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There are three well-settled principles of constitutional construction:first, verba legis, that is, wherever

possible, the words used in the Constitution should be given their ordinary meaning except where

technical terms are employed; second, where there is ambiguity, ratio legis est anima, meaning that the

words of the Constitution should be interpreted in accordance with the intent of its framers; and third,

ut magis valeat quam pereat, meaning that the Constitution is to be interpreted as a whole.

ARTICLE VI THE LEGISLATIVE DEPARTMENT

SEC.1. The legislative power shall be vested in the Congress of the Philippines, whichshall consist of a Senate and a House of Representatives, except to the extent reservedto the people by the provision on initiative and referendum.

Definition of Legislative Power:

The authority to make laws and to alter or repeal them.

Classification of legislative power: (O De CO)

1. Original Possessed by the people in their sovereign capacity2. Delegated Possessed by Congress and other legislative bodies by virtue of the

Constitution3. Constituent The power to amend or revise the Constitution4. Ordinary The power to pass ordinary laws

Note:

The original legislative power of the people is exercised via initiative and referendum. In thismanner, people can directly propose and enact laws, or approve or reject any act or law passedby Congress or a local government unit.

Limits on the legislative power of Congress:

1. Substantive limitations on the content of laws. E.g. no law shall be passed establishing astate religion.

2. Procedural limitations on the manner of passing laws. E.g. generally a bill must go throughthree readings on three separate days.

Note:Provided that these two limitations are not exceeded, Congress legislative power is

plenary.

Corollaries of legislative power:

1. Congress cannot pass irrepealable laws. Since Congress powers are plenary, and limitedonly by the Constitution, any attempt to limit the powers of future Congresses via anirrepealable law is not allowed.

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2. Congress, as a general rule, cannot delegate its legislative power. Since the people havealready delegated legislative power to Congress, the latter cannot delegate it any further.

EXCEPTIONS:

1. Delegation of legislative power to local government units;

2. Instances when the Constitution itself allows for such delegation [see Art. VI Sec. 23(2)]

What may Congress delegate:

Congress can only delegate, usually to administrative agencies, RULE-MAKING POWER orLAW EXECUTION. This involves either of two tasks for the administrative agencies:

1. Filling up the details on an otherwise complete statute; or2. Ascertaining the facts necessary to bring a contingent law or provision into actual

operation.

Sections 2-4. SENATE

Composition

24 senators who shall be elected at large by the qualified voters of the Philippines, as may beprovided by law.

Qualifications

1. Natural-born citizen;2. At least 35 years old on the day of election;3. Able to read and write;4. A registered voter; and

5. Philippine resident for at least 2 years immediately preceding the day of the election.

Note: The qualifications of both Senators and Members of the House are limited to thoseprovided by the Constitution. Congress cannot, by law, add or subtract from thesequalifications.

Term of Office:

6 years, commencing (unless otherwise provided by law) at noon, 30 June next following theirelection.

Term Limitations:

1. No Senator shall serve for more than 2 consecutive terms.2. Voluntary renunciation of office for any length of time shall not be considered as an

interruption in the continuity of his service for the full term for which he was elected.

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Sections 5-7. HOUSE OF REPRESENTATIVES

Composition:

1. Not more than 25 members, unless otherwise fixed by law; and2. Party-list Representatives

Election of 250 members

1. They shall be elected from legislative districts apportioned among the provinces, cities andthe Metropolitan Manila area.

2. Legislative districts are apportioned in accordance with the number of inhabitants of eacharea and on the basis of a uniform and progressive ratio.

a. Each district shall comprise, as far as practicable, contiguous, compact and adjacentterritory;

b. Each city with at least 250,000 inhabitants will be entitled to at least onerepresentative.

c. Each province will have at least one representative.d. Legislative districts shall be re-apportioned by Congress within 3 years after the

return of each census. According to Jack, however, while the apportionment ofdistricts is NOT a political question, the judiciary CANNOT compel Congress to dothis.

e. The standards used to determine the apportionment of legislative districts is meant toprevent gerrymandering, which is the formation of a legislative district out ofseparate territories so as to favor a particular candidate or party.

