COURSE OUTLINE IN Political LAW REVIEW ATTY. FREDERICK G.

DEDACE

I. Overview of the ConsTitution II. THE PHILIPPINES AS A SOVEREIGN STATE State defined Collector of Internal Revenue v. Campos Rueda, 42 SCRA 23 (1971) Elements Territory The Archipelagic Doctrine Article 1- 1987 Constitution The Philippine Archipelago Treaty Limits Treaty of Paris, Art. III Treaty between Spain and U.S. concluded at Washington, D.C. on Nov. 7, 1900 and that between U.S. and Great Britain on January 2, 1980. Method of determining baselines Rep. Act No. 3046, June 17, 1961 Rep. Act. No. 5446, Sept. 8, 1968 Other territories over which the Philippines has sovereignty or jurisdiction. P.D. no. 1596, June 11, 1978

Two Hundred-Mile Exclusive Economic Zone P.D No. 1599, June 11, 1978 U.N Convention on the Law of the Sea, April 30, 1982 People Different meanings of word people: As inhabitants Art. XIII, sec. 1; art. II secs. 15-16

Art. III, sec. 2; Qua Chee Gan v. Deportation Board, 9 SCRA 27 (1963) The right to be secure against unreasonable searches is a popular right applicable to citizens and foreigners alike.

As citizens Preamble; Art.II 4; Art XVI, sec. 2; Art. XVIII, sec. 25 Art. IV Citizenship Who are citizens of the Philippines - Sec. 1 Natural-born citizens, - Sec. 2 Who must be natural born citizens: President Art. VII, sec. 2 Vice President Art. VII, sec. 3 Members of Congress Art. VI, secs. 3 and 6 Justices of the Supreme

Court and lower collegiate courts Art. XI, sec. 7 (1) Ombudsman and his deputies Art. XI, sec. 8 Constitutional Commissions Art. IX, B, sec. 1(1); art. IX, C, sec. 1 (1); art. XI, D, sec. 1 (1) Members of the central Monetary Authority Art. XII, sec. 20 Commission on Human Rights Art. XIII, sec. 17(2) Former Natural-born citizens as transferees of private lands Art. XII, sec. 8 Naturalized citizens - Commonwealth Act No. 473

Who are qualified to be naturalized? Commonwealth Act No. 473, sec. 2 When is the 10-year residence requirement reduced to 5 years? Commonwealth Act No. 473, sec. 3 Who are disqualified to be naturalized? Commonwealth Act No. 473, sec. 4 Declaration of intention - Commonwealth Act No. 473 sec. 5 Procedure Commonwealth Act No. 473, secs. 7-8

When decision executory? Rep. Act No. 530, sec. 1 Effect on wife and mirror children - Commonwealth Act No. 473, sec. 15 Denaturalization Com. Act. No. 473, sec. 18

Loss and reacquisition of citizenship Express renunciation or Expatriation - Com. Act No. 63, sec. 1 (2); Yu v. Defensor-Santiago, G.R. No. 83882, Jan. 24, 1989 Reacquisition or Repatriation People V. Avegoza, 119 SCRA 1 (1982) Dual Allegiance vs. Dual Citizenship Sovereignty Doctrine of State Immunity from Suit- Art XVI, sec. 3 Republic v. Villasor, 54 SCRA 83 (1973) When a suit considered as against the State ? Begoso v. Chairman, Philippines Veterans Adm.., 32 SCRA 466 (1970) Del Mar v. Philippines Veterans Adm., 51 SCRA 340 (1973) Republic v. Feliciano, 148 SCRA 424 (1987) When can the state be sued? Consent express or implied Republic v. Purisima, 78 SCRA 470 (1977) Republic v. Feliciano, 148 SCRA424 ( 1987) Express consent Money claims arising from contracts Act No. 3083 Com. Art 327 Sayson v. Singson, 54 SCRA 282 Quasi delicts committed by special agents Civil Code, art 2180 Meritt v. Government of the Philippines Islands, 34 Phil. 311 (Government Liability for quasi delict if committed by special agents) Incorporation of government owned or controlled corporations Implied Consent When the government enters into business contracts United States of American v. Ruiz, 136 SCRA 487 (1985)

Malong v. PNR, 138 SCRA 63 (1985) When it would be inequitable for the government to claim community Santiago v. Republic, 87 SCRA 294 (1978) Commissioner of Public Highways v. Burgos, 96 SCRA 831 (1980) Suability vs. Liability Immunity extends to foreign states Minucher vs. Court of Appeals G.R. No. 142396 February 11, 2003

Government United States v. Dorr, 2 Phil. 332, 339 Government of the Philippines- Administrative Code, sec. 2

