Atty. RLF Consti1 Reviewer Flashcards

Question

2 Steps on "Process of Revision and Amendment?"

Answer 1

There are two basic steps: (1) Proposal; and (2) Ratification

Answer 2

STEP 1. Proposal Congress as Constituent Assembly Upon a vote of 3/4 of ALL its members Constituent Assembly - is a body, composed of the members of Congress, assembled for the purpose of drafting or revising a constitution. Constitutional Convention Congress may, by a vote of 2/3 of ALL of its members, call a constitutional convention. or by a Majority vote of ALL its members, submit to the electorate the question of calling such a convention. STEP 2. Ratification Revisions of the Constitution shall be valid when ratified by a MAJORITY of the votes cast in a plebiscite (not earlier than 60 days nor later than 90 days after the approval of the revision)

Answer 3

STEP 1. Proposal A. By Congress (aka Constituent Assembly) Upon a vote of 3/4 of ALL its members B. By a Constitutional Convention Congress may, by a vote of 2/3 of ALL of its members, call a constitutional convention. or by a Majority vote of ALL its members, submit to the electorate the question of calling such a convention. C. People’s Initiative Upon a petition of at least 12% of the total number of registered voters, of which every legislative district must be represented by at least 3% of the registered voters therein. **This mode can only be used once every 5 years** STEP 2. Ratification Amendments of the Constitution proposed by a constituent assembly or a constitutional convention shall be valid when ratified by a MAJORITY of the votes cast in a plebiscite (not earlier than 60 days nor later than 90 days after the approval of the amendment)

Answer 4

For amendments of the Constitution proposed through people’s initiative, prior to the voting in a plebiscite, COMELEC must certify the sufficiency of the petition.

Answer 5

Doctrine of Proper Submission – submission for ratification of piecemeal amendments is not allowed. There must be fair submission, intelligent consent or rejection.

Answer 6

The people must author sign the entire proposal. No agent or representative can sign on their behalf. The proposal must be embodied in a petition, containing the full text of the proposed amendment either written on the face of the petition or attached. If attached, it must be stated/mentioned in the petition.

Answer 7

Logrolling – when the initiative petition incorporates an unrelated subject matter in the same petition. Its effect is to nullify the entire proposition and not only the unrelated subject matter.

Answer 8

The choice as to whether Congress want to propose a change in the Constitution through itself acting as constituent assembly or to call a constitutional convention or to do both is a political question, NOT subject to judicial review.

Answer 9

On the question of constitutionality of the method or procedure for amendment, both as to proposal and ratification, is a justiciable question and nonpolitical in nature. This is subject to judicial review and it is the duty of the Court to decide on such questions.

Answer 10

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 dimension, form part of the internal waters of the Philippines.

Answer 11

The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimension, form part of the internal waters of the Philippines.

Answer 12

Under UNCLOS, Continental shelf is part of the seabed and subsoil formed by the natural prolongation of the seabed, not exceeding 200 nautical miles from the baseline. From the provision: Is the seabed, the subsoil, the insular shelves, and other submarine areas.

Answer 13

Archipelagos have unique rights and method of measuring their territory. All internal waters are considered part of our archipelagic waters, but not all archipelagic waters of the Philippines are considered internal waters so much so that other countries may not exercise the right of the innocent passage.

Answer 14

It is the principle whereby the body of water studded with islands, or the islands surrounded with water, is viewed as a unity of islands and waters together forming one integrated unit. For this purpose, it requires that baselines be drawn by connecting the appropriate points of the “outermost islands to encircle the islands within the archipelago. We consider all the waters enclosed by the straight baselines as internal waters.

Answer 15

The PH is considered as one integrated unit instead of more than 7,000 islands, and without this, we don't follow the straight baseline method.

Answer 16

Territorial Integrity National Security Economic Reasons

Answer 17

Refers to the waters on the landward side of the baseline of the territorial sea, and they do not cover the entire archipelagic waters.

Answer 18

Rivers, lakes, bays, ports, etc. In internal waters, other countries cannot exercise the Right of Innocent Passage.

Answer 19

Refers to the waters enclosed by the archipelagic baselines drawn using the straight baseline method. Here, the Right of Innocent Passage can be exercised.

