BILL OF RIGHTS PHILIPPINES PDF
implements a policy of full public disclosure of all its transactions involving public interest. ARTICLE III. BILL OF RIGHTS. Section 1. No person shall be deprived. THE CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES – ARTICLE III. ARTICLE III. BILL OF RIGHTS. Section 1. No person shall be deprived of. Philippine Constitution Article III. Bill of Rights Bill of rights – declaration and enumeration of a person's Exemptions: rights and privileges which the.
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- the Philippines was ceded by Spain to United States by the Treaty of Paris . Existence of Bill of Rights (weinratgeber.info) Section 6: The separation of Church and. Bill of Rights. SEC. Be it enacted by the Senate and the House of Representatives of the Philippines in The following terms as used in this Act shall mean as. THE PHILIPPINE BILL OF RIGHTS. ROBERT AURA SMITH. ARTICLE III of the Philippine Constitution is the Bill of Rights. It establishes the relationship of the.
Role of the Judiciary. No Person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.
Under the authority of the law that is valid or the Constitution itself; and 2. After compliance with fair and reasonable methods of procedure required by law. Procedural due process a. In judicial proceedings a1. An impartial court clothe by law with authority to hear and determine the matter before it; a2. Jurisdiction lawfully acquired over the person of the defendant or property which is the subject matter of the proceeding; a3.
Opportunity to be heard given the defendant; and a4. Judgment to be rendered after lawful hearing. In administrative proceedings 1. Substantive due process a. Thus a tax which is imposed for a private purpose constitutes a taking of property without due process as it is beyond the authority of legislature to levy.
Likewise the taking of property for private use or without payment of just compensation offends substantive due process. The prohibition against its deprivation without due process extends to all the limbs and faculties by which life is enjoyed. Deprivation of life — the loss of any of the various physical and mental attributes which man must have to live as a human being.
It is the very foundation of human rights. Deprivation of liberty — that one is unduly prevented from acting the way he wishes to do. Deprivation of property — when its value is destroyed or its adaptability to some particular use or its capability for enjoyment is impaired.
Foreign corporations are made to pay higher amount of taxes than that paid by domestic corporations. Certain professions are limited to persons of the male sex.
Certain privileges for leaves and shorter hours of labor extended o women are not extended to men. Preference is given to Filipino citizens in the lease of public market stalls. Different professions are taxed at different amount. Employment in factories of children under designated ages is prohibited.
The guarantee of equal protection and due process of law on all the organs of government and all the subordinate instrumentalities and subdivisions thereof, and on the three inherent powers of government. The guarantee is available to all persons. It does not extend to rights which are political. It is not also intended to enforce social equality. The Right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and whatever purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witness he may produce and particularly describing the place to be searched and the persons or things to be seized.
Search warrant — an order in writing, issued in the name of the People of the Philippines, signed by a judge and directed to a peace officer, commanding him to search for a certain personal property and bring it before the court. Warrant of arrest — a written order to arrest a person designated to take him in custody in order that he may be bound to answer for the commission of an offense. Persons — applies to every citizen of the Philippines including aliens whether accused of crime or not.
Houses — not limited to dwelling houses but extends to a garage, warehouse, shop, store, office and even a safety deposit vault. Papers and effect — include sealed letters and packages in the mail which may be opened and examined only in pursuance of a valid search warrant.
Issued upon probable cause. The probable cause must be determined personally by the judge himself. Such determination of the existence of probable cause must be made after examination by the judge of the complainant and the witnesses he may produce. Must particularly describe the place to be searched and the persons or things to be seized. Test of sufficiency affidavit — the true test of sufficiency of an affidavit to warrant issuance to a search warrant is whether it had been drawn in a manner that perjury could be charged thereon and affiant be held liable for damages caused in case his declaration are found to be false.
Basis of affidavit — must be based on personal knowledge or information. Place — A description of the place to be searched is sufficient if the officer wi th a search warrant can, with reasonable effort, ascertain and identify the place intended. Person — As a rule, a warrant of arrest for the apprehension of an unnamed party upon whom it is to be served is void except those cases where it contains a description of the person or such as will enable the officer to identify the accused.
