POLITICAL LAW is that branch of public law which deals with the organization and operations of the governmental

organs of the State and defines the relations of the State with the inhabitants of its territory.

complying with its provisions. (de Agbayani v. PNB, 38 SCRA 429) The doctrine is applicable when a declaration of unconstitutionality will impose an undue burden on those who have relied on the invalid law. EFFECTS OF UNCONSTITUTIONALITY Orthodox View - An unconstitutional act is not a law; it confers no right; it imposes no duties; it affords no protection; it creates no office; it is, in legal contemplation, inoperative, as if it had not been passed Modern View - is less stringent - Courts simply refuse to recognize the law and determine the rights of the parties as if such statute had no existence - Certain legal effects of the statute prior to its declaration of unconstitutionality may be recognized 1987 PHILIPPINE CONSTITUTION Preamble ARTICLE I National Territory ARTICLE II Declaration of Principles and State Policies ARTICLE III Bill of Rights ARTICLE IV Citizenship ARTICLE V Suffrage ARTICLE VI Legislative Department ARTICLE VII Executive Department ARTICLE VIII Judicial Department ARTICLE IX Constitutional Commissions ARTICLE X Local Government ARTICLE XI Accountability of Public Officers ARTICLE XII National Economy and Patrimony 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 ARTICLE XVIII Transitory Provisions REQUISITIES OF JUDICIAL REVIEW [Link] case or controversy [Link] constitutional question must be raised by the proper party [Link] plea that the function be exercised at the earliest opportunity [Link] necessity that the constitutional question be passed upon in order to decide the case LOCUS STANDI or LEGAL STANDING Is defined as a right of appearance in a court of justice on a given question TAXPAYER SUIT DOCTRINE

CONSTITUTION refers to that body of rules and maxims in accordance with which the powers of sovereignty are habitually exercised. with particular reference to the Constitution of the Philippines: That written instrument enacted by direct action of the people by which the fundamental powers of the government are established, limited and defined, and by which those powers are distributed among the several departments for their safe and useful exercise for the benefit of the body politic

Purpose: To prescribe the permanent framework of a system of government, to assign to the several departments their respective powers and duties, and to establish certain first principles on which the government is founded ESSENTIAL PARTS OF A GOOD WRITTEN CONSTITUTION

Constitution

of Liberty: The series of prescriptions setting forth the fundamental civil and political rights of the citizens and imposing limitations on the powers of government as a means of securing the enjoyment of those rights, e.g., Art. III. of Government: The series of provisions outlining the organization of the government, enumerating its powers, laying down certain rules relative to its administration, and defining the electorate, e.g., Arts. VI, VII, VIII and IX. of Sovereignty: The provisions pointing out the mode or procedure in accordance with which formal changes in the fundamental law may be brought about, e.g., Art. XVII.

Constitution

Constitution

SUPREMACY OF THE CONSTITUTION The Constitution is the basic and paramount law to which all other laws must conform and to which all persons, including the highest officials of the land, must defer No act shall be valid, however noble its intentions, if it conflicts with the Constitution The Constitution must ever remain supreme. All must bow to the mandate of this law. Right or wrong, the Constitution must be upheld as long as it has not been changed by the sovereign people, lest its disregard result in the usurpation of the majesty of law by the pretenders to illegitimate power. DOCTRINE OF CONSTITUTIONAL PRESUMPTION Every statute is presumed valid Before the legislature passes a bill, it is presumed that it has decided the measure to be constitutional; and when the President approves the bill, it is presumed that he has been convinced of its validity It is but a decent respect due to the wisdom, integrity, and the patriotism of the legislature, by which the law is passed, and the Chief Executive, by whom the law is approved, to presume of its constitutionality OPERATIVE FACT DOCTRINE

To allow taxpayers to question contracts entered into by the national government or government-owned or -controlled corporations allegedly in contravention of law Taxpayers are allowed to sue when there is a claim of illegal disbursement of public funds, or if public money is being deflected to any improper purpose, or when petitioners seek to restrain respondent from wasting public funds through the enforcement of an invalid or unconstitutional law