Answer 20

a. 12 nm – territorial sea (exercise sovereignty) XPN: Right of Innocent Passage b. 24 nm – contiguous zone (customs, fiscal, immigration, sanitation) c. 200 nm – exclusive economic zone (right to exploit living and non-living resources)

Answer 21

Although the contiguous zone and most of the exclusive economic zone may not, technically, be part of the territory of the State, nonetheless, the coastal State enjoys preferential rights over the marine resources found within these zones.

Answer 22

The terrestrial, fluvial, and aerial domain.

Answer 23

Philippine archipelago All other territories over which the PH exercises sovereignty and jurisdiction. It includes territories outside the PH archipelago but over which the PH has sovereignty or jurisdiction. i.e. Sabah, Kalayaan Island Group (Spratly Islands), etc.

Answer 24

The baselines in the following areas over which the Philippines likewise exercises sovereignty and jurisdiction shall be determined as “regime of Islands” under the Republic of the Philippines consistent with Article 121 of the United Nations Convention on the Law of the Sea (UNCLOS): - The Kalayaan Island Group as constituted under Presidential Decree No. 1596 and - Bajo de Masinloc, also known as Scarborough Shoal

Answer 25

Article 121 provides: "Regime of islands. — An island is a naturally formed area of land, surrounded by water, which is above water at high tide.”

Answer 26

Except as provided for in paragraph 3, the territorial sea, the contiguous zone, the exclusive economic zone and the continental shelf of an island are determined in accordance with the provisions of this Convention applicable to other land territory.

Answer 27

Rocks which cannot sustain human habitation or economic life of their own shall have no exclusive economic zone or continental shelf."

Answer 28

Low-tide elevation is a naturally formed area of land which is surrounded by and above water at low tide but submerged at high tide.

Answer 29

The Arbitral Tribunal held that all territorial objects in the Spratly Islands are either low tide elevations (eg. Subi Reef, Mischief Reef) or rocks that do not have EEZ or continental shelves (eg. Johnson Reef, Cuarteron Reef)

Answer 30

Scarborough Shoal is also a rock. It has been a traditional fishing ground for fishermen of many nationalities, including from the Philippines, China (including Taiwan), and Vietnam.

Answer 31

Sovereign rights were awarded over low-tide elevations not included in the possible entitlement of China and within the PH’s 200-nm EEZ: - Mischief Reef - Second Thomas Shoal - Reed Bank

Answer 32

1. Occupation 2. Accretion 3. Cession 4. Prescription

Answer 33

Territorial Sea – adjacent belt of the sea; does not exceed 12nm when measured from the baselines

Answer 34

Normal Baseline Straight Baseline Method

Answer 35

Normal Baseline: the low-water line along the coast as marked on large-scale charts officially recognized by the coastal state. It normally would not consist of straight lines. It is used by almost every country; measuring the territorial sea from the shore when the shore is in low tide, counting 12 nautical miles (Flores video lecture)

Answer 36

Straight Baseline Method: the imaginary line joining the appropriate points of the coast It is the method of identifying the outermost points of the archipelago and drawing straight baselines connecting the outermost points. (Flores video lecture)

Answer 37

The breadth of the territorial sea of the PH archipelago is measured by drawing straight baseline. Territories outside of the PH archipelago but over which the PH has jurisdiction, the breadth of their respective territorial seas is measured by normal baseline.

Answer 38

Continental Shelf – UNCLOS also calls it insular shelves, and it measures for 200 nautical miles, which is the same as EEZ. It is composed of the seabed, subsoil, and other submarine areas.

Answer 39

Where the continental shelf extends beyond 200 nm from the baselines from which the breadth of the territorial sea is measured, the coastal state shall delineate the outer limits thereof and make a submission to the Commission on the Limits of the Continental Shelf (CLCS) containing information on the delineated limits.

Answer 40

GR: It should not exceed 200 nm from baseline. However, it can be extended until 350 nautical miles, which is the maximum, depending on the seabed's prolongation (Flores video lecture)

Answer 41

Right of Innocent Passage - commercial ships can innocently pass through.