Property — is required to be specific only in so far as the circumstances will ordinarily allow. Proper party to invoke right — the legality of search and seizure can be contested only by the party whose personal rights were involved. Right subject to waver — Without proper search warrant, no public official has the right to enter the premises of another without his consent for the purpose of search and seizure.
Where there is consent or waiver. Where search is an incident to a lawful arrest.
In the case of contraband or forfeited goods being transported. The possession of articles prohibited by law is disclosed to plain view or is open to eye and hand. As an incident of inspection, supervision and regulation in the exercise of police power. Routinary searches usually made at the border or at ports of entry in the interest of national security and for proper enforcement or customs and immigration laws J.
When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense. When an offense has in fact just been committed and has been personal knowledge of facts indicating that a person to be arrested has committed it.
When a person to be arrested is a prisoner who has escaped from a penal establishment where he is serving final judgment or temporarily confined while his case is pending, or has escaped while being transferred.
Right existing in the state of nature. Permissible interference. Upon lawful order of the court; or b. When public safety or order requires otherwise as prescribed by law. Intervention of the court. Inadmissible — any evidence obtained in violation of the right against unreasonable search and seizures and the right to privacy and communication. Reason — its exclusion is the only practical way of enforcing the constitutional guarantees.
Right of owner — the owner has the right that the articles seized be returned. The court shall issue the writ which shall be served upon the respondent who shall file a written return under oath with supporting affidavits.
No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances.
Promotes growth of the individual and the nation. Makes possible scrutiny of acts and conduct of public officials. Insures a responsive and popular government. Subject to regulation by the state. Subject one to liability when abused. Clear and present danger rule. Application of rule. The right of assembly means the right on the part of the citizens to meet peaceably for consultation in respect to public affairs.
The right of petition means the right of any person or group of persons, to apply without fear of penalty to the appropriate branch or office of government for redress of grievances.
Complement of right of free speech. Application of clear and present danger rule. No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights. The separation of Church and State. The freedom of religious profession and worship.
Freedom to believe in a religion. Freedom to act in accordance with such belief. Relationship with right to believe. Justification for restraint of right. Permission or condition for exercise of right. Imposition of financial burden after exercise of right. Meaning of terms a. A religious test is one demanding the avowal or repudiation of a certain religious beliefs before the performance of any act.
The expression of civil political rights supra is to be understood as including the individual right safeguarded by the Constitution and statutory laws. The State without such a bar, notwithstanding the doctrine of its separation from the Church, could in fact accord preference to a religious organization.
The liberty of abode and of changing the same within the limit prescribed by law shall not be impaired except upon lawful order of the court. Neither shall the right to travel be impaired in the interest of national security, public safety or public health, as may be provided by law.
The determination of the proper executive officer President is subject to judicial reviews. A person whose liberty of abode is violated may petition for a writ of habeas corpus against another holding him in detention. The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents, and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to limitations as maybe provided by law.
Right to Information on matters of Public Concern 1. Access to official records for exercise of right. Arguments in support of right.
Constitutionally or validity of implementing law. Scope of the Right 1. The right embraces all public records. It is limited to citizens only but is without prejudice to the right of aliens to have access to records of cases where they are litigants; and 3.
Its exercise is subject to such limitations as may be provided by law. Limitations on the Right. Public records excepted. Burden on government to justify withholding of information. The right of the people including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged.
Undoubtedly, the purpose of the constitutional guarantee is to encourage the formation of voluntary associations so that through the cooperative activities of individuals, the welfare of the nation may be advance and the government may there by receive assistance in its ever-increasing public service activities.
By enabling individuals to unite in the performance of tasks, which singly they would be unable to accomplish, such associations relieve the government of a vast burden. Private property shall not be taken for public use without just compensation.
Essential or inherent powers of government 1. Totality of governmental power - It is contained in three 3 great powers, namely: Similarities - These powers are similar in the following respects: They all rest upon necessity because there can be no effective government without them; b.
They are inherent in sovereignty; hence, they can be exercised even without being expressly granted in the Constitution although the conditions for their exercise may be regulated and limited by the Constitution and bylaw; c. They are ways by which the State interferes with private rights and property; d.
