1. WHAT COMPRISES NATIONAL TERRITORY?

CODE: AOTI

1. The PHILIPPINE ARCHIPELAGO the body of water

studded with islands which is delineated in the Treaty of Paris, as amended by the Treaty of Washington and the Treaty with Great Britain.

It should be the basis in delineating such boundary. According to this doctrine, the basis of the boundaries of the archipelago should be the straight line connected by points in the outer islands or periphery of the archipelago (STRAIGHT BASELINE METHOD). 3. WHAT ARE THE ELEMENTS OF THE STATE? CODE: GSPoT

2. All OTHER TERRITORIES over which the Philippines has

sovereignty or jurisdiction. INCLUDES ANY TERRITORY: 1. presently belonging, or 2. those that might in the future belong to the Philippines through any of the accepted international modes of acquiring territory

1. GOVERNMENT Institution organized and run to manage

the affairs of the State.

2. SOVEREIGNTY Power of the State to regulate matters

within its own territory.

3. POPULATION (PEOPLE) Group of persons sufficiently

numerous held together by a common bond.

3.

TERRITORIAL SEA, the seabed, the subsoil, the insular shelves, and other submarine areas in the Philippinearchipelago and all other territories, corresponding to (1) and (2) above.

4. TERRITORY A definite area over which the State exercises

sovereign jurisdiction. 4. STATE IMMUNITY FROM SUIT: RULE? EXCEPTION? WHAT IS THE GENERAL

4.

INTERNAL WATERS Waters around, between, and connectingthe islands of the archipelago, regardless of their breadth and dimensions. NOTE: The Philippine archipelago (1) and oall other territories (2) consist of the following domains: Terrestrial (land), Fluvial (waters), and Aerial (air) 2. WHAT IS THE ARCHIPELAGIC DOCTRINE? An Archipelago is a cluster of islands. Archipelagic doctrine prevents these islands from being cut off from the mother nation because of their location in "international waters." By this doctrine, it means that a group of islands shall be considered as a national unit. The waters around, between, and connecting every island on the group regardless of their size and dimensions will be treated as part of the INTERNAL WATERS.

The general rule is that the State cannot be sued without its consent because there is no legal right against the authority which makes the law on which the right depends. EXCEPTIONS:

1. EXPRESS Consent -

The law expressly grants the authority to sue the State of any of its agencies;

2. IMPLIED Consent When the State (through its proper

officer, within the scope of his authority) enters into a PRIVATE contract; EXCEPT when the contract is merely incidental to the performance of a governmental function; 3. A suit against an incorporated government agency performing proprietary business operations;

WHO ARE NATURAL BORN CITIZENS?

4. The State commences a suit against a private party.

5. POLITICAL QUESTION VS. JUSTICIABLE ISSUE: A justiciable question is one that can be decided by courts like issues arising out of obligations and contracts, and violations of laws, etc. The courts have jurisdiction over these things, meaning they can hold a trial and issue judgments. (INVOLVES QUESTION OF LAW) Political questions, on the other hand, are beyond the reach and jurisdiction of courts and are better decided by the people using their sovereign rights and discretion. (INVOLVES WISDOM OF LAW) EXAMPLES: A classic example is who should win in an election? The courts cannot dictate who is the better candidate, as this is a political question that only the people can decide. But if there is cheating during the election, the court can decide whether there was cheating or not because there are laws that determine it, hence, this is a justiciable issue. Another example would be: Is it right for the US to invade Iraq? This is a political question because only the people, through their opinion and behavior during elections, can rightly answer this question. But when a soldier commits a crime while in Iraq, this is a justiciable issue which can be decided by courts because, again, there are laws governing crimes. 6. WHO ARE CITIZENS OF THE PHILIPPINES? 1) Those who are CITIZENS of the Philippines at the time of the ADOPTION of the 1987 Constitution; 2) Those whose FATHERS and MOTHERS are citizens of the Philippines; 3) Those born BEFORE January 17, 1973 of Filipino MOTHERS who ELECT Philippine citizenship upon reaching the age of majority; 4) Those who are NATURALIZED in accordance with law.

