SOLO KILL CON Flashcards

1
Q

No person may be elected President unless he is (Qualification)

A
  1. unless he is a natural-born citizen of the Philippines,
  2. a registered voter,
  3. able to read and write,
  4. at least forty years of age on the day of the election,
  5. and a resident of the Philippines for at least ten years immediately preceding such election.
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2
Q

Term of the President and Vice-President.

A

The President is given a fixed term of six years to begin at noon on June 30th following the day of the election and to end at noon also on June 30th “six years thereafter.”

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3
Q

Is the President eligible for re-election?

A

A President is not eligible for any re-election for that office, that is, either immediately after his term or even after an interval of one or more terms. It was thought that the elimination of the prospect of reelection would make for a more independent President capable of making
correct even if unpopular decisions. The prohibition of re-election applies to any person who has served as President.

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4
Q

if the Vice-President succeeds to the presidency, if
he serves for less than four years, he may run for election as President?

A

Yes, since in his case it would not be a re-election.

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5
Q

What is the term of the VP

A

They may not serve for more than two successive terms.
But voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of a Vice-President’s service. Moreover, if the Vice-President succeeds to the presidency, if he serves for less than four years, he may run for election as President since in his case it would not be a re-election.

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6
Q

What is the purpose of taking an oath of the President and VP

A

Marks his formal assumption of duties.
Not a source of a substantive power but is merely
intended to deepen the sense of responsibility of
the P and ensure a more conscientious discharge of
his office. (But has been invoked to justify
presidential action)

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7
Q

The regular election for President and Vice-President shall be held on

A

The second Monday of May.

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8
Q

The returns of every election for President and Vice-President, duly certified by the board of canvassers of each province or city, shall be transmitted to the

A

Congress, directed to the President of the Senate. Upon receipt of the certificates of canvass, the President of the Senate shall, not later than thirty days after the day of the election, open all the certificates in the presence of the Senate and the House of Representatives in joint public session, and the Congress, upon determination of the authenticity and due execution thereof in the manner provided by law, canvass the votes.

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9
Q

The returns of every election for President and Vice-President, duly certified by the board of canvassers of each province or city, shall be transmitted to the Congress, directed to the President of the Senate. Upon receipt of the certificates of canvass, the President of the Senate shall, not later than ——– after the day of the election, open all the certificates in the presence of the Senate and the House of Representatives in joint public session, and the Congress, upon determination of the authenticity and due execution thereof in the manner provided by law, canvass the votes.

A

Thirty days

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10
Q

(Presidential votes)In case two or more shall have an equal and highest number of votes, one of them shall forthwith be chosen by the vote of

A

a majority of all the Members of both Houses of the Congress, voting separately.

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11
Q

Who will be the sole judge of all constest relating to the election returns and qualification of the President or Vice-President?

A

The Supreme Court, sitting en bancshall be the sole judge of all contests relating to the election, returns, and qualifications of the President or Vice-President, and may promulgate its rules for the purpose.

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12
Q

Instances where the VP will act as a president

A

Section 7. The President-elect and the Vice President-elect shall assume office at the beginning of their terms.

  1. If the President-elect fails to qualify, the Vice President-elect shall act as President until the President-elect shall have qualified.
  2. If a President shall not have been chosen, the Vice President-elect shall act as President until a President shall have been chosen and qualified.

Cases of of Section 11. Whenever the President transmits to the President of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice-President as Acting President.

Whenever a majority of all the Members of the Cabinet transmit to the President of the Senate and to the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice-President shall immediately assume the powers and duties of the office as Acting President.

Thereafter, when the President transmits to the President of the Senate and to the Speaker of the House of Representatives his written declaration that no inability exists, he shall reassume the powers and duties of his office. Meanwhile, should a majority of all the Members of the Cabinet transmit within five days to the President of the Senate and to the Speaker of the House of Representatives, their written declaration that the President is unable to discharge the powers and duties of his office, the Congress shall decide the issue. For that purpose, the Congress shall convene, if it is not in session, within forty-eight hours, in accordance with its rules and without need of call.

If the Congress, within ten days after receipt of the last written declaration, or, if not in session, within twelve days after it is required to assemble, determines by a two-thirds vote of both Houses, voting separately, that the President is unable to discharge the powers and duties of his office, the Vice-President shall act as President; otherwise, the President shall continue exercising the powers and duties of his office.

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13
Q

Section 7. The President-elect and the Vice President-elect shall assume office at the beginning of their terms.