Qualifications

1. Natural born citizen of the Philippines;

2. At least 25 years old on the day of the election;3. Able to read and write;4. Registered voter in the district he seeks to represent; and5. A resident of such district for at least one year immediately preceding the day of the

election.

Term of Office

1. Each member of the House shall be elected for a term of three (3) years which shallcommence (unless otherwise provided for by law) at noon on 30 June next following theirelection.

2. Voluntary renunciation of office for any length of time shall not be considered as an

interruption in the continuity of his service for the full term for which he was elected.

Term Limitations

No member of the House of Representatives shall serve for more than three (3) consecutiveterms.

Distinctions between Term and Tenure

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1. Definition

a. Terms means the period during which the elected officer is legally authorized toassume his office and exercise the powers thereof.

b. Tenure is the actual period during which such officer actually holds his position.

2. Limitation/Possible Reductiona. Term CANNOT be reduced.b. Tenure MAY, by law, be limited. Thus, a provision which considers an elective office

automatically vacated when the holder thereof files a certificate of candidacy foranother elective office (except President and Vice-President) is valid, as it onlyaffects the officers tenure and NOT his constitutional term.

Party-List Representatives

1. Constitute 20% of the total number of representatives, including those under the party-listsystem (thus a maximum of 50 party-list members of the House)

2. However, for 3 consecutive terms from 2 February 1987 (i.e., the 1987-92, 92-95 and 95-98terms), 25 seats shall be allotted to sectoral representatives. Under Art. XVIII, Sec. 7, thesectoral representatives are to be appointed by the President until legislation otherwiseprovides.

3. Mechanics of the party-list system:a. Registered organizations submit a list of candidates in order of priority.b. During the elections, these organizations are voted for at large.c. The number of seats that each organization gets out of the 20% allotted to the

system depends on the number of votes they get.

4. Qualifications

a. Natural born citizen of the Philippinesb. At least 25 years of age on the day of the electionc. Able to read and write

SEC. 9. In case of vacancy in the Senate or in the House of Representatives, a SPECIALELECTION may be called to fill such vacancy in the manner prescribed by law, but theSenator or Member of the House of Representatives thus elected shall serve only for theunexpired term.

SEC. 10. Salaries of Senators and Members of the House

Determination of Salaries:

Salaries of Senators and Members of the House of Representatives shall be determined by law.

Rule on increase in salaries:

No increase in their salaries shall take effect until after the EXPIRATION OF THE FULLTERM (NOT TENURE) OF ALL THE MEMBERS OF THE SENATE AND THE HOUSE OFREPRESENTATIVES APPROVING SUCH INCREASE.

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Note: Since the Constitution provides for rules on salaries and not on emoluments, ourdistinguished legislators can appropriate for themselves other sums of money such as travelallowances, as well as other side benefits.

SEC. 11: CONGRESSIONAL IMMUNITIES

1.) Immunity from arrest:

a. Legislators are privileged from arrest while Congress is in session with respect tooffenses punishable by up to 6 years of imprisonment. Thus, whether Congress is inregular or special session, the immunity from arrest applies.

b. If Congress is in recess, members thereof may be arrested.c. The immunity is only with respect to arrests and NOT to prosecution for criminal

offenses.

2.) Legislative privilege:

a. No member shall be questioned or held liable in any forum other than his/her respectiveCongressional body for any debate or speech in the Congress or in any Committeethereof.

b. Limitation on the privilege:

(i) Protection is only against forum other than Congress itself. Thus forinflammatory remarks which are otherwise privileged, a member may be

sanctioned by either the Senate or the House as the case may be.(ii) The speech or debate must be made in performance of their duties as members

of Congress. This includes speeches delivered, statements made, votes cast, aswell as bills introduced, and other activities done in performance of their officialduties.

(iii) Congress need NOT be in session when the utterance is made, as long as itforms part of legislative action, i.e. part of the deliberative and communicativeprocess used to participate in legislative proceedings in consideration ofproposed legislation or with respect to othermatters with Congress jurisdiction.

SEC. 12. All Members of the Senate and the House of Representatives shall, uponassumption of office, make a full disclosure of their financial and business interests.

They shall notify the House concerned of a potential conflict of interest that may arisefrom the filing of a proposed legislation of which they are authors.