Answer 42

It is a 13-million-hectare underwater plateau east of Luzon, off the provinces of Aurora and Isabela. It is part of the PH’s extended continental shelf.

Answer 43

Def: Sovereign states are immune from the jurisdiction of other courts

Answer 44

By Doctrine of Incorporation generally accepted principles of international law are automatically part of PH law.

Answer 45

Ethical ground – A sovereign is immune from suit because there can be no legal right as against the authority that makes the law on which the right depends. This ground adheres to positivist theory. Practical ground – A sovereign must be immune from suit because with the well-known propensity on the part of our people to go to court, at the least provocation, the loss of time and energy required to defend against lawsuits, in the absence of such doctrine that constitutes such an effective obstacle, could very well be imagined. This ground adheres to sociological theory.

Answer 46

Foreign states are immune from suit following the Principle of Sovereign Equality of States (par in panem non habet imperium). All states are sovereign equals and cannot assert jurisdiction over one another.

Answer 47

Political question – If the party to a case is a state or instrumentality, it is a political question that is conclusive upon the courts. (Holy See v. Rosario) GR: Court should not pass upon the issue. XPN: if there is grave abuse of discretion.

Answer 48

Justiciable question – the Court can decide and pass upon the legality of the immunity If individual, the DFA’s determination is only preliminary which has no binding effect. Therefore, justiciable question. (Liang v. People)

Answer 49

Can the commanding officers of the US Navy Warship be sued for damages for the ship’s grounding on the Tubbataha Reefs while they were performing military duties No. Considering that the satisfaction of a judgment against said officials will require remedial actions and appropriation of funds by the US Gov., the suit is deemed to be one against the US itself. The Principle of the State Immunity therefor bars the exercise of jurisdiction by the PH courts over the persons of respondent military officers.

Answer 50

The growth of international organizations dedicated to specific universal endeavors, such as health, agriculture, science and technology, and environment is recognized in our jurisdiction. To secure them legal and practical independence in fulfilling their duties, int’l agencies are granted privileges and immunities.

Answer 51

“[The Philippines renounces war as an instrument of national policy,] adopts the generally accepted principles of international law as part of the land, [and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations.]” Art. II, Sec. 2 Def: As a member of the UN and a party to the Convention on the Privileges and Immunities of the Specialized Agencies of the UN, the PH Gov. adheres to the doctrine of immunity granted to the UN and its specialized agencies.

Answer 52

The following is the summary of rules on the immunity of government agencies: a. UNINCORPORATED b. INCORPORATED

Answer 53

UNINCORPORATED: Performing government function: NOT SUABLE (jure imperii) Performing proprietary (engaged in business and not gov.-related) function: SUABLE (jure gestionis) Commission on Internal Revenue BIR and BOC – adjunct to the Dept. of Finance. They both perform gov. functions while they earn money, however, they are not suable. Note: Commission on Internal Revenue, BIR, and BOC are special charters.

Answer 54

INCORPORATED: It is suable if the charter says so, regardless of their function. If the charter is silent as to their suability: Gov. Function – NOT SUABLE Proprietary – SUABLE

Answer 55

Yes, BSP can be sued. Even though establishing a clearing house facility is a necessary incident to its gov. function, BSP is not immune from suit because its Charter, by expressly providing corporate powers which include the authority to sue and be sued, waived its immunity from the suit.

Answer 56

In the case of Merritt v. Government of the Philippine Islands, citing Melvin vs. State (121 Cal., 16)

Answer 57

Suability depends on the consent of the state to be sued, liability on the applicable law and the established facts. Liability is not conceded by the mere fact that the state has allowed itself to be sued.

Answer 58

Basic is the rule that only the Congress can waive the state’s immunity from suit because the consent to be sued must emanate from statutory authority.

Answer 59

It is also important to keep in mind that waiver of immunity, being a derogation of sovereignty, will not be inferred lightly but must be construed in strictissimi juris. Hence, no waiver of state immunity must be drawn from the language of a law, unless the legislative branch has expressly and clearly given the State’s consent to be sued.

Answer 60

The state may waive its immunity either expressly or impliedly. Expressly, either through a general law or a specific law. Impliedly, either by (1) entering into a business contract with or by (2) commencing a suit against a private party.