If the President-elect fails to qualify, the Vice President-elect shall act as President until the President-elect shall have qualified. Meaning

A

If the President-elect fails to qualify, it means that the individual who has been elected as President is unable to meet the legal and constitutional requirements necessary to officially assume the office of the President. This can occur for a variety of reasons, such as:

Key Points:
Failure to Meet Eligibility Requirements:

The President-elect does not meet the age, citizenship, or residency requirements as stipulated by the constitution or relevant laws.

Failure to Take the Oath of Office:

The President-elect does not take the required oath of office within the prescribed time frame.

Incapacity or Death:

The President-elect becomes incapacitated or passes away before taking office.

Legal Challenges:

The election of the President-elect is successfully challenged in court, and the election results are nullified.

Example Context:
Interim Measures: In the event that the President-elect fails to qualify, interim measures are usually in place to ensure the continuity of government. For instance, the Vice President-elect or another designated official may assume the duties of the President until a new President is chosen or the situation is resolved.

This ensures that there is no interruption in the functioning of the executive branch and that the leadership transition occurs smoothly.

I hope this helps clarify the concept for you! If you have any more questions or need further details, feel free to ask. 😊

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14
Q

If a President shall not have been chosen, the Vice President-elect shall act as President until a President shall have been chosen and qualified. Meaning?

A

The phrase “if a President shall not have been chosen” typically refers to a scenario where the election process does not result in a clear winner by the set inauguration date. This situation is addressed in constitutional provisions to ensure continuity of governance. Here’s a brief explanation:

Key Points:
Election Outcome: No candidate has been duly elected as President by the time required for inauguration.

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15
Q

Instances where the VP elect shall become President

A

Section 8.

  • In case of death,
  • permanent disability,
  • removal from office,
  • or resignation of the President,

the Vice-President shall become the President to serve the unexpired term.

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16
Q

In case of death, permanent disability, removal from office, or resignation of both the President and Vice-President, Who will act as President?

A

The President of the Senate or, in case of his inability, the Speaker of the House of Representatives, shall then act as President until the President or Vice-President shall have been elected and qualified.

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17
Q

Where no President and Vice-President shall have been chosen or shall have qualified, or where both shall have died or become permanently disabled, who will act as a President?

A

the President of the Senate or, in case of his inability, the Speaker of the House of Representatives, shall act as President until a President or a Vice-President shall have been chosen and qualified.

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18
Q

What is the manner of choosing who will act as President ?

A

The Congress shall, by law, provide for the manner in which one who is to act as President shall be selected until a President or a Vice-President shall have qualified, in case of death, permanent disability, or inability of the officials mentioned in the next preceding paragraph.

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19
Q

Whenever there is vacancy in the VP during the term for which he was elected, what is the process for nomination?

A

Section 9. Whenever there is a vacancy in the Office of the Vice-President during the term for which he was elected, the President shall nominate a Vice-President from among the Members of the Senate and the House of Representatives who shall assume office upon confirmation by a majority vote of all the Members of both Houses of the Congress, voting separately.

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20
Q

Section 14. Appointments extended by an Acting President shall remain effective, unless revoked by the elected President, within how many days?

A

within ninety days from his assumption or reassumption of office.

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21
Q

The period where the President or acting President is prohibited to make appointments to executive positions

A

Section 15. Two months immediately before the next presidential elections and up to the end of his term, a President or Acting President shall not make appointments, except temporary appointments to executive positions when continued vacancies therein will prejudice public service or endanger public safety.

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22
Q

Positions appointed by the President Requiring Confirmation (Commission of Appointments)

A

Heads of Executive Departments: This includes Cabinet Secretaries and other similar high-ranking officials.

Ambassadors, Other Public Ministers, and Consuls: These are diplomatic positions requiring CA approval.

Officers of the Armed Forces: From the rank of colonel or naval captain and above.

Chairpersons and Members of Constitutional Commissions: Such as the Commission on Elections (COMELEC), Commission on Audit (COA), and Civil Service Commission (CSC).

Regular Members of the Judicial and Bar Council: These are key appointments that also need CA confirmation.

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23
Q

Permanent Appointments v Temporary Appointments

A

Permanent Appointments extended to those
persons possessing the requisite eligibility and are
thus protected by the Constitutional provision on
security of tenure.

Temporary Appointments given to persons w/o
such eligibility, are revocable at will and w/o the
necessity of just cause or a valid investigation.
“Upon the understanding that the appointing
power has not yet decided on a permanent
appointee”.