It

simply means that the declaration of unconstitutionality of a law, treaty, etc., is prospective. As such, all acts done in connection with the said law before its declaration of unconstitutionality shall be considered legal, valid and binding. It is only the declaration of unconstitutionality which is the operative fact which would stop the people from

JUSTICIABLE QUESTION A purely justiciable question implies a given right, legally demandable and enforceable, an act or omission violative of such right, and a remedy granted and sanctioned by law, for said breach of right

 The judiciary in such cases would not be encroaching upon the exclusive functions of another department as it is the particular role of the courts to ensure proper observance of the norms if action prescribed by the Constitution POLITICAL QUESTION The matter falls under the discretion of another department or especially the people themselves, the decision reached is in the category of a political question and consequently may not be the subject of judicial review Considerations affecting the wisdom, efficacy or practicability of a law should come under the exclusive jurisdiction of the Congress STATE is a community of persons, more or less numerous, permanently occupying a fixed territory, and possessed of an independent government organized for political ends to which the great body of inhabitants render habitual obedience

2.

Distinguished from Nation: State is a legal or juristic

concept, while nation is an ethnic or racial concept

Distinguished

from Government: Government is merely an instrumentality of the State through which the will of the State is implemented and realized

Those defined in the treaty conclude between the United States and Spain on November 7, 1900, which were not defined in the Treaty of Paris, specifically the islands of Cagayan, Sulu and Sibuto. 3. Those defined in the treaty concluded on January 2, 1930, between the United States and Great Britain, specifically the Turtle and Mangsee islands. 4. The island of Batanes, which was covered under a general statement in the 1935 Constitution. 5. Those contemplated in the phrase belonging to the Philippines by historic right or legal title in the 1973 Constitution. ARCHIPELAGO DOCTRINE o under which we connect the outermost points of our archipelago with straight baselines and consider all the waters enclosed thereby as internal waters o the second sentence of Article I is an affirmation of this doctrine, it states that: The waters around, between, and connecting the islands of the archipelago, regardless of its breath and dimensions, form part of the internal waters of the Philippines. c. GOVERNMENT is the agency or instrumentality through which the will of the State is formulated, expressed and realized Functions: o Constituent Functions constitute the very bonds of society and are therefore compulsory among the constituent functions are the following: [Link] keeping of order and providing for the protection of persons and property from violence and robbery; [Link] fixing of the legal relations between husband and wife and between parents and children; [Link] regulation of the holding, transmission and interchange of property, and the determination of its liabilities for debt or for crime; [Link] determination of contractual rights between individuals; [Link] definition and punishment of crimes; [Link] administration of justice in civil cases; [Link] administration of political duties, privileges and relations of citizens; and [Link] dealings of the State with foreign powers; the preservation of the State from external danger or encroachment and the advancement of its international interests. o Ministrant Functions are those undertaken to advance the general interests of society, such as public works, public charity, and regulation of trade and industry these functions are merely optional

ELEMENTS OF THE STATE

the

essential elements of a State are people, territory, government and sovereignty there are some writers who suggest two additional elements, to wit, recognition and possession of a sufficient degree of civilization a. PEOPLE refers simply to the inhabitants of the State while there is no legal requirement as to their number, it is generally agreed that they must be numerous enough to be self-sufficing and to defend themselves and small enough to be easily administered and sustained b. TERRITORY is the fixed portion of the surface of the earth inhabited by the people of the State as a practical requirement only, it must be neither too big as to be difficult to administer and defend nor too small as to be unable to provide for the needs of the population the components of territory: o Terrestrial domain the land mass and fluvial domain the inland and external waters o Aerial domain the air space above the land and waters Article I of the Constitution: 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 domain, including its territorial sea, the seabed, the subsoil, the insular shelves, and all other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of its breath and dimensions, form part of the internal waters of the Philippines. The definition in Article I now covers the following territories: 1. Those ceded to the United States by virtue of the Treaty of Paris of December 10, 1898.

o Maritime

DOCTRINE OF PARENS PATRIAE

o literally, it means parent of the people o the Government may act as guardian of the rights of the people who may be disadvantaged or suffering from some disability or misfortune