SEC. 13-14: CONGRESSIONAL DISQUALIFICATIONS:

Disqualifications:

DISQUALIFICATION WHEN APPLICABLE

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1. Senator/Member of the House cannothold any other office or employment in theGovernment or any subdivision, agency orInstrumentality thereof, including GOCCSor their subsidiaries.

During his term. If he does so, he forfeitshis seat.

2. Legislators cannot be appointed to anyoffice.

IF the office was created or theemoluments thereof increased during theterm for which he was elected.

3. Legislators cannot personally appear ascounsel before any court of justice,electoral tribunal, quasi-judicial andadministrative bodies.

During his term of office.

4. Legislators cannot be financiallyinterested directly or indirectly in any

contract with or in any franchise, or specialprivilege granted by the Government, orany subdivision, agency or instrumentalitythereof, including any GOCC or itssubsidiary.

During his term of office.

5. Legislators cannot intervene in anymatter before any office of thegovernment.

When it is for his pecuniary benefit orwhere he may be called upon to act onaccount of his office.

SEC. 15: REGULAR AND SPECIAL SESSIONS

Regular Sessions:

1.) Congress convenes once every year on the 4 th Monday of July (unless otherwise providedfor by law)

2.) Continues in session for as long as it sees fit, until 30 days before the opening of the nextregular session, excluding Saturdays, Sundays, and legal holidays.

Special Sessions:

Called by the President at any time when Congress is not in session.

SEC. 16. Officers:

1.) Senate President;2.) Speaker of the House; and3.) Each House may choose such other officers as it may deem necessary.

Election of Officers

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By a majority vote of all respective members.

Quorum to do business:1. Majority of each House shall constitute a quorum.2. A smaller number may adjourn from day to day and may compel the attendance of absent

members.3. In computing a quorum, members who are outside the country and thus outside of each

Houses coercive jurisdiction are not included.

Internal Rules:

1. Each House shall determine its own procedural rules.2. Since this is a power vested in Congress as part of its inherent powers, under the principle

of separation of powers, the courts cannot intervene in the implementation of these rulesinsofar as they affect the members of Congress.

3. Also, since Congress has the power to make these rules, it also has the power to ignorethem when circumstances so require.

Discipline:

1.) Suspensiona. Concurrence of 2/3 of ALL its members andb. Shall not exceed 60 days.

2.) Expulsiona. Concurrence of 2/3 of ALL its members.

Congressional Journals and Records:

1.) The Journal is conclusive upon the courts.2.) BUT an enrolled bill prevails over the contents of the Journal.3.) An enrolled bill is the official copy of approved legislation and bears the certifications of the

presiding officers of each House. Thus where the certifications are valid and are notwithdrawn, the contents of the enrolled bill are conclusive upon the courts as regards theprovision of that particular bill.

Adjournments:

1.) Neither House can adjourn for more than 3 days during the time Congress is in sessionwithout the consent of the other House.

2.) Neither can they adjourn to any other place than that where the two houses are sitting,

without the consent of the other.

Section 17: THE ELECTORAL TRIBUNAL

The Senate and the House shall each have an Electoral Tribunal which shall becomposed of:

1. 3 Supreme Court Justices to be designated by the Chief Justice; &2. 6 Members of the Senate or House, as the case may be.

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The senior Justice in the Electoral Tribunal shall be its Chairman.

Note: The congressional members of the ETs shall be chosen on the basis of proportionalrepresentation from the political parties and party-list organizations.

Jurisdiction:

1.) Each ET shall be the sole judge of all CONTESTS relating to the election, returns, andqualifications of their respective members. This includes determining the validity or invalidityof a proclamation declaring a particular candidate as the winner.

2.) An election contest is one where a defeated candidate challenges the qualification andclaims for himself the seat of a proclaimed winner.

3.) In the absence of an election contest, the ET is without jurisdiction. However, the power ofeach House to expel its own members or even to defer their oath-taking until theirqualifications are determined may still be exercised even without an election contest.

Issues regarding the Electoral Tribunals:

1.) Since the ETs are independent constitutional bodies, independent even of the House fromwhich the members are respectively taken, neither Congress nor the Courts may interferewith procedural matters relating to the functions of the ETs, such as the setting of deadlinesor filing their election contests with the respective ETs.