Answer 61

The state through Act. 3083, has waived its immunity for all “moneyed claim involving liability arising from contract, express or implied.” Act 3083 is a general law waiving state immunity because it applies to all claims against the state, regardless of whether the contract involves the governmental or proprietary functions of the state, so long as it is moneyed claim arising from a contract.

Answer 62

However, Act 3083 must be invoked by following the procedure on how to collect this moneyed claim prescribed by Commonwealth Act No. 327, as amended by Presidential Decree No. 1445. Accordingly, the claim must be filed with and adjudicated by the COA before the money may be paid out of the treasury.

Answer 63

In UP v. Dizon, the Supreme Court did not allow payment of the claim of a private contractor against the University of the Philippines, a state university, despite the final decision of a Regional Trial Court having already validated the claim because the COA, according to the Supreme Court, must first adjudicate the contractor’s claim before execution should proceed. Note: this is not to say that all types of moneyed claims involving liability arising from contract are to be adjudicated at first instance by the COA. NOT ALL moneyed claims are within the exclusive jurisdiction of the COA. Other tribunals/adjudicative bodies, too, may have concurrent jurisdiction with the COA over money claims against the government or in the audit of the funds of government agencies and instrumentalities.

Answer 64

In Taisei Shimizu Joint Venture v. COA, the Supreme Court clarified that there are two main types of money claims which the COA may be confronted with: money claims originally filed with the COA which are limited to liquidated claims; and money claims which arise from a final and executory judgment of a court or arbitral body.

Answer 65

Liquidated claims are those uncontested claims determined or readily determinable from vouchers, invoices, and such other papers within reach of accounting officers. It may also mean that the claim no longer presents a justiciable question ripe for judicial determination. The liability or non-liability of the government shall no longer be in issue and shall no longer require the examination of evidence and the use of judicial discretion. Hence, if the moneyed claim involving liability arising from contract is already liquidated and uncontested, the same must originally be filed with the COA.

Answer 66

In cases where the claim is for a fixed amount and although the private complainant takes issue with the accuracy of the government agency’s summation of its accountabilities, the amount thereof is readily determinable from the receipts, invoices, and other documents, the trial court should dismiss the claim before it and hold that the suit against the government must be brought first to the COA. Otherwise, all proceedings in the trial court are void.

Answer 67

If the money claim involving liability arising from contract is unliquidated or contested, i.e., the liability or non-liability of the government under a contract is in issue and requires the examination of evidence and the use of judicial discretion, the same must first be adjudicated by a regular court of law before the COA may adjudicate for purposes of validation and compliance with applicable auditing laws and rules. This is in harmony with the scope of the COA’s authority to only take cognizance of money claims that are liquidated and uncontested. It also bears stressing that although the COA exercises broad powers pertaining to audit matters, it is devoid of authority to determine the validity of contracts.

Answer 68

Liquidated and uncontested claim: directly and originally with COA Unliquidated and contested claim: Court or tribunal must be adjudicated with RTC first/ money claim must be liquidated by court or arbitral body Must file to COA for execution of claim There are also cases where special laws vest arbitral bodies/tribunals with exclusive jurisdiction over money claims against the government. Such as the case of Taisei Shimizu Joint Venture where Supreme Court Held that

Answer 69

In Spouses Roque v. COA, when the COA confirmed the veracity of the money claim of the petitioners based on certified true copies of the decisions of the courts as well as the Entry of Judgment signifying the finality of the judgment, but ruled another reckoning point of the legal interest, the Supreme Court said it erred because it could not alter a final judgment and disregard the principle of immutability of final judgments.

Answer 70

The state may also waive its immunity by means of a special law. Either by authorizing a particular person to prove his specified claim against the state or by authorizing a particular suit.

Answer 71

Article 2180 of the Civil Code of the Philippines - is an example of waiver of state’s immunity by authorizing a particular suit. This is a waiver of immunity for quasi-delicts when the State acts through a special agent.

Answer 72

A special agent “is one who receives a definite and fixed order or commission, foreign to the exercise of the duties of his office if he is a special official.”

Answer 73

Since the Civil Code does not provide for a procedure and forum of jurisdiction when one wants to claim under the foregoing provisions, the claim must be filed with the RTC because it is a court of general jurisdiction.