 DE JURE AND DE FACTO GOVERNMENTS o de jure government

has rightful title but no power or control, either because this has been withdrawn from it or because it has not yet actually entered into the exercise thereof de facto government is a government of fact, that is, it actually exercises power or control but without legal title

attention, to the prejudice of the public welfare

Immunity

is enjoyed by other States, consonant with the international law principle of par in parem non habet imperium. (Par in parem imperium non habet: An equal has no power over an equal.) the Head of State, who is deemed the personification of the State, is inviolable, and thus, enjoys immunity from suit

However,

GOVERNMENT OF THE PHILIPPINES o is the corporate governmental entity through which the functions of government are exercised throughout the Philippines, including, save as the contrary appears from the context, the various arms through which political authority is made effective in the Philippines, whether pertaining to the autonomous regions, the provincial, city, municipal or barangay subdivisions or other form of local government ADMIN ISTRATION o the group of persons in whose hands the reins of government are for the time being o administration is transitional whereas the government is permanent d. SOVEREIGNTY

is

the supreme and uncontrollable power inherent in a State by which that State is governed

Legal and Political Sovereignty o Legal Sovereignty is the authority which has the power to issue final commands in our country, the Congress is the legal sovereign o Political Sovereignty is the power behind the legal sovereign the different sectors that mold public opinion make up the political sovereign Internal and External Sovereignty o Internal Sovereignty refers to the power of the State to control its domestic affairs o External Sovereignty the power of the State to direct its relations with other States DOCTRINE OF STATE IMMUNITY the State may not be sued without its consent Basis: o There can be no legal right against the authority which makes the law on which the law depends o It is obvious that indiscriminate suits against the State will result in the impairment of its dignity, besides being a challenge to its supposed infallibility o Another justification is the practical consideration that the demands and inconveniences of litigation will divert the time and resources of the State from the more pressing matters demanding its

the State may be sued if it gives consent, whether express or implied. The doctrine is also known as the Royal Prerogative of Dishonesty. Forms of Consent o Express consent may be manifested either through a general law or a special law o Implied consent is given when the State itself commences litigation or when it enters into a contract Suits Against Government Agencies o Where suit is filed not against the government itself or its officials but against one of its entities, it must be ascertained whether or not the State, as the principal that may ultimately be held liable, has given consent to be sued o Incorporated Agencies has a charter of its own that invests it with a separate juridical personality, like the Social Security System, the University of the Philippines, and the City of Manila the test of suability is found in its charter the simple rule is that it is suable if its charter says so, and this is true regardless of the functions it is performing o Unincorporated Agencies is so called because it has no separate juridical personality but is merged in the general machinery of the government, like the Department of Justice, the Bureau of Mines and the Government Printing Office SUABILITY VS. LIABILITY the mere fact that the State is suable does not mean that it is liable waiver of immunity by the State does not mean concession of its liability

Suability Liability

is the result of the express or implied consent of the State to be sued

is determined after hearing on the basis of the relevant laws and established facts. Liability will have to be determined by the Court on the basis of the evidence and the applicable law The State, in many cases, may be suable but not liable PREAMBLE We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality and peace, do ordain and promulgate this Constitution.

 is not considered a source of substantive right since its purpose is only to introduce the Constitution it enumerates the primary aims and expresses the aspirations of the framers in drafting the Constitution and is also useful as an aid in the construction and interpretation of the text of the Constitution STATE PRINCIPLES REPUBLICANISM Article II, Section 1: The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them. establishes the democratic and representative nature of our government and proclaims our hostility to autocratic or totalitarian regimes The people are declared supreme. It is affirmed that every citizen is an individual repository of sovereignty the essence of republicanism is representation and renovation, the selection by the citizenry of a corps of public functionaries who derive their mandate from the people and act on their behalf, serving for a limited period only, after which they are replaced or retained at the option of their principal the purpose of republican government is the promotion of the common welfare according to the will of the people themselves Manifestations of a democratic and republican State: [Link] existence of a bill of rights [Link] observance of the rule of the majority c. The observance of the principle that ours is a government of laws, and not of men [Link] presence of elections through popular will [Link] observance of the principle of separation of powers and the system of checks and balances f. The observance of the principle that the legislature cannot pass irrepealable laws [Link] observance of the law on public officers [Link] observance of the principle that the State cannot be sued without its consent INCORPORATION CLAUSE Article II, Section 2: 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. every State, is by reason of its membership in the family of nations, bound by the generally accepted principles of international law, which are considered to be automatically part of its own laws under the 1987 Constitution, international law can become part of the sphere of domestic law either by transformation or by incorporation o The transformation method requires that an international law principle be transformed into domestic law through constitutional mechanism, such as local legislation o The incorporation method applies when, by mere constitutional declaration, international law is deemed to have the force of domestic law CIVILIAN SUPREMACY