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24
Q

DISTINCTION B/W REGULAR AND AD
INTERIM APPOINTMENT:

A
  1. WHEN: REG- Legislative session; AD- Recess
  2. REG- only after the nomination is confirmed by
    the COA; AD- before confirmation
  3. REG-once confirmed, continues until the end of
    the term of the appointee; AD cease to be valid if
    disapproved by the COA or upon the next
    adjournment of the Congress.
    - In the latter case, the appointment is deemed
    “by passed” through the inaction of, and so
    disapproved impliedly by, the COA.
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25
Q

DOCTRINE OF QUALIFIED POLITICAL
AGENCY:

A

“Acts performed/ promulgated by the heads of dept
heads in the regular course of business, unless
disapproved or reprobated by the chief executive, are
PRESUMABLY the act of the chief executive them
being alter egos of the president. “
- Adopted out of practical necessity: Pres
cannot be expected to personally perform the
multifarious functions of the executive office.
Relate to: Doctrine of exhaustion of administrative
remedy: “Further appeal from a decision of a cabinet
secretary may be taken to the Office of the president
before resorting to judicial action. “

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26
Q

Instances where the President may call such armed forces

A

to prevent or suppress

  • lawless violence,
  • invasion or
  • rebellion.
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27
Q

Instance where the President can suspend the privilege of the writ of habeas corpus or place the Philippines or any part thereof under martial law.

A

Section 18. The President shall be the Commander-in-Chief of all armed forces of the Philippines and whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion. In case of invasion or rebellion, when the public safety requires it, he may, for a period not exceeding sixty days, suspend the privilege of the writ of habeas corpus or place the Philippines or any part thereof under martial law. Within forty-eight hours from the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus, the President shall submit a report in person or in writing to the Congress. The Congress, voting jointly, by a vote of at least a majority of all its Members in regular or special session, may revoke such proclamation or suspension, which revocation shall not be set aside by the President. Upon the initiative of the President, the Congress may, in the same manner, extend such proclamation or suspension for a period to be determined by the Congress, if the invasion or rebellion shall persist and public safety requires it.

The Congress, if not in session, shall, within twenty-four hours following such proclamation or suspension, convene in accordance with its rules without need of a call.

The Supreme Court may review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis of the proclamation of martial law or the suspension of the privilege of the writ or the extension thereof, and must promulgate its decision thereon within thirty days from its filing.

A state of martial law does not suspend the operation of the Constitution, nor supplant the functioning of the civil courts or legislative assemblies, nor authorize the conferment of jurisdiction on military courts and agencies over civilians where civil courts are able to function, nor automatically suspend the privilege of the writ.

The suspension of the privilege of the writ shall apply only to persons judicially charged for rebellion or offenses inherent in or directly connected with invasion.

During the suspension of the privilege of the writ, any person thus arrested or detained shall be judicially charged within three days, otherwise he shall be released.

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28
Q

How long where the president may suspend the writ of habeas corpus or place the Philippines or any part thereof under martial law

A

he may, for a period not exceeding sixty days, suspend the privilege of the writ of habeas corpus or place the Philippines or any part thereof under martial law. Within forty-eight hours from the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus, the President shall submit a report in person or in writing to the Congress. The Congress, voting jointly, by a vote of at least a majority of all its Members in regular or special session, may revoke such proclamation or suspension, which revocation shall not be set aside by the President. Upon the initiative of the President, the Congress may, in the same manner, extend such proclamation or suspension for a period to be determined by the Congress, if the invasion or rebellion shall persist and public safety requires it.

The Congress, if not in session, shall, within twenty-four hours following such proclamation or suspension, convene in accordance with its rules without need of a call.

The Supreme Court may review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis of the proclamation of martial law or the suspension of the privilege of the writ or the extension thereof, and must promulgate its decision thereon within thirty days from its filing.

A state of martial law does not suspend the operation of the Constitution, nor supplant the functioning of the civil courts or legislative assemblies, nor authorize the conferment of jurisdiction on military courts and agencies over civilians where civil courts are able to function, nor automatically suspend the privilege of the writ.

The suspension of the privilege of the writ shall apply only to persons judicially charged for rebellion or offenses inherent in or directly connected with invasion.

During the suspension of the privilege of the writ, any person thus arrested or detained shall be judicially charged within three days, otherwise he shall be released.

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29
Q

Section 19. Except in cases of impeachment, or as otherwise provided in this Constitution, the President may grant reprieves, commutations, and pardons, and remit fines and forfeitures, after conviction by final judgment. WHAT IS REPRIEVES, COMMUTATIONS AND PARDONS?