They are all legislative in character; and e. They all presuppose an equivalent compensation received, directly or indirectly, by the person affected by the exercise of these powers by the government.
Meaning of Eminent Domain - is the right or power of the State or of those to whom the power has been lawfully delegated to take private property for public use upon paying to the owner a just compensation to be ascertained according to law.
Conditions for or limitations upon its exercise 1. Existence of public use. Payment of just compensation. Observance of due process of law in the taking. Actual physical seizure not essential. Meaning of Police Power - has been referred to as the power of the State to enact such laws or regulations in relation to persons and property as my promote public health, public morals, public safety, and the general welfare and convince of the people.
Police power laws. Public health 2. Public morals 3. Public safety 4.
Public welfare and convenience Meaning of taxation - is the power of the state to impose charge or burden upon persons, property, or property rights, for the use and support of the government and to enable it to discharge its appropriate functions. Theory and basis of taxation 1. The power of taxation proceeds upon the theory that the existence of government is a necessity that it cannot continue without means to pay its expenses, and that for these means it has a right to compel all its citizens and property within its limits to contribute.
The basis of taxation is found in the reciprocal duties of protection and support between the State and its inhabitants. Meaning of taxes - are the enforced proportional contributions from persons and property levied by the lawmaking body of the State by virtue of its sovereignty for the support of the government and all public needs.
Distinctions among the three powers 1. As to authority which exercises the power. As to purpose. As to effect. As to persons affected.
As to benefits received. No law impairing the obligation of contracts shall be passed. Meaning of obligation of a contract - is the law or duty which binds the parties to perform their agreement according to its terms or intent, if it is not contrary to law, morals, good customs, public order, or public policy. The law, the enactment of which is prohibited, includes executive and administrative orders of the President, administrative orders issued by heads of departments, and ordinance enacted by local governments.
The highest of Section State recognize the vital role of the youth for Nation Building. Safeguard against military dictatorship - a civilian, the President is the commander in chief of all Section The State recognizes the role of women in nation-building, and shall ensure the armed forces of the Philippines fundamental equality before the law of women and men.
Subject to reasonable conditions prescribed by law, the State adopts and implements a Role of women in nation building policy of full public disclosure of all its transactions involving public interest. Equality of men before the law - Men and women are fundamentally equal. As a rule, women has which the constitution designed to protect against violations by the government or by an individual narrower occupational choices and have lower earnings than men. The right to health of the people and instil health consciousness among them.
Health - is the state of physical social and mental well-being rather than merely the absence of Classes of Rights physical disease. Natural Rights - Rights posses by every citizen without being granted by the state for they are given to man by God as human being created to his image. The right of the people to a balanced and healthful ecology in accord with the rhythm 2. Constitutional Rights - Rights which are conferred by the constitution.
Statutory Rights - Rights which are provided by laws by the law making body and consequently Ecology - branch of science that deals with the study of the interrelationships of living things and maybe abolish by the same body.
Bill of rights
The State shall give priority to education, science and technology, arts, culture, and 1. Political Rights - Gives the citizen the power to participate directly or indirectly. Civil Rights - Rights which the law enforce. Includes the rights to due process and equal protection of the law. Social and Economic Rights - Includes the right which are intended to insure the well-being and economic security of the individual. The State shall develop a self-reliant and independent national economy effectively 4.
Rights of the Accused - Civil rights intended for the protection of the person accused of any controlled by Filipinos. Like the right to presumption of innocence.
The State recognizes the indispensable role of the private sector, encourages private Due Process of Law - a law or a policy that hears before it condemns, a principle of fair play. Aspects of Due Process of Law Section The State shall promote comprehensive rural development and agrarian reform.
Procedural Due Process - refers to the method or manner by which the law is enforced. Comprehensive rural Development - covers all phases of rural development - economic, social, 2. Substantive Due Process - requires that the law itself not merely the procedure by which the law political, cultural and industrial would be enforced is fair, reasonable, and just.
