SUMMARY OF ARTICLE IV TO ARTICLE XVIII OF THE PHILIPPINE CONSTITUTION, Summaries of Political Science

Download SUMMARY OF ARTICLE IV TO ARTICLE XVIII OF THE PHILIPPINE CONSTITUTION and more Summaries Political Science in PDF only on Docsity! REVIEWER IN PHILIPPINE CONSTITUTION (2nd Semester – Finals) ARTICLE V: SUFFRAGE Section 1. Suffrage may be exercised by all citizens of the Philippines not otherwise disqualified by law, who are at least eighteen years of age, and who shall have resided in the Philippines for at least one year and in the place wherein they propose to vote for at least six months immediately preceding the election. No literacy, property, or other substantive requirements shall be imposed on the exercise of Suffrage. What is Suffrage? The right and obligation to vote of qualified citizens in the election of certain national and local officers of the government and in the decision of public questions submitted to the people. Where does suffrage originate? It was originated from the Greeks – City State of Athens where an assembly of citizens regularly met to choose their leaders. Theories of Suffrage 1. Suffrage as an Attribute of Citizenship - only citizens of the city-state have the right to exercise suffrage. In modern democracy, citizenship is a requirement for the exercise of Suffrage. 2. Suffrage as a Vested Privilege - Middle Ages – anchored on the economic status of the citizens; rich who has property and landed gentry had the right and privilege to vote for their public officials. - Modern Democracies – like Philippines, property qualification was abolished (following the “equal protection of the law” clause, Art. III Sec. 1.). 3. Suffrage as a Natural Right - Suffrage is an inherent right endowed upon man by God. It is an innate right that man exercises when he becomes an adult regardless of his qualifications or disqualifications 4. The Ethical Theory - Theory; man-an asset of his community; main objective is improving his personality and mold him in the matrix of citizenship. 5. Suffrage as a Government Function - Suffrage is a function of the government. Nature of Suffrage A mere privilege – not a natural right but merely a privilege to be given or withheld by the lawmaking power subject to constitutional limitations. A political right – a right conferred by the constitution; enabling every citizen to participate in the process of the government to assure that it derives its powers from the consent of the governed. Scope of Suffrage i. Election – the people chose their officials for a definite and fixed periods and to whom they entrust, for the time being as their representatives, the exercise of powers of government. ii. Plebiscite – refers to a vote expressing choice for or against a proposed law or enactment. iii. Referendum – refers to the submission of the law or part thereof passed by the national or local legislative body to the voting citizens of the country for their ratification or rejection iv. Initiative – process whereby the people directly propose or enact laws. v. Recall – it is a method by which a public officer from office – during his tenure or before expiration. Who May Exercise Suffrage?  All citizens of the Philippines  Not otherwise disqualified by law  At least eighteen (18) years of age  Resident of the Philippines for at least one year and in the place where they propose to vote for at least six (6) months immediately preceding the election. Why the voting has been lowered to eighteen years old? In order to broaden the mass electoral base and in order to emphasize the role of the youth in public affairs. What does ‘residence” means? Residence – Synonymous with “domicile”, which imports not only the intention to reside in a fixed place but also personal presence in that place, coupled with the conduct indicative to such intention. It must concur the following:  Residence or bodily presence in the new locality  An intention to remain there REVIEWER IN PHILIPPINE CONSTITUTION (2nd Semester – Finals)  An intention to abandon the old domicile or residence. May a citizen residing abroad exercise the right to suffrage? Yes. Under RA 9189 – now allows citizens residing abroad to vote even as they are recognized as immigrants by the country of their residence subject to certain conditions such as Actual physical permanent residence in the Philippines not later than 3 years from the registration of this Act, and requirements under the Principle of Domiciliary. We call them “Absentee Voters” Who prescribes disqualification? The CONGRESS is given the discretion to create disqualification. However, the Congress is prohibited from prescribing any literacy, property, or other substantive requirements. Section 2. The Congress shall provide a system for securing the secrecy and sanctity of the ballot as well as a system for absentee voting by qualified Filipinos abroad. The Congress shall also design a procedure for the disabled and illiterates to vote without the assistance of other persons. Until then, they shall be allowed to vote under existing laws and such rules as the Commission on Elections may promulgate to protect the secrecy of the ballot. Is absentee voting allowed? Yes. Under RA 9189 What is the rule? All citizens of the Philippines abroad, who are not otherwise disqualified by law, at least eighteen (18) years of age on the day of the elections, may vote for President, Vice-President, Senators and Party-List Representatives. ARTICLE IV: CITIZENSHIP Section 1. The following are the citizens of the Philippines. 