2.) The ETs being independent bodies, its members may not be arbitrarily removed from theirpositions in the tribunal by the parties which they represent. Neither may they be removedfor not voting according to party lines, since they are acting independently of Congress.

3.) The mere fact that the members of either the Senate or the House sitting on the ET arethose which are sought to be disqualified due to the filing of an election contest against themdoes not warrant all of them from being disqualified from sitting in the ET. The Constitutionis quite clear that the ET must act with both members from the SC and from the Senate orthe House. If all the legislator-members of the ET were to be disqualified, the ET would notbe able to fulfill its constitutional functions.

4.) Judicial review of decisions of the ETs may be had with the SC only insofar as the decisionor resolution was rendered without or in excess of jurisdiction or with grave abuse ofdiscretion constituting denial of due process.

Section 18: THE COMMISSION ON APPOINTMENTS

Composition:

1.) Senate President as ex-officio chairman;2.) 12 Senators; and3.) 12 Members of the House.

Note: The 12 Senators and 12 Representatives are elected on the basis of proportionalrepresentation from the political parties and party-list organizations.

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Voting/Action

1.) The chairman shall only vote in case of a tie.2.) The CA shall act on all appointments within 30 session days from their submission to

Congress.

3.) The Commission shall rule by a majority vote of all the Members.

Jurisdiction

1.) CA shall confirm the appointments by the President with respect to the following positions:

a. Heads of the Executive Departments (except if it is the Vice-President who is appointedto the post).

b. Ambassadors, other public ministers or consuls.c. Officers of the AFP from the rank of Colonel or Naval Captain: andd. Other officers whose appointments are vested in him by the Constitution (e.g.

COMELEC members).

2.) Congress CANNOT by law prescribe that the appointment of a person to an office createdby such law shall be subject to confirmation by the CA.

3.) Appointments extended by the President to the above-mentioned positions while Congressis not in session shall only be effective until disapproval by the CA or until the next

adjournment of Congress.

Meetings of the CA

1.) CA meets only while Congress is in session.2.) Meetings are held either at the call of the Chairman or a majority of all its members.3.) Since the CA is also an independent constitutional body, its rules of procedure are also

outside the scope of congressional powers as well as that of the judiciary.

Note: The ET and the CA shall be constituted within 30 days after the Senate and the House ofRepresentative shall have been organized with the election of the President and the Speaker.

Sections 21-22: LEGISLATIVE INQUIRIES

Scope:

1. Either House or any of their committees may conduct inquires in aid of legislation. 2. In aid of legislation does not mean that there is pending legislation regarding the subject of

the inquiry. In fact, investigation may be needed for purposes of proposing futurelegislation.

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3. If the stated purpose of the investigation is to determine the existence of violations of thelaw, the investigation is no longer in aid of legislation but in aid of prosecution. Thisviolates the principle of separation of powers and is beyond the scope of congressionalpowers.

Enforcement:

1. Since experience has shown that mere requests for information does not usually work,Congress has the inherent power to punish recalcitrant witnesses for contempt, and mayhave them incarcerated until such time that they agree to testify.

2. The continuance of such incarceration only subsists for the lifetime, or term, of such body.Once the body ceases to exist after its final adjournment, the power to incarcerate ceases toexist as well. Thus, each Congress of the House lasts for only 3 years. But if one isincarcerated by the Senate, it is indefinite because the Senate, with its staggered terms, is acontinuing body.

3. BUT, in order for a witness to be subject to this incarceration, the primary requirement is that

the inquiry is within the scope of Congress powers. i.e. it is in a id of legislation.

4. The materiality of a question is determined not by its connection to any actually pendinglegislation, but by its connection to the general scope of the inquiry.

5. The power to punish for contempt is inherent in Congress and this power is sui generis. Itcannot be exercised by local government units unless they are expressly authorized to doso.

Limitations:

1. The inquiry must be conducted in accordance with the duly published rules of procedure ofthe House conducting the inquiry; and

2. The rights of persons appearing in or affected by such inquiries shall be respected. Ex. Theright against self-incrimination.

Appearance by department heads before Congress:

1. Since members of the executive department are co-equals with those of the legislativedepartment, under the principle of separations of powers, department heads cannot be

compelled to appear before Congress. Neither may the department heads impose theirappearance upon Congress.