Citizens of the Philippines from birth who DO NOT NEED to perform ANY ACT to acquire of perfect their Philippine citizenship. WHO IS A NATURALIZED CITIZEN? One who, being born an alien, has lawfully become a citizen of the Philippines. WHAT ARE THE MODES OF ACQUIRING CITIZENSHIP? 1) JUS SOLI acquisition of citizenship on the basis of PLACE OF BIRTH; 2) JUS SANGUINIS acquisition of citizenship on the basis of BLOOD RELATIONSHIP; 3) NATURALIZATION the legal act of adopting an alien and clothing him with the privilege of a native-born citizen. 7. PURPOSE OF SEPARATION OF POWERS: To prevent a concentration of authority in one person or group of persons that might lead to an irreversible error or abuse in its exercise to the detriment of our republican institution 8. GENERAL RULE IN DELEGATION OF POWERS: The rule is POTESTAS DELEGATA NON DELEGARI POTEST what has been delegated cannot be delegated. It is based upon the ethical principle that such delegated power constitutes not only a right but a duty to be performed by the delegate through the instrumentality of his own judgment and not through the intervening mind of another. EXCEPTIONS: Delegation of legislative powers is permitted in the following cases: 1) Tariff powers to the PRESIDENT; 2) Emergency powers to the President; 3) Delegation to the people at large;

4) 5)

Delegation to local governments; Delegation to administrative bodies

9. Article II, Section 10: SOCIAL JUSTICE: SOCIAL JUSTICE The welfare of the people is the supreme law. It is not about equality but protection to give those with less privilege in life more privileges in law. 10.What is JUDICIAL REVIEW and JUDICIAL POWER, are they the SAME? NO, they are not. JUDICIAL REVIEW is the power of the SC to declare a law, treaty, ordinance, etc. UNCONSTITUTIONAL, while on the other hand, JUDICIAL POWER is the authority to settle JUSTICIABLE controversies or disputes involving rights that are enforceable and demandable before the courts of justice or the redress of wrongs for violations of such rights. 11.ARTICLE VI, SEC. 26 (2) - (2)
No bill passed by either House shall become a law unless it has passed three readings on separate days, and printed copies thereof in its final form have been distributed to its Members three days before its passage, except when the President certifies to the necessity of its immediate enactment to meet a public calamity or emergency. Upon the last reading of a bill, no amendment thereto shall be allowed, and the vote thereon shall be taken immediately thereafter, and the yeas and nays entered in the Journal.

12.POWER OF LEGISLATIVE INVESTIGATION - The Senate or the House of Representatives or any of its respective committees may conduct 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 inquiry, to be within the jurisdiction of the legislative body making it, must be material or necessary to the exercise of a power in it vested by the Constitution, such as to legislate or to expel a member. 13.POWERS OF THE SENATE / HOUSE OF REPRESENTATIVE: CLASSIFICATION OF LEGISLATIVE POWER: 1) CONSTITUENT The power to amend or revise the Constitution; 2) ORDINARY The power to pass ordinary laws; 3) ORIGINAL Possessed by the people in their sovereign capacity, exercised via INITIATIVE and REFERENDUM; 4) DELEGATED Possessed by Congress and other legislative bodies by virtue of the Constitution. 14) POWERS OF THE PRESIDENT The Presidents Executive powers are not limited to those set forth in the Constitution. The President has RESIDUAL POWERS (Inherent powers of the President) as the Chief Executive, which powers include others not set forth in the Constitution. (Ex. Immunity from suit and criminal prosecution while he is in office). 1) POWER TO APPOINT Executive in nature; while Congress may prescribe the qualifications for particular offices, the determination of who among those who are qualified will be appointed is the Presidents prerogative. 2) POWER OF CONTROL The power to alter, modify, or set aside what a subordinate officer has done in the performance of his duties, and to substitute the judgment of the officer for that of his subordinate. 3) DISCIPLINARY POWER The power of the President to discipline officers flows from the power to appoint the officer and NOT from the power to control.

