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Textbook on the Philippine Constitution [Hector S De Leon] ( · - - Download PDF. Share. Related .. The Constitution. Textbook-on-the-Philippine-Constitution (1).pdf - Ebook download as PDF File .pdf), Text File .txt) or read book online. DE LEON LL.B., UniverRity of the Philippines Member, Integrat ed Bar of the Philippines HECTOR S. DE LEON The present Republic came into being upon the ratification of the The Philippine Constitution By Hector De Leon Pdf Download by Fernanis, released 09 March The Philippine Constitution By Hector De Leon Pdf.
Any copy of this book without the corresponding number and the signature of the author on this page either proceeds from an illegitimate source or is in possession of one who has no authority to dispose of the same. Yet it is so important a document with which every citizen should be familiar as it directly and constantly touches every aspect of his everyday life; indeed, to be r espect ed, obeyed and defended if our nation must grow and survive. This is the reason for the requirement that "all educational institutions shall include the study of the Constitution as part of the curricula. XIV, Sec. In an attempt to make it easily understandable, the author avoids legal details and elabor ate citations of cases.
Limitations on the ri ght Right to information on matters of public concern Scope of the right. Limitations on t he right. Purposes of the guarantee.. Limitation on the right Essential or inherent powers of government Meaning of eminent domain Conditions for or limitations upon its exercise Meaning of "taking" Meaning of police power Basis of police power Illustrations of police power laws Meaning of taxation Theory and basis of taxation Meaning of taxes Distinctions among the three powers Meaning of obligation of a contract Scope of terms "law" and "contract" Purpose of non-impairment prohibition Wben obligation of contract impaired Freedom to contract not absolute Constitutional tights of the accused in criminal cases Reasons for constitutional safeguards Right to free access to the courts and quasi-judicial bodies Right to adequate legal assistance Rights of person under investigation Effect of violation of the rights When rights can be invoked Waiver of right of silence and to counsel Meaning of bail Purpose and for1n of bail Who may not invoke the right to bail Meaning of capital offense Excessive bail prohibited Right to due process of law in criminal cases Right to presumption of innocence Statutory presumptions of guilt Right to be heard by himself and counsel Meaning and purpose of arraignment Importance of the right to counsel Sep 28, Hershe De nieva added it.
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Canvassi ng of r eturns and proclamation Election contest i nvolving the position of President or Vice-President Oath or affirmation of the President, Vice-Pr.
Official r esidence and compensation of the and Vice-President Classes of Presidenti al succe!! When Vice-President s hall act as President When Vice-President shall become Prc!:!
Where there are no President and Vice-President Vacancy i n the Office of the Vice-President Vacancy i n the Offices of both the President and Vice-President Rules in case of temporary di sability of the President.. Disabilities of President , Vice-President, of Cabinet.
Rule on nepoti s m.. Appoint ments extended h. Meaning of appointment Officials whose appointments are vested in the President Confirmation of appoint ments by Commission on Appointments Appointment by other officials Kinds of presidential appointments Ad interim appoi ntments Kinds of appointment in the career services.. Steps in the appointing process Kinds of acceptance Meaning of designation Removal power of t he President Extent of the President's power to remove Power of control over all executive departments, bureaus and offices Nature and extent of the power of control Power to insure that the laws be faithfully executed..
Military power of the President Authority of Congress over the armed forces Power to suspend privilege of writ of habeas corpus Power to declare martial law Meaning of martial law Basis, object, and duration of martial law.. Restr ictions on the exercise of the two powers. Effects of a state of martial law Pardoning power Meaning of reprieve and suspension of sentence Meaning of commutation.. Meaning of pardon Object of pardoning power Kinds of pardon Limitations upon the pardoning power Effects of pardon Remission of fines and forfeitures Meaning of amnesty Effect of amnesty Pardon and amnesty distinguished Authority to contract and guarantee foreign loans Meaning of treaty Steps in treaty-making Budgetary power of the President Prerogative to address and appear before Congress Meaning of judicial power Scope of judicial power Giving of advisory opinions not a judicial function.
Judicial power vested in one Supreme Court and in lower courts Organization of courts Quasi-j udicial agencies Importance of the judici ary Independence of the judiciary Power to apportion jurisdiction of various courts vested in Congress Jurisdiction of courts Fiscal autonomy Composition of the Supreme Court Sitting procedure Cases to be heard or decided en bane and vote required Meaning of executive agreement Meaning of power of judicial review Limitations on exercise of power of judicial review Justiciable question disti nguished from political question Original jurisdiction of Supreme Court over cases affecting ambassadors, etc.