2. Department heads may appear before Congress in the following instances:

a. Upon their own initiative, with the consent of the President (and that of the Houseconcerned); or

b. Upon the request of either House (which cannot compel them to attend)

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3. The appearance will be conducted in EXECUTIVE SESSION when:

a. Required by the security of state or required by public interest; andb. When the President so states in writing

Sections 23-24. DECLARATION OF WAR/EMERGENCY POWERS

Vote requirement: (to declare the existence of a state of war)

1. 2/3 of both Houses, in joint session2. Voting separately

Emergency powers:

1. During times of war or other national emergency, Congress may, BY LAW, authorize thePresident to exercise powers necessary and proper to carry out a declared national policy.

2. Limitations:a. Powers will be exercised for a limited period only; andb. Powers will be subject to restrictions prescribed by Congress

3. Expiration of emergency powersa. By resolution of Congress orb. Upon the next adjournment of Congress

Sections 24-27, 30-31 LEGISLATION

Bills that must originate from the House of Representatives (Section 24)CODE: A R T Pu Lo P

1. Appropriation bills2. Revenue bills3. Tariff bills4. Bills authorizing the increase ofpublic debt5. Bills oflocal application6. Private bills

Note: The Senate may, however, propose or concur with amendments.

Appropriation bills

1. The primary and specific aim of an appropriation bill is to appropriate a sum of money fromthe public treasury.

2. Thus, a bill enacting the budget is an appropriations bill.

3. BUT: A bill creating a new office, and appropriating funds therefor is NOT an appropriationbill.

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Revenue Bill

1. A revenue bill is one specifically designed to raise money or revenue through imposition orlevy.

2. Thus, a bill introducing a new tax is a revenue bill, but a provision in, for instance, the

Videogram Regulatory Board law imposing a tax on video rentals does not make the law arevenue bill.

Bills of local application

A bill of local application, such as one asking for the conversion of a municipality into a city, isdeemed to have originated from the House provided that the bill of the House was filed prior tothe filing of the bill in the Senate even if, in the end, the Senate approved its own version.

Limitations:

1. For appropriation bills:

a. Congress cannot increase the appropriations recommended by the President for theoperation of the Government as specified in the budget.

b. Each provision or enactment in the General Appropriations Bill must relate specifically tosome particular appropriation therein and any such provision or enactment must belimited in its operation to the appropriation to which it relates.

c. The procedure in approving appropriations for Congress shall strictly follow theprocedure for approving appropriations for other departments and agencies.

d. A special appropriations bill must specify the purpose for which it is intended and must

be supported by funds actually available as certified by the National Treasurer or to beraised by a corresponding revenue proposal therein.

e. Transfer of appropriations:

i. Rule: No law shall be passed authorizing any transfer of appropriationsii. BUT the following may, BY LAW, be authorized to AUGMENT any item in the

general appropriations law for their respective offices from savings in other itemsof their respective appropriations

- President- President of the Senate- Speaker of the House of Representatives

-Chief of Justice of the Supreme Court

- Heads of the Constitutional Commissions

f. Discretionary funds appropriated for particular officials shall be:i. Disbursed only for public purposes;ii. Should be supported by appropriate vouchers; andiii. Subject to guidelines as may be prescribed by law.

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g. If Congress fails to pass General Appropriations Bill (GAB) by the end of any fiscal year:

i. The GAB for the previous year is deemed reenactedii. It will remain in full force and effect until the GAB is passed by Congress.

2. For law granting tax exemption

It should be passed with the concurrence of a MAJORITY of ALL the members of Congress.

3. For bills in general

a. Every bill shall embrace only one (1) subject, as expressed in the title thereof

i. As a mandatory requirement

ii. The title does not have to be a complete catalogue of everything stated in the bill.It is sufficient if the title expresses the general subject of the bill and all the

provisions of the statute are germane to that general subject.

iii. A bill which repeals legislation regarding the subject matter need not state in thetitle that it is repealing the latter. Thus, a repealing clause in the bill is consideredgermane to the subject matter of the bill.

b. Readings

1. In order to become a law, each bill must pass three (3) readings in both Houses.2. General rule: Each reading shall be held on separate days & printed copies thereof

in its final form shall be distributed to its Members three (3) days before its passage.3. Exception: If a bill is certified as urgent by the President as to the necessity of its

immediate enactment to meet a public calamity or emergency, the 3 readings can beheld on the same day.