Bills passed by either House must pass (three) 3 readings on separate days, and printed copies thereof in its final form distributed to its members 3 days before its passage. 1) 1 READING Only the TITLE is read; the bill is passed to the proper committee; 2) 2nd READING Entire text is read and debates are held; amendments introduced; 3) 3rd READING Only the title is read, no amendments allowed. Vote shall be taken immediately thereafter and the yeas and nays entered in the journal. EXCEPTION When the President certifies to the necessity of the bills immediate enactment to meet a PUBLIC CALAMITY or EMERGENCY, the THREE (3) READINGS can be held on the SAME DAY.
ST

4) POWER OF SUPERVISION The power to ensure that the laws are faithfully executed by subordinates. NOTE: The Power of Supervision DOES NOT INCLUDE the Power of Control, but the Power of Control necessarily INCLUDES the Power of Supervision. 5) COMMANDER-IN-CHIEF POWERS As Commander-In-Chief of the Armed Forces, whenever necessary, the President may call out the Armed Forces to: 1) PREVENT or SUPPRESS 1) Lawless violence; 2) Invasion; 3) Rebellion. 2) He may also: 1) Suspend the privilege of the writ of habeas corpus; 2) Proclaim a state of martial law. 6) POWER TO GRANT EXECUTIVE CLEMENCY includes cases involving administrative penalties. Where a conditional pardon is granted, the determination of whether it has been violated rests with the President. 1) COMMUTATIONS lessening of penalty 2) REPRIEVES temporary postponement of penalty 3) PARDONS (conditional or plenary) - forgiveness of a crime and the penalty associated with it. 4) REMITTANCE of fines and forfeitures 7) POWER TO ENTER INTO FOREIGN RELATIONS includes treaties, international agreements, power to appoint ambassadors and other public ministers and consuls, power to receive ambassadors accredited to the Philippines, power to contract or guarantee foreign loans in behalf of the Republic, power to deport aliens, etc. 15) EXECUTIVE PRIVILEGE is the Presidents constitutional authority to prevent any member of the Armed Forces from testifying before a legislative inquiry by virtue of his power as commander-in-chief, and that as a consequence, a military officer who defies such injunction is liable under military justice.

The only way to circumvent this is by JUDICIAL ORDER because the President may be commanded by judicial order to compel the attendance of the military officer. Final judicial orders have the force of the law of the land which the President has the duty to faithfully execute. 16) WHAT DO YOU UNDERSTAND BY A LEGISLATORS PRIVILIGE OF IMMUNITY FROM ARREST? Legislators are privileged from arrest while Congress is IN SESSION ONLY (whether regular or special) with respect to offenses punishable by not more that 6 years of imprisonment. The immunity does not extend to prosecution of criminal offenses. 17) WHAT IS THE ENROLLED BILL DOCTRINE?

The signing of a bill by the Speaker of the House and the President of the senate and its certification by the secretaries of both Houses of Congress that such bill was passed are conclusive of its due enactment. (Arroyo v. De Venecia, G.R. No. 127255, August 14, 1997) ENROLLED BILL 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 not withdrawn, the contents of the enrolled bill are conclusive upon the courts as regards the provision of that particular bill. 18) WHAT ARE THE BILLS THAT ORIGINATE FROM THE HOUSE OF REPRESENTATIVES, IF ANY? CODE: PuLP ART 1) Bills authorizing the increase of PuBLIC DEBT 2) Bills of LOCAL APPLICATION 3) PRIVATE Bills 4) APPROPRIATION Bills 5) REVENUE Bills 6) TARIFF Bills 19) WHAT DO YOU UNDERSTAND BY THE POWER OF THE PURSE? THE POWER OF THE SWORD?