Answer 74

Implied waiver is useful when one wants to sue foreign government in Ph courts; Or when there is a business contract between the Ph government and private individual or entity but the claim is NOT money but for something else such as property.

Answer 75

A state, especially a foreign one, can be sued in Philippine courts for private, commercial, and proprietary contracts (jure gestionis) only, but cannot be sue for government contract (jure imperii)

Answer 76

Ø Suability – depends on the consent of the state to be sued Ø Liability – on the applicable and the established facts

Answer 77

- If a state will need to perform an affirmative action such as the appropriation of funds or property for the satisfaction of judgment, then the suit is against the state and not against the named defendant. - If it produces or will produce adverse consequences to public treasury in terms of disbursement of funds and/or loss of government property.(state is immune of suit unless given its consent)

Answer 78

- When the relief demanded by the suit requires no affirmative official action on the part of the state nor the affirmative discharge of any obligation which belongs to the state in its political capacity

Answer 79

Test in determining whether the suit is against the state or not, = need to perform an affirmative action such as the appropriation of funds or property for the satisfaction of judgement then the suit is against the state and not against the named defendant officer thereby barring the suit.

Answer 80

Community of persons more or less numerous, permanently occupying a definite portion of territory, independent of external control, and possessing an organized government to which the great body of inhabitants render habitual obedience.

Answer 81

A state has 4 elements (1) people; (2) territory; sovereignty; and (4) government.

Answer 82

The enfranchosed citizen as a particle of popular sovereignty and as the ultimate source of the established authority. Sovereignty resides in the people and all government authority emanates from the people. A republic government is not a pure democracy, its essence is representation and renovation.

Answer 83

Constitutional demarcation of the three fundamental powers of government: to the legislative branch of the government, through Congress; to the executive branch of government, through the President; and to the judicial branch of the government, through the Court.

Answer 84

Secure coordination in the workings of the various departments of the government. One department is allowed to resist encroachments upon its prerogatives or to rectify mistakes or excesses committed by the other departments.

Answer 85

Powers are not confined exclusively within one department but are in fact assigned to or shared by several departments.

Answer 86

Broad principle of separation of powers limit the exercise of judicial power to purely justiciable questions and disallows an intrusion by the court in respect to the purely political decisions of the people, the legislative branch, or the executive branch.

Answer 87

One who has bare power or authority from another to do an act, must execute it himself and cannot delegate its authority to another. Congress may not delegate its legislative power to the two other branches of the government. It also prohibits Congress as an institution from delegating its legislative powers to individual members.

Answer 88

Local governments Administrative bodies Emergency powers to the President Tariff powers People at large (People’s initiative)

Answer 89

Supplementary rule-making- fill up the details of the law for its enforcement Contingent rule-making- ascertain facts in oder to bring the law into actual operation

Answer 90

Completeness Test Sufficient standard Test

Answer 91

Completeness test- a law that is complete when it sets forth therein the policy to be executed, carried out, or implemented by the delegate

Answer 92

Sufficient standard test- law that lays down a sufficient standard when it provides adequate guidelines or limitations int he law to map out the boundaries of the delegate’s authority and prevent the delegation from running riot.

Answer 93

Section 2, Article II of the Constitution provides: “ The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations.” This adherence to international law is what is referred to as the Doctrine of Incorporation.

Answer 94

Under Philippine Jurisdiction, it applies only to general principles of international law and ‘customary law’ and to treaties which have become part of customary law.

Answer 95

An international law, to become part of national or domestic law, must be consciously adopted by the domestic state through legislation or enactment.

Answer 96

Treaties Customary international law General principles of law

Answer 97

This principle (1) advocates the idea of delineating the boundaries between the two institutions; and (2) avoids encroachments by one against the other because of a misunderstanding of the limits of their respective exclusive jurisdictions.

