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QUALIFICATION OF A DISTRICT REP./HREP as to his residency as to his residency and citizenship; a. Aside from the requirements of being 25 years old on the day of election and being able to read and write, it is imperative that the person running as district rep. is a natural born citizen of the Philippines, that is, he doesnt have to perform any act to acquire or perfect their Phil. Citizenship or, should he be born before jan. 17, 1973 of a Filipina mother married to a foreigner, his election of citizenship is necessary to consider him natural-born. i. Here, Since Pedro was born under the 1935 constitution, before January 17, 1973 of a Filipina mother, he shouldve elected Philippine citizenship upon reaching the age of majority to be considered as natural born allowing him to run for the position of Governor of his province. Failure to do so disqualifies him for the position. Hence, on this ground, petition for quo warranto against him shall prosper ii. With regard to residency requirement, the constitution is explicit in requiring that the candidate must be a resident in the district where he is running of not less than 1 year immediately preceding the day of the election 1. Residence is a place where one habitually resides and when absent, has the intention of returning. Abandonment of once. The intention to abandon once residence cannot legally be inferred from the act of leaving it only for the purpose of studying and working elsewhere and occasionally visit his relatives an dproperties in his home province. In such case, he has nor deemed to have forfeited his legal residence. CONFLICT OF INTEREST a. In order to prevent using public officials positions for ulterior purposes, the constitution cannot be more explicit in saying that all members of senate and HREP shall, upon assumption of office, make a full disclosure of their financial and business interest. i. Thsy shall notify the house concern of a potential conflict of interest that may arisede from the filing of proposed legislation of which they are authors. 1. This is to make known at the outset their financial and business connections or investment to reduce self aggrandizement DISCRETIONARY FUNDS appropriated for particular officials shall be : a. Disbursed only for public purposes b. Should be supported by appropriate vouchers

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c. And subject to guidelines as maybe prescribed by law INCORPORATION THEORY or Doctrine of Incorporation a. The doctrine where the generally accepted principles of Intl law are made part of the law of the land either by express provision of the constitution or by means of judicial declaration or fiat. b. The doctrine is applied whenever municipal tribunals or local courts are confronted w/ situations in which there appears to be a conflict berween arule of Intl law and provision of the constitution or statute of a state. c. This doctrine dictates that rules of Intl law are given equal standing w/ and not superior to, national legislative enactments. d. RULE OF STATE IN INDEPENDENT FOREIGN POLICY i. The state shall pursue an independent foreign policy. In its relations with other state, paramount consideration shall be national sovereignty, territorial integrity, national interest and the right of self determination. VARIOUS POLICIES ON NATIONAL ECOMY ARE a. The state shall develop a self reliant and independent national economy effectively controlled by filipinoes. b. The state recognizes the indispensable role of the private enterprise, and provides incentives to needed investments FORBIDDEN OFFICE VS. COMPATIBLE OFFICE a. FORBIDDEN OFFICE no senator or member of the HREP shall be appointed to any office, which may have been created, or the emoluments thereof increase during the term for which he was elected i. So even if the member of the congress is willing to forfeit his seat therein, he may not be appointed to any office in the government that has been created or the emoluments thereof have been increased, to prevent trafficking of public office. ii. But this provision does not apply to elective offices. The appointment is not allowed only during the term for which he was elected, when such office was created or its emoluments increased. After such term, even if the legislator is reelected, the disqualification no longer applies and he may therefore be appointed to the office. b. INCOMPATIBLE OFFICE No senator or member of the HREP may hold any other office or employment in the government, or any subd, agency, or instrumentality thereof, including GOCC or their subsidiaries, during his term without forfeiting his seat i. To prevent him from owing loyalty to another branch of govt. pursuant to the doctrine of separation of powers ii. The prohibition is not absolute. What is not allowed is the simultaneous holding of that office and seat in the congress.