1. Those who are citizens of the Philippines at the time of the adoption of this Constitution; 2. Those whose fathers or mothers are citizens of the Philippines; 3. Those born before January 17, 1973 of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority; and 4. Those who are naturalized in accordance with law. Meaning of Citizenship Membership of a citizen in a political society, which membership implies, reciprocally, a duty of allegiance (loyalty) on the part of the member and duty of protection of the part of the State. Meaning of Citizen  Is a person having the title of citizenship.  Member of a democratic community who enjoys full civil and political rights. General Ways of Acquiring Citizenship A. Involuntary- citizens by birth, by blood relation or place of birth. 2 principles govern citizenship by birth; 1. Jus Sanguinis - The acquisition of birth is by or through blood relations 2. Jus Soli - The acquisition of birth is by or through place of birth. B. Voluntary- citizens by Naturalization. Meaning of Naturalization The act of formally adopting a foreigner into the political body of the state and clothing him with the rights and privileges of citizenship. Ways of Acquiring Citizenship by Naturalization By Judgment of the Court – foreigner must apply for naturalization with the proper Regional Trial Court. By Direct Act of Congress – law making body simply enacts an act directly conferring citizenship on a foreigner. By Administrative Proceedings – Under RA 9139 known as “the Administrative Naturalization Law of 2000”. Foreigner residing in the Philippines may be granted citizenship by administrative proceedings before a Special Committee on Naturalization subject to certain requirements dictated by national security and interest. Loss of Citizenship (Sec. 3) Events when a Filipino citizen loss citizenship: A. VOLUNTARY REVIEWER IN PHILIPPINE CONSTITUTION (2nd Semester – Finals)  Able to read and write  At least 40 years old on the day of the election  Resident of the Philippines for at least 10 years immediately preceding the election. SECTION 3. The Vice President has the same qualifications as the President. Manner of Election and Terms of Office for President (Sec. 4)  The President shall be elected by direct vote of the people.  The term of office for President is Six (years)  President is limited for Single term only; not qualified for re-election.  Any person who has succeeded as president and served for more than 4 years shall NOT be qualified for election for the same office anytime. Manner of Election and Terms of Office for Vice - President (Sec. 4)  The Vice - President shall be elected by direct vote of the people.  The term of office for Vice-President is Six (years) for 1 term.  Vice - President is qualified for re-election, thus 2 terms. Section 5. Oath of office of the President. Section 6. Salary and Emoluments.  Salary will be determined by law.  No increase and decrease of salaries for President and VP during their tenure. Increase of salary will take effect only after the expiration of terms of office.  Pres. & VP is prohibited to receive any other emoluments during their TENURE. PRESIDENTIAL SUCCESSION (Sec. 7 - 12) Vacancies at the beginning of the term PRESIDENTIAL SUCCESSION (Sec. 7 - 12) Vacancies after the office is initially filled. What will happen to the Office of the Vice – President?  President will nominate new VP from any member of either House of Congress.  Nominee shall assume office upon confirmation by majority vote of all members of Congress (Senate and House of Representative), voting separately. Note: Nominee forfeits office in Congress. Who are the Impeachable Officials?  President  Vice – President  Members of the Constitutional Commissions  Justices of the Supreme Court  Ombudsman (Note: When the PRESIDENT is the impeachable officer, the Chief Justice of the Supreme Court will preside; Congress – Senate and House of Representative will prosecute) Grounds for Impeachment  Culpable violation of the Constitution  Treason  Bribery  Betrayal of public trust  Graft and corruption  Other high crimes REVIEWER IN PHILIPPINE CONSTITUTION (2nd Semester – Finals) Limitations of the President, VP, Cabinet Members, Deputies and Assistant to the Cabinet members. Prohibitions:  Holding gov’t offices and employment; unless  Practicing directly or indirectly any other profession during their tenure.  