Answer 98

Exempt from taxation: Churches, etc., and all lands, buildings, and improvements, actually, directly, and exclusively used for religious purposes (Sec. 28[3], Art. VI); When may public money may be appropriated to a priest, preaster, or dignitary: when they are assigned to the armed forces, or to any penal institution, or government orphanage, or leprosarium (Sec. 29[2], Art. VI); Study of religion in schools: [See below] (Sec. 3[3], Art. XIV); Exempt from the Filipino ownership requirement: educational institutions established by religious groups and mission boards. (Sec. 4[2], Art. XIV).

Answer 99

Art. II, Sec. 16 of the Constitution provides: “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.”

Answer 100

Every generation has a responsibility to the next to preserve that rhythm and harmony for the full enjoyment of a balanced and healthful ecology.

Answer 101

Remedy available to a natural or juridical person, entity authorized by law, people’s organizations, non-governmental organization, or any public interest group accredited by or registered with any government agency.

Answer 102

1. There is an actual or threatened violation of the constitutional right to a balanced and healthful ecology; 2. The violation arises from an unlawful act or omission of a public official or employee, or private individual or entity; 3. The violation involves or will lead to environmental damage that would prejudice the life, health, or property of inhabitants in two or more cities or province.

Answer 103

Art. II, Sec. 26 provides that “the State shall guarantee equal access to opportunities for public service and prohibit political dynasties as may be defined by law.” (Not a self-executing provision)

Answer 104

Political Dynasty: the concentration, consolidation, or perpetuation of public office and political power by persons related to one another. There is still no law defining pol dy and the extent of its prohibition in the context of the right to run for public office.

Answer 105

This defined political dynasty as a “person cannon serve as SK official if he is related within the second degree of consanguinity or affinity”: (1) to any incumbent elected national official; or (2) to any incumbent elected regional, provincial, city, municipal, or barangay official, in the locality where he or she seeks to be elected.

Answer 106

1. Quality Education: the appropriateness, relevance and excellence of the education given to meet the needs and aspirations of the individual and society. 2. Accessible Education: equal opportunities to education regardless of social and economic differences. 3. Relevant Education: mandates an education system that is complete, adequate, and integrated. Education levels are regulated by different agencies of the government. 4. Free Education: *Free public elementary education – compulsory for all, but parents can opt to educate their own children or to enroll them in private schools. *Free public high school education – the State is also obligated to ensure access to free public HS education, but it is not

Answer 107

Religion shall be allowed to be taught to students in public schools subject to the following conditions: - There must be consent expressed in writing by the parents or guardians - The option of parents and guardians is available only in public elementary and high schools - It shall be taught within the regular class hours - It shall be taught by instructors designated or approved by the religious authorities of the religion to which the children/wards belong; and - No additional cost is incurred by the government for such instruction, other than that incidental to the use of the facilities of the school.

Answer 108

Academic freedom shall be enjoyed in all institutions of higher learning (Art. XIV, Sec. 5[2]). Shall be enjoyed in institutions of higher learning, in colleges and universities PMA, as an institution of higher learning, enjoys academic freedom

Answer 109

- One police force - National in scope - Civilian in character - Administered and controlled by NAPOLCOM - The authority of local executives over the police units in their jurisdiction shall be provided by law

Answer 110

The right of the states to recover properties unlawfully acquired by public officials and employees (Art. XI, Sec 15) The right of the State to recover properties unlawfully acquired by public officials or employees, from them or from their nominees or transferees, shall not be barred by prescription, laches, or estoppel. NOTE: Applies only to civil actions for recovery of ill-gotten wealth, and not to criminal cases. Prescription of crimes is governed by special laws.

Answer 111

Regalian Doctrine makes the state the source of any asserted right to any ownership of land. All lands not appearing to be clearly within private ownership are presumed to belong to the state. Public lands not shown to have been reclassified or released as alienable agricultural land or alienated to a private person by the State remain part of inalienable public domain.

Answer 112

Imposes a duty upon the State and its representatives of continuing supervision over the taking and use of appropriated water, and reaffirming the superiority of public rights over private rights for critical resources.

Answer 113

Second paragraph in Sec 10 Art XII Self executing provision Enforceable only in regard to the grants of rights, privileges and concessions covering national economy, patrimony and NOT every aspect of trade and commerce. The Constitution recognizes the need for business exchange around the world despite the Filipino First Policy because it did not intent to pursue and isolationist policy.

