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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.

  • RESIDENT MARINE MAMMALS OF PROTECTED SEASCAPE TANON STRAIT v. SECRETARY ANGELO REYES, GR No. 180771, 2015-04-21
    In Oposa, we allowed the suit to be brought in the name of generations yet... unborn "based on the concept of intergenerational responsibility insofar as the right to a balanced and healthful ecology is concerned."[56] Furthermore, we said that the right to a balanced and healthful ecology, a right that does not even need to be... stated in our Constitution as it is assumed to exist from the inception of humankind, carries with it the correlative duty to refrain from impairing the environment.[

Political law... our Constitution requires that the President himself be the signatory of service agreements with foreign-owned corporations involving the exploration, development, and utilization of our minerals, petroleum, and other mineral oils. This... power cannot be taken lightly.

A constitutional provision may be self-executing in one part and non-self-executing in another.

Unto this Court devolves the sole authority to interpret what the Constitution means, and all persons are bound to follow its interpretation.

Judicial decisions assume the same authority as a statute itself and, until authoritatively abandoned, necessarily become, to the extent that they are applicable, the criteria that must control the actuations, not only of those called upon to abide by them, but also... of those duty-bound to enforce obedience to them.

[W]hen a doctrine of this Court is overruled and a different view is adopted, the new doctrine should be applied prospectively, and should not apply to parties who had relied on the old doctrine and acted on the faith thereof.

But while our decisions form part of the law of the land, they are also subject to Article 4... of the Civil Code which provides that "laws shall have no retroactive effect unless the contrary is provided." This is expressed in the familiar legal maxim lex prospicit, non respicit, the law looks forward not backward. The rationale against retroactivity is easy to... perceive. The retroactive application of a law usually divests rights that have already become vested or impairs the obligations of contract and hence, is unconstitutional.

  • FRANCISCO I. CHAVEZ v. JUDICIAL AND BAR COUNCIL, GR No. 202242, 2012-07-17
    It is a well-settled... principle of constitutional construction that the language employed in the Constitution must be given their ordinary meaning except where technical terms are employed. As much as possible, the words of the Constitution should be understood in the sense they have in common use.

What it says according to the text of the provision to be construed compels acceptance and negates the power of the courts to alter it, based on the postulate that the framers and the people mean what they say.[33] Verba legis non est recedendum from... the words of a statute there should be no departure.

Constitutional Law

Political Law

  • BERNARDITA R. MACARIOLA v. ELIAS B. ASUNCION, Adm. Case No. 133-J, 1982-05-31
    Political Law has been defined as that branch of public law which deals with the organization and operation of the governmental/organs of the State and define the relations of the state with the inhabitants of its territory... political law embraces constitutional law, law of public corporations, administrative law including the law on public officers and elections.

Article 14 of the Code of Commerce partakes more of the nature of an... administrative law because it regulates the conduct of certain public officers and employees with respect to engaging in business; hence, political in essence.

those laws which are political in their nature and pertain to the prerogatives of the former government immediately cease upon the transfer of... sovereignty.

While municipal laws of the newly acquired territory not in conflict with the laws of the new sovereign continue in force without the express assent or affirmative act of the conqueror, the political laws do not.

However,... such political laws of the prior sovereignty as are not in conflict with the constitution or institutions of the new sovereign, may be continued in force if the conqueror shall so declare by affirmative act of the commander-in-chief during the war, or by Congress in time of... peace.

Construction/Interpretation of the Constitution

What it says according to the text of the provision to be construed compels acceptance and negates the power of the courts to alter it, based on the postulate that the framers and the people mean what they say.[33] Verba legis non est recedendum from... the words of a statute there should be no departure.