The State recognizes and promotes the rights of indigenous cultural communities within Procedural Due Process the framework of national unity and development. Administrative Proceedings - notice and hearing may be dispensed with, where because of Section The State recognizes the vital role of communication and information in nation-building. The State shall ensure the autonomy of local governments. Substantive Due Process - Law requires that the law in question affecting life, liberty or property be a valid law.
Life - means something more than mere animal existence. The State shall maintain honesty and integrity in the public service and take positive alike, under like circumstances and conditions both in the privileges conferred and liabilities and effective measures against graft and corruption. Search warrant — an order of writing issued in the name of the people of the Philippines, signed by 2. Press covers every sort of publication. Freedom of expression not Absolute Warrant of arrest — to arrest a person designated and to take him into custody in order that he may 1.
Subject to regulation by the State - it is always subject to some regulation by the State in order be bound to answer for the commission of an offense. Subject one to liability when abused - the following may be penalized: Scope of the Protection: Persons - the protection applies to everybody. Papers and effects - include sealed letters and packages in the mail which may be opened and Right of Assembly and Right of Petition examined only in pursuance of a valid search warrant.
No law shall be made respecting an establishment of religion, or prohibiting the free judge of the complainant and the witnesses he may produce exercise thereof. Religion - includes all forms of belief in the existence of superior beings exercising power over human beings. When search and seizure may be made without warrant 1. Where there is consent and waiver. Section 6: The liberty of abode and travel 2. Where such is an incident to a lawful arrest Liberty of Abode and Travel - right of a person to have his home in whatever place chosen by him 3.
In the case of contraband or forfeited goods being transported by ship, automobile, or other and thereafter to change it at will, and to go where he pleases without interference from any source.
THE CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES – ARTICLE III
As an incident of inspection, supervision and regulation in the exercise of police power. Routinary searches usually made at the border or at ports of entry in the interest of national person whose liberty of abode is violated may petition for a writ of habeas corpus against another security.
The right of the people to information on matters of public concern shall be recognized. When in his presence, the person to be arrested has committed or attempting to commit an Writ of Habeas Data - a judicial remedy available to any individual whose right to privacy in life, offense. When an offense has in fact just been committed and he has personal knowledge of facts Purpose of Writ - by way of regulating the processing of personal information or data about him.
The right of the people, to form unions, associations, or societies not contrary to law. The right to form an association - is the freedom to organize or to be a member of any group or association, union or society and to adopt the rules which the members judge most appropriate to Section 3: Right of privacy — right to be left alone achieve their purpose. Grants government employees to form labor unions.
Section 4: No law shall be passed abridging the freedom of speech, of expression, or of the press Section 9: Private property shall not be taken for public use without just compensation.
Meaning of Freedom of speech, expression and of the press Also known as freedom of expression, implies the right to freely utter and publish whatever Inherent Powers of Government one pleases without previous restraint, and to be protected against any responsibility for so doing as Totality of governmental power, contains three great powers: It also includes the right to circulate what is published.
Power of Eminent Domain - power of the state to take private property for public use upon paying the owner just compensation. Scope of terms of Speech, expression and press 2.
Police Power - power of the state to enact laws and regulations in relation to person and property 1. Speech and expression includes any form of oral utterances as may promote public health, public morals, public safety, and general welfare of the people.
Power of Taxation - power of the state to impose charge or burden upon persons, property, or Section Rights of Person under investigation Illustrations of Police Power 1. Public health - those regulating the medical profession 2. Public Morals - those punishing vagrancy and prostitution, prohibiting gambling, etc. Public Safety - eg. General welfare and Convenience - those requiring compulsory registration of lands, authorizing free will the removal of billboard offensive to sight, etc.
Right to bail, except those charged with reclusion perpetua. Bail - security required by a court and given for the provisional or temporary release of a person who is in the custody of the law. No law impairing the obligation of contracts shall be passed. Obligation of Contract - is the law or duty which binds the parties to perform their agreement Purpose and form of Bail: Free access to the courts and quasi-judicial bodies and adequate legal assistance.