Article II, Section 3: Civilian authority is, at all times, supreme over the military. The Armed Forces of the Philippines is the protector of the people and the State. Its goal is to secure the sovereignty of the State and the integrity of the national territory. it was felt advisable to expressly affirm this principle in order to allay all fears of a military take-over of our civilian government the President shall be the Commander-in-chief of all the armed forces of the Philippines DEFENSE OF THE STATE Article II, Section 4: The prime duty of the Government is to serve and protect the people. The Government may call upon the people to defend the State and, in fulfillment thereof, all citizens may be required, under conditions provided by law, to render personal military and civil service. This provision is based upon the inherent right of every State to existence and self-preservation By virtue of this right, a State may take up all necessary action, including the use of armed force, to repel any threat to its security PEACE AND ORDER Article II, Section 5: The maintenance of peace and order, the protection of life, liberty and property, and the promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy. SEPARATION OF CHURCH AND STATE Article II, Section 6: The separation of Church and State shall be inviolable. Was originally, and quite adequately, expressed in the bill of rights providing that no law shall be made respecting an establishment of religion or prohibiting the free exercise thereof.

The

idea is to delineate the boundaries between the two institutions and thus avoid encroachments by one against the other The doctrine cuts both ways. It is not only the State that is prohibited from interfering in purely ecclesiastical affairs; the Church is likewise barred from meddling in purely secular matters STATE POLICIES INDEPENDENT FOREIGN POLICY Article II, Section 7: The State shall pursue an independent foreign policy. In its relations with other States the paramount consideration shall be national sovereignty, territorial integrity, national interest, and the right to self-determination. An independent foreign policy simply means that one is not subordinate or subject to nor dependent upon the support of another government It is not one that completely rejects advice or assistance from without. Neither does it mean abandoning traditional allies or being isolated from the international community NUCLEAR WEAPONS-FREE Article II, Section 8: The Philippines, consistent with the national interest, adopts and pursues a policy of freedom from nuclear weapons in its territory. The intent of Section 8 is to forbid the making, storing, manufacture or testing in our country of nuclear weapons, devices or parts thereof as well

as the use of our territory as dumping site for radioactive wastes and the transit within our territory of ships or planes with nuclear weapons It does not, however, prohibit the use of nuclear energy for medicine, agriculture, and other peaceful or beneficial purposes SOCIAL JUSTICE Article II, Section 9: The State shall promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living, and an improved quality of life for all. Article II, Section 10: The State shall promote social justice in all phases of national development. Social justice is neither communism, nor despotism, nor atomism, nor anarchy, but the humanization of laws and the equalization of social and economic forces by the State so that justice in its rational and objectively secular conception may at least be approximated

their physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs. After a long period of condescension toward them, their elders finally realized the responsibility, maturity and competence of the youth in the discussion and solution of public issues and consequently began to accord greater recognition to them as a vital force in nation-building It also now sought to promote not only the civic efficiency and moral character of our young citizens but also their physical, moral, spiritual, intellectual and social well-being so that they will be fully prepared when they assume their responsibility of leadership in the direction of our countrys destiny WOMEN Article II, Section 14: The State recognizes the role of women in nation-building and shall ensure the fundamental equality before the law of women and men. It is the duty of the State to ensure that equality before the law in all aspects of national life by rectifying or ending all practices and systems that are disadvantageous to women or discriminate against them by reason merely of sex where it is not a relevant factor in making a distinction HEALTH Article II, Section 15: The State shall protect and promote the right to health of the people and instill health consciousness to them. ENVIRONMENT AND ECOLOGY Article II, Section 16: 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. EDUCATION Article II, Section 17: The State shall give priority to education, science and technology, arts, culture, and sports to foster patriotism and nationalism, accelerate social progress, and promote total human liberation and development. LABOR RIGHTS Article II, Section 18: The State shall affirm labor as a primary social economic force. It shall protect the rights of workers and promote their welfare. SELF-RELIANT AND INDEPENDENT NATIONAL ECONOMY Article II, Section 19: The State shall develop a self-reliant and independent national economy effectively controlled by Filipinos. PRIVATE SECTOR Article II, Section 20: The State recognizes the indispensable role of the private sector, encourages private enterprise, and provides incentives to needed investments.

Social

justice means the promotion of the welfare of the people, the adoption by the Government of measures calculated to insure economic stability of all the component elements of society, through the maintenance of a proper economic and social equilibrium in the interrelations of the members of the community, constitutionally, through adoption of measures legally justifiable, or extraconstitutionally, through the exercise of powers underlying the existence of all governments on the time-honored principle of salus populi est suprema lex.

HUMAN RIGHTS Article II, Section 11: The State values the dignity of every human person and guarantees full respect for human rights. In a democratic State, the individual enjoys certain rights which cannot be modified or taken away by the lawmaking body These rights are recognized or guaranteed because of the belief in the inherent dignity and worth of every human person REARING OF THE YOUTH Article II, Section 12: The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. It shall equally protect the life of the mother and the life of the unborn from conception. The natural and primary right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shall receive the support of the Government. Kindred ties are especially close in the Philippines, making the family a fundamental and important factor in the enhancement of the nation Proper recognition is therefore given to the complementary roles of the parents and the government in the rearing of the youth for the principal purposes mentioned, to wit, civil efficiency and the development of moral character The provision also seems to suggest a policy against abortion The State cannot unreasonably interfere with the exercise by parents of their natural right and duty to rear their children, but it may regulate the same under the police power Article II, Section 13: The State recognizes the vital role of the youth in nation-building and shall promote and protect

CARP Article II, Section 21:

The State shall promote comprehensive rural development and agrarian reform. INDIGENOUS AND CULTURAL COMMUNITIES Article II, Section 22: The State recognizes and promotes the rights of indigenous cultural communities within the framework of national unity and development. NON-GOVENRNMENT, COMMUNITY-BASED OR SEC-TORAL ORGANIZATIONS Article II, Section 23: The State shall encourage non-governmental, community-based or sectoral organizations that promote the welfare of the nation. COMMUNICATION AND INFORMATION Article II, Section 24: The State recognizes the vital role of communication and information in nationbuilding. LOCAL AUTONOMY Article II, Section 25: The State shall ensure the autonomy of local governments. EQUAL ACCESS TO OPPORTUNITIES Article II, Section 26: The State shall guarantee equal access to opportunities for public service, and prohibit political dynasties as may be defined by law. ANTI-GRAFT AND CORRUPTION Article II, Section 27: The State shall maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption. TRANSPARENCY IN PUBLIC TRANSACTIONS Article II, Section 28: Subject to reasonable conditions prescribed by law, the State adopts and implements a policy of full public disclosure of all its transactions involving public interest. SEPARATION OF POWERS The major powers of government are distributed among the several departments It is intended to prevent a concentration of authority in one person or group of persons that might lead to irreversible error or abuse in its exercise to the detriment of our republican institutions Legislature is generally limited to the enactment or promulgation of laws, and may not enforce or apply them; the executive to the enforcement of the laws and the judiciary to the application of laws Agencies of government are co-equal, interdependent and separate BLENDING OF POWERS Powers are not confined exclusively within one department but are in fact assigned or shared by several branches of government In example, the power of appointment can be rightfully exercised by each department It is also necessary that powers are reposed in more than one department so that they may better collaborate and in the process check each other for public good In example, powers of general appropriations (budget) and, the grants of amnesty CHECKS AND BALANCES