A

Pardon - An act of grace which exempts the
individual on whom it is bestowed from the
punishment which the law inflicts for the crime he has
committed.

Commutation - reduction or mitigation of the penalty.
(Death- Lethal Injection)

Reprieve- postponement of a sentence to a date
certain, or a stay of execution.

30
Q

Amnesty v Pardon

A

As an early Philippine case noted, amnesty
“commonly denotes the ‘general pardon to rebels for their treason and other high political offenses,’ or the forgiveness which one sovereign grants to the subjects of another, who have offended by some breach of the law of nations.

Amnesty may thus be defined as the grant of general pardon to a class of political offenders either after conviction or even before the charges are filed. It is this form of executive clemency which under the Constitution may be granted by the executive only with the concurrence of the legislature. This is not to say, however, that political offenders cannot be reached by pardon; they can, but by individual pardon, which does not need legislative concurrence but which can be granted only after conviction.

The main difference between a pardon and amnesty is that a pardon relieves a person of punishment for a crime they have already been convicted of, while amnesty declares a person innocent and removes the crime from their record:
Pardon
A pardon is a private act granted by the Chief Executive that absolves a person of guilt for a crime they have already been convicted of. The person is released from prison, but the crime remains on their record. A pardon does not restore civil rights unless explicitly stated, and it does not exempt the person from paying civil indemnity.
Amnesty
Amnesty is a public act granted by the Chief Executive with the concurrence of Congress that declares a person innocent and removes a crime from their record. Amnesty can be granted to groups of people who may be guilty of political offenses, either before or after prosecution, and sometimes after conviction. Amnesty erases the offense itself, allowing the person to stand before the law as if no offense

31
Q

The President may contract or guarantee foreign loans on behalf of the Republic of the Philippines with the prior concurrence of ?

A

Section 20. The President may contract or guarantee foreign loans on behalf of the Republic of the Philippines with the prior concurrence of the Monetary Board, and subject to such limitations as may be provided by law. The Monetary Board shall, within thirty days from the end of every quarter of the calendar year, submit to the Congress a complete report of its decision on applications for loans to be contracted or guaranteed by the Government or government-owned and controlled corporations which would have the effect of increasing the foreign debt, and containing other matters as may be provided by law.

32
Q

Restriction to the President relative to foreign loans

A

He can no longer contract or guarantee foreign loans
without the concurrence of the Monetary Board. In addition, both the President and the Monetary Board themselves are subject to such limitations as may be provided by law. Finally, Article XII, Section 21 says: “Foreign loans may only be incurred in accordance with law and the regulation of the monetary authority. Information on foreign loans obtained or guaranteed by the Government shall be made available to the public.” The monetary authority referred to is that which Article XII, Section 20 commands Congress to establish.

33
Q

Distinction of Treaties and Executive agreements

A

The concurrence of [the legislature] is required
by our fundamental law in the making of ‘treaties’, which are, however, distinct and different from ‘executive agreements’, which may be validly entered into without such concurrence.”

34
Q
  1. The Budget.

The budget, which becomes the basis of the general appropriations bill, is prepared by the President and submitted to Congress within

A

thirty days from the opening of every regular session. As already seen under Article VI, Section 25(1), Congress may not increase the appropriation recommended by the President for the operation of the Government as specified in the budget. The phrase “sources of financing” has reference to sources other than taxation foreign aid.

35
Q

The complete Government budgetary process has been graphically described as consisting of four major phases:

A
  1. Budget preparation. The first step is essentially tasked
    upon the Executive Branch and covers the estimation of government revenues, the determination of budgetary priorities and activities within the constraints imposed by available revenues and by borrowing limits, and the translation of desired priorities and activities into expenditure levels. Budget preparation starts with the budget call issued by the Department of Budget and Management. Each agency is required to submit agency budget estimates in line with the requirements consistent with the general ceilings set by the Development Budget
    Coordinating Council (DBCC).
  2. Legislative authorization. At this stage, Congress enters
    the picture and deliberates or acts on the budget proposals of the President, and Congress in the exercise of its own judgment and wisdom formulates an appropriation act precisely following the process established by the Constitution, which specifies that no money may be paid from the Treasury except in accordance with an appropriation made by law.
  3. Budget Execution. Tasked on the Executive, the third
    phase of the budget process covers the various operational aspects of budgeting. The establishment of obligation authority ceilings, the evaluation of work and financial plans for individual activities, the continuing review of government fiscal position, the regulation of fund releases, the implementation of cash payment schedules, and other related activities comprise this phase of the budget cycle.
  4. Budget accountability. The fourth phase refers to the
    evaluation of actual performance and initially approved work targets, obligations incurred, personnel hired and work accomplished are compared with the targets set at time the agency budgets were approved.
36
Q

The following may be removed from office on impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust.