4. First reading only the title is read; the bill is passed to the proper committeeSecond reading Entire text is read and debates are held, and amendmentsintroduced.Third reading only the title is read, no amendments are allowed. Vote shall betaken immediately thereafter and the yeas and nays entered in the journal.

Veto power of President:

1. Every bill, in order to become a law, must be presented to and signed by the President.

2. If the President does not approve of the bill, he shall veto the same and return it with hisobjections to the House from which it originated. The House shall enter the objections inthe Journal and proceed to reconsider it.

3. The President must communicate his decision to veto within 30 days from the date ofreceipt thereof. If he fails to do so, the bill shall become a law as if he signed it.

4. This rule eliminates the pocket veto whereby the President would simply refuse to act onthe bill.

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5. To OVERRIDE the veto, at least 2/3 of ALL the members of each House must agree to pass

the bill. In such case, the veto is overriden and becomes a law without need of presidentialapproval.

6. Item veto

a. The President may veto particular items in an appropriation, revenue or tariff bill.

b. This veto will not affect items to which he does not object.

c. Definition of item

TYPE OF BILLITEM

1. Revenue/tax bill Subject of the tax and the tax rate imposed thereon2. Appropriations bill Indivisible sum dedicated to a stated purpose

d. Veto of RIDER

1. A rider is a provision which does not relate to a particular appropriation stated in thebill.

2. Since it is an invalid provision under Section 25(2), the President may veto it as anitem.

Specific limitations on legislation

1. No law shall be enacted increasing the Supreme Courts appellate jurisdiction without theSCs advice and concurrence.

2. No law shall be enacted granting titles of royalty or nobility.

Section 28. POWER TO TAX

Limitations:

1) The rule of taxation should be UNIFORM

2) It should be EQUITABLE3) Congress should evolve a PROGRESSIVE system of taxation.4) The power to tax must be exercised for a public purpose because the power exists for the

general welfare5) The due process and equal protection clauses of the Constitution should be observed.

Delegation of power to fix rates

1) Congress may, BY LAW, authorize the President to fix the following:

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a) Tariff ratesb) Import and Export Quotasc) Tonnage and wharfage duesd) Other duties and impostsWithin the framework of the national development program of the Government

2) The exercise of such power by the President shall be within the specified limits fixed byCongress and subject to such limitations and restrictions as it may impose.

Constitutional tax exemptions:

1) The following properties are exempt from REAL PROPERTY taxes(CODE: Cha Chu M- CA)

a) Charitable institutionsb) Churches, and parsonages or convents appurtenant theretoc) Mosques

d) Non-profit cemeteries; ande) All lands, buildings and improvements actually, directly and exclusively used for

religious, charitable, or educational purposes.

2) All revenues and assets of NON-STOCK NON-PROFIT EDUCATIONAL institutions areexempt from taxes and duties PROVIDED that such revenues and assets are actually,directly and exclusively used for educational purposes. (Art. XIV Sec 4 (3))

3) Grants, endowments, donations or contributions used actually, directly and exclusively foreducational purposes shall be exempt from tax. This is subject to conditions prescribed by

law. (Art. XIV. Sec 4 (4))

Section 29. Power of the Purse

1) No money shall be paid out of the National Treasury EXCEPT in pursuance of anappropriation made by law.

a) This places the control of public funds in the hands of Congress.b) BUT: This rule does not prohibit continuing appropriations. e.g. for debt servicing. This

is because the rule does not require yearly, or annual appropriation.

2) Limitations.

a) Appropriations must be for a PUBLIC PURPOSEb) Cannot appropriate public funds or property, directly or indirectly, in favor of

(i) Any sect, church, denomination, or sectarian institution or system of religion or(ii) Any priest, preacher, minister, or other religious teacher or dignitary as such.