The right to be informed of his right to remain silent and to have a counsel death. Right against being held in secret, incommunicado, or similar forms of solitary detention. Right to presumption of innocence 8. Right to be heard by himself and counsel Section No person shall be held to answer for a criminal offense without due process of law. Right to be informed of the nature and cause of the accusation against him. Right to have a speedy, impartial trial. Right to due process of law Right to meet the witnesses face to face 1.
Due process in its procedural aspect - a person cannot be held to answer without due process Right to have compulsory process to secure the attendance of witnesses and the production of of law. Right against self-incrimination - Tried before a competent court ex.
Court having jurisdiction Right against detention by reason of political beliefs and aspirations - Given fair and impartial trial Right against cruel, degrading or inhuman punishment.
Observance of fundamental fairness Right against double jeopardy. Right to presumptions of innocence Reasons for Constitutional Safeguards In all criminal prosecutions, the accused is presumed innocent until the contrary is proved.
A criminal case, an unequal contest - it is of necessity, unequal contest because the parties are of unequal strength. The Rules of Court provides: In all criminal prosecution, the defendant shall be entitled to be present and defend in person Right to adequate legal assistance - the State has a duty to provide free and legal assistance to and by counsel at every stage of the proceedings. After a plea of not guilty, the accused is entitled to 2 days to prepare for trial unless the court.
For Basis: Before arraignment, the court shall inform him of his right to counsel and shall ask him if he strongest temptation to commit perjury. Freedom from political belief Right to be informed of the cause and nature of the accusations against him: Remedy of accused whose rights is violated - this requirement of notice is indispensable in as during Martial law.
Suspension of privilege of writ of habeas corpus even after lifting of Martial law 3. Prohibition a guarantee against having a prisoners of conscience Right to have a speedy, impartial and public trial 1. Speedy trial - one that can be has as soon as possible, after a person is indicted and within such Involuntary servitude - denotes a condition of enforced, compulsory service of one to another.
It time as the prosecution with reasonable diligence, could prepare for it. Right to confrontation of witnesses Basis and purpose of the prohibition: The accused person has the right to confront witness face to face.
Reasons are: The prohibition is grounded on the value accorded to human dignity in a democratic and free 1. Cross-examination of witness by the accused society. The purpose is to maintain a system of completely free and voluntary labor. Trials in the absence of the accused Exceptions to the Prohibition: Conditions on Trial In the absence of the Accused: Reason for rule - an accused cannot, by simply escaping, thwart his prosecution and possibly 4. To exceptional services such as military and naval enlistment eventual conviction provided only that the three conditions above are present.
To exercise by parents their authority to require their children to perform reasonable amount of work Section The privilege of the writ of habeas corpus shall not be suspended except when the 6.
When there is a proper exercise of the police power of the State. May be suspended by the president incase only if invasion or rebellion when public safety requires it.
To inquire into all manner of involuntary restraint or detention as distinguished the sound discretion of the court, if it keeps within the limit of the Statute, it cannot be held from voluntary and to relieve a person therefrom if such restraint is found illegal.
Writ - is the order from the court requiring a person detaining another to show cause for detention Right against cruel, degrading, or inhuman punishment - This right can only be invoked after conviction for a crime. Writ of Amparo - This special writ prohibits respondents from using the defense of simple denial. Can be invoked by the families of victims of extrajudicial killings, and enforced disappearances Section No person shall be imprisoned for debt or non-payment of a poll tax.
Debt - any liability to pay money arising out of a contract, express or implied. Refers to Civil or contractual debt or one not arising from a criminal offense. All persons shall have the right to a speedy disposition of their cases before all judicial, Estafa - is a criminal offense where you a person van be imprisoned for non payment of debt quasi-judicial, or administrative bodies. No person shall be compelled to be a witness against himself. No person shall be twice put in jeopardy of punishment for the same offense.
Right against Self incrimination - no person shall be compelled to be a witness against himself which may expose him to criminal liability Right against double jeopardy - When a person is charged with an offense, and the case is terminated either by acquittal or conviction, the latter cannot again be charged of the same or identical offense. Classes of Double Jeopardy Naturalization - act of formally adapting a foreigner into the political body of the state and clothing 1.