II. PRINCIPLES AND POLICIES Principles Sovereignty of the People and Republicanism Art II, sec. 1 Renovation/Revocation Art V - Suffrage Adherence to international Law Preamble Art. II, sec. 2 Id., sec. 7-8 Art XVIII,sec. 4 and 25 Supremacy of Civilian Authority Art II, sec. 3 Art. VII, sec. 18 Art. XVII, sec. 5(4) Art. XVI, sec. 5(2) Government as Protector of the People and People as Defenders of the State Art. II, sec. 4 Id. Sec. 5 Separation of Church in State Art II sec. 6 Art. III, sec. 5 Art. IX, C, sec. 2(5) Art. VI, sec. 5(2) Exceptions: Art VI, sec. 28(3) Id. Sec. 29(2) Art XIV, sec. 3(3) Id. Sec. 4(2) Policies Independent foreign policy and a nuclear free Philippines Art. II secs. 7-8 Art. XVIII, secs. 4 and 25 A just and dynamic social order Preamble Art. II, sec. 9 The Promotion of social justice Art. II sec. 10 Art. XIII, secs.1-2 Art.II,sec.26 Art. VII, sec. 13, par.2 Respect for human dignity and human rights Art.II, sec. 11 Art. XIII, secs 17-19

Fundamental equality of women and men Art. II sec. 14 Art. XIII, sec. 14 Promotion of Health Art. II, secs. 15-16 Art. XIV, sec. 2 Urban land reform and Housing Art. XIII, secs. 9-10 Reforms in agriculture and other natural resources Art. II, sec. 21 Art. XIII, secs. 4-8 Protection of Labor Art. II sec. 18 Art. XIII,sec. 3 The right of government workers to form unions Art. III, sec.8 Art. IX, B, sec. 2(5) Independent Peoples organization Art. II, sec. 23 Art. XIII, secs.15-16 The Family as a Basic Autonomous SOCIAL Institution Art. II, sec. 12 Art. XV (The Family) Art. II, sec. 13 Family Code on marriage as a social institution A self-reliant and independent economic order Art.II,sec. 19 Id. Sec. 20 Art. XII,sec. 6 (National Economy and Patrimony) Communication and Information in National-building Art. II,sec. 24 Art. XVI,sec. 10-11 Art. XVIII, sec. 23 Autonomy of local government Art. II, sec. 25 Art. X(Local Governments) Recognition of the rights of indigenous cultural communities Art. II, sec. 22 Art. VI, sec. 5(2) Art. XII, sec,. 5 Art. XIII, sec. 6 Art. XIV, sec. 17 Art. XVI, sec. 12 Honest Public Service and Full Public Dis-closure Art. II, sec. 27 Art. XI, secs. 4, 5-6 Art. II,sec. 28 Art.XI,sec. 17 Art. VII, sec. 12 Art. VII, sec. 20 Art. XII, sec. 21 Art. XII, sec. 2, par.5 Art. VI,secs.12 and 20 Art. IX, D,sec. 4 Art. III,sec. 7 III. ARTICLE III - BILL OF RIGHTS

Generally a limitation against the arbitrary exercise of the sovereign power of the state . Generally self-executing provisions. Read : PBM Employees Association vs. Philippine Blooming Mills 50 SCRA Sec. 1 and 10 THE DUE PROCESS, EQUAL PROTECTION AND CONTRACT CLAUSES AS LIMITATIONS ON POLICE POWER, EMINENT DOMAIN AND TAXATION

Meaning of life, liberty, and/or property: Life right of an individual to his body in its completeness, free from dismemberment and extends to the use of his Godgiven faculties, which makes life enjoyable. Read : Buck vs. Bell 274 SCRA 200 Liberty includes the right to exist free from arbitrary personal restraint or servitude. Read: Rubi vs. Provincial Board of Mindoro, 39 Phil 660 Property is anything that can come under the right of ownership and be the subject of a contract; it includes the right to secure, use and dispose. Employment, profession or trade is a property right ; Read Crespo vs. Provincial Board 160 SCRA 66 Licenses are not property rights and may be revoked at will; Read Pedro vs. Provincial Board of Rizal, 53 Phil 123 Due Process Substantive Procedural Administrative Judicial Doctrinal Cases for reading: Amarillo et al. vs. Sandiganbayan G.R. Nos. 137953 March 11, 2002 Coquilla vs. Commission on Elections et al G.R. No. 151914 July 31, 2002 Cruz et al. vs. Civil Service Commission G.R. No. 144464 November 27, 2001G.R. No. 121327 December 20, 2001 Emin vs. De Leon et al. G.R. No. 139794 February 27, 2002 Jaylo et al. vs. Sandiganbayan G.R. No. 111502-04 November 22, 2001 Marciales vs. Court of Appeals et al.G.R. No. 124171 March 18, 2002 Padilla et al. vs. Court of Appeals G.R. No. 123893 November 22, 2001 People vs. Glabo G.R. No. 129248 December 7, 2001 Producers bank vs. Court of Appeals et al. G.R. No. 126620 April 17, 2002 10. Quintos vs. Commission on Election G.R. No. 149800 November 21, 2002 11. Republic vs. Extelcom et al. G.R. No. 147096 January 15, 2002 12. Spouses Casimiro et al. G.R. No. 136911 February 11, 2003 Equal protection Art. III, sec. 1; art. II, sec. 14 Economic equality Art. XIII, Art. XII, Art. III, Art. VIII secs. 1-2 (social justice) sec.3 (protection to labor) sec. 10 (Nationalization of business) sec. 2, par. 2 (reservation of marine resources) sec. 11 (free access to the courts) sec. 5 (5) (legal aid to poor)