A

Section 2.
* The President,
* the Vice-President,
* the Members of the Supreme Court,
* the Members of the Constitutional Commissions, and
* the Ombudsman may be removed from office on impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust. All other public officers and employees may be removed from office as provided by law, but not by impeachment.

37
Q

Section 2. The President, the Vice-President, the Members of the Supreme Court, the Members of the Constitutional Commissions, and the Ombudsman may be removed from office on impeachment for

A

for, and conviction of

  • culpable violation of the Constitution,
  • treason,
  • bribery,
  • graft and corruption,
  • other high crimes,
  • or betrayal of public trust.

All other public officers and employees may be removed from office as provided by law, but not by impeachment.

38
Q

What is Judicial Power

A

Section 1. The judicial power shall be vested in one Supreme Court and in such lower courts as may be established by law.

Judicial power includes the duty of the courts of justice
* to settle actual controversies involving rights which are legally demandable and enforceable, and
* to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government.

39
Q

What is the compostition of the Supreme Court?

A

Section 4. The Supreme Court shall be composed of
a Chief Justice and fourteen Associate Justices. It may sit en banc or in its discretion, in division of three, five, or seven Members. Any vacancy shall be filled within ninety days from the occurrence thereof.

All cases involving the constitutionality of a treaty, international or executive agreement, or law, which shall be heard by the Supreme Court en banc, and all other cases which under the Rules of Court are required to be heard en banc, including those involving the constitutionality, application, or operation of presidential decrees, proclamations, orders, instructions, ordinances, and other regulations, shall be decided with the concurrence of a majority of the Members who actually took part in the deliberations on the issues in the case and voted thereon.

Cases or matters heard by a division shall be decided or resolved with the concurrence of a majority of the Members who actually took part in the deliberations on the issues in the case and voted thereon, and in no case without the concurrence of at least three of such Members. When the required number is not obtained, the case shall be decided en banc: Provided, that no doctrine or principle of law laid down by the court in a decision rendered en banc or in division may be modified or reversed except by the court sitting en banc.

40
Q

What are the qualifications of the Justices of the SC?

A

Section 7. No person shall be appointed Member of the Supreme Court or any lower collegiate court unless
* he is a natural-born citizen of the Philippines.
* A Member of the Supreme Court must be at least forty years of age, and
* must have been for fifteen years or more, a judge of a lower court or engaged in the practice of law in the Philippines.

The Congress shall prescribe the qualifications of judges of lower courts, but no person may be appointed judge thereof unless he is a citizen of the Philippines and a member of the Philippine Bar.

A Member of the Judiciary must be a person of proven competence, integrity, probity, and independence.

41
Q

What are the composition of JBC

A

Section 8. A Judicial and Bar Council is hereby created under the supervision of the Supreme Court composed of the
* Chief Justice as ex officio Chairman,
* the Secretary of Justice, and a
* representative of the Congress as ex officio Members,
* a representative of the Integrated Bar,
* a professor of law,
* a retired Member of the Supreme Court,
* and a representative of the private sector.

The regular members of the Council shall be appointed by the President for a term of four years with the consent of the Commission on Appointments. Of the Members first appointed, the representative of the Integrated Bar shall serve for four years, the professor of law for three years, the retired Justice for two years, and the representative of the private sector for one year.

The Clerk of the Supreme Court shall be the Secretary ex officio of the Council and shall keep a record of its proceedings.

The regular Members of the Council shall receive such emoluments as may be determined by the Supreme Court. The Supreme Court shall provide in its annual budget the appropriations for the Council.

The Council shall have the principal function of recommending appointees to the judiciary. It may exercise such other functions and duties as the Supreme Court may assign to it.

42
Q

Section 9. The Members of the Supreme Court and judges of lower courts shall be appointed by the President from a list of at least —– nominees preferred by the Judicial and Bar Council for every vacancy. Such appointments need no confirmation.

For the lower courts, the President shall issue the appointment within —– —– from the submission of the list.

A

Three, ninety days

43
Q

Section 9. The Members of the Supreme Court and judges of lower courts shall be appointed by the President from a list of at least three nominees preferred by the Judicial and Bar Council for every vacancy. Such appointments need no confirmation?

A

Yes, no need for confirmation

44
Q

What are the cases, decided by the en banc of the SC?