For the same offense - the protection is against double jeopardy for the same offense and not him with the rights and privileges of citizenship. For the same act - double jeopardy of punishment for the same act. By judgment of the court - the foreigner who wants to become a Filipino must apply for Section No ex post facto law or bill of attainder shall be enacted.
Naturalization with the proper Regional Trial Court. By direct act of Congress - our law making body simply enacts an act directly conferring Ex post Facto Law - An ex post facto law is one which operating retrospectively: Makes an act done before the passage of a law; 3.
By administrative proceedings - under R. Alters the legal rules of evidence, and receives less testimony from what the law required at the Section 2: Philippine citizenship time of the commission of the offense, in order to convict the offender. Natural born citizen: Citizen at the time of adoption of the new Constitution - refer to those who are considered their advantage.
Citizen through election - refers to those born on Filipino mothers before Jan. Naturalized citizens - refers to those who were originally citizens of another country but who, by an intervening act naturalization , have acquired new citizenship in a different country. Section 1: The following are citizens of the Philippines: Those who are citizens of the Philippines at the time of the adoption of this Constitution; Section 3: Philippine citizenship may be lost or reacquired in the manner provided by law.
Those whose fathers or mothers are citizens of the Philippines; 3. Those born before January 17, , of Filipino mothers, who elect Philippine citizenship upon Loss of citizenship reaching the age of majority; and 1. Voluntarily - it is called expatriation 4. Alien - is a citizen of a country who is residing on or passing through another country. By direct act of the Congress of the Philippines.
Repatriation - is effected by merely taking the necessary oath of allegiance to the Republic of the Philippines and registering the same in the proper civil registry. The children follow Section 4: Citizens of the Philippines who marry aliens shall retain their citizenship, unless they to the citizenship of the parent.
The Philippines uses this rule. The U. The person become the citizen where he is born irrespective of the citizenship of the parents. Effects of marriage of citizen to an alien 2. A political right - in the sense of a right conferred by the Constitution. Scope of Suffrage: Section 5: Dual allegiance of citizens shall be dealt with by law.
Plebiscite - name given to vote of the people expressing their choice for or against a proposed Dual allegiance - refers to the continued allegiance of naturalized nationals to their mother country law even after they have acquired Filipino Citizenship. Referendum - submission of a law or part thereof passed by the national or local legislative body 4. Initiative - process whereby the people directly propose and enact law.
Dual Citizenship - refers to the possession of two citizenships by an individual, that of his original 5. Have resided in the Philippines for at least 1 year and in the place wherein he proposes to vote - absolute and permanent allegiance to his government at least six months preceding the election.
Insane or incompetent person declared by a competent authority. The Congress secure the secrecy and sanctity of the ballot. The legislative power shall be vested in the Congress of the Philippines - Active concern with affairs of the government Legislative power - authority under the constitution to make laws and subsequently, when the need - Need for civic courage and pride or sense of civic values arises, to alter and repeal them.
Plenary or General - a grant of legislative power means the grant of all legislative power for all - Duty to be a useful and productive member of the society purposes of civil government. Implied Power - they are those essential or necessary to the effective exercise of the powers expressly granted. Like the power to conduct inquiry and investigation in aid of legislation to Nature of Suffrage: A mere privilege - not a natural right of the citizen but merely a privilege to be given or withheld 4.
Inherent Power - powers which are possessed and can be exercised by every government by the law making power subject to constitutional limitations. Presidential System - power of the government are divided into 3 classes: Executive, legislative - resident thereof for a period of not less than one year immediately preceding the day of the and Judicial.
Parliamentary System - there is a fusion rather that a separation of the two classes: Policy making and Policy Executing. Prime minister is the head of government. The Members of the House of Representatives shall be elected; 3. French presidential - parliamentary system-variant of two types of government 1. For a term of three years which shall begin, unless otherwise provided by law, at noon on the thirtieth day of June next following their election. Principle of check and balance - Constitutional provisions authorize a considerable amount of 2.
No Member of the House of Representatives shall serve for more than three consecutive terms.
Section 2. Section 8: Regular election of the Senators and the Members of the House of Representatives shall be held on the second Monday of May. Section 3.