Political equality Art. IX, C, sec. 10 (protection of candidates against discrimination0 Art. III, sec. 11 (free access to the courts) Art. XIII, sec. 1 (social justice) Social equality Art. XIII, sec. 1 Section 2 & 3 Arrest, Searches and Seizures Conditions for issuance of search warrants Yee Sue Luy v. Almeda, 70 Phil. 141 (1940) Pasion Sda. De Garcia v. Locsin, 65 Phil. 689 (1938) Burgos v. Chief of Staff, 133 SCRA 800 (1984) Corro v. Lising , 137 SCRA 341 (1985) Bache & Co. (Phil.) v. Ruiz, 37 SCRA 823 (1971)

Olaes v People, G.R no. 78347-49, no. 9, 1987 When search may be made without a warrant People v. Kagui Malasugui, 63 Phil. 221 (1936) Rule 126, sec. 12 People v. Veloso, 48 Phil. 169 (1925) Nolasco v. Cruz Pano, 139 SCRA 152 (1985) Reconsidered, G.R. No. 69803, Jan. 30 1987 Papa v. Mago, 22 SCRA 857 (1968) People vs. Valencia et al. G.R. No. 143032 October 14, 2002 What may be seized Rule 126, sec. 2 Exclusionary rule Art. III, sec. 3(2)

In the issuance of the warrants of ARREST, as distinguished from SEARCH warrants, the judge may rely simply on fiscals certification as to probable cause Compare Rule 112, sec. 6 (on warrants of arrest) with Rule 126, sec. 4 (on search warrants) When arrest may be made without a warrant Rule 113, sec. 5 People v. Burgos, 144 SCRA 1 (1986) Art. III, sec. 12 & 14 Rights of an accused Source: Miranda v. Arizona, 384 U.S. 436 (1966) 1. The right to counsel during Custodial People vs. Baloloy G.R. No. 140740 April 12, 2002 People vs. Felixminia G.R. No. 1253333 March 20, 2002 People vs. Suela et al. G.R. No. 133570-71 January 15, 2002

Miranda rule not applicable to confessions executed before Jan. 17, 1973 Custodial Phase of investigation-Police Line-ups New Rule on waiver (Feb. 2, 1987) Art. III, sec. 12 (1): Waiver must be in writing and made in the presence of counsel The burden of proving voluntariness of waivers is on the prosecution What may be waived: The right to remain silent and to counsel, but not the right to be given Miranda Warning Exclusionary rule 2. Right to bail Art. III, sec. 13 When bail is a matter of right, when it is a matter of discretion

3. Presumption of innocence 4. Right to be heard personally or by counsel Filing of demurrer to evidence is a WAIVER of right to be heard (Rule 119, sec.15) (Grant of demurrer is equivalent to an acquittal) 5. Right to be informed of nature and cause of accusation 6. Right to speedy, impartial and public trial 7. Right to confront witnesses 8. Rights to secure attendance of witnesses Trial in absentia Rule 115, sec. 1 (c) When presence of the accused is required Arraignment and Plea, whether of innocence or of guilt During trial, for identification Promulgation of sentence, unless it is for a light offense, in which case accused may appear by counsel or a representative (Rule, 126 sec. 6) 9. Privilege against self-incrimination Art. III sec. 17 Scope-Covers compulsory testimonial self incrimination Use Immunity vs. Transactional Immunity Transactional Immunity Art. XIII, sec. 18(8) Rep. Act no. 1379, sec. 8 Use in Fruit Immunity Galman v. Pamaran, 138 SCRA 274 (1985) P.D. No. 1886 Exclusionary rule Art. III, sec. 12 (3) Effect of denial of privilege by court 10. Right to an impartial tribunal 11. Right to speedy disposition of cases Art. III, sec. 16 Art. VIII, sec. 15 Art. VII, sec. 18, par. 3 Art. IX, A, sec. 7 Art. III, sec. 19 - Punishment Excessive fines and cruel, degrading and inhuman punishments People v. Dela Cruz, 92 Phil. 900 (1953) People v. Borja, 91 SCRA 340 (1979) The ban on the use of death penalty People v. Muoz, G.R. Nos. 38968-704, Feb. 9, 1989 Art. III, sec. 18 involuntary servitude Art. III, sec. 20 Imprisonment for debt Art. III, sec. 21 Ex post facto laws and bills of attainder Double jeopardy People v. Obsenia, 23 SCRA 1249 (1968) Melo v. People, 85 Phil. 766 (1950) (frustrated homicide to homicide) People v.