AMENDMENTS AND REVISIONS OF THE CONSTITUTION (ARTICLE XVII)

SELF-EXECUTING AND NON-SELF-EXECUTING PROVISIONS

  • MANILA PRINCE HOTEL v. GOVERNMENT SERVICE INSURANCE SYSTEM, GR No. 122156, 1997-02-03
    Hence, unless it is expressly provided that a legislative act is necessary to enforce a constitutional mandate, the presumption now is that all provisions of the constitution are... self-executing. If the constitutional provisions are treated as requiring legislation instead of self-executing, the legislature would have the power to ignore and practically nullify the mandate of the fundamental law.[14] This can be cataclysmic. That is... why the prevailing view is, as it has always been, that -... x x x x in case of doubt, the Constitution should be considered self-executing rather than non-self-executing x x x x Unless the contrary is clearly intended, the provisions of the Constitution should be considered self-executing, as a contrary rule would give the... legislature discretion to determine when, or whether, they shall be effective. These provisions would be subordinated to the will of the lawmaking body, which could make them entirely meaningless by simply refusing to pass the needed implementing statute.

A constitutional provision may be self-executing in one part and non-self-executing in another.

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)

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}

  • PHARMACEUTICAL v. HEALTH SECRETARY FRANCISCO T. DUQUE III, GR NO. 173034, 2007-10-09
    [G]enerally accepted principles of international law, by virtue of the incorporation clause of the Constitution, form part of the laws of the land even if they do not derive from treaty obligations. The classical formulation in international law sees those... customary rules accepted as binding result from the combination [of] two elements: the established, widespread, and consistent practice on the part of States; and a psychological element known as the opinion juris sive necessitates (opinion as to... law or necessity). Implicit in the latter element is a belief that the practice in question is rendered obligatory by the existence of a rule of law requiring it.

Generally accepted principles of international law" refers to norms of general or customary international law which are binding on all states,[17] i.e., renunciation of war as an instrument of national policy, the principle of sovereign... immunity,[18] a person's right to life, liberty and due process,[19] and pacta sunt servanda,[20] among others. The concept of "generally accepted principles of law" has also been depicted in this wise:

Some legal scholars and judges look upon certain "general principles of law" as a primary source of international law because they have the "character of jus rationale" and are "valid through all kinds of human societies." (Judge Tanaka in his dissenting... opinion in the 1966 South West Africa Case, 1966 I.C.J. 296). O'Connell holds that certain priniciples are part of international law because they are "basic to legal systems generally" and hence part of the jus gentium. These principles, he believes, are... established by a process of reasoning based on the common identity of all legal systems. If there should be doubt or disagreement, one must look to state practice and determine whether the municipal law principle provides a just and acceptable solution

But while extradition is not a criminal proceeding, it is characterized by the following: (a) it entails a deprivation of liberty on the part of the potential extraditee and (b) the means employed to attain the purpose of extradition is also "the machinery of criminal... law

To refuse him bail is to treat him as a person who has committed the most serious crime known to law;" and that while deportation is not a criminal proceeding, some of the machinery used "is the machinery of criminal law.

If bail can be granted in deportation cases, we see no justification why it should not also be allowed in extradition cases

If bail can be granted in deportation cases, we see no justification why it should not also be allowed in extradition cases. Likewise, considering that the Universal Declaration of Human Rights applies to deportation cases, there is no reason why it cannot be invoked in... extradition cases. After all, both are administrative proceedings where the innocence or guilt of the person detained is not in issue.

Likewise, considering that the Universal Declaration of Human Rights applies to deportation cases, there is no reason why it cannot be invoked in... extradition cases. After all, both are administrative proceedings where the innocence or guilt of the person detained is not in issue.

Clearly, the right of a prospective extraditee to apply for bail in this jurisdiction must be viewed in the light of the various treaty obligations of the Philippines concerning respect for the promotion and protection of human rights. Under these treaties, the presumption lies... in favor of human liberty. Thus, the Philippines should see to it that the right to liberty of every individual is not impaired.

