Summary of Philippine Constitution : Article 7

Article VII: Executive Department


Executive Power- power to administer the laws.

Qualification of the President
1.       Natural Born Citizen of the Philippines
2.       A registered voter
3.       Able to read and write
4.       At least 40 years of age.
5.       Resident of the Philippines for at least 10 years


Power of the President
1.       Veto Power- reject or disapprove any bill passed by the congress
2.       Appointing power- to appoint its cabinet members and other officials of the military and civil service. This certain appointment is subject to the confirmation of the Congress’ Commission on Appointment
3.       Reprieve- postponed the date of execution of a convict from a definite date to other definite time.
4.       Suspension of Sentence- postponement of a sentence without a given definite time when will be the sentence be executed.
5.       Commutation- to lower a certain punishment given to a convict to a lower crime.
6.       Pardoning- to forgive and release the convict from imprisonment
7.       Amnesty- act of forgetfulness by the president to a person who committed an offense undermining the sovereignty of the state
8.       Commander-in-Chief of the Armed Forces of the Philippines
9.       Declare Martial Law- to be confirmed by the congress
10.   Suspend the Privilege of the writ of habeas corpus


Restrictions to Declare a Martial or suspend Habeas Corpus
1.       There must be an actual invasion or rebellion on a certain area (province, city, etc…)
2.       The period must not exceed 60 days unless extended by the congress
3.       President must submit a report in person or in writing to the congress within 48hours of proclamation or suspension which will guide the congress in deciding the action it should take, i.e., revocation or extension;
4.       Proclamation or suspension may be made by the Congress by voting.
5.       The Supreme Court may inquire into the sufficiency of the factual basis of the proclamation or suspension of a Martial Law or Habeas corpus.

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Summary of R.A. No. 6713

Republic Act No. 6713 : Code of Conduct and Ethical Standards for Public Officials and Employees
Policy of the State – promote a high standard ethics in public service.
Terms:

1. Government – refers to the National and local governments. Branches of the Republic of the Philippines including companies and subsidiaries controlled by the government.
2. Public Officials – includes appointed, elective, permanent or temporary officials or employee who receive monthly compensation regardless of amount.
3. Receiving Gift – accepting gift in anticipation of a favor in exchange
4. Divestment – transfer of title or disposal of interest in property by voluntarily
5. Public Officials and Employee – shall be accountable to the people at all the time. Must do their duties with utmost responsibility, integrity, competence, and loyalty. Should act with patriotism and justice, lead modest lives and uphold public interest over personal interest.

Norms of Conduct of Public Officials and Employee

1. Commitment to public interest – “public interest first”
2. Professionalism – doing work with highest degree of excellence
3. Justness and sincerity – being true to the people at all the time.
4. Political neutrality – doing job with fairness to everyone
5. Responsiveness to the public – being open to the public by providing them information that they what and enabling the public to participate in decision making by public hearings and consultation
6. Nationalism and patriotism – being loyal to the Republic of the Philippines. Promoting Philippines in all aspect.
7. Commitment to democracy
8. Simple living – mode of living most be proportional to the income and position of a public official and employees.

Duties of Public Officials and employee

1. Act promptly on letters and request – within 15 working days from receiving a response to a letter must be done
2. Submit annual performance reports – 45 working days after new year, every government office / companies must submit their performance report
3. Process documents and papers expeditiously
4. Act immediately on the public’s personal transactions – public official and employees must attend to anyone who wants to avail his services
5. Make documents accessible to the public – all public documents must be made accessible to public.

Committee on Awards to Outstanding Public Officials and Employees

1. Composes by Ombudsman and Chairman of the Civil Service Commission as Co-Chairman and the chairman of Commission on audit and two government employee to be appointed by the President.
2. It is their task to identify those public officials and employee who have done good in service with the following criteria : years of service and the quality, consistency of performance, obscurity of position, level of salary, unique and exemplary of a certain achievement, and the risk and temptation inherit in the work.

