1. Legislative Privilege a. Immunity from arrest A Senator or Member of the House of Representatives shall, in all offenses punishable by not more than six (6) years imprisonment, be privileged from arrest while the Congress is in session. (Section 11, Article VI, 1987 Constitution) RESTRICTIVE SENSE: The immunity from arrest or detention of Senators…
Preliminary The legislative power shall be vested in the Congress of the Philippines which shall consist of a: 1) a Senate; and 2) a House of Representatives … except to the extent reserved to the people by the provision on initiative and referendum. (Section 1, Article VI, 1987 Constitution) 1. Senate a. 24 Senators The…
Preliminary SECTION 1. The legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and a House of Representatives, except to the extent reserved to the people by the provision on initiative and referendum. (Article VI, 1987 Constitution) 1. Scope and limitations a. Congressional Oversight Broadly defined, the…
1. Concept The State may not be sued without its consent. (Section 3, Article XVI, 1987 Constitution) No suit shall lie against the State except with its consent as provided by law. (Section 10, Chapter 3, Book I, E.O. 292, Administrative Code of 1987) Doctrine of sovereign immunity:The immunity of the State from suit, known…
1. Actual Division in our Constitution The separation of powers is a fundamental principle in our system of government. It obtains not through express provision but by actual division in our Constitution. Each department of the government has exclusive cognizance of matters within its jurisdiction, and is supreme within its own sphere. But it does…
Preliminary The State has three fundamental powers: 1) Police power; 2) Eminent domain; and 3) Taxation. (Planters Products, Inc. v. Fertiphil Corporation, G.R. No. 166006, 14 March 2008) 1. Police power a. Concept Police power is the power of the state to promote public welfare by restraining and regulating the use of liberty and property….
Preliminary The 1987 Philippine Constitution provides: ARTICLE I National Territory The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial, and aerial domains, including its territorial sea, the seabed, the subsoil, the insular…
1. Preamble The Preamble of the 1987 Constitution reads: We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society, and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our…
Preliminary The following are the decorated State policies under the 1987 Constitution: 1) That the State shall pursue an independent foreign policy; 2) That the State shall pursue a policy of freedom from nuclear weapons in its territory; 3) That the State shall promote a just and dynamic social order; 4) That the State shall…
1. Principles The following are the decorated principles under the 1987 Constitution: 1) That the Philippines is a democratic and republican State; 2) That sovereignty resides with the people; 3) That the Philippines renounces war as an instrument of war; 4) That the Philippines adopts international law; 5) That civilian authority is supreme over the…