The applicable standard of due process, however, should not be the same as that in criminal proceedings. In the latter, the standard of due process is premised on the presumption of innocence of the accused. As Purganan correctly points out, it is from this major... premise that the ancillary presumption in favor of admitting to bail arises. Bearing in mind the purpose of extradition proceedings, the premise behind the issuance of the arrest warrant and the "temporary detention" is the possibility of flight of the potential extraditee. This... is based on the assumption that such extraditee is a fugitive from justice

The applicable standard of due process, however, should not be the same as that in criminal proceedings. In the latter, the standard of due process is premised on the presumption of innocence of the accused. As Purganan correctly points out, it is from this major... premise that the ancillary presumption in favor of admitting to bail arises. Bearing in mind the purpose of extradition proceedings, the premise behind the issuance of the arrest warrant and the "temporary detention" is the possibility of flight of the potential extraditee. This... is based on the assumption that such extraditee is a fugitive from justice.

The time-honored principle of pacta sunt servanda... demands that the Philippines honor its obligations under the Extradition Treaty it entered into with the Hong Kong Special Administrative Region. Failure to comply with these obligations is a setback in our foreign... relations and defeats the purpose of extradition.

An extradition proceeding being sui generis, the standard of proof required in granting or denying bail can neither be the proof beyond reasonable doubt in criminal cases nor the standard of proof of preponderance of evidence in civil cases. While administrative in... character, the standard of substantial evidence used in administrative cases cannot likewise apply given the object of extradition law which is to prevent the prospective extraditee from fleeing our jurisdiction

The potential extraditee must prove by "clear and convincing evidence" that he is not a flight risk and will abide with all the orders and processes of the extradition court

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.

But while extradition is not a criminal proceeding, it is characterized by the following: (a) it entails a deprivation of liberty on the part of the potential extraditee and (b) the means employed to attain the purpose of extradition is also "the machinery of criminal... law

To refuse him bail is to treat him as a person who has committed the most serious crime known to law;" and that while deportation is not a criminal proceeding, some of the machinery used "is the machinery of criminal law.

If bail can be granted in deportation cases, we see no justification why it should not also be allowed in extradition cases

If bail can be granted in deportation cases, we see no justification why it should not also be allowed in extradition cases. Likewise, considering that the Universal Declaration of Human Rights applies to deportation cases, there is no reason why it cannot be invoked in... extradition cases. After all, both are administrative proceedings where the innocence or guilt of the person detained is not in issue.

Likewise, considering that the Universal Declaration of Human Rights applies to deportation cases, there is no reason why it cannot be invoked in... extradition cases. After all, both are administrative proceedings where the innocence or guilt of the person detained is not in issue.

Clearly, the right of a prospective extraditee to apply for bail in this jurisdiction must be viewed in the light of the various treaty obligations of the Philippines concerning respect for the promotion and protection of human rights. Under these treaties, the presumption lies... in favor of human liberty. Thus, the Philippines should see to it that the right to liberty of every individual is not impaired.

The applicable standard of due process, however, should not be the same as that in criminal proceedings. In the latter, the standard of due process is premised on the presumption of innocence of the accused. As Purganan correctly points out, it is from this major... premise that the ancillary presumption in favor of admitting to bail arises. Bearing in mind the purpose of extradition proceedings, the premise behind the issuance of the arrest warrant and the "temporary detention" is the possibility of flight of the potential extraditee. This... is based on the assumption that such extraditee is a fugitive from justice

The applicable standard of due process, however, should not be the same as that in criminal proceedings. In the latter, the standard of due process is premised on the presumption of innocence of the accused. As Purganan correctly points out, it is from this major... premise that the ancillary presumption in favor of admitting to bail arises. Bearing in mind the purpose of extradition proceedings, the premise behind the issuance of the arrest warrant and the "temporary detention" is the possibility of flight of the potential extraditee. This... is based on the assumption that such extraditee is a fugitive from justice.

The time-honored principle of pacta sunt servanda... demands that the Philippines honor its obligations under the Extradition Treaty it entered into with the Hong Kong Special Administrative Region. Failure to comply with these obligations is a setback in our foreign... relations and defeats the purpose of extradition.