One department is allowed to resist encroachments upon its prerogatives or to rectify mistakes or excesses committed by each department Thus, the lawmaking power of the Congress is checked by the Presidential veto, and may be overridden by the legislature The Congress may refuse to give its concurrence to the Presidential amnesty, and the Senate to the treaty the President has concluded The President may nullify the conviction of an offender by pardon The Congress may limit the jurisdiction of the Supreme Court, and the inferior courts For the judiciary, it has the power to declare invalid an act done by the President, the Congress, Departments, or the Constitutional Commissions DELEGATION OF POWERS

The

rule is potestas delegata non delegari potest what has been delegated cannot be delegated It is based upon the ethical principle that such delegated power constitutes not only a right but a duty to be performed by the delegate through the intervening mind of another The principle of non-delegation of powers is applicable to all three major powers of the government but is especially important in the case of the legislative power because of the many instances when its delegation is permitted Such a device as applied to a hundred other similar cases can relieve the Congress of many problems that are better left to be solved by more capable entities and at the same time enable it to tackle the more serious difficulties of the country requiring its direct and immediate attention Permissible Delegation Delegation of legislative powers is permitted in the following cases: (TEPLA) [Link] of Tariff powers to the President;

[Link]

of Emergency powers President; [Link] to the People at large;

to

the

[Link] to Local governments; 5. Delegation to Administrative bodies.

Tests of Delegation [Link] Test [Link] Standard Test LEGISLATIVE DEPARTMENT LEGISLATIVE POWER Power to propose, enact, amend, and repeal laws Legislative power of Congress - includes the specific powers of appropriation, taxation, and expropriation Non-legislative power of Congress - include the power to canvass the presidential elections - to declare the existence of a state war - to give concurrence to treaties and amnesties - to propose constitutional amendments - to impeach Implied powers of Congress - power to punish contempt in legislative investigations Inherent powers of Congress - determination of its rules of proceedings - discipline of its members ELECTORAL TRIBUNALS OF THE HOUSES OF CONGRESS

 Shall be the sole judge of all contests relating to the election, returns and qualifications of their respective members BILLS EXCLUSIVELY ORIGINATING FROM THE HOUSE OF REPRESENTATIVES Appropriations Revenue or tariff bills Bills authorizing increase of the public debt Bills of local application Private bills EXECUTIVE DEPARTMENT EXECUTIVE POWER Power to enforce and administer the laws The power of carrying out the laws into practical operation and enforcing their due observance POWERS OF THE PRESIDENT Appointing Power Removal Power Control Power Take-Care Clause Military Power Pardoning Power Borrowing Power Diplomatic Power Budgetary Power Informing Power Residual Power CLASSIFICATION OF APPOINTMENTS Permanent or Temporary Permanent appointment - those extended to persons possessing the qualifications and the requisite eligibility and are thus protected by the constitutional guarantee of security of tenure Temporary Appointments - are given to persons without such eligibility, revocable at will and without the necessity of just cause or a valid investigation made on the understanding that the appointing power has not yet decided on a permanent appointee and that temporary appointee may be replaced at any time a permanent choice Is made Regular or Ad interim Regular appointment - is one made by the President while Congress is in session, takes effect only after confirmation by the Commission on Appointments, and once approved, continues until the end of term of the appointee Ad interim appointment is one made by the President while the Congress is not in session, takes effect immediately, but ceases to be valid if disapproved by the Commission on Appointments or upon next adjournment of Congress is a permanent appointment because it takes effect immediately and can no longer be withdrawn by the President once the appointee has qualified into office. DOCTRINE OF QUALIFIED POLITICAL AGENCY also known as the ALTER-EGO PRINCIPLE recognizes the establishment of a single executive, all executives and administrative organizations are adjuncts of the Executive Departments, the heads of the various executive departments are assistants and agents of the Chief Executive in lieu of the functions of the President, some of the functions of the President are delegated to the