Consequence when chosen as Outstanding Public Officials and Employees

1. Promotion to the next high rank
2. Increase of salary grade

Prohibited actions and transactions

1. Financial and material interest
2. Outside employment and other activities related thereto
3. Misuse of confidential information
4. Solicitation or acceptance of gift

Statement of Assets and Liabilities and Financial Disclosure – a form to be submitted by public official or employee stating their properties, assets, income, business of their wife/husband and their children under 18 years old. To be submitted within 20 days after assumption or office or on or before april 30 annually.

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Summary of Philippines Constitution : Article 11

Article XI: Accountability of the Public Officers

Public Office is the right, authority, and duty created and conferred by law by which a given period either fixed by law or enduring at the pleasure of the appointing power.

Nature of Public Office
1.    Public Trust- means Public Office Position should be of rendering service to the public.
2.    Public Office is not a Property- the holder of the office should not claim that he as the full right and he owns his position.
3.    Public Office is not a Contract- anyone being removed from the office should not blame the government for any damages he sue after being removed.


Impeachment –method of national inquest into the conduct of Public Men.

Officials to be removed by the Impeachment
1.    President and Vice-President
2.    Member of the Supreme Court
3.    Members of the Constitutional Commission
4.    Ombudsman


Grounds for Impeachment
1.    Culpable Violation of the Constitution- willing to violate the constitution.
2.    Treason- giving alliances other than the Republic of the Philippines.
3.    Bribery- accepting gift which has a certain exchange.
4.    Betrayal of the Public Trust- loss of the trust of the public
5.    Other High Crimes

Steps on an Impeachment Trial
1.    Filling of an Impeachment complain from the House of Representatives.
2.    A required vote f 1/3 of the Member of House.
3.    Impeachment Trial in the Senate.
4.    2/3 vote of the senators to decide the faith of the one being impeached.

Penalty in Impeachment Case
1.    Removal to the Office.
2.    Disqualification to hold any office in the Republic of the Philippines.


The Ombudsman (Office of the Special Prosecutor)
-known as the “Tanodbayan”  
-serves as the WATCHDOG of the Government Offices and Agencies.

Power of the Ombudsman
1.    Investigate- made an investigation on a certain complain against a Government Officials
2.    Prosecute- suggest a solution to the complain

Composition of the Ombudsman
1.    One Over-all Deputy Ombudsman
2.    One Deputy Ombudsman for the 3 Major Islands in the Philippines (Luzon, Visayas, Mindanao)
3.    One Deputy Ombudsman on the AFP and law enforcing Agency.

Ombudsman Personnel Appointment and Term of Office
1.    A list of at least 6 candidate should be passed by the Judicial and Bar Council to the President. Confirmation of the Commission on Appointment is not needed.
2.    Qualifications:
a.    Natural Born Citizen of the Philippines
b.    Must be 40 years old on the time of their appointment
c.    Must be member of Philippine Bar
d.    Must have a recognized probity and independence
3.    Term of Office – seven years without reappointment in the Ombudsman.

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Summary of Philippine Constitution : Article 8

Article VIII: Judiciary Department

Judiciary- watch dog of the Legislative and Executive Department

Judicial Power
1.       Adjudicatory power- power to use law to solve an issue and to determine the abuses made.
2.       Judicial Review- reviewing of the validity of the laws
3.       Incidental Power- Judgement of contempt.

Kind of Offense
1.       Criminal Case- an offense which affect the community such as killings, massacre, and etc…
2.       Civil Case- an offense which affect two or more individual such as failure to comply to a contract.

Classification of Court According to Origin
1.       Constitutional Court- the Supreme Court, the only Court mandated by the constitution to be created.
2.       Statutory Curt- courts created by the law (Lower Court)


Classification of Court According to Case
1.       Special Court- court which has a limited jurisdiction
a.       Court of Tax Appeal- court which hold the cases related to tax
b.      Sandigan Bayan- court which hold the cases related to graft and corruption. Has 14 Associate Justices.
c.       Court of Appeals- court on which hold the cases being appeal to be rejudged.
d.      Shariah Court- court which holds the cases of civil offenses related to Muslims.