Participating in business.  eing financially interested in any contract; whether franchise, special privileged granted by the govt., and or any subdivision; agency; instrumentality including GOCC (Govt. Owned and Controlled Corporations) Prohibitions on the Power to Appoint The President is prohibited to appoint his/her spouse and the 4th civil degree relatives (consanguinity or affinity) to the following positions:  Members of the Constitutional Commissions  Office of the Ombudsman  Department Secretaries  Department under – Secretaries  Chairman or heads of bureaus, or offices including GOCC and their subsidiaries. Powers of the President  Power to Appoint (Sec. 14-16)  Power of Control and Supervision (Sec. 17)  Military Powers/Commander in Chief Powers (Sec. 18)  Executive Clemency/Pardoning power (Sec. 19)  Power to Contract of Guarantee Foreign Loans (Sec. 20)  Foreign Relation Powers (Sec. 21) Power to Appoint  Executive in nature; Congress cannot usurp such function.  Appointing power is Presidents’ prerogative.  The President may appoint the following: Heads of the Executive Department, Ambassadors, Public Ministers, Consuls, AFP Officers from rank of Colonel to naval captain, other officers whose appointment is vested in the President by the Constitutions such as COMELEC, COA & CSC Chairs, Judicial & Bar Council Regular members, The Ombudsman and Deputies, Sectoral Representative in Congress. (Note: These appointments need CA confirmation) Other officers may be appointed by the PRESIDENT, not provided by the Constitutions but provided by LAW.  Chairman and Members of the Commission on Human Rights  Congress, by law may appoint NLRC Commissioners, Bangko Sentral Governor (Appoint may be addressed to the President; may affirm & voluntary submit proposal for CA confirmation) Procedure of Appointment Appointment that needs CA Confirmation: 1. Nomination by President 2. Confirmation by CA 3. Appointment by President; and 4. Acceptance by appointee (Note: Anytime even if all four steps have been complied, the PRESIDENT may withdraw the nomination/appointment) Appointment that does NOT need CA Confirmation 1. Appointment by the President; and 2. Acceptance by the appointee (Note: Once appointee accepts, the PRESIDENT can no longer withdraw the appointment) Power of Control and Supervision POWER OF CONTROL - the power to modify, alter, or set aside what a subordinate officer has done in the performance of his duties, to substitute the judgement of the officer for that of his subordinate.  The president exercises power of control over all the executive departments, bureaus and offices.  Note: Power over GOCC is not derived from the constitution but from Statute. Power of General Supervision  The of a Superior officer to ensure that the laws are faithfully exercise by subordinates.  The power of the PRESIDENT over local government units is only of general supervision. (Interference can only be possible among chief executives when actions are contrary to law)  Execution to laws is an OBLIGATION to the PRESIDENT. The PRESIDENT cannot suspend the laws.  The power of supervision does not necessarily include the power of control; REVIEWER IN PHILIPPINE CONSTITUTION (2nd Semester – Finals) however, the power of control necessarily includes the power of general supervision. Military Power (Commander-in-Chief Power)  The PRESIDENT has the power to call out the Armed Forces of the Philippines (AFP) to prevent or suppress lawless violence, invasion or rebellion.  Organize court martial and create military commissions. Declaration of Martial Law 1. The President can: a. Legislate b. Order the arrest of people who obstruct the war effort. 2. The following cannot be done: a. Suspend the operation of the constitution. b. Supplant the functioning of the Civil Courts and the Legislative assemblies. c. Confer jurisdiction upon military courts and agencies over civilians, where civil courts. How to lift the proclamation of MARTIAL LAW? 1. The president will lift such proclamation 2. By revocation of Congress 3. Nullification by the Supreme Court 4. By operation of law after 60 days period. Pardoning Power - Discretionary to the President, may not be controlled by the legislature or reversed by the court, unless there is a constitutional violation. Pardon - the act of grace which exempts individual on whom it is bestowed from punishment which the law inflicts for a crime he has committed. Amnesty - act of grace, concurred in by the legislature, usually extended to classes of persons who committed political offenses, which puts into oblivion the offenses itself. Borrowing Power (SEC. 21) a. The PRESIDENT may contract or guarantee foreign loans on behalf of the Republic with the concurrence of the Monetary Board, subject to such limitations as may be provided by law. b. Monetary board shall submit to Congress report on loans within 30 days from end of every quarter. Diplomatic Power (Sec. 21) - No treaty or international agreement shall be valid and effective unless concurred in by at least 2/3 votes of all members of Senate. Budgetary Power (Sec. 21) - Within 30 days from opening of every regular session, President shall submit to Congress a budget of expenditures and sources of finances including receipts from existing and propose revenue measures. Informing Power (Sec. 23) - PRESIDENT shall address Congress at the opening of its regular session. President may also appear before it any other time. Residual Power (Sec. 21) - Whatever is not legislative and judicial, is RESIDUAL power exercised by the President.  