The POWER OF THE PURSE refers to the constitutional power given Congress to raise and spend money. No money shall be paid out of the Treasury except in pursuance of an appropriation made by law. The POWER OF THE SWORD refers to the constitutional power given the Executive Department to implement its Police Power. 20) WHAT IS THE PROCEDURE TO FILL UP VACANCY IN THE OFFICE OF THE PRESIDENT? 1) Congress shall convene 3 DAYS after the vacancy in the offices of both the President and the VP, without need of a call. The convening of Congress cannot be suspended. 2) Within 7 DAYS after convening, Congress shall enact a law calling for a special election to elect a president and a VP. The special election cannot be postponed. 3) The requirement of 3 READINGS on SEPARATE DAYS under Sec. 26(2), Art. VI shall not apply to a bill calling for a special election. The law shall be deemed enacted upon its approval on 3RD READING. 4) The special election shall be held within 45-60 DAYS from the time of the enactment of the law. EXCEPTION: No special election shall be called if the vacancy occurs within 18 months before the date of the next Presidential Election. 21) BASIS OF THE POWER OF THE PRESIDENT?

Chief Executive. The multifarious executive and administrative functions of the Chief Executive are performed by and through the executive departments, and the acts of the Secretaries of such departments, performed and promulgated in the regular course of business, are, unless disapproved or reprobated by the Chief Executive, presumptively the acts of the Chief Executive EXCEPTION: In cases where the Chief Executive is required by the Constitution or law to act in person or the exigencies of the situation demand that he act personally. 23) WHAT IS THE PRINCIPLE OF TRANSFORMATION OF INTERNATIONAL LAW? DOCTRINE OF TRANSFORMATION states that the generally accepted rules of international law are not right away binding upon the State. It must first be embodied in legislation enacted by the lawmaking body to transform it into municipal law. Only when so transformed will it become binding upon the State as part of its municipal law. 24) DIFFERENTIATE AMNESTY AND PARDON:

AMNESTY is an act of grace concurred by Congress, usually extended to groups of persons who commit political offenses, which puts into oblivion the offense itself. The President alone CANNOT grant amnesty for it needs the concurrence by a majority of all the members of Congress. PARDON is an act of grace proceeding from the power entrusted with the execution of the laws which exempts the individual on whom it is bestowed from the punishment the law inflicts fro the crime he has committed. AMNESTY AND PARDON DISTINGUISHED: 1) PARDON includes any crime and is exercised individually by the President; AMNESTY is a blanket pardon to classes of persons or communities who may be guilty of political offenses.

The basis of the power of the President is expressed in Art. 7, Sec. 1 of the 1987 Constitution which says that, The executive power shall be vested in the President of the Philippines. 22) WHAT IS THE DOCTRINE OF QUALIFED POLITICAL AGENCY? EXCEPTIONS, IF ANY? Under this doctrine, which recognizes the establishment of a single executive, all executive and administrative organizations are adjuncts of the Executive Department, the heads of the various executive departments are assistants and agents of the

2) PARDON is exercised when the person is already convicted; AMNESTY may be exercised even before trial or investigation is had. 3) PARDON looks forward and relieves the offender from the consequences of an offense of which he has been convicted, that is, it abolishes or forgives the punishment, and for that reason it does not work the restoration of the rights to hold public office or the right to suffrage, unless such rights be expressly restored by the terms of the pardon. On the other hand, AMNESTY looks backward and abolishes and puts into oblivion the offense itself; it so overlooks and obliterates the offense with which he is charged that the person released by amnesty stands before the law precisely as though he had committed no offense. PARDON does not alter the fact that the accused is a recidivist, because it produces the extinction only of the personal effects of the penalty. AMNESTY makes an ex-convict no longer a recidivist because it obliterates the last vestige of the crime. 4) Both do not extinguish civil liability of the offender. 5) PARDON, being a private act of the President, must be pleaded and proved by the person pardoned; while AMNESTY being by Proclamation of the Chief Executive with the concurrence of Congress, is a public act of which the courts should take judicial notice. 25.WHAT IS FISCAL AUTONOMY? FISCAL AUTONOMY shall mean independence or freedom regarding financial matters from outside control and is characterized by self direction or self determination. It does not mean mere automatic and regular release of approved appropriations to agencies vested with such power in a very real sense, the fiscal autonomy contemplated in the constitution is enjoyed even before and, with more reasons, after the release of the appropriations. Fiscal autonomy encompasses, among others, budget preparation and implementation, flexibility in fund utilization of approved appropriations, use of savings and disposition of receipts.