2.       Regular Court- those court which handles those common cases

Composition of Supreme Court
1.       One Chief Justice
2.       Fourteen Associate Justices

Qualification of a Chief Justice
1.       Natural Born Citizen of the Philippines
2.       At least 40 years of age
3.       Must have 15 years or more been judge of a lower court or engaged in the practicing law in the Philippines
4.       Must be a person of a proven competence, integrity, probity, and independence.
5.       Must be a Member of Integrated Bar of the Philippines


Appointment of a Chief Justice/ associate justices
-          A certain list of people must be submitted by the Judicial and Bar Council to the President.
-          The President will appoint the Justice but it cannot remove any justice being appointed.
-          Retirement age is 70 year old.

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Summary of Philippine Constitution : Article 6

Article VI: Legislative Department

Legislative power- the power to make, alter, and repeal laws.

Laws being describe is the “Statutory Laws”

Functions of Law
1.       Defines the right and duties of the citizens
2.       Imposes taxes
3.       Appropriate funds
4.       Defines crimes and provides their punishment
5.       Creates and abolishes Government Offices

Legislative branches
1.       House of Senate- composes of senators
2.       House of Representative- composes of different congressman


The Legislative body in the Philippines is in Bicameralism form.

Powers of the Congress
1.       General Legislative Power- enact laws
2.       Specific Powers
a.       Choose who will be the President in case of the temporary disabilities/death of the incumbent President.
b.      Confirms appointments made by the President through the Congress’ Commission on Appointments.
c.       Promotes social Justice
d.      Imposes Taxes
e.      Impeach a high position government Official
f.        Act as constituent Assembly in case of any changes being made in the constitution
3.       Implied Power- power needed to enact a law
4.       Inherent Power
a.       Eminent Domain- acquiring any private property to be used for the use of the Public.
b.      Power of Taxation- creating laws regarding taxation
c.       Police Power- enacting law through the help of the Police Force


Principle of Checks and Balances Implied on Legislative
1.       Legislative is being check by the Executive Branch through checking the Laws made by the Congress. Any bill without the signature of the President is void. The President can disapprove the bill being submitted.
2.       President’s veto (disapproval of a bill) can be removed by a voting of the House of Representative. There must be at least 2/3 vote of the total Representative must be gathered to override the veto.
3.       Laws created by the Congress also is being confirmed by the Judiciary by check it if it does not violate the constitution.

The House of Senate
-          There are 24 senators. They have a 6 years term. The senate is being alternately being elected, meaning every election only 12 senator sits are vacant while the remaining 12 is still in the position.
Qualification of a Senator
a.       Natural Born Citizen of the Philippines
b.      At least 35 Years of Age
c.       Able to read and write
d.      Must be A registered voter.
-          Two consecutive term is not allowed

House of Representative
-          There are 250 Representatives/congressmen.
-          Composes of Different provincial representative and different party list.
-          They have 3 years term.

Qualification of a Congressman
a.       Natural Born Citizen of the Philippines
b.      At least 25 years of Age
c.       Able to read and write
-          3 consecutive term is not allowed

Party List
-          It is the 20% of the number of congressmen.
-          Representative of different sectors such as the teens, woman, athletes.

Kind of Election for the Members of the Congress
1.       Regular Election
2.       Special Election- happens only if there is vacancy is the congress.

Stages of Legislative Enactment/ Passage of a Bill
1.       First Reading- the bill is only being read by its title and number together with the name/s f the author/s.
2.       Referral to the appropriate committee- it will be referred to the appropriate committee for study and consideration. Revision may be made depending on the public hearing results to be conducted by the certain committee.
3.       Second Reading- the bill is being read in its entirely together with the amendments proposed by the committee.
4.       Debates- authors are given time to deliver his speech to convince his colleagues and to make his co-legislators be in favor of the authors bill which is needed in the voting of the approval of the bill.
5.       Printing and Distribution- after all the proposed amendments has been presented during the debate, the bill shall be in its final forms and copies of its would be distributed among the members of the House where it originated three days before its passage
6.       Third Reading- the voting of the approval of the bill.
7.       Referral to the other house- after the approval from the other house, it must be submitted to the other house. The bill will undergo Step 1-6.
8.       Submission to a Joint Bicameral Committee- if in case the decision of the Houses contradict, the respective committees in both housed shall have a joint bicameral meeting to compromise their stance in order to have consensual positions.
9.       Submission to the President

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Summary of Philippine Constitution : Article 4

ARTICLE IV: CITIZENSHIP

Citizen- is a member of a political community. He owes allegiance to the state. Example a Filipino who lives in Philippines is a Filipino Citizen.