EXCEPT if the priest, etc is assigned to:- the Armed Forces; or- any penal institution; or- government orphanage; or

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- leprosarium

c) BUT the government is not prohibited from appropriating money for a valid secularpurpose, even if it incidentally benefits a religion, e.g. appropriations for a national policeforce is valid even if the police also protects the safety of clergymen.

d) ALSO, the temporary use of public property for religious purposes is valid, as long as theproperty is available for all religions

3) Special Funds

a) Money collected on a tax levied for a special purpose shall be treated as a special fundand paid out for such purpose only.

b) Once the special purpose is fulfilled or abandoned, any balance shall be transferred tothe general funds of the Government

Section 32. INITIATIVE AND REFERENDUM

1) Through the system of initiative and referendum, the people can directly propose and enactlaws or approve or reject any act or law or part thereof passed by the Congress or locallegislative body.

2) Required Petition

a) Should be signed by at least 10% of the total number of registered votersb) Every legislative district should be represented by at least 3% of the registered votersc) Petition should be registered

The national territory of the Philippines comprises:

1. The Philippine archipelago2. With all the islands and waters embraced therein3. And all other territories over which the Philippines has sovereignty or jurisdiction4. Consisting of its

a. Terrestrialb. Fluvial; and CODE: TFAc. Aerial domains

5. Including itsa. Territorial seab. The seabedc. The subsoil CODE: TSSIOd. The insular shelves; and

e. The other submarine areas6. The waters

a. Aroundb. Between andc. Connectingd. The islands of the archipelago CODE: ABCI

Regardless of their breadth and dimensionsForm part of the INTERNAL WATERS of the Philippines

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Definition of Archipelago

An archipelago is a body of water studded with islands. The Philippine archipelago is thatbody of water studded with islands which is delineated in the Treaty of Paris (1898), asamended by the Treaty of Washington (1900) and the Treaty of Great Britain (1930).

Definition of all other territories over which the Philippines has sovereignty orjurisdiction

It includes any territory that presently belongs or might in the future belong to the Philippinesthrough any of the internationally accepted modes of acquiring territory.

Archipelagic principleTwo elements:

1. The definition of internal waters (as provided above);2. The straight baseline methodof delineating the territorial sea consists of drawing

straight lines connecting appropriate points on the coast without departing to any

appreciable extent from the general direction of the coast.

Important distances with respect to the waters around the Philippines

1. Territorial sea - 12 nautical miles (n.m.)2. Contiguous zone - 12 n.m. from the edge of the territorial sea3. Exclusive economic zone - 200 n.m. from the baseline [includes (1) and (2)]

ARTICLE II DECLARATION OF PRINCIPLES AND STATE POLICIES

Selected principles

SEC 1. The Philippines is a democratic and republican State. Sovereignty resides in thepeople and all government authority emanates from them.

Elements of a State (for municipal law purposes) CODE: PTSG

1. A community of persons, more or less numerous (PEOPLE)

2. Permanently occupying a definite portion of territory (TERRITORY)3. Independent of external control (SOVEREIGNTY)4. Possessing an organized government to which the great body of inhabitants render habitual

obedience (GOVERNMENT)

Definition of People CODE: CNCH

1. A Community of persons;2. Sufficient in Number;

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3. Capable of maintaining the continued existence of the community; and4. Held together by a common bond of law.

Definition of Sovereignty

1. LEGAL sovereignty

a. The supreme power to make law.b. It is lodged in the people.

2. POLITICAL sovereigntya. The sum total of all the influences in a state,b. Legal and non-legal,c. Which determine the course of law.

3. According to the Principle of AUTO-LIMITATION:Sovereignty is the property of the state-force due to which it has the exclusive capacity

of legal self-determination and self-restriction.

Definition of Government

1. That institution or aggregate of institutions2. by which an independent society3. makes and carries out those rules of action4. which are necessary to enable men to live in a social state5. or which are imposed upon the people forming that society by those who possess the power

or authority of prescribing them.

Classification of governments

1. De jure - one established by the authority of the legitimate sovereign

2. De facto - one established in defiance of the legitimate sovereign

Classification ofde factogovernments

1. De facto propera. That government that gets possession and control ofb. or usurps by force or by the voice of majorityc. the rightful legal governmentd. and maintains itself against the will of the latter.

2. Government ofparamount forcea. That which is established and maintained by military forces

b. who invade and occupy a territory of the enemyc. in the course of war.