An extradition proceeding being sui generis, the standard of proof required in granting or denying bail can neither be the proof beyond reasonable doubt in criminal cases nor the standard of proof of preponderance of evidence in civil cases. While administrative in... character, the standard of substantial evidence used in administrative cases cannot likewise apply given the object of extradition law which is to prevent the prospective extraditee from fleeing our jurisdiction

The potential extraditee must prove by "clear and convincing evidence" that he is not a flight risk and will abide with all the orders and processes of the extradition court

definitive guidelines

(1) The burden of proof to show the nullity of the marriage belongs to the plaintiff. Any doubt should be.resolved in favor of the existence and continuation of the marriage and against its dissolution and nullity.(2) The root cause of the psychological incapacity must be: (a) medically or clinically identified, (b) alleged in the complaint, (c) sufficiently proven by experts and (d) clearly explained in the decision.(3) The incapacity must be proven to be existing at 'the time of the celebration' of the marriage,(4) Such incapacity must also be shown to be medically or clinically permanent or incurable.(5) Such illness must be grave enough to bring about the disability of the party to assume the essential obligations of marriage.(6) The essential marital obligations must be those embraced by Articles 68 up to 71 of the Family Code as regards the husband and wife as well as Articles 220, 221 and 225 of the same Code in regard to parents and their children.(7) Interpretations given by the National Appellate Matrimonial Tribunal of the Catholic Church in the Philippines, while not controlling or decisive, should be given great respect by our courts.(8) The trial court must order the prosecuting attorney or fiscal and the Solicitor General to appear as counsel for the state. No decision shall be handed down unless the Solicitor General issues a certification, which will be quoted in the decision, briefly stating therein his reasons for his agreement or opposition, as the case may be, to the petition.

The Guidelines incorporate the basic requirements established in Santos v. Court of Appeals that psychological incapacity must be characterized by: (a) gravity; (b) juridical antecedence; and (c) incurability. These requisites must be strictly complied with, as the grant of a petition for nullity of marriage based on psychological incapacity must be confined only to the most serious cases of personality disorders clearly demonstrative of an utter insensitivity or inability to give meaning and significance to the marriage.

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

Considering that the absence of the marriage license is apparent on the marriage contract itself, with a false statement therein that the marriage is of an exceptional character, and no proof to the contrary was presented, there is no other plausible conclusion other than that the marriage between Luis and Severina was celebrated without a valid marriage license and is thus, void ab initio.

a marriage solemnized without a marriage license based on a fabricated claim of exceptional character, is void. In lieu of a marriage license, therein parties to the marriage executed a false affidavit of marital cohabitation. In declaring the marriage void, the Court rejected the notion that all the formal and essential requisites of marriage were complied with. The Court held that to permit a false affidavit to take the place of a marriage license is to allow an abject circumvention of the law.

The Court cannot turn a blind eye to the statements made in the marriage contract because these refer to the absence of a formal requisite of marriage. "The parties should not be afforded any excuse to not comply with every single requirement and later use the same missing element as a pre-conceived escape ground to nullify their marriage. There should be no exemption from securing a marriage license unless the circumstances clearly fall within the ambit of the exception."[82]

"The requirement and issuance of marriage license is the State's demonstration of its involvement and participation in every marriage, in the maintenance of which the general public is interested. This interest proceeds from the constitutional mandate that the State recognizes the sanctity of family life and of affording protection to the family as a basic 'autonomous social institution

With the judgment being final, it necessarily follows that it is no longer subject to an appeal, the dispositions and conclusions therein having become immutable and unalterable not only as against the parties but even as against the courts.[8]

Modification... of the court's ruling, no matter how erroneous is no longer permissible. The final and executory nature of this summary proceeding thus prohibits the resort to appeal.

A losing party in this proceeding, however, is not entirely left without a remedy. While jurisprudence tells us that no appeal can be made from the trial court's judgment, an aggrieved party may, nevertheless, file a petition for certiorari under Rule 65 of the Rules of

Court to question any abuse of discretion amounting to lack or excess of jurisdiction that transpired.