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CA VS HRET VS CSC a. COMMISSION ON APPOINTMENTS i. It is independent of 2 houses of congress; Its employees are not technically employees of congress. It has power to promulgate its own rules of proceedings ii. It shall be composed of the senator, the 12 senators and 12 members of the house of rep. who shall be elected on the basis of proportional representation from the political parties and party list organization. iii. The commission shall rule by a majority vote of all members. The chairman shall vote only in case of a tie and the commission shall act on all appointments made by the president within 30 session days from their submission to congress. b. ELECTORAL TRIBUNAL i. The senate and the house shall each have an ET which shall be composed of 3 SC justices and 6 members of the senate or house as the case maybe. This congressional members shall be chosen on the basis of proportional representation from the political parties and party list organization. ii. Each ET shall be the sole judge of all contests relating to the election, returns, and qualifications of their respective members. Absence of election contest ET is w/o jurisdiction. Since it is an independent body, its members cannot be arbitrarily removed by the parties which they represent c. BOTH ET and CA shall be constituted w/in 30 days after the senate and the HREP shall have been organized with the election of the president and the speaker. INITIATIVE VS. REFERENDUM a. INITIATIVE it is the power of people to propse bills and laws, and to enact or reject them at the polls, independent of the legislative assembly. i. It is the right of a group of citizens to introduce a matter for legislation either to the legislature or directly to the voters b. REFERENDUM is the right reserved to the people to adopt or reject any act or measure which has been passed by a legislative body and which in most cases would without action on part of the electors become a law i. It is a method of submitting an important legislative measure to a direct vote of the whole people, the submission of a law passed by the legislature for their approval or rejection STRAIGHGT BASELINE METHOD a. It consist of drawing straight lines connecting the outermost points of the outermost islands and drying reefs. The length of such baselines shall not

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exceed 100 nautical miles. The baselines drawn should not depart to any appreciable extent, from the general configuration in the archipelago i. All the waters within the baselines shall then be considered internal waters ARCHIPELAGIC DOCTRINE st a. It has 2 elements: 1 , it is the waters around, between, and connecting the islands of the archipelago , regardless of their breadth and dimensions. nd b. 2 , it delineates territorial sea by using the straight baseline method by drawing imaginary baselines connecting the outermost islands of archipelago. REPUBLICANISM a. It is government of the people, by the people and for the people. A representative government wherein the powers and duties of government are exercised and discharge for the common good and welfare. b. It is founded upon popular suffrage c. There is the tripartite system of the govt, the mutual interdependence of the three departments of the govt. STATE VS. NATION a. STATE i. As a legal and jurisctic concept is a community of persons permanently occupying a fixed territory, and possessed of an independent government organized for political ends ii. To which a great body of inhabitants render habitual obedience b. NATION i. As an ethnic and racial concept is a community of persons with common race, language and custom ITEM VETO VS. POCKET VETO i. ITEM VETO 1. It is within the power of the president that whenever he wants to disapprove the bill enacted by Congress, he should veto the entire bill itself. However, he shall only be allowed to veto separate items of the bill and not its entirety should the subject bill is one of a tariff, appropriation or revenue bill. As he cannot impair and weaken the machinery of the government. ii. POCKET VETO 1. It is when the inaction of the president to the bill for a period of 30 days, never produces a veto even if the congress is in recess

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It occurs upon failure of the president to act on a bill, and the reason thereof is because congress is not in session DOCTRINE OF PARENS PATRIAE a. The government, being the guardian of the rights people may initiate legal actions for and in behalf of particular individual LEGISLATIVE VETO a. A congressional veto is a means whereby the legislature can block or modify administrative action taken under a statute. It is a form of legislative control in implementation of a particular executive action. The form may either be affirmative or negative. GRANT OF POLITICAL AMNESTY (total opposite of pardon) a. It is an act of grace concurred by the legislature usually extended to the group of persons who committed political offenses, which puts into oblivion, the offense itself b. It is addressed only to political offenses c. Granted to a class or classes of persons (before or after conviction by final judgement) d. It need not be accepted e. It requires the concurrence of congress f. It is a public act g. It cannot be granted in cases of impeachment, violation of election laws, legislative or civil contempt h. Cannot absolved convict from civil liability i. Cannot restore public offices forfeited A former enemy of the state can run as a party list representative provided it is not SERVE PUV or it does not fall to any of its disqualifications a. SUPPORT It does not receive support directly or thru officers from foreign govt, forein pol party, foundation , org, for election partisan purposes b. ELECTION VIOLATIONS- if it fails to comply w/ rules and regulations of relating to lection c. RELIGIOUS SECT OR DENOMINATION- if it is a religious sect registering as party(not if it is a priest who is running) d. VIOLENCE advocate violence or unlawful means to seek its goal e. EXISTENCE if it cease to exist for at least one year f. PARTICIPATE if it fails to participate in the last two preceding elections, or fails to obtain at least 2% votes cast fro the past 2 elections g. UNTRUTHFUL statements had been made in the petition h. FOREIGN party organization QUALIFICATIONS OF A PARTY LIST REP a. Natural born citizen