Original jurisdiction of Supreme Court over petitions for certiorari, etc. Exclusive appellate jurisdiction of the Supreme Court Assignment of judges of lower courts to other stations Change of venue or place of trial Rule-making power of the Supreme Court Limitations on the rule-making power of the Supreme Court Appoi ntment of officials and employees Administrative supervision over lower courts Authority of Congress to alter qualifications of certain constitutional officers Qualifications of judges of lower courts The admini stration of justice Appointment of members of the Supreme Court and j udges of lower courts.
Compensation of members of the judiciary Tenure of office of members of t he judiciary Meaning of good behavior Disciplining or dismissal of judges of lower courts Procedure in rendering decisions Requirement in case of non- participation, di ssent, or abstention Meaning of decision Form of decision of court Maximum periods for rendition of decisions Time limitations mandatory Submission of annual report Independent constitutional bodies Disabilities of members of Constitutional Commissions Compensation of members of Constitutional Commissions Appointment and removal of officials and employees Other common features Rules of procedure Rendition of decision and judicial review Additional functions under the law Composition of the Civil Service Commission Qualifications ofmembers Appointment and terms of office Rotational scheme of appointment Reasons for creation of the Commission Meaning of Civit Service Scope of the Civil Service Constitutional classification of positions in the Civil Service The merit system Non-competitive positions Guarantee of security of tenure Meaning of"for cause provided by law" Abolition of position Prohibition against electioneering and other partisan political campaign Meaning of electioneering or partisan political campaign Activities not covered Right of government employees to self-organization Right of government employees to strike Protection oftemporttry employees Powers and of the Commission Importance of a permanent civil service Purpose of providi ng a civil service system.
Basic requisites of a civil service system Oath to dt! Standardization of compensation I neligibility for appoint ment of defeated candidate in an election Ineligibility for appointment of elective official s Prohibition hol ding more than one position by appoin tive officials Prohibition agai ns t additional, double, or indirect compensation E"c 2ptions to the prohibition Prohibition again,-.
Composition of the Commission on Elections Qualifications of members Purpose of the Commission Powers and functions Ofthe Commission Finality of decisions Rationale of r egistration of political parties Hearing of election cases Regul ation of public utili ties and media Pardon, etc.
Meaning of parole Meaning of suspension of se ntence Meani ng of pol itical party Fr ee and open party system.. Membership f political pnrties, etc.
Election per iod Campaign period Protection against harassment and discrimination AutomaLic of appropriations Composition of the Commiss: Purpose of the Commi: PowerH and functions of the Commission Concept of examination, auditing, and settlement of accounts Exemption of any government entity or its subsidiary Submission of report to t he President and Congress Import ance oflocal governments Territorial and poli tical s ubdivisions of the Philippines..
Dual status of local governments Meani ng of! Meaning of decentralization Reasons for grant ing local autonomy Enactment oflocal government code Mechanisms of r ecall , i nitiati ve, and referendum Supervi sor y power of Pr esident over local governments Supervisory power with r espect to component uni t " Taxi ng power of local government s constitutionally granted Automatic release of share of national taxes Share in proceeds of uti lization and development of national wealth Term of office of local offic: Sectoral representation in local legislative bodies..
Creation, division, merger, etc. Creation of special metropolitan political subdivisions Component cities and highly urbanized cities Grouping of local government units Regional development councils or other similar bodies Creation of regions Composition and condition for creation of autonomous regions Residual powers vested in the National Government Enactment and ratification of an organic act for each autonomous region Time frame for the passage of organic..
Legislative powers of autonomous regions.. Preservation of peace and order within the regions. Meani ng of public office and public officer Nature of public office Meaning of officer and employee Public oftice, a public trust Accountability to the people Importance of maintaining public trust in public officers Meani ng and nature of impeachment Purpose of impeachment Officials removable by impeachment Removal of other officials Grounds for impeachment Power to initiate and try impeachment vested in Congress Procedure in impeachment cases Penalty in impeachment cases Effect of resignation Rules on impeachment Office of the Ombudsman to be known as Tanodbayan Rationale for creation of the two bodies Powers, functions, and duties of the Ombudsman Right of the State to recover ill-gotten wealth Prohibition against grant ofloan, guaranty or other form of financial accommodation Declaration of assets, liabilities and net worth Duty of allegiance to the State and the Constitution Concept of national economy and patrimony Three-fold goals of the national economy Strategies to accomplish goals Guidelines in the development of the national economy Promotion of industrialization and full employment Protection of Filipino enterprises against unfair foreign competjtion and trade practices State ownership of natural resources Objectives of policy on natura] resources Alienation of agricultural lands of the public domain Exploration, development and utilization of natural resou: Period of agreement for exploration, etc.