(Defined by: Constitutional Fiscal Autonomy Group (CFAG), Comm. On Human Rights Employees Association v. Comm. On Human Rights, G.R. No. 155336 July 21, 2006) 26) WHAT ARE THE CASES REQUIRED TO BE HEARD EN BANC BY THE SUPREME COURT? 1) All cases involving constitutionality of a: CODE: L I T 1) LAW 2) INTERNATIONAL or Executive Agreement 3) TREATY 2) All cases involving the constitutionality, application, or operation of: CODE: P O P O R I 1) PRESIDENTIAL DECREES 2) ORDERS 3) PROCLAMATIONS 4) ORDINANCES 5) other REGULATIONS 6) Instructions 3) All cases required to be heard en banc under the RULES OF COURT. 4) Appeals from the Sandiganbayan and from the Constitutional Commissions. 5) Cases heard by a division where required majority of 3 was not obtained. 6) Cases where SC modifies or reverses a doctrine or principle of law laid down by the SC en banc or by a division. 7) Administrative cases to discipline or dismiss judges of lower courts. 8) Election contests for President and VP. 27) WHAT ARE THE POWERS OF THE SUPREME COURT?

1) JURISDICTION 2) Temporarily assign lower court judges to other stations in the public interest Temporary assignment - shall not exceed 6 MONTHS w/o consent of the judge concerned. 3) Promulgate rules concerning: 1) the protection and enforcement of constitutional rights 2) pleading, practice and procedure in all courts 3) admission to the practice of law 4) the integrated bar 5) legal assistance to the underprivileged 28) WHAT ARE THE SAFEGUARDS TO GUARANTEE THE INDEPENDENCE OF THE CONSTITUTIONAL COMMISSIONS? 1) Being constitutionally created, they may NOT be abolished by law; 2) Each is expressly described as INDEPENDENT; 3) Each is conferred certain powers and functions by the Constitution which cannot be reduced by statute; 4) The Chairmen and members cannot be removed, except by impeachment; 5) The Chairmen and members are given a fairly long term of office of 7 YEARS; 6) The Chairmen and members may not be re-appointed or appointed in an acting capacity; 7) Salaries of the Chairmen and members are relatively high and may not be decreased during continuance in office; 8) The Commissions enjoy FISCAL AUTONOMY (Sec. 5, Art. IXA); 9) Each Commission en banc may promulgate its own procedural rules, provided they do not diminish, increase or modify substantive rights (Sec. 6, Art. IXA); 10) The Chairmen and member are subject to certain disqualifications calculated to strengthen their integrity; 11) The Commissions may appoint their own officials and employees in accordance with Civil Service Law. 29) WHAT DO YOU UNDERSTAND BY A COLLEGIATE BODY?

E.g. The Chairman cannot ratify a decision that would otherwise have been void. 30) WHAT TENURE? DO YOU UNDERSTAND BY SECURITY OF

1) Officers or employees of the Civil Service cannot be removed or suspended EXCEPT for cause provided by law. It guarantees both procedural and substantive due process. 2) LEGAL CAUSE 1) Related to and affects the administration of office; 2) Must be substantial (directly affects the fights and interests of the public); 3) Security of tenure for NON-COMPETITIVE positions: 1) Primarily confidential officers and employees hold office only for so long as confidence in them remains; 2) If there is genuine loss of confidence, there is no removal, but merely the EXPIRATION OF THE TERM of office; 3) Non-career service officers and employees do not enjoy security of tenure; 4) Political appointees in the Foreign Service possess tenure co-terminus with that of the appointing authority, or subject to his pleasure; 4) One must be VALIDLY APPOINTED to enjoy security of tenure. Thus, one who is not appointed by the proper appointing authority does not acquire security of tenure. 31) DISTINGUISH ADDITIONAL COMPENSATION, DOUBLE COMPENSATION, AND INDIRECT COMPENSATION: Additional compensation is an extra reward given for the same office. Double compensation occurs when an officer is given 2 sets of compensation for 2 different offices held concurrently by the same officer. Indirect compensation ____________________. 32) WHO MAY BE IMPEACHED? WHO CAN IMPEACH?