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Registered voter Resident of the phil at least 1 year Able to read and write Bonafide member of a party 90 days preceding the day of election At least 25 y/o Party and nominee must represent and seeks to uplift marginalized and underrepresented group h. Majority of its members must belong to the marginalized and underrepresented i. Must posses none of the disqualification j. It must not be adjunct of or a project organized or assited by the govt. k. Parties and nominees must comply w/ reqts WHO CAN SEAT AS A PARTY LIST REP WINNER. In determining the allocation of seats for party list representatives, the following procedure shall be observed a. The parties, orgs or coalition, (POC) shall be ranked from highest to lowest based on the num of votes they garnered b. POC receiving at least 2% of the tota votes cast of the party list system shall be guaranteed of one seat each c. Those garnering sufficient nm of votes according to the ranking in par 1 shall be entitled to additional seats in proportion to their total num of votes until all additional seats are allocated d. Each POC shall be entitked to not more than 3 seats NON-LEGISLATIVE POWER OF CONGRESS (CARD WISE UP-C) a. C-oncurrence given in treaties and amnesties b. A-ppointments confirmation c. R-evoke or extend suspension of Writ of HC or martial law d. D-ecide disability of Pres as asserted by the cabinets e. W-ar state existence declaration f. I-mpeach g. Special election calling for P and VP h. E-xercise of delegation of emergency powers i. U-tilization of natural resources setting rules j. P-residential election canvasser k. Constituent power to propose DOCTRINE OF STATE IMMUNITY FROM SUIT a. State may not be sued w/o its consents b. The royal prerogative of dishonesty c. State may defeat any legitimate claim by simply invoking its non suability d. XPN. If it gives consent whether express or implied PRIVELEGE IMMUNITY FROM SUIT a. A senator or member of HREP, shall in all offenses punishable by not more than 6 years of imprisonment, be privileged from arrest while the

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congress is in session. No member shall be question nor be held liable in any other place for any speech, or debate in the congress or in any other committee thereof b. Xmpn applied only from civil arrest 23. MINISTRANT VS. PROPRIETARY FUNCTIONS (govt performs) a. CONSTITUENT FUNCTIONS- are those mandatory as it constitutes the very bonds of society like i. Fixing legal relations bet Hand W, Parents and children ii. Regulating, transmission and interchange of property iii. Definition and punishment of crime MINISTRANT FUNCTION those undertaken to advance the general interest of the society i. Public works ii. Public charity iii. Regulation of trade and industry iv. Functions that are merely optional 24. As a rule, what has been delegated cannot be further delegated, but with the exigencies of modern times, the delegation has now been a rule. To be valid, it is necessary the it is circumscribed w/ legislative restrictions and must be germane to the objects and subjects of the law. The tests for a valid delegation are: a. Completeness test the law is complete in all its essential terms and conditions. That there will be nothing eft for the delegate to do when it reaches him. There should be no gaps otherwise invalid. b. Sufficient standard test mapping out the boundaries of the delegate authority by defining legislative policy. Indicating circumstances which are to be pursued and effected. To prevent total transfer of legislative power to delegate. c. XPNS to Non delegation: PETAL delegation to i. PEOPLE thru initiative and referendum ii. EMERGENCY powers 1. There must be war/emergency 2. Must be for limited period only 3. Must be subject to restrictions as congress provide 4. Exercised to carry out natl policy iii. TARRIFF powers -congress may by law subject to restrictions authorized the pre to fixed TITO (Flexible or stand by tarrif clause) 1. Tariff rates 2. Import and export quotas 3. Tonnage and wharfage fees 4. Other duties and impost b.

ADMINISTRATIVE bodies LOCAL govts 1. While power of eminent domain and police power are expressly delegated by congress under the general welfare clause, power of taxation is granted by consti subject only to guidelines and limitations congress may imposed. 25. BLENDING POWERS a. When powers are not confined exclusively w/ 1 department but assigned or shared by several. Ex. Enactment of appropriation law, amnesty granted by pres. b. Because it is better to collaborate w/ and in the process check each other for public good 26. SOCIAL JUSTICE BY CALALANG VS WILLIAMS a. Social justice is neither communism nor despotism nor atomism nor anarchy b. But the humanization of laws and the equalization of social and economic forces by the state c. So that justice, in its rational and objective secular conception d. May at least be approximated e. Social justice means the promotion of the welfare of the people f. The adoption by the govt of measures g. Calculated to insure economic stability h. Of all component elements of society 27. COURT MARTIALS a. Are agencies of executive character which maybe convened by the president independently of legislation and by virtue only of his constitutional function as commander in chief b. These courts do not pertain to judiciary and utilized by him in properly commanding and enforcing discipline in armed forces c. President as Commander in chief has the power to create military commissions and tribunals to try not military personnelilians placed on trial for civil offenses are entitled to trial by judicial process. As long as civil courts in the land remained open and are regularly functioning, military tribunals cannit try and exercise jurisdiction as it is properly cognizable by civil courts as enshrined by the constitution. Otherwise it would be a violation of due process d. Military tribunals pertain to executive dept to aid the pres in properly commanding the navy and the army

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