National- is not a part of a political community. He owes allegiance to the State. Example a Filipino who lives in Dubai is a Filipino National.

The Principles in Acquiring Citizenship
1.       Jus Sanguinis- a principle which talks about the parents of a child. If the parent/s of a child is a Filipino he is considered as Filipino. This principle is being practiced in Philippines.
2.       Jus Soli/Loci- a principle which tends to determine a child’s citizenship by referring to child’s birth place. Example in America, when a Filipino got a child in America, his child is considered to be an American Citizen. This is not being practiced in the Philippines.


Acquiring Citizenship
1.       Involuntary (Natural born Citizen)- citizenship by birth
2.       Voluntary (Naturalized Citizen)- citizenship by applying (Naturalization). Example an Arab wants to be a Filipino Citizen, he can apply for it if also he met the requirements in Naturalization Process.


Citizens of the Philippines according to Article IV Section I

1.       Those who are citizens of the Philippines at the time of the adoption of this Constitution.
-          People who are present in the Philippines during the adoption of the constitution is a Filipino Citizen.

2.       Those whose fathers or mothers are citizens of the Philippines.
-          Child who’s parent is a Filipino is considered as Filipino. This is based on the Jus Sanguinis Principle.

3.       Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority.
-          To clean up the mess of the 1935 Constitution which say that if a Filipina married a Foreigner her child is not a Filipino, this sub paragraph was made. This state that anyone born before January 17, 1973 of Filipino mother is a Filipino.

4.       Those who are naturalized in accordance with law.
-          This Naturalization process can be given by Judicial, Administrative Process or by the Act of the Congress thru Republic Act.


A Naturalized Citizen of the Philippines has its limit. Limit in term of running in a Political Positions and in applying Jobs. This is due to the fact that a Naturalized Citizen might not have its loyalty to the Philippines. He might have been a spy and might betray Philippines. Whereas the Natural born Filipino enjoys all the privileges.

In the Philippine constitution, having a dual Citizenship is allowed but having a dual allegiance of citizenship is prohibited for a fact that he might betray the Philippines.

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Summary of Philippine Constitution : Article 3

Article III: Bill of Rights

Bill of Rights- declaration and enumeration of the individual rights and privileges which the constitution had designed to protect against violation of the Government or by individual or group of individuals.

Classes of Right
1.    Natural Rights- right of each individual without being granted by the state.
2.    Constitutional Rights- rights that are being stated in the Constitution.
3.    Statutory Rights- rights that are being given by a certain statute.

Classification of the Constitutional Rights
1.    Political Rights- power to participate.
2.    Civil Rights- right of someone to enjoy their means of happiness
3.    Social and Economic Rights- security of their well-being and economic security of each individual.
4.    Rights of the Accused- right being made intended to those being accused.

Some of the Rights Stated in Article III
1.    Right of life- right to choose freely.
2.    Right to own a property- it is the right of an individual to own a property without any threat being
        faced. The government should not confiscate anything that an individual owns without the due
        process of law.

Eminent Domain- it is the power of the government to acquire any private property provided that the acquiring of the property is intended for the use of the Public and there is a due process of law that had undergo between the Government and Private property owner.

3.    Right of Liberty- it is the right of an individual to go anywhere he likes.
4.    Right to be secured from any unreasonable searches and seizures- it is the right of an individual to be safeguarded from any searches and seizures being made in his house, documents and property without a search warrant or a warrant of arrest.

Warrant of Arrest- an order in writing signed by a judge stating that a person should be arrested.
Search Warrant- an order in writing signed by a judge stating for a search for a something.

5.    Right of Privacy- it is the right to be left alone.
6.    Right of Speech and expression of ideas- individual right which is to be used to express emotion, ideas about a certain issue or anything provided that there is no violation of anyone’s right and does not put in danger the Government.

7.    Right to choose freely a Religion-There is a clear separation of the Government and the church. So it is given that any individual has the right to choose his religion and follow it’s practices without the violation of the law.