Body of EQUALS (group of colleagues). As COLLEGIAL BODIES, each commission must act as one, and no one member can decide a case for the entire commission.

The 1987 Philippine Constitution says the grounds for impeachment include culpable violation of the Constitution, bribery, graft and corruption, and betrayal of public trust. These

offenses are considered "high crimes and misdemeanors" under the Philippine Constitution. IMPEACHABLE OFFICIALS UNDER THE CONSTITUTION: 1) The President; 2) Vice President; 3) Supreme Court justices; 4) members of the Constitutional Commissions; and; 5) Ombudsman. Under Sections 2 and 3, Article XI, Constitution of the Philippines, the House of Representatives of the Philippines has the exclusive power to initiate all cases of impeachment against the President, Vice President, members of the Supreme Court, members of the Constitutional Commissions (Commission on Elections, Civil Service Commission, Commission on Audit), and the Ombudsman. When a third of its membership has endorsed the impeachment articles, it is then transmitted to the Senate of the Philippines which tries and decide, as impeachment tribunal, the impeachment case. In the Senate, selected members of the House of Representatives act as the prosecutors and the Senators act as judges with the Senate President and Chief Justice of the Supreme Court jointly presiding over the proceedings. To convict the official in question requires that a minimum of 2/3 (i.e., 16 of 24 members) of all the Members of the Senate vote in favor of conviction. 33) 1) 2) 3) 4) 5) WHAT ARE THE GROUNDS FOR IMPEACHMENT? culpable violation of the Constitution; treason; bribery; graft and corruption; other high crimes or betrayal of public trust.

Amendment is an alteration of one or a few specific provisions of the Constitution. Its main purpose is to improve specific provisions of the Constitution. The changes brought about by amendments will not affect the other provisions of the Constitution. Revision, on the other hand, is an examination of the entire Constitution to determine how and to what extent it should be altered. A revision implies substantive change, affecting the Constitution as a whole. 35.) WHAT ARE THE MODES OF AMENDING THE CONSTITUTION?WHAT ARE THE MODES OF REVISING THE CONSTITUTION? The modes for amending the Constitution are (1) by Congress, acting as a Constituent Assembly, by a vote of all its members, (2) by Constitutional Convention, which may be called by Congress by a 2/3 vote of all its members or may be submitted to the electorate by a majority vote of all the members of Congress, and (3) by peoples initiative, which must be signed by at least 12% of all registered voters, with every legislative district represented by at least 3% of the registered voters therein. The modes for revising the Constitution are (1) by Congress, upon a vote of of its members and (2) by a Constitutional Convention. 36.) CONSTITUTION, ARTICLE XII, SECTION 2. WHAT IS THE REGALIAN DOCTRINE? IMPERIUM? DOMINION? Section 2, Article XII of the 1987 Constitution: All lands of public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural resources are owned by the State. With the exception of agricultural lands, all other natural resources shall not be alienated. The exploration, development, and utilization of natural resources shall be under the full control and supervision of the State. The State may directly undertake such activities, or it may enter into co-production, joint venture, or productionsharing agreements with Filipino citizens, or corporations or associations at least sixty per centum of whose capital is owned by such citizens. Such agreements may be for a period not exceeding twenty-five years, renewable for not more than

34) WHAT IS THE DIFFERENCE BETWEEN AMENDMENT AND REVISION OR ARE THESE THE SAME?