Answer 114

SECTION 2. The Congress may, by law, adopt a new name for the country, a national anthem, or a national seal, which shall all be truly reflective and symbolic of the ideals, history, and traditions of the people. Such law shall take effect only upon its ratification by the people in a national referendum.

Answer 115

SECTION 1. The flag of the Philippines shall be red, white, and blue, with a sun and three stars, as consecrated and honored by the people and recognized by law.

Answer 116

Considering that the Constitution has fixed the colors and symbols that must be found in the Philippine flag, they cannot be changed by law, only through Constitutional amendment

Answer 117

Protect the people and the state Secure sovereignty of the state and the integrity of the national territory Uphold and defend the 1987 Constitution of the Republic of the Philippines

Answer 118

One police force National in scope Civilian in character Administered and controlled by NAPOLCOM The authority of local executives over the police units in their jurisdiction shall be provided by law

Answer 119

Police force no longer consists of the national force and city/municipal force Integrated into 1 PNP

Answer 120

20% Allocation 2% Threshold Three-seat Limit Proportional Representation

Answer 121

No person shall be nominated as party-list representative unless he is a natural-born citizen of the Philippines, a registered voter, a resident of the Philippines for a period of not less than one (1)year immediately preceding the day of the election, able to read and write, a bona fide member of the party or organization which he seeks to represent for at least ninety (90) days preceding the day of the election, and is at least twenty-five (25) years of age on the day of the election. In case of a nominee of the youth sector, he must at least be twenty-five (25) but not more than thirty (30) years of age on the day of the election. Any youth sectoral representative who attains the age of thirty (30) during his term shall be allowed to continue in office until the expiration of his term.

Answer 122

Privilege from arrest – Art. VI, Sec. 11 Speech and debate clause –Art. VI, Sec. 11

Answer 123

- Incompatible offices – Art. VI, Sec. 13, 1st sentence - Forbidden offices - Art. VI, Sec. 13 (2nd sentence) - Personal appearance as counsel (Art. VI, Sec. 14, first sentence) - Financial interest in government (Art. VI, Sec. 13, second sentence) - Intervention in certain matters (Art. VI, Sec. 13, last sentence) - Financial accommodations (Art. XI, Sec. 16)

Answer 124

Exceptions (when a legislator can hold another office without forfeiting seat in Congress): ü As member of Electoral Tribunal (Article VI, Sec 17) ü As member of Commission on Appointment (Article VI, Sec 18) ü As an ex officio member of the Judicial and Bar Council [Article VIII, Sec 8(1)]

Answer 125

(1) . The Senate shall elect its President and the House of Representatives, its Speaker, by a majority vote of all its respective Members. Each House shall choose such other officers as it may deem necessary. The Congress is deemed organized upon election of the President of the Senate and House Speaker Election is thru majority vote of the entire members of the House Each house may decide to have officers than the above mentioned The method and manner of election is in the sole control of each House

Answer 126

Quorum is that number of members of a body which, when legally assembled in their proper places, will enable the body to transport its proper business or that number which makes a lawful body gives it the power to pass upon a law or do any valid act.

Answer 127

Majority, when required to constitute a quorum, means the number greater than half or more than half of any total. Under Section 16(2), Article VI of the Constitution, a majority of each House shall constitute a quorum to do business.

Answer 128

For each Congress to pass a bill, only the votes of the majority of those present in the session, there being a quorum, is required.

Answer 129

(a) In declaring state of war, 2/3 of Congress in joint session, voting separately (b) In deciding on question of the President’s inability to discharge the powers and duties of his office, 2/3 of both houses, voting separately.

Answer 130

The number needed to approve an act does not change or shift and is not based on the number of members present but on the entire membership of the body

Answer 131

1. Where the Constitution requires a vote lesser than half of “all the members” of a house or of its entire composition, and not only of the members present a. In affirming the Articles of Impeachment via 1/3 of the House of Representatives.

Answer 132

Where the Constitution requires an absolute majority or more than 50% of “all the members” of a House or of its entire composition, and not only of the members present (a) In electing Senate President and Speaker of the HOR (b) In granting tax exemptions (c) In breaking the tie as the board of canvassers for presidential and vice-presidential elections (d) In confirming the nomination of a Vice-President by the President, whenever there is vacancy (e) In concurring to the amnesty granted by the President (f) In submitting to the electorate, the question of calling a constitutional convention (g) In revoking or extending the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus by the entire Congress in joint session, voting jointly.