No person shall be a Senator unless: In case of vacancy in the Senate or in the House of Representatives: Regular Election - held on the 2nd Monday of May. No increase in said compensation shall take effect until after the expiration of the full term of all the Members of the Senate and the House of Representatives approving such increase. A Senator or Member of the House of Representatives shall: Composition of The House of Representatives: No Senator or Member of the House of Representatives may: Interpellations shall not be limited to written questions, but may cover matters related thereto.
When the security of the State or the public interest so requires and the President so states in writing, the appearance shall be conducted in executive session.
The Congress, shall have the sole power to declare the existence of a state of war. In times of war or other national emergency, the Congress may: Regular Session - convene once every year on the fourth Monday of July authorize the President, for a limited period and subject to such restrictions as it may prescribe, to 2.
Special Session - The President may call a special session at any time. Quorum- a number of the membership of an assembly, or collective body as is competent to transact its business. Kinds of Appropriations: Annual or General Appropriations - they set aside annual expenses for the general operations of assembly. Special or Supplemental Appropriations - include all appropriations not contained in the budget.
Revenue bill - primary purpose is to raise revenue parties or organizations registered under the party-list system represented therein. Tariff bill - reference to one imposing custom - The senior Justice in the Electoral Tribunal shall be its Chairman. Bill authorizing increase of the public debt - one which creates public indebtedness such as a bill providing for the issuance of bonds and other forms of obligations. Compositions of Commission on Appointments: Bill of local application - affecting purely local or municipal concerns like one creating a city or 1.
President of the Senate municipality or changing its name. Twelve Senators 5. Private bill - affecting purely private interest such as one granting a franchise to a person or 3. Twelve Members of the House of Representatives corporation or compensation to a person for damages suffered by him by which the government considers itself liable.
The Electoral Tribunals and the Commission on Appointments shall be: Constituted within thirty days after the Senate and the House of Representatives shall have been Section Budget organized with the election of the President and the Speaker. The Congress may not increase the appropriations recommended by the President for the 2. No provision or enactment shall be embraced in the general appropriations bill unless it relates herein conferred upon it.
The procedure in approving appropriations for the Congress shall follow the procedure for Section The records and books of accounts of the Congress shall be: A special appropriations bill shall specify the purpose for which it is intended, and shall be 2. No law shall be passed authorizing any transfer of appropriations; Section The Senate or the House of Representatives or any of its respective committees may 6.
Inquiries in aid of legislation in accordance with its duly published rules of procedure. The rights of persons appearing in or affected by such inquiries shall be respected. The heads of departments with the consent of the President, shall provide; 1.
Written questions shall be submitted to the President of the Senate or the Speaker of the House of Representatives at least three days before their scheduled appearance. Every bill passed by the Congress shall embrace only one subject which shall be 2. Joint - if approved by both House meeting in joint session but voting separately Requirements as to Subject and Title of the Bill 1. One title, one subject - a proposed law is called a bill.
The rule of taxation shall be uniform and equitable. Purpose of Constitutional requirement: Implies equality in burden, not in amount. Steps in the passage of a bill Exemption of certain entities and properties from tax 1.
First reading - any member of either House may present a proposed bill, signed by him for 1st - Test of exemption- covers only property taxes and not other taxes. Referral to appropriate committee - after 1st reading, the bill is referred to the proper committee for study and consideration. No money shall be paid out of the Treasury except in pursuance of an appropriation 3.
Second reading - if the bill id favored by the committee, it is forwarded to the Committee on made by law. Debates - general debate is now opened.
Amendment may be proposed by any member of indirectly, Congress. Nominal voting is held 7. Referral to the other house - if approved, the bill is passed to the other house where it will take Section No law shall be passed increasing the appellate jurisdiction of the Supreme Court as the same procedure.
No law granting a title of royalty or nobility shall be enacted. Submission to the President - a bill approved on the 3rd reading shall be printed and submitted Section The Congress shall, as early as possible, provide for a system of initiative and to the president for his approval or disapproval.Learn more about the Philippine government, its structure, how government works and the people behind it.
The Philippine Constitutions. The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. By Kenneth Tuble. Plain view doctrine 2.