Agreement for exploration, etc. Protection of marine wealth Small-scale utilization of natural resources by Filipinos to be allowed. Technical or financial assistance agreements with foreign-owned corporations Classification of lands of the public domain Determination of size of landholdings and conditions therefor Maximum size of landholdings Grant, now a mode for the aequisition of public lands Congress to determine specific limits of forest lands and national parks Protection of rights of indigenous cultural communities to their ancestral lands Use of property bears a social function Right to own, Cl: Acquisition of pri vate lands Prohibi tion against alien landholding Consequence of violation of prohibition Right of natural-born citizens who have lost their citizenship to acquire pri vate lands Independent t.
Filipinization of ce-rtai n areas of investments Higher percentage of Filipino ownership Meaning of franchise.. Meaning of-public utility.. Limitations upon grant of fra nchi se, etc.
Purpose oflimiti ng period of franchise Equity participation in public utilities Foreign par tici pation in any public utility.. Adoption of ''Filipino First" policy.. Promotion of trade policy that serves t he general welfare Promotion of national talent pool of Filipinos Regulation of technology trans fer Practice of all professions limited t o Fili pino!
Agency to promot. Creation of government-owned or -controlled corp0l'at1ons Temporary take-over or- direction of private busim! Meaning of monopoly Regulatiun or prohibition of private monopolies Meaning of restraint of trade Meaning of competition S93 5.
Meaning of unfair competition Central monetary authority to be established Rules with respect to foreign loam; Concept of social justice Duty of State to prc,motc social justice Beneficiary of social justice policy Social justice and property rights Social justice through promotion of equality of opportunity Constitut ional provisions on social j ustice Prot ect ion to labor Rights of workers Principle of shared respon s ibility Methods for resolving labor Roci procal rights of labor and enterprises Undertaking an agrar ian r eform pr ogram Planning, organi1.
Dis pos ition of other natural r esources and of public agr icul tural es tate:: Resettlement of landless farmers and Rights of subsistence fisher me n and fishworkerf-! Inves t ment incen tives to landowners Protection of working women Role and righto of people's organizations Obligatlons impo: The Commission on Human Rights Reasons for creation nf t. Concept of education Ways for acquiring education Right of all to quality education Duty of the State to protect and promote right to quality educat.
Complete, adequate, Hnd integrated system of educat. System of education t o be relevant to the needs of the people and society System of a free publ ic education to be estabiished and maintained Natural right and duty of parcnLli to rear their children Righ t oft.
System of scholan;hip grants, etc. Non-formal, i nformal, and indigcnom; learning ;;ysterr. Training in civie: Study of Constitution to be part of school curricula Educational ai ms of schools Importance of values education Role of other sectors in the education of the youth Optional reli gious instruction in public elementary and high schools to be all owed Complementa ry roles of public and private educational institutions recognized Ownership, control and administration of educational ins ti t ut ions by Fi lipino t-'itizcns Educational instit ut ions est abli shed exclusively for aliens pr ohibited Exemption from taxes and duties Institutions of hi gher!
Importance of guarantee of academic freedom Guarantee not academic licens e Right of every citizen to select a profession or of study.
Right of teachers t o professional advancement Right of non-teaching academic and non-academic per sonnel State to assign the highest budget ary priority to education Duty of State to improve lot of t eachers Concept of language Importance of language National language is Filipino..
Pilipino not immediately abrogated Need for a oHtionallanguage.. Use of Filipino as a medium of offici al communica tion and language of instruction Official languages ofthe Philippines Need for communication skills i n English Auxiliary offi cial languages..
Difference bet ween official language and national language Constitution ofliciall y promulgated in Filipino and English Translation and interpretation National language to be Concept of science and technology Science and technology essential for national development and progress. Promotion of science and t echnology Science and technology education and training Right to inventions, etc.