twenty-five years, and under such terms and conditions as may be provided by law. In cases of water rights for irrigation, water supply, fisheries, or industrial uses other than the development of water power, beneficial use may be the measure and limit of the grant. The State shall protect the nations marine wealth in its archipelagic waters, territorial sea, and exclusive economic zone, and reserve its use and enjoyment exclusively to Filipino citizens. The congress may, by law, allow small-scale utilization of natural resources by Filipino citizens, as well as cooperative fish farming, with priority to subsistence fishermen and fishworkers in rivers, lakes, bays, and lagoons. The President may enter into agreements with foreign-owned corporations involving either technical or financial assistance for large-scale exploration, development, and utilization of minerals, petroleum, and other mineral oils according to the general terms and conditions provided by law, based on real contributions to the economic growth and general welfare of the country. In such agreements, the State shall promote the development and use of local scientific and technical resources. The President shall notify the Congress of every contract entered into in accordance with this provision, within thirty days from its execution. The regalian doctrine states that all natural resources cannot be alienated, with the exception of agricultural lands. Imperium is the government authority possessed by the State, which is appropriately embraced in sovereignty. Dominium is the capacity of the State to own and acquire property. It refers to lands held by the government in a proprietary character. 37.) WHAT IS LAND OF THE PUBLIC DOMAIN? CAN THESE BE LEASED? CAN THESE BE ALIENATED? Section 3, Article XII of the 1987 Constitution: Lands of the public domain are classified into agricultural, forest/timber, mineral lands and national lands. Agricultural lands of the public domain may be further classified by law according to the uses to which they may be devoted. Alienable lands of the public domain shall be limited to agricultural lands. Private corporations or associations may not hold such alienable lands of the public domain except by lease, for period not exceeding twenty-five years, and not to exceed one thousand hectares in

area. Citizens of the Philippines may lease not more than five hundred hectares, or acquire more than twelve hectares thereof by purchase, homestead, or grant. Taking into account the requirements of conservation, ecology, and development, and subject to the requirements of agrarian reform, the Congress shall determine, by law, the size of lands of the public domain which may be acquired, developed, held, or leased and the conditions therefor. 38.) WHO CAN OWN REAL PROPERTY?

As a general rule, private lands can only be conveyed to (1) Filipino citizens and (2) corporations or associations incorporated hi9n the Philippines, at least 60% of whose capital is owned by Filipino citizens. 39.) CONSTITUTION, ARTICLEXII, SECTION 19.

Section 19, Article XII of the 1987 Constitution: The State shall regulate or prohibit monopolies when the public interest so requires. No combinations in restraint of trade or unfair competition shall be allowed. 40.) CONSTITUTION, ARTICLE XIV, SECTION 5. WHAT IS ACADEMIC FREEDOM? Section 5, Article XIV of the 1987 Constitution: The State shall assign the highest budgetary priority to education and ensure that teaching will attract and retain its rightful share of the best available talents through adequate remuneration and other means of job satisfaction and fulfillment. Academic freedom is (1) the freedom of schools to determine who may teach, what may be taught, how it shall be taught, and who may be admitted to study, (2) the freedom of faculty members in research and in the publication of the results, subject to the adequate performance of their other academic duties, in the classroom in discussing their subjects, but they should be careful not to introduce into their teaching controversial matter which has no relation to their subjects, and in speaking or writing in their capacity as citizens, which constitutes freedom from institutional censorship or discipline,

and (3) the freedom of students to enjoy in school the guarantees of the Bill of Rights. 41.) CAN THE GOVERNMENT REGULATE THE SIZE OF ONES FAMILY? BASIS OF ANSWER. Section 1, Article XV of the 1987 Constitution: The State recognizes the Filipino family as the foundation of the nation. Accordingly, it shall strengthen its solidarity and actively promote its total development. 42.) CONSTITUION, ARTICLE XVI, SECTION 1.