Other Powers:  Call Congress to a special session  Approve or veto bills  Deport aliens  Consent to deputization of government by personnel by COMELEC  Discipline such deputies REVIEWER IN PHILIPPINE CONSTITUTION (2nd Semester – Finals)  File petitions for exclusion or inclusion of voters, investigate violations of election laws  Recommend to Congress measures to minimize election spending  Recommend to the President the removal of any officer or employee deputized  Submit to the President and Congress a comprehensive report of each election, plebiscite, initiative, referendum or recall  Section 4: During the election period, supervise the grant of franchise for operation of transportation and other public utilities OTHER PROVISIONS  Comelec may sit en banc or in two divisions  Can promulgate its own rules of procedure  All pardons on election of offenses should be with recommendation of Comelec  Votes for a party-list shall only be counted if registered with Comelec  Free and open party system  Election period: 90 days before election day COMMISSION ON AUDIT  Chairman and 2 Commissioners  Natural-born citizens  35 years of age  Certified public accountant with 10 years auditing experience  Members of the IBP with 10 years experience  Not candidates in preceding election  Term: 7 (Chair),5 (1 member) 3 (1 member)  Appointment: President with confirmation of Commission on Appointments  No reappointment, no temporary capacity POWERS  Post-audit  Constitutional bodies, commissions and offices granted fiscal autonomy  Autonomous colleges and universities  Other GOCCs and subsidiaries  NGOs receiving subsidy from government, directly or indirectly  Pre-audit  If the internal control system of the audited agencies is inadequate  EXCLUSIVE AUTHORITY: define the scope of its audit, establish techniques and methods, promulgate accounting rules and regulations NOTE!  NO LAW SHALL BE PASSED EXEMPTING AN ENTITY OF GOVERNMENT FROM AUDIT ARTICLE X: Local Government  Enactment of a Local Government Code  President shall exercise general supervision over local governments  Term: 3 years  Division, creation, merger, abolition: original power to Congress with a plebiscite on all affected areas  Mama-o vs. Carague, G.R. No. 89965, Nov 19, 1989  Establishment of ARMM and CAR ARTICLE XI: Accountability  A public office is a public trust  Impeachable Officials  President  Vice-President  Members of the ConCommissions  Justices of SC  Ombudsman  Sandiganbayan: for offenses of public officials with a penalty of less than 6 years and in relation to office  Ombudsman: above 6 years and in relation to office REVIEWER IN PHILIPPINE CONSTITUTION (2nd Semester – Finals) IMPEACHMENT PROHIBITIONS ON PUBLIC OFFICIALS  Unlawful acquisition of state properties  No loan grant for a business where he or she has interest  Declaration of Assets and Liabilities annually  Allegiance to the State at all times ARTICLE XII: National Economy and Patrimony  Regalian Doctrine: All lands of the public domain belong to the State  More equitable distribution of national wealth  TYPES OF LANDS OF THE PUBLIC DOMAIN  AGRICULTURAL  FOREST OR TIMBER  MINERAL LANDS  NATIONAL PARKS  CORPORATIONS: CAN HOLD PUBLIC LANDS BY LEASE FOR 25 YEARS FOR 1,000 H  Citizens: Lease for 500 hectares and acquire 12 hectares by homestead or grant  SECTION 7  Save in cases of hereditary succession, no private lands shall be transferred or conveyed except to individuals, corporations or associations qualified to acquire or hold lands of the public domain  Operation of public utility: 60-40  Practice of all professions: Filipino citizens  No monopolies of trade OTHER ARTICLES  ARTICLE XIII SOCIAL JUSTICE AND HUMAN RIGHTS  ARTICLE XIV EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE AND SPORTS  ARTICLE XV THE FAMILY  ARTICLE XVI GENERAL PROVISIONS ARTICLE XVII: Amendments and Revisions  How undertaken? Congress  ¾ of vote of all members of Congress  Constitutional Convention  Vote of 2/3  Majority vote: submit for plebiscite People - petition of at least 12% of total registered voters, each legislative district represent by 3% of all its registered voters.  When? Once every five years OTHER REQUIREMENTS  Amendment or revision must be ratified by majority of electorate in a plebiscite not later than 60 days after approval ARTICLE XVIII: Transitory Provisions