A

All cases involving the constitutionality of a treaty, international or executive agreement, or law, which shall be heard by the Supreme Court en banc, and all other cases which under the Rules of Court are required to be heard en banc, including those involving the constitutionality, application, or operation of presidential decrees, proclamations, orders, instructions, ordinances, and other regulations, shall be decided with the concurrence of a majority of the Members who actually took part in the deliberations on the issues in the case and voted thereon.

45
Q

Retirement age of Judges and justices

A

Section 11. The Members of the Supreme Court and judges of the lower court shall hold office during good behavior until they reach the age of seventy years or become incapacitated to discharge the duties of their office. The Supreme Court en banc shall have the power to discipline judges of lower courts, or order their dismissal by a vote of majority of the Members who actually took part in the deliberations on the issues in the case and voted in thereon.

46
Q

Requisites of a Judicial Inquirty
No constitutional question will be heard and decided by them unless

A

there is compliance with what are known as the requisites of a judicial inquiry

These requisites are the following:

  • There must be an actual case or controversy
  • The question of Constitutionality must be raised by the proper party
  • The constitutional question must be raised at the earliest opportunity
  • The decision of the constitutional question must be necessary to the determination of the case itself

The issue of constitutionaliy must be the very lis mota of the case

47
Q

There must be an actual case or controversy discussion

A

Where the purpose is to solicit from the court a declaratory judgment involving the interpretation of the rights and duties of a person under the provisions of a deed, will, contract, or other written instrument, or a statute or ordinance, the case is deemed an actual controversy over which the courts may validly assume jurisdiction

48
Q

Meaning of moot and academic

A

In legal terms, the phrase “moot and academic” refers to issues or cases that no longer require resolution because they have become irrelevant or hypothetical. Here’s a more detailed explanation:

Moot:
Definition: A case is considered moot if it no longer presents an actual, ongoing dispute. The issue has been resolved, or circumstances have changed in such a way that the court’s decision would no longer affect the parties involved.

Example: If a law being challenged in court has been repealed, any cases challenging that law might be declared moot because there is no longer a controversy to resolve.

Academic:
Definition: When an issue is deemed academic, it means the matter is theoretical or hypothetical, often because it no longer has practical implications. Essentially, deciding the issue would serve no practical purpose.

Example: If a student seeks to challenge a school policy after they have already graduated, the issue might be considered academic, as the outcome would no longer have a direct impact on them.

Combined Usage:
The term “moot and academic” is often used together to describe cases or issues that are both no longer relevant to the parties and have no practical significance. Courts typically avoid ruling on moot and academic matters because judicial resources are reserved for resolving active, ongoing disputes.

49
Q

Courts will decide cases, otherwise moot and academic if ?

A
  • There is a grave violation of the Constitution
  • The exceptional character of the situation and the paramount public interest is involved
  • when the constitutional issue raised requires formulation of controlling principles to guide the bench, the bar, and the public
  • the case is capable of repitition yet evading review
50
Q

Earliest opportunity

A

The general rule, however, is subject to the following exceptions

  1. In criminal cases, the constitutional question can be raised at any time in the discretion of the court
  2. In civil cases, the constitutional question can be raised at any stage if it is necessary to the determination of the case itself
  3. In every case, except where there is estoppel, the constitutional question may be raised at any sate if it involves the jurisdiction of the court.
51
Q

Necessity of Deciding Constitutional questions

A

The reason why the courts will as much as possible avoid the decision of a constitutional question can be traced to the doctrine of separtion of powers which enjoins upon each department a proper respect for the acts of the other departments.

However, for the court to exercise its power of judicial review, the Constitutional issue:

A. must be properly raised and presented in the case
B. its resolution is necessary to a detemination of the case,meaning the issue of constitutionality of a statute to the extent that it is directly and necessarily involved in a justicialble controversy and is essential to the protection of the rights of the parties concearned

52
Q

Proper Party meaning in Judicial inquiry

Locus standi

A

A proper party is one who has sustained or is in immediate danger of sustaining an injury as a result of the act complained of.

The jurisdiction of a court of law or equity may not be invoked by or for an individual whose rights have not been breached.

53
Q

Composition of Constitutional Commissions?

A

Section 1. The Constitutional Commissions, which shall be independent, are the
* Civil Service Commission,
* the Commission on Elections,
* and the Commission on Audit.