The Essential Requisites for the Declaration of Presumptive Death Under Article 41 of the Family Code

Before a judicial declaration of presumptive death can be obtained, it must be shown that the prior spouse had been absent for four consecutive years and the present spouse had a well-founded belief that the prior spouse was already dead. Under Article 41 of the Family Code,... there are four (4) essential requisites for the declaration of presumptive death:

That the absent spouse has been missing for four consecutive years, or two consecutive years if the disappearance occurred where there is danger of death under the circumstances laid down in Article 391, Civil Code;

That the present spouse wishes to remarry;

That the present spouse has a well-founded belief that the absentee is dead; and

That the present spouse files a summary proceeding for the declaration of presumptive death of the absentee.[12]

The Present Spouse Has the Burden of Proof to Show that All the Requisites Under Article 41 of the Family Code Are Present

The burden of proof rests on the present spouse to show that all the requisites under Article 41 of the Family Code are present. Since it is the present spouse who, for purposes of declaration of presumptive death, substantially asserts the affirmative of the issue, it stands to... reason that the burden of proof lies with him/her. He who alleges a fact has the burden of proving it and mere allegation is not evidence.

Declaration of Presumptive Death Under Article 41 of the Family Code Imposes a Stricter Standard

Notably, Article 41 of the Family Code, compared to the old provision of the Civil Code which it superseded, imposes a stricter standard. It requires a "well-founded belief" that the absentee is already dead before a petition for declaration of presumptive... death can be granted. We have had occasion to make the same observation in Republic v. Nolasco,[14]... where we noted the crucial differences between Article 41 of the Family Code and Article 83 of the Civil Code, to wit:

Under Article 41, the time required for the presumption to arise has been shortened to four (4) years; however, there is need for a judicial declaration of presumptive death to enable the spouse present to remarry. Also, Article 41 of the Family Code imposes a... stricter standard than the Civil Code: Article 83 of the Civil Code merely requires either that there be no news that such absentee is still alive; or the absentee is generally considered to be dead and believed to be so by the spouse present, or is... presumed dead under Articles 390 and 391 of the Civil Code. The Family Code, upon the other hand, prescribes as "well founded belief" that the absentee is already dead before a petition for declaration of presumptive death can be... granted.

Thus, mere absence of the spouse (even for such period required by the law), lack of any news that such absentee is still alive, failure to communicate or general presumption of absence under the Civil Code would not suffice. This conclusion proceeds from the premise that

Article 41 of the Family Code places upon the present spouse the burden of proving the additional and more stringent requirement of "well-founded belief" which can only be discharged upon a showing of proper and honest-to-goodness inquiries and efforts to ascertain not... only the absent spouse's whereabouts but, more importantly, that the absent spouse is still alive or is already dead.

The Requirement of Well-Founded Belief

The law did not define what is meant by "well-founded belief." It depends upon the circumstances of each particular case. Its determination, so to speak, remains on a case-to-case basis. To be able to comply with this requirement, the present spouse must prove that his/her... belief was the result of diligent and reasonable efforts and inquiries to locate the absent spouse and that based on these efforts and inquiries, he/she believes that under the circumstances, the absent spouse is already dead. It requires exertion of active effort (not... a mere passive one).

To illustrate this degree of "diligent and reasonable search" required by the law, an analysis of the following relevant cases is warranted:

  • MARIETTA B. ANCHETA v. RODOLFO S. ANCHETA, GR No. 145370, 2004-03-04

  • MANUEL G. ALMELOR v. RTC OF LAS PI AS CITY, GR No. 179620, 2008-08-26

  • MARIA JEANETTE C. TECSON v. COMELEC, GR No. 161434, 2004-03-03

  • ENGRACE NI AL FOR HERSELF v. NORMA BAYADOG, GR No. 133778, 2000-03-14
    the five-year common-law cohabitation period, which is counted back from the date of celebration of marriage, should be a period of legal union had it not been for the absence of the marriage. This 5-year period should... be the years immediately before the day of the marriage and it should be a period of cohabitation characterized by exclusivity - meaning no third party was involved at any time within the 5 years and continuity - that is unbroken. Otherwise, if that continuous 5-year... cohabitation is computed without any distinction as to whether the parties were capacitated to marry each other during the entire five years, then the law would be sanctioning immorality and encouraging parties to have common law relationships and placing them on the same... footing with those who lived faithfully with their spouse. Marriage being a special relationship must be respected as such and its requirements must be strictly observed. The presumption that a man and a woman deporting themselves as husband and wife is based on the... approximation of the requirements of the law. The parties should not be afforded any excuse to not comply with every single requirement and later use the same missing element as a pre-conceived escape ground to nullify their marriage. There should be no exemption from securing a... marriage license unless the circumstances clearly fall within the ambit of the exception. It should be noted that a license is required in order to notify the public that two persons are about to be united in matrimony and that anyone who is aware or has knowledge of any... impediment to the union of the two shall make it known to the local civil registrar.

However, other than for purposes of remarriage, no judicial action is necessary to declare a marriage an absolute nullity. For other purposes, such as but not limited to determination of heirship, legitimacy or illegitimacy of a child, settlement of estate, dissolution of... property regime, or a criminal case for that matter, the court may pass upon the validity of marriage even in a suit not directly instituted to question the same so long as it is essential to the determination of the case. This is without prejudice to any issue that may arise in... the case. When such need arises, a final judgment of declaration of nullity is necessary even if the purpose is other than to remarry. The clause "on the basis of a final judgment declaring such previous marriage void" in Article 40 of the Family Code connotes that such final... judgment need not be obtained only for purpose of remarriage.

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

death has been defined as the cessation of life.[24]

Life is not synonymous with civil personality. One need not acquire civil personality first before he/she could die. Even a child inside the womb already has life. No less than... the Constitution recognizes the life of the unborn from conception,[25]... that the State must protect equally with the life of the mother. If the unborn already has life, then the cessation thereof even prior to the child being delivered, qualifies as... death.

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.

Political law... our Constitution requires that the President himself be the signatory of service agreements with foreign-owned corporations involving the exploration, development, and utilization of our minerals, petroleum, and other mineral oils. This... power cannot be taken lightly.

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.

  • CONCHITA CARPIO MORALES v. CA, GR Nos. 217126-27, 2015-11-10
    this Court's abandonment of the condonation doctrine should be prospective in application for the reason that judicial decisions applying or interpreting the laws or the Constitution, until reversed, shall form part of the legal... system of the Philippines.

Unto this Court devolves the sole authority to interpret what the Constitution means, and all persons are bound to follow its interpretation.

Judicial decisions assume the same authority as a statute itself and, until authoritatively abandoned, necessarily become, to the extent that they are applicable, the criteria that must control the actuations, not only of those called upon to abide by them, but also... of those duty-bound to enforce obedience to them.

[W]hen a doctrine of this Court is overruled and a different view is adopted, the new doctrine should be applied prospectively, and should not apply to parties who had relied on the old doctrine and acted on the faith thereof.

But while our decisions form part of the law of the land, they are also subject to Article 4... of the Civil Code which provides that "laws shall have no retroactive effect unless the contrary is provided." This is expressed in the familiar legal maxim lex prospicit, non respicit, the law looks forward not backward. The rationale against retroactivity is easy to... perceive. The retroactive application of a law usually divests rights that have already become vested or impairs the obligations of contract and hence, is unconstitutional.

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.

But its use must be subjected to great scrutiny and circumspection, and it cannot be invoked to validate an... unconstitutional law or executive act, but is resorted to only as a matter of equity and fair play.

It applies only to cases where extraordinary circumstances exist, and only when the extraordinary circumstances have met the stringent conditions that... will permit its application.

To be clear, the doctrine of operative fact extends to a void or unconstitutional executive act. The term executive act is broad enough to include any and all acts of the Executive, including those that are quasi-legislative and quasi-judicial in nature.

Contrarily, the term 'executive act' is broad enough to encompass decisions of administrative bodies and agencies under the executive department which are subsequently revoked by the agency in question or nullified by the Court.

(ii) Presidential Veto And Congressional Override

2. Non-legislative

A) Informing Function

B) Power Of Impeachment

C) Other Non-Legislative Powers