several executive departments and considers their acts as the acts of the President DISTINGUISH PARDON FROM AMNESTY Amnesty Addressed to political offenses Classes of persons No need for distinct acts of acceptance Requires concurrence of Congress A public act which the courts may take judicial notice Looks backward and puts into oblivion the offense itself Pardon Addressed to infractions of peace of the State Acceptance is necessary Does not require the concurrence of Congress A private act which must be pleaded and proved Looks forward and relieves the pardonee of the consequences of the offense CONSTITUTIONAL COMMISSIONS The independent Constitutional commissions are: the Civil Service Commission, the Commission on Elections, and the Commission on Audit. Safeguards insuring the independence of the Commissions: [Link] are constitutionally created; may not be abolished by statute [Link] is expressly described as independent [Link] is conferred certain powers and function which cannot be reduced by statute [Link] Chairmen and members cannot be removed except by impeachment [Link] Chairmen and members are given a fairly long term of office of seven years [Link] Chairmen and members may not be reappointed or appointed in an acting capacity [Link] salaries of the Chairmen and members are relatively high and may not be decreased during continuance in office [Link] Commissions enjoy fiscal autonomy [Link] commission may promulgate its own procedural rules, provide they do not diminish, increase or modify substantive rights 10. The Chairmen and members are subject to certain disqualifications calculated to strengthen their integrity 11. The Commissions may appoint their own officials and employees in accordance with Civil Service Law CIVIL SERVICE COMMISSION Composition: 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. Constitutional Objectives/Functions:

 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. JUDICIAL DEPARTMENT DOCTRINE OF JUDICIAL SUPREMACY It is the doctrine that the Supreme Court has the last word on most of the country's important issue

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. ACCOUNTABILITY OF PUBLIC OFFICERS Statement of Policy: Public office is a public trust. Public officers and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty, and efficiency, act with patriotism and justice, and lead modest lives. IMPEACHMENT An national inquest into the conduct of public men Impeachable Officers: - President - Vice-President - Chief Justice and Associate Justices of the Supreme Court - Chairmen and Members of the Constitutional Commissions - Ombudsman Grounds for Impeachment: - Culpable violation of the Constitution - Treason - Bribery - Graft and Corruption - Other high crime - Betrayal of public trust Procedure for Impeachment - The House of Representatives shall have the exclusive power to initiate all cases of impeachment - A verified complaint may be filed by any Member of the House of Representatives or by any citizen upon a resolution of endorsement by any Member thereof, which shall be included in the Order of Business within ten session days, and referred to the proper Committee within three session days thereafter. The Committee, after hearing, and by a majority vote of all its Members, shall submit its report to the House within sixty session days from such referral, together with the corresponding resolution. The resolution shall be calendared for consideration by the House within ten session days from receipt thereof. - A vote of at least one-third of all the Members of the House shall be necessary either to affirm a favorable resolution with the Articles of Impeachment of the Committee, or override its contrary resolution. The vote of each Member shall be recorded.

- In case the verified complaint or resolution of impeachment is filed by at least one-third of all the Members of the House, the same shall constitute the Articles of Impeachment, and trial by the Senate shall forthwith proceed. - No impeachment proceedings shall be initiated against the same official more than once within a period of one year. - The Senate shall have the sole power to try and decide all cases of impeachment. When sitting for that purpose, the Senators shall be on oath or affirmation. When the President of the Philippines is on trial, the Chief Justice of the Supreme Court shall preside, but shall not vote. No person shall be convicted without the concurrence of two-thirds of all the Members of the Senate. - Judgment in cases of impeachment shall not extend further than removal from office and disqualification to hold any office under the Republic of the Philippines, but the party convicted shall nevertheless be liable and subject to prosecution, trial, and punishment according to law. - The Congress shall promulgate its rules on impeachment to effectively carry out the purpose of this section. NATIONAL ECONOMY AND PATRIMONY REGALIAN DOCTRINE All lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural resources are owned by the State. With the exception of agricultural lands, all other natural resources shall not be alienated. All lands not otherwise clearly appearing to be privately owned are presumed to belong to the State