Answer 133

3. Supermajority (Art. VI, Sec. 16[3]; Art. VI, Sec. 27[1]; Art. VII, Sec. 21; Art. XVIII, Sec. 4; Art. XI, Sec. 3[6]); Art. XVII, Sec. 3; Art. XVII, Sec. 3) Where the Constitution requires a supermajority, or a fixed proportion greater than half of “all the members” of a House or of its entire composition, and not only the members present (a) In suspending or expelling a member via 2/3 of each house (b) In overriding a presidential veto via 2/3 of each house, voting separately (c) In concurring to treaties and international agreements via 2/3 of the Senate (d) In convicting an impeachable officer via 2/3 of the Senate (e) In calling a constitutional convention via 2/3 of the Congress in joint session, voting separately (f) In proposing to amend or revise the Constitution via ¾ of Congress in joint session, voting separately

Answer 134

The Senate and the House of Representatives shall each have an Electoral Tribunal which shall be the sole judge of all contests relating to the election, returns, and qualifications of their respective Members

Answer 135

Composed of: (a) The Senate President as ex officio Chairman; (b) 12 members of the HOR elected by the HOR on the basis of proportional representation from the political parties and parties or organizations registered under the party-list system represented therein.

Answer 136

Jurisdiction: President shall nominate and appoint the following subject to confirmation by/consent of the Commission on Appointments: (1) Heads of Executive Departments (2) Ambassadors, other Public Ministers, and Consuls (3) Officers of the Armed Forces from the rank of Colonel or Naval Captain (4) Regular Members of the Judicial and Bar Council (5) Chairman and Commissioners of the Civil Service Commission (6) Chairman and Commissioners of the Commission on Elections (7) Chairman and Commissioners of the Commission on Audit (8) Members of the Regional and Consultative Commission

Answer 137

General Legislative Power – authority, under the constitution, to make laws, and to alter and repeal them. Plenary – any power, deemed to be legislative by usage and tradition, is necessarily possessed by the Philippine Congress, unless the Constitution has lodged it elsewhere.

Answer 138

Power of oversight embraces all activities undertaken by Congress to enhance its understanding of and influence over the implementation of legislation it has enacted. Oversight concerns post-enactment measures undertaken by Congress. Purposes: (a) to monitor bureaucratic compliance with program objectives (b) to determine whether agencies are properly administered (c) to eliminate executive waste and dishonesty (d) to prevent executive usurpation of legislative authority (e) to assess executive conformity with the congressional perception of public interest

Answer 139

(a) Scrutiny – implies a lesser intensity and continuity of attention to administrative operations. Its primary purpose is to determine economy and efficiency of the operation of government activities. example: budget hearings (b) Investigation – Recognized by the Constitution under Art VI, Sec 12. It is however, an inherent power of the Congress. Example: hearings in impeachment proceedings (c )

Answer 140

Choosing the President Determine President’s disability Confirming the nomination of the Vice-President Declaring existence of a state of war in joint session Proposing Constitutional amendments

Answer 141

Revoking or extending proclamation suspending the privilege of writ of habeas corpus Revoking or extending declaration of martial law

Answer 142

Three (3) Supreme Court Justices designated by the Chief Justice, and Six (6) members of the Chamber concerned (Senate or HOR) chosen on the basis of proportional representation from political parties and parties or organizations registered under the party-list system. Senior Justice shall act as Chairman.

Answer 143

Power of Inquiry – The power to conduct inquiries in aid of legislation is inherent in the power to legislate, and as such, the same may be exercised by the Congress even in the absence of any express constitutional grant.

Answer 144

It must be in aid of legislation; In accordance with duly published rules of procedures; and Right of person appearing in or affected by such inquiry shall be respected

Answer 145

Sine die — with no appointed date for resumption

Answer 146

Procedure in which a legislature literally or notionally stops the clock (or moves the hands backwards), usually for the purpose of meeting a constitutional or statutory deadline.