases of national development.

The State values the dignity of every human person and guarantees full respect for human rights.

The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution.

It shall equally protect the life of the mother and the life of the unborn from conception.

The natural and primary right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shall receive the support of the Government.

The State recognizes the vital role of the youth in national building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs.

The State recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men.

The State shall protect and promote the right to health of the people and instill health consciousness among them.

The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.

The State shall give priority to education, science and technology, arts, culture, and sports to foster patriotism and nationalism, accelerate social progress, and promote total human liberation and development.

The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare.

The State shall develop a self-reliant and independent national economy effectively controlled by Filipinos.

The State recognizes the indispensable role of the private sector, encourages private enterprise, and provides incentives to needed investments.

The State recognizes the vital role of communication and information in nation-building.

The State shall ensure the autonomy of local governments.

The State shall guarantee equal access to opportunities for public service, and prohibit political dynasties as may be defined by law.

The State shall maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption.

The State adopts and implements a policy of full public disclosure of all its transactions involving public interest.

SEPARATION OF POWERS

CHECKS AND BALANCES

DELEGATION OF POWERS

FORMS OF GOVERNMENT

III. LEGISLATIVE DEPARTMENT

A. WHO MAY EXERCISE LEGISLATIVE POWER

1. Congress

The legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and a House of Representatives.

2. Regional/Local Legislative Power

3. People s Initiative On Statutes (Initiative And Referendum)

B. HOUSES OF CONGRESS

1. Senate

2. House of Representatives

Three-term limit rule

Voluntary renunciation of the office

A) District Representatives And Questions Of Apportionment

B) Party-List System (R.A. No. 7941}

C) LEGISLATIVE PRIVILEGES, INHIBITIONS AND DISQUALIFICATIONS

The salaries of Senators and Members of the House of Representatives shall be determined by law. No increase in said compensation shall take effect until after the expiration of the full term of all the Members of the Senate and the House of Representatives approving such increase.

A Senator or Member of the House of Representatives shall, in all offenses punishable by not more than six years imprisonment, be privileged from arrest while the Congress is in 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.

INCOMPATIBLE OFFICE - No Senator or Member of the House of Representatives may hold any other office or employment in the Government, or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries, during his term without forfeiting his seat.

He shall not intervene in any matter before any office of the Government for his pecuniary benefit or where he may be called upon to act on account of his office.

D. QUORUM AND VOTING MAJORITIES

E. DISCIPLINE OF MEMBERS

Each House may determine the rules of its proceedings, punish its Members for disorderly behavior, and, with the concurrence of two-thirds of all its Members, suspend or expel a Member. A penalty of suspension, when imposed, shall not exceed sixty days.

F. ELECTORAL TRIBUNALS AND THE COMMISSION ON APPOINTMENTS

Electoral Tribunals

Commission on Appointments

G. POWERS OF CONGRESS

1. Legislative

Legislative Power

Police Power

Power of Taxation

Contempt Power

A) Legislative Inquiries And The Oversight Functions

B) Bicameral Conference Committee

C) Limitations On Legislative Power

Every bill passed by the Congress shall embrace only one subject which shall be expressed in the title thereof.

No bill passed by either House shall become a law unless it has passed three readings on separate days, and printed copies thereof in its final form have been distributed to its Members three days before its passage, except when the President certifies to the necessity of its immediate enactment to meet a public calamity or emergency.

Upon the last reading of a bill, no amendment thereto shall be allowed, and the vote thereon shall be taken immediately thereafter, and the yeas and nays entered in the Journal.

The rule of taxation shall be uniform and equitable.

Congress shall evolve a progressive system of taxation.

Lands, buildings, and improvements, actually, directly, and exclusively used for religious, charitable, or educational purposes shall be exempt from taxation.

No law granting any tax exemption shall be passed without the concurrence of a majority of all the Members of the Congress.

No money shall be paid out of the Treasury except in pursuance of an appropriation made by law.

(i) Limitations On Revenue, Appropriations And Tariff Measures

All appropriation, revenue or tariff bills, bills authorizing increase of public debt, bills of local application, and private bills shall originate exclusively in the House of Representatives, but the Senate may propose or concur with amendments.

The Congress may not increase the appropriations recommended by the President for the operation of the Government as specified in the budget. The form, content, and manner of preparation of the budget shall be prescribed by law.

No provision or enactment shall be embraced in the general appropriations bill 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.

No law shall be passed authorizing any transfer of appropriations; however, the President, the President of the Senate, the Speaker of the House of Representatives, the Chief Justice of the Supreme Court, and the heads of Constitutional Commissions may, by law, be authorized to augment any item in the general appropriations law for their respective offices from savings in other items of their respective appropriations.

(ii) Presidential Veto And Congressional Override

2. Non-legislative

A) Informing Function

B) Power Of Impeachment

C) Other Non-Legislative Powers