54
Q

Voting requirements of the Constitutional Commission

A

Section 7. Each Commission shall decide by a majority vote of all its Members, any case or matter brought before it within sixty days from the date of its submission for decision or resolution. A case or matter is deemed submitted for decision or resolution upon the filing of the last pleading, brief, or memorandum required by the rules of the Commission or by the Commission itself. Unless otherwise provided by this Constitution or by law, any decision, order, or ruling of each Commission may be brought to the Supreme Court on certiorari by the aggrieved party within thirty days from receipt of a copy thereof.

55
Q

Composition of CSC

A

Section 1. The civil service shall be administered by the Civil Service Commission composed of a
* Chairman and
* two Commissioners who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age, with proven capacity for public administration, and must not have been candidates for any elective position in the elections immediately preceding their appointment.

The Chairman and the Commissioners shall be appointed by the President with the consent of the Commission on Appointments for a term of seven years without reappointment. Of those first appointed, the Chairman shall hold office for seven years, a Commissioner for five years, and another Commissioner for three years, without reappointment. Appointment to any vacancy shall be only for the unexpired term of the predecessor. In no case shall any Member be appointed or designated in a temporary or acting capacity.

56
Q

What is the function of CSC?

A

Section 3. The Civil Service Commission, as the central personnel agency of the Government, shall establish a career service and adopt measures to promote morale, efficiency, integrity, responsiveness, progressiveness, and courtesy in the civil service. It shall strengthen the merit and rewards system, integrate all human resources development programs for all levels and ranks, and institutionalize a management climate conducive to public accountability. It shall submit to the President and the Congress an annual report on its personnel programs.

57
Q

Qualifications of CSC’s Chairman and Comissioners

A
  • at least thirty-five years of age,
  • with proven capacity for public administration,
  • and must not have been candidates for any elective position in the elections immediately preceding their appointment.

The Chairman and the Commissioners shall be appointed by the President with the consent of the Commission on Appointments for a term of seven years without reappointment. Of those first appointed, the Chairman shall hold office for seven years, a Commissioner for five years, and another Commissioner for three years, without reappointment. Appointment to any vacancy shall be only for the unexpired term of the predecessor. In no case shall any Member be appointed or designated in a temporary or acting capacity.

58
Q

Composition of Comelec

A

Section 1. There shall be a Commission on Elections composed of
* a Chairman and
* Six Commissioners

who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age, holders of a college degree, and must not have been candidates for any elective positions in the immediately preceding elections. However, a majority thereof, including the Chairman, shall be members of the Philippine Bar who have been engaged in the practice of law for at least ten years.

The Chairman and the Commissioners shall be appointed by the President with the consent of the Commission on Appointments for a term of seven years without reappointment. Of those first appointed, three Members shall hold office for seven years, two Members for five years, and the last Members for three years, without reappointment. Appointment to any vacancy shall be only for the unexpired term of the predecessor. In no case shall any Member be appointed or designated in a temporary or acting capacity.

59
Q

Qualifications of the Chairman and Commissioners of the COMELEC

A

shall be
* natural-born citizens of the Philippines
* and, at the time of their appointment, at least thirty-five years of age,
* holders of a college degree,
* and must not have been candidates for any elective positions in the immediately preceding elections.

However, a majority thereof, including the Chairman, shall be members of the Philippine Bar who have been engaged in the practice of law for at least ten years.

60
Q

Section 2. The Commission on Elections shall exercise the following powers and functions:

A
  • Enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum, and recall.
  • Exercise exclusive original jurisdiction over all contests relating to the elections, returns, and qualifications of all elective regional, provincial, and city officials, and appellate jurisdiction over all contests involving elective municipal officials decided by trial courts of general jurisdiction, or involving elective barangay officials decided by trial courts of limited jurisdiction.
  • Decisions, final orders, or rulings of the Commission on election contests involving elective municipal and barangay offices shall be final, executory, and not appealable.
  • Decide, except those involving the right to vote, all questions affecting elections, including determination of the number and location of polling places, appointment of election officials and inspectors, and registration of voters.
  • Deputize, with the concurrence of the President, law enforcement agencies and instrumentalities of the Government, including the Armed Forces of the Philippines, for the exclusive purpose of ensuring free, orderly, honest, peaceful, and credible elections.
  • Register, after sufficient publication, political parties, organizations, or coalitions which, in addition to other requirements, must present their platform or program of government; and accredit citizens’ arms of the Commission on Elections. Religious denominations and sects shall not be registered. Those which seek to achieve their goals through violence or unlawful means, or refuse to uphold and adhere to this Constitution, or which are supported by any foreign government shall likewise be refused registration.
  • Financial contributions from foreign governments and their agencies to political parties, organizations, coalitions, or candidates related to elections, constitute interference in national affairs, and, when accepted, shall be an additional ground for the cancellation of their registration with the Commission, in addition to other penalties that may be prescribed by law.
  • File, upon a verified complaint, or on its own initiative, petitions in court for inclusion or exclusion of voters; investigate and, where appropriate, prosecute cases of violations of election laws, including acts or omissions constituting election frauds, offenses, and malpractices.
  • Recommend to the Congress effective measures to minimize election spending, including limitation of places where propaganda materials shall be posted, and to prevent and penalize all forms of election frauds, offenses, malpractices, and nuisance candidacies.
  • Recommend to the President the removal of any officer or employee it has deputized, or the imposition of any other disciplinary action, for violation or disregard of, or disobedience to, its directive, order, or decision.
  • Submit to the President and the Congress, a comprehensive report on the conduct of each election, plebiscite, initiative, referendum, or recall.
61
Q