8.    Right to form a Union, Association or Societies.
9.    Right to Assembly
10.    Right to Petition

Some of the Rights given to the accused
11.    Right to have a free access to the courts and to have an adequate legal assistance.
12.    Right to remain silent
13.    Right against the use of force, torture, violence, threat, intimidation and any other means which vitiates the free will.

14.    Right to undergo the process of law in times of any criminal offense.
15.    Right to have a Speedy Trial
16.    Right to confrontation of the witness
17.    Right against self-incrimination
18.    Right against illegal detention by reason of Political beliefs and aspirations
19.    Right against excessive fines- a fine given to a person should be based on the two categories.
20.    Right against double jeopardy.

The Principle of the Poisonous Tree
-it is the principle which states that any evidence acquired illegally will not be used in any trial proceedings. It is due to the fact that in the acquiring of those illegal evidences had undergo a violation of the law in which is not allowable by the constitution.
In any right vested by the constitution, there should be an observation of the law. Any violation of the law in the exercising of those rights is to be considered as a crime.

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Summary of Philippine Constitution : Article 2

ARTICLE II: DECLARATION OF PRINCIPLES AND STATE POLICIES

Republican Government- democratic government by representation chosen by the people at large.

Philippines Government- is a republican democracy, which features the characteristics of a democracy such as initiative and referendum. It adapts international law.

Manifestation of a Democratic and Republican State
1.       The Existence of a Bill of Rights
2.       The observance of the Rule of the Majority
3.       The observance of the principle that ours is a government of Laws and not of men.
4.       The presence of election through popular will
5.       The Observance of the principle of separation of powers and the system of checks and balances
6.       The observance of the principle that the legislation cannot pass irrepealable laws
7.       The observance of the law on Public officers
8.       The observance of the principle that a state cannot be sued without its consent.

Sovereignty of the people
1.       Exercised indirectly through public officials- people choose who will represent them.
2.       Exercised directly through suffrage- by voting/choosing who will sit in a certain position in the government (election).

Adoption of the International Law as part of the Philippine Law
1.       When international usage to be applied- when absence of a treaty between two country, International Law must be used to judge the certain case.
2.       A treaty has the force of a statute
3.       Constitution prevails over a treaty- when a certain treaty violates the constitution, it is considered to be null and void.

Existence of war- may be declared only by the congress. At least two-thirds vote of the representatives is needed in both houses. Philippine Government may only declare a “defensive war.”

Military and Civil Service by the People
1.       Defense of the State performed through an army- people are required to defend the state against any possible invasion.
2.       Compulsory
3.       Civil Service
4.       Personal- must be done personally
5.       By law

Principle of Separation of Church and state- states that the religion and state must be separated. Meaning the government cannot give any budget to build or to support a religion.

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Summary of Philippine Constitution : Article 1

Article I: National Territory

Components of the National Territory of the Philippines
1.       Philippine Archipelago with all the islands (7,107 Islands) with the aerial territory.
2.       All other territory which the Philippines has sovereignty and jurisdiction.
3.       Terrestrial, aerial, fluidal domain (waters) including the seabed, sub soil, insular shelves, territorial sea and sub marine areas.
4.       Internal Water of the Philippines.

Waters
1.       External Water- water that surrounds the Philippines.
2.       Internal Water- water that can be located in lands such as the lake, rivers, etc…
3.       International Water (Open Sea)- portion of the earth’s water wherein no state takes it a part of its territory such as the Pacific Ocean.

Other Areas Included in Philippine Archipelago
1.       Territorial Sea- 12 Nautical miles from the shore line. Known as “marginal sea, marginal belt, marine belt.”
2.       Seabed- land that holds the sea including the minerals and natural resources.
3.       Subsoil- everything beneath the surface soil and sea bed including the minerals and natural resources.
4.       Insular Shelves


The Philippines being an archipelago is using the Archipelago Doctrine in determining its territorial sea. By using this doctrine, Philippines should be regarded as a one single unit instead of islands. From the sea shores of the Philippines, we measure 12 Nautical Miles to determine its territorial sea.

Additional to it, during the time of President Marcos, he made a Law which talks about the Exclusive Economic Zone which is 200 Nautical Miles from the sea shore of Philippines. Meaning, 200 Nautical Miles from the sea shore of the Philippines is part of the territorial sea of the Philippines.

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