Section 1, Article XVI of the 1987 Constitution: The flag of the Philippines shall be red, white, and blue, with a sun and three stars, as consecrated and honored by the people and recognized by law. 43.) DISTINGUISH BETWEEN CONSTITUENT POWER AND LEGISLATIVE POWER. Constituent power is the power to formulate a Constitution or to propose amendments to or revision of the Constitution and to ratify such proposal. It is exercised by Congress (by special constitutional conferment), by a Constitutional Convention or Commission, by the people through initiative and referendum, and, ultimately, by the sovereign electorate. It does not need the approval of the Chief Executive. Legislative power, on the other hand, is the power to pass, repeal or amend ordinary laws or statutes. It is an ordinary power of Congress and of the people, also through initiative and referendum. It needs the approval of the Chief Executive, except when done by the people through initiative and referendum. 44.) DOES THE CONSTITUTION RECOGNIZE CIVILIAN SUPREMACY? Section 3, Article II of the 1987 Constitution: Civilian authority is, at all times, supreme over the military. The Armed Forces of the Philippines is the protector of the people and the State. Its goal is to secure the sovereignty of the State and the integrity of the national territory. 45.) CONSTITUTION, ARTICLE VII, SECTION 13.

Section 13, Article VII of the 1987 Constitution: The President, Vice-President, the Members of the Cabinet, and their deputies or assistants shall not, unless otherwise provided in this Constitution, hold any other office or employment during their tenure. They shall not, during said tenure, directly or indirectly, practice any other profession, participate in any business, or be financially interested in any contract with, or in any franchise, or special privilege granted by the Government or any subdivision, agency or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries. They shall strictly avoid conflict of interest in the conduct of their office. The spouse and relatives by consanguinity or affinity within the fourth civil degree of the President shall not during his tenure be appointed as Members of the Constitutional Commissions, the Office of the Ombudsman, or as Secretaries, Undersecretaries, chairmen or heads of bureaus or offices, including governmentowned or controlled corporations and their subsidiaries. 46.) DO SENATORS ENJOY IMMUNITY FROM SUIT?MEMBERS OF THE HOUSE OF REPRESENTATIVES? THE PRESIDENT? Legislators are privileged from arrest while Congress is in session only with respect to offenses punishable by not more than 6 years of imprisonment. The immunity, however, does not extend to the prosecution of criminal offenses. On the other hand, the Presidents immunity from suit is personal and may be invoked by him alone. The President may, however, waive the immunity impliedly, as when he himself files suit. 47.) DISTINGUISH BETWEEN THE POWER TO CONTROL AND THE POWER TO DISCIPLINE. The power to control is the power of an officer to alter, modify, or set aside what a subordinate officer has done in the performance of his duties, and to substitute the judgment of the officer for that of his subordinate. The power to discipline, on the other hand, is the power of the President to discipline officers, which flows from the power to appoint the officer and not from the power to control.

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48.) WHAT EXECUTIVE ACTIONS NEED CONCURRENCE BY CONGRESS? BY THE SENATE? BY THE HOUSE OF REPRESENTATIVES? The suspension of the privilege of the writ of habeas corpus and the declaration of martial law may be revoked by Congress, voting jointly, by a vote of at least a majority, and the President cannot set aside the revocation. Upon the Presidents initiative, the Congress may extend the proclamation or suspension for a period determined by Congress if (1) invasion or rebellion persists and (2) public safety requires it. Amnesty cannot be granted by the President alone, for it needs the concurrence by a majority of all the members of Congress. The President has the power to negotiate treaties and other international agreements, however, the same shall be transmitted to the Senate, which may (1) approve it by 2/3 majority vote, (2) disapprove it outright, or (3) approve it conditionally, with suggested amendments. 49.) WHAT IS THE EFFECT OF A DECLARATION OF UNCONSTITUTIONALITY OF AN ACT OR OF A LAW? The effect of a declaration of unconstitutionality is that, prior to the declaration that a particular law is unconstitutional, it is considered an operative fact. Vested rights acquired under such law before it was declared unconstitutional are not prejudiced by the subsequent declaration that the law is unconstitutional. 50.) WHAT IS MERIT AND FITNESS IN CIVIL SERVICE APPOINTMENTS? In civil service appointments, entrance based on merit and fitness is to be determined as far as practicable by competitive examinations, or based on highly technical qualifications. This characterizes the career service or competitive positions while the non-career service or non-competitive positions are exempted from the same.

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