3. That established as an independent governmentby the inhabitants of a country who rise ininsurrection against the parent state.

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Definition of Republican State

It is one wherein all government authority emanates from the people and is exercised byrepresentatives chosen by the people.

Definition of Democratic State

This merely emphasizes that the Philippines has some aspects of direct democracy such asinitiative and referendum.

SEC.2. The Philippines renounces war as an instrument of national policy, adopts thegenerally accepted principles of international law as part of the law of the land andadheres to the policy of peace, equality, justice, freedom, cooperation, and amity with allnations.

Kind of war renounced by the Philippines

The Philippines only renouncesAGGRESSIVE waras an instrument of national policy. It doesnot renounce defensive war.

Some "generally accepted principles of international law" recognized by the Court:

1. Right of an alien to be released on bail while awaiting deportation when his failure to leavethe country is due to the fact that no country will accept him (Mejoff v. Director of Prisons, 90Phil. 70)

2. The right of a country to establish military commissions to try war criminals (Kuroda v.Jalondoni, 83 Phil. 171)

3. The Vienna Convention on Road Signs and Signals (Agustin v. Edu, 88 SCRA 195)

Amity with all nations

This does not mean automatic diplomatic recognition of all nations. Diplomatic recognitionremains a matter of executive discretion.

SEC 3. Civilian authority is, at all times, supreme over the military. The Armed Forces ofthe Philippines is the protector of the people and the State. Its goal is to secure thesovereignty of the State and the integrity of the national territory.

Civilian authority/supremacy clause (1st sentence)

1. Civilian authority simply means the supremacy of the law because authority, under ourconstitutional system, can only come from law.

2. Under this clause, the soldier renounces political ambition.

Mark of sovereignty (2nd and 3rd sentences)

1. Positively, this clause singles out the military as the guardian of the people and of theintegrity of the national territory and therefore ultimately of the majesty of the law.

2. Negatively, it is an expression of disapproval of military abuses.

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SEC 4. The prime duty of the Government is to serve and protect the people. TheGovernment may call upon the people to defend the State and, in the fulfillment thereof,all citizens may be required, under conditions provided by law, to render personal,military, or civil service.

SEC.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 peopleof the blessings of democracy.

SEC.6. The separation of Church and State shall be inviolable.

Selected state policies

SEC.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.

SEC. 8. The Philippines, consistent with the national interest, adopts and pursues apolicy of freedom from nuclear weapons in its territory.

Policy of freedom from nuclear weapons

1. The policy PROHIBITS:a. The possession, control and manufacture of nuclear weaponsb. Nuclear arms tests.

2. The policy does NOT prohibit the peaceful uses of nuclear energy.

SEC.12. The State recognizes the sanctity of family life and shall protect and strengthenthe family as a basic autonomous social institution. It shall equally protect the life of themother and the life of the unborn from conception. etc.

Principle that the family is not a creature of the state.

Protection for the unborn

1. It is not an assertion that the unborn is a legal person.2. It is not an assertion that the life of the unborn is placed exactly on the level of the life

of the mother. Hence, when it is necessary to save the life of the mother, the life ofthe unborn may be sacrificed.

3. Under this provision, the Roe v. Wade doctrine allowing abortion up to the 6th monthof pregnancy cannot be adopted in the Philippines because the life of the unborn isprotected from the time of conception.

SEC.16. The State shall protect and advance the right of the people to a balanced andhealthful ecology in accord with the rhythm and harmony of nature.

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1. While the right to a balanced and healthful ecology is found under the declaration ofPrinciple and State Policies and not under the Bill of Rights, it does not follow that itis less important than any of the civil and political rights enumerated in the latter.(Oposa v. Factoran)

2. The right to a balanced and healthful ecology carries with it the correlative duty torefrain from impairing the environment. (Oposa v. Factoran)

SEC.26. The State shall guarantee equal access to opportunities for public service, andprohibit political dynasties as may be defined by law.

SEC. 27. The State shall maintain honesty and integrity in the public service and takepositive and effective measures against graft and corruption.

SEC. 28. Subject to reasonable conditions prescribed by law, the State adopts andimplements a policy of full public disclosure of all its transactions involving publicinterest.