Comelec has excusive original jurisdiction over?

A

Exercise exclusive original jurisdiction over all contests relating to the
* elections,
* returns,
* and qualifications of all elective regional, provincial, and city officials, and appellate jurisdiction over all contests involving elective municipal officials decided by trial courts of general jurisdiction, or involving elective barangay officials decided by trial courts of limited jurisdiction.

62
Q
A
63
Q

The Comelec may sit ?

A

Section 3. The Commission on Elections may sit en banc or in two divisions, and shall promulgate its rules of procedure in order to expedite disposition of election cases, including pre- proclamation controversies. All such election cases shall be heard and decided in division, provided that motions for reconsideration of decisions shall be decided by the Commission en banc.

64
Q

Composition of COA

A

Section 1. There shall be a Commission on Audit composed of

  • a Chairman and
  • two Commissioners,

who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age, Certified Public Accountants with not less than ten years of auditing experience, or members of the Philippine Bar who have been engaged in the practice of law for at least ten years, and must not have been candidates for any elective position in the elections immediately preceding their appointment. At no time shall all Members of the Commission belong to the same profession.

The Chairman and the Commissioners shall be appointed by the President with the consent of the Commission on Appointments for a term of seven years without reappointment. Of those first appointed, the Chairman shall hold office for seven years, one Commissioner for five years, and the other Commissioner for three years, without reappointment. Appointment to any vacancy shall be only for the unexpired portion of the term of the predecessor. In no case shall any Member be appointed or designated in a temporary or acting capacity.

65
Q

Qualifications of COA

A

who shall be
* natural-born citizens of the Philippines and,
* at the time of their appointment, at least thirty-five years of age,
* Certified Public Accountants with not less than ten years of auditing experience, or members of the Philippine Bar who have been engaged in the practice of law for at least ten years
* and must not have been candidates for any elective position in the elections immediately preceding their appointment.

At no time shall all Members of the Commission belong to the same profession.

66
Q

Positions in the government that can be impeached

A

Section 2.
* The President,
* the Vice-President,
* the Members of the Supreme Court,
* the Members of the Constitutional Commissions,
* and the Ombudsman may be removed from office on impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust. All other public officers and employees may be removed from office as provided by law, but not by impeachment.

67
Q

What are the grounds for impeachment (6)?

A
  • culpable violation of the Constitution,
  • treason,
  • bribery,
  • graft and corruption,
  • other high crimes, or
  • betrayal of public trust.

All other public officers and employees may be removed from office as provided by law, but not by impeachment.

68
Q

What is Sandiganbayan?

A

Section 4. The present anti-graft court known as the Sandiganbayan shall continue to function and exercise its jurisdiction as now or hereafter may be provided by law.

69
Q

Sandiganbayan is consist of (composition)

A

The Sandiganbayan consists of
* Presiding Judge
* 14 Associate justices and has the same rank as the CA

It sits in 5 divisions of three justices each, who shall be necessary to constitute a quorum and whose unanimous vote shall be required for the pronouncement of a judgment. Its decisions may be brought on certiorari to the SC

70
Q

Jurisdiction of the Sandiganbayan

A

Sandiganbayan shall exercise original jurisdiction in all cases involving of the Anti-Graft and Corrupt Practices Act, where the accused are officials occupying positions, whether in a permanent, acting or interim capacity, to which salary grade 27 is assigned, including, among others, Regional Directors, Governors, Vice Governors and provincial board members, City Mayors, City Counsilors, army and air force colonels or naval captains etc. page 890

71
Q

Preventive Suspension of Sandiganbayan

A

90 days without trial hearing

72
Q
A