Yorac, 42 SCRA 230 (1971) (slight physical injuries to frustrated murder) People vs. Sandiganbayan et al. G.R. No. 140633 February 4, 2002 People vs. Vera G.R. No. 134732 May 29, 2002 Potot vs. People et al, G.R. No. 143547, June 26, 2002 Kepner Doctrine People vs. Dela Torre G.R. Nos. 137953-58 March 11, 2002

VI. Article VI - Legislative Department Composition, Qualification, and Term of Office Senate Art. VI, secs. 2-4 House of Representatives Art. VI, secs. 5-8 Art. IX, secs. 6-8 Art. XVIII, sec. Sec. 7 Synchronized terms of office Art., XVIII, secs. 1-2 Election Regular election Art. VI, sec. 8 Special election Art.VI,sec.9 Rep. Act No. 6645, Dec. 28, 1987 Art.IX, C, sec. 11 Organization and sessions Election of officers - Art. VI, sec. 16(1) Quorum - sec. 16(2) Rules of Proceedings sec. 16. (3) sec. 21 Journal and Congressional Record - Art.VI, sec. 16(4) The enrolled Bill Theory Probative value of the Journal Matters to be entered in the Journal Yeas and nays on third and final reading of a bill Art. VI, sec. 26 (2) Veto Message of the President Art. VI, sec. 27 (1)) Yeas and nays on the repassing of a bill vetoed by the President Art.VI, sec. 27 (1) Yeas and nays on any question at the request of 1/5 of members present Art.VI,sec. 16(4) Journal Entry Rule vs. Enrolled Bill Theory Sessions Regular sessions Special session Art. VI,sec. 15 Art.VII, secs.10-11 Art.VII,sec.18,par.3

Joint session Voting separately Art.VII,sec.4(Choosing the President) Sec. 11,par.4 (Determining the Presidents temporary disability) sec.9 (Confirming the nomination of a Vice Presidents) Art. VI,sec. 23(1) (Declaring a state of War) Art. XVII, sec. 1(1), (Proposing constitutional

amendments) Voting Jointly Art. VII, sec.18 (To revoke or extend martial law or suspension of privilege of habeas corpus) Freedom from ArrestRev. Penal Code, Art.145 Art. VI,sec. 11

Speech and Debate Clause Art.VI, sec. 11 Disqualifications Incompatible and Forbidden Offices Art. VI sec. 13 Other prohibitions Electoral Tribunals Art.VI,sec. 14 Art. VI secs.17 and 19 Art. VI secs. 18-19

Commission on Appointments Powers of Congress

General Plenary Powers - Art.VI, sec. 1 Limitations: Substantive limitations Art.III (Bill of Rights) Art.VI,secs.25 and 28 Art.XIV,sec.4(3) Art.VI,sec.29,sec. 30,sec.31 Implied substantives LimitationsProhibition against delegation of legislative powers Prohibition against passage of irrepealable laws Exceptions to Non delegation Doctrine Delegation to the President-Art.VI,sec.23(2) and sec.28 (2) Delegation to the People-Art.VII,sec.32 Delegation to local government: Legislative investigations-Art.VI,sec.21 Act as board of canvassers for Presidential elections- Artt.VII,sec. 4,par.4 Call special election for Presidents and Vice Presidents-Art.VII,sec. 10 Revoke or extend suspension of privilege f habeas corpus or declaration of martial law-Art.VII,sec. 18 Approve Presidential amnesties-Art.VII,sec.19 Confirm certain appointmentsArt.VII,sec.9 Concur in Treaties-Art.VII,sec.21 Declaration of war and delegation of emergency powers-Art.VI,sec.23 To be judge of the Presidents physical fitness-Art.VII,sec.11, par.4 Power of impeachment Who are subject to impeachmentArt.XI,sec. 2 Grounds for impeachment-Art.XI,sec. 2 Power with regards to utilization of natural resources-Art.XII,sec.2 Amendments of the constitution-Art.XVII,secs.1-2 V. Article VII - Executive Department President- Art. VII,secs. 2, 4 and 5 Privilege and Salary-Art.VII,sec. 6 Prohibitions-Art.VII,sec.13 Compare prohibitions against other officials Art.VI,sec. 13 Art.IX,A,sec. 2 Art. IX, B, sec. 7 Exceptions to rule prohibiting executive officials from holding another office: Vice President as member of the cabinet (Art.VII,sec. 3, par.2) Secretary of Justice as member of Judicial and Bar Council (Art.VIII,sec. 8(1)) Succession In case of vacancy at the beginning of term-

Art.VII,sec. 7, sec. 10 In case of vacancy during term - Art. VII,sec. 8, 10 In case of temporary disability-Art.VII,secs.11-12 Removal-Art.XI,secs. 2-3 Powers of Functions of the President Executive Power-Art.VII,secs. 1 and 17 Control of executive department-Art. VII,sec. 17 National Electrification Administration vs. Co GR No. 143481 February 15, 2002 General supervision of local governments and autonomous regions-Art. X, sec.4, 16 Power of appointments With consent of commission on appointments Sarmiento v. Mison, G.R No. 79974, Dec. 17, 1987 Concepcion-Bautista v. Salonga, G.R No. 86439, April 13, 1989 Heads of Departments-Art. VII,sec. 16 Ambassadors, public ministers, and consulsArt.VII,sec. 16 Officers of the armed forces from the rank of colonel and naval captain- Art.VII,sec. 16 Chairman and members of constitutional Commissions- Art. IX, B. sec.1(2), C, sec. 1(2), D, sec. 1(2) Members of the Judicial and Bar Council-Art. VIII, sec. 8(2) Upon recommendation of the Judicial and Bar Council Member of the Supreme Court and all other courts Art. VIII, sec. 9 Ombudsman and Deputies- Art. XI, sec. 9 Appointment of Vice President as member of the Cabinet (Art. VII, sec. 3) Appointments solely by the President- Art. VII, sec. 16 Those whose appointments are not otherwise provided by law; Those whom he may be authorized by law to appoint. Ad Interim appointments Matibag vs. Benipayo et al. G.R. No. 149036 April 2, 2002 Limitations on appointing power of the President Interim or recess appointments -Art. VI, sec. 19 Art. VII, sec. 16, par. 2 Temporary appointments-Com. Act No. 588 Limitations on appointing power of Acting President- Art. VII, secs. 14-16 Executive clemencies Art. VII, sec. 19 Art. IX, C, sec. 5 Emergency powers Art. VI, sec. 23(2) Contracting and guaranteeing foreign loans Art. VII, sec. 20 Art. XII, sec. 21 Rep. Act No. 4860 Power over foreign affairs-Art. VII, sec. 11 Removal-Art. VIII, sec. 11 VI. Article VIII- Judicial Department Judicial Power- Art. VIII, sec. 1 Sec. 5 Act as Presidential Electoral Tribunal- Art. VII, sec. 4, par. 4 Administrative powers of the Supreme Court Supervision of lower courts-Art. VIII, sec. 6 Temporarily assign judges to other stations in the public interest-Art. VIII, sec.5(3) Order a change of venue or place of trial to avoid miscarriage of justice-Art. VIII, sec. 5(4) Discipline of judges-Art. VIII, sec. 11 Appointment of officials and employees of entire judiciary-Art. VIII, sec. 5(6) Rule making-Art. VIII, sec. 5(5); Art. XII, sec. 14, par. 2; Art. XIII, sec. 18(3)

No quasi-judicial and administrative work for judgesArt. VIII, sec. 12

Removal-Art. VIII, sec. 11 VIII. The Constitutional Commissions Civil Service Commission Composition and qualifications of Commissioners Art. IX, B, sec. 1(1) Art. VII, sec. 13, par. 2 Appointment and term of office of Commissioners Art. IX, B, sec. 1(2) Appointment of personnel of CSC Art. IX, A, sec. 4 Salary Art. IX, A, sec. 3 Art. XVIII, sec. 17 Disqualifications Art. IX, A, sec. 2 Functions of the CSC Art. IX, B, sec. 3 Art. IX, A, sec. 7 Id., sec. 8 Scope of the civil service Art. IX, B, sec. 2(1) Standardization of pay and ban on double compensation Art. IX, B, sec. 5 Id., sec. 8 Ban on partisan political activities Art. IX, B, sec. 2(4) Compare Art. XVI, sec. 5(30 (with respect to members of AFP) Cailles v. Bonifacio, 65 Phil. 328 (1938) Santos v. Yatco, 59 O.G. 548 (1959) Removal or suspension only for cause Art. IX, B, sec. 2(3) Summary removal Acolola v. Tantuico, 85 SCRA 789 (1978) Right of self-organization Art. III, sec. 8 Art. IX, B, sec. 2(5) Review of decisions of the CSC Art. IX, A, sec. 7 Fiscal autonomy Art. IX, A. sec. 5 Commission on Audit Composition and qualifications -Art. IX, D, sec. 1(1); Art. VII, sec. 12, par. 2 Appointment and term of Commissioners- Art. IX, D, sec. 1(2) Commission on Elections discussed under election laws

VII. ELECTION LAWS

Suffrage vs. Elections Suffrage Defined is the right of the people to vote in the election of all officers chosen by the people and in the determination of all questions submitted to the people. Nature and Source Constitutional basis Article II Section 2 and Article V Object and Scope Labo v. Comelec, 176 SCRA 1 (1989) Benito v. Comelec, 335 SCRA 436 (1994) Who may exercise suffrage? Who are not qualified to vote? Sec. 118, BP. Blg. 881 Different Theories 1. Natural Right Theory 2. Social Expediency Theory 3. Primitive Tribal Theory 4. 5. Ethical Theory Suffrage is both a right and a privilege Lacson vs. Posadas 72 SCRA 468; People vs. Corral 62 Phil 945 Elections Defined - it is a means by which people choose their officials for a definite and fixed period and to whom they entrust for a time being, as their representatives, the exercise of the powers of government

Feudal Theory

Kinds General Special System of Elections adopted in the Philippines Australian Ballot System which was first conceived by Francis S. Dutton in 1901 Laws Governing Phil. Elections

B.P. Blg. 881 December 3, 1985 Omnibus Election Code Of The Philippines R.A. No. 6636 November 6, 1987 An Act Resetting The Local Elections From November 9, 1987 To January 18, 1988, Amending For This Purpose Executive Order Numbered Two Hundred And Seventy R.A. No. 6646 January 5, 1988 The Electoral Reforms Law Of 1987 R.A. No. 6713 February 20, 1989 Code Of Conduct And Ethical Standards For Public Officials And Employees R.A. No. 7056 June 20, 1991 An Act Providing For The National And Local Elections In 1992, Paving The Way For Synchronized And Simultaneous Elections Beginning 1995, And Authorizing Appropriations Therefor R.A. No. 7166 November 26, 1991 An Act Providing For Synchronized National And Local Elections And For Electoral Reforms, Authorizing Appropriations Therefor, And For Other Purposes R.A. No. 7941 March 3, 1995 Party-List System Act R.A. No. 8046 June 7, 1995 An Act Authorizing The Commission On Elections To Conduct A Nationwide Demonstration Of A Computerized Election System And Pilot-Test It In The March 1996 Elections In The Autonomous Region In Muslim Mindanao (ARMM) And For Other Purposes R.A. No. 8189 June 11, 1996 The Voters Registration Act Of 1996 R.A. No. 8436 December 22, 1997 An Act Authorizing The Commission On Elections To Use An Automated Election System In The May 11, 1998 National Or Local Elections And In Subsequent National And Local Electoral Exercises, Providing Funds Therefor And For Other Purposes R.A. No. 8746 March 4, 1999 An Act Providing For The Date Of The Regular Elections Of Regional Governor, Vice-Governor And Members Of The Regional

Legislative Assembly Of The Autonomous Region In Muslim Mindanao (ARMM) Further Amending For The Purpose Republic Act No. 7647 Entitled "An Act Providing For The Date Of Regular Elections For Regional Governor, Regional Vice-Governor And Members Of The Regional Legislative Assembly Of The Autonomous Region In Muslim Mindanao And For Other Purposes", As Amended, And For Other Purposes R.A. No. 8753 September 8, 1999 An Act Resetting The Regular Elections For The Elective Officials Of The Autonomous Region In Muslim Mindanao Provided For Under Republic Act No. 8746 And For Other Purposes R.A. No. 8953 September 1, 2000 An Act Resetting The Regular Elections For Elective Officials Of The Autonomous Region In Muslim Mindanao To Coincide With The General Elections To Be Held On The Second Monday Of May 2001 R.A. No. 9006 February 12, 2001 Fair Election Act R.A. 6739 (March 19, 1997) Initiative and Referendum Act R.A. No. 9189 (2003), The Overseas Absentee Voting Act R.A. 8436 (December 22, 1997) Automated Elections amended by RA 9369 (January 23, 2007) R.A. 9525 (March 20, 2009) supplemental appropriations for automated Elections

Interpretation of election laws ? Election laws are liberally and equitably construed to give fullest effect to the manifest will of the people, for in case of doubt political laws must be interpreted to give life and spirit to the popular mandate freely expressed through he ballot otherwise stated legal niceties and technicalities cannot stand in the way of the sovereign will of the people. Frivaldo vs. COMELEC June 28 1996 GR 120295 Commission on Elections a. Composition and qualifications of Commissioners Article IX-C, Section 1(1) Article VII, Section 13 par. 2 b. Appointment, term of office and decisions Article IX-C, Section 1(2) c. Appointment of personnel - Article IX-A, Section 4 d. Salary - Article IX-A Section 3; Article XVII, Section 17 e. Disqualification - Article IX-A, Section 2 f. Impeachment - Article XI, Section 2 POWERS OF THE COMELEC 1. Enforce election laws - Article IX-C, Section 2(1) ; Id Sec. 10 A) Declare failure of elections

Who has the authority to declare a failure of elections? In Antonio vs. COMELEC 32 SCRA 310 the Sc ruled that it is the courts and the proper electoral tribunal who are clothed with the authority to declare a failure of elections because it involved it involved the power to decide election contests. But see Biliwang vs. COMELELEC [1982] where the SC ruled that the COMLEC HAS THE AUTHORITY TO ANNUL THE ENTIRE MUNICIPAL ELECTION ON THE GROUND OF POST ELECTION TERRORISM NOT ON THE BASIS OF THE EXPANDED JURISDICTION OF THE COMeLEC BUT ON THE Broader POWER OF THE COMMISSION TO PROTECT THE INTEGRITY OF THE eLECTION SO THAT THE WILL OF THE PEOPLE IS NOT DEFEATED. B) C) D) E) Order Manual recount of votes counted under an automated elections Call for holding of special elections Deny due course or cancel a certificate of candidacy Correct manifest errors in the certificate of canvass or election returns

Brillantes v. Comelec, G.R. No. 163193. June 15, 2004 Typoco v. Comelec, G.R. No. 136191, Nov. 29, 1999 Loong v. Comelec, G.R. No. 133676, April 14, 1999 Pangandaman v. Comelec, G.R. 134340, Nov. 25, 1999 Domino v. Comelec, G.R. No. 134015, July 19, 1999 Sandoval v. Comelec, G.R. No. 133842, January 26, 2000 Al Haj v. Comelec, G.R. 151046, February 5, 2002 2. Decide administrative question pertaining elections, except the right to vote. Article IX, Section 2(3) Guevarra v. Comelec, 104 Phil 269 (1968) Jaramilla v. Comelec, G.R. No. 155717, October 23, 2003 Petition for inclusion or exclusion of voters - Article IX-C, Section 2(6) 3. Prosecution election law violators - Article IX-C, Section 2(6) EO 134, Section 11, February 27, 1987 De Jesus vs. People, 120 SCRA 760 (1983) People vs. Judge Inting, 187 SCRA 788 (1990) Baytan v. Comelec, G.R. No. 153945, February 4, 2003 Recommend pardon, parole or suspension of sentence of election law violators. Article IX-C, Section 5 5. Deputize law enforcement agents, etc Article IX-C, Section 2(4) Id., Section 2(8) People v. Judge Basilia, 179 SCRA 87 (1989) 6. Registration of political parties, organization/coalitions and accreditation of citizens' arms - Article IX-C, Section 2(5) Registration under the party-list Article IX-C, Section 6 Id, Section 7; Id., , Section 8 Article VI, Section 5(2) Article XVIII, Section 7 7. Regulation of public utilities and media of information Article IX-C, Section 4Id., Section 9 UNIDO vs. Comelec, 104 SCRA 17 (1981) 8. Decide election contest and cases Article IX-C, Section 2(2) Id., Section 3 Sebastian vs. Comelec, G.R. No. 139573, March 7, 2000 All Election cases shall be first heard and decided in division, provided that motion for reconsideration shall be decided en banc Cases that must first be heard and decided in division: All election cases, including pre-proclamation contest under its original jurisdiction; Petition to cancel a certificate of candidacy; Cases appealed from the RTC or MTC; Petition for certiorari filed before the commission from decision of the RTC or MTC before the same may be heard en banc. Exceptions:

Petitions for corrections of manifest error in the tabulation or tallying of votes Cases of violation of election laws involving the exercise of administrative functions;

SUMMARY OF RULES BEFORE ELECTIONS DURING ELECTIONS AFTER ELECTIONS Registration Challenge Inclusion/Exclusion Voters Qualification & Disqualifications Certificate of Candidacy Precincts and Polling places Ballot Boxes Political Parties Election Campaign, expenditures and propaganda Casting of Votes Challenge to illegal voters Records of Challenges Counting of votes BEI Appreciation of ballots Election Returns Announcement of Results Issuance of /Certificate of votes Canvass and Proclamation Pre-proclamation Controversy Election Protests Jurisdiction of cases Election offenses Appeal TIME OF ELECTIONS For national officials President and Vice-President Art. XVIII, sec. 5 Art. VII, sec. 4, Ibid Senators and Congressmen Art. XVIII, secs. 1 and 2, Ibid. Art, secs. 4, 7 and 8 Ibid. For local officials Art. XVII, secs 1 and 2, Ibid Art. X, sec. 8 Ibid R.A. 6679, sec. 1 Election and Campaign Periods Election Period- Art. IX-C, sec. 9, Ibid Campaign Periods- BP Blg. 881, sec. 3 Postponement of Elections BP Blg. 881 sec. 5 R.A. 6678, sec. 2

1. Grounds for postponement 2. Notice and Hearing 3. Date of postponed elections 4. for failure Notice and Hearing Date failed elections are to be held BP Blg. 881, sec. 6 RA 6679, sec. 2 Biliwang vs. COMELEC, 114 SCRA 454 [1982] Gachitorena vs. Crescini, 39 Phil. 258 [1918] Dipatuan v. Comelec, 185 SCRA 86 (1990) GAD v. Comelec, 150 SCRA 665 (1990 Mitmug v. Comelec, 230 SCRA 54

Failure of Elections Reasons

VACANCIES 1. When an office is considered vacant Vacancies in the office of the President and Vice President

At the beginning of the term Art. VII, sec 7 1987 Constitution After the office has been initially filled Art. VII, sec. 8 Ibid. In the office of the President Art. VII sec. 9, Ibid. Procedures for calling of official elections Art. VII, sec. 10 Vacancies in Congress Art. VI, sec. 9, Ibid R.A. No. 6645 (Dec. 28, 1987) Vacancies in Local Governments R.A. 7160, secs. 44-46 Grapilon vs. Mun. Council of Carigara, 2 SCRA 103 [1961] Paredes vs. Antillon, 3 SCRA 662 [1961] Effect of failure to assume office BP Blg. 881, sec. 11 Disqualification to hold office Sec. 12, BP Blg. 881 CANDIDACIES AND ELIGIBILITY OF CANDIDATES Definitions Candidate Maquera v. Borra, 15 SCRA 7 (1965) Certificate of Candidacy Necessity for Certificate of Candidacy Sec. 73, BP Blg. 881 Requisites for valid certificate of candidacy It must conform to the requirements of sec 74, Ibid It must duly sworn to by the candidate sec. 73, Ibid It must be filed within the time fixed by law. Sec. 75, Ibid Yason vs. Comelec, 134 SCRA 371 [1985] Contents of Certificate Sec. 74, BP Blg. 881 Withdrawal of Certificate of Candidacy Sec. 73(2), Ibid Vivero vs. Comelec, G.R. 81059, Jan 12, 1987 Ministerial duty of receiving and acknowledging receipts Sec. 76, BP Blg. 881 Abcede vs. Imperial, 103 Phil. 136 [1958] Substitute Candidacies Sec. 77, Ibid Pontawe vs. Comelec, 136 SCRA 10, [1985] Domingo vs. City Board of Canvassers, G.R. 105365, June 2, 1992 Villanueva v. Comelec, 140 SCRA 352 Effect of Double Filing Sec. 73 (3), BP Blg. 881 Ramirez vs. Comelec GR 81150, Jan. 12, 1988 Petitions to oppose certificate of candidacy Sec 78 BP Blg. 881 Marcos v. Comelec, 248 SCRA 300 Aquino v. Comelec, 248 SCRA 400 Effect of Lack of or defective certificates Nico vs. Blanco, 81 Phil. 2114 [1948] De Guzman vs. Board of Canvassers, 48 Phil. 211 [1925] Effect of filling certificate of candidacy Persons holding public appointive offices Sec 66 BP Blg. 881 Sanciangco v. Rono, 137 SCRA 671 PNOC-EDC v. NLRC, 222 SCRA 831 Nicolsora v. Comelec, G.R. 85400, April 26, 1990 Elective officials Sec 67 BP Blg. 881 Flores v. Comelec, 184 SCRA 484 Salaysay v. Castro, 98 Phil. 364 Disqualification Sec 68 and 72, Ibid

Sec. 40, R.A. 7160 Marquez v. Comelec, 243 SCRA 538 Rodriguez v. Comelec, 191 SRA 296 Caasi v. Comelec, 191 SCRA 229 Dela Torre v. Comelec, 258 SCRA 483 Nuisance Candidates Sec 69 Ibid Fernandez vs. Fernandez, 36 SCRA 1 [1970] Gonzales vs. Comelec, GR 78217, May 5, 1987 Tajanan v. Comelec, GR. 10443, April 13, 1992 Guest Candidates Sec. 70 BP Blg. 881 Changing political party affiliation Sec. 71 Ibid Eligibility of candidates Sec. 2 and 3, Art. VII, 1987 Constitution Sec. 3 Art. VI Ibid Sec 6 Art. VI Ibid Sec 42 Art. VI Ibid RA 6644 (December 28, 1987) COMELEC v. Miguel, G.R. 84508, Nov. 8, 1990 CAMPAIGN AND ELECTION PROPAGANDA Scope of Election Campaign Forming organizations to solicit votes Holding political assemblies Making speeches Publishing campaign literature Soliciting votes, pledges and support Exceptions For nomination purposes Sec. 80 Ibis Participation of foreigners disallowed Sec. 81, Ibid Lawful election Propaganda Sec. 82, BP 881 But see sec. 3 of E.O. 270 as amended by R.A 66636 Comelec Res. 1941 Removal of lawful propaganda prohibited Sec. 83, Ibid Requirement for published and printed propaganda Sec. 84, Ibid Prohibited propaganda Sec. 85, Ibid Mutuc vs. Comelec, 36 SCRA 228 [1970] Regulation of Mass Media Sale of Airtime on radio and TV Requirement of registration of print propaganda Ban on granting of franchises Sec. 86, BP Blg. 88 PPI v. Comelec, 244 SCRA 272 Adiong v. Comelec, 207 SCRA 712 NPC v. Comelec, 207 SCRA 1 TELEBAP v. Comelec, 289 SCRA 337 Sanidad v. Comelec, Jan. 29, 1990 Holding of rallies Secs. 87 and 88 Ibid Transportation, food and drinks Sec. 89 Ibid People vs. Ferrer, 101 Phils 234 [1957] Comelec Space and Time Secs. 90 and 92 Ibid Comelec Poster Area Sec 91 Ibid Sec. 3, E.O. 270 as amended RA 6626; Comelec Res. 1941

ELECTORAL CONTRIBUTIONS AND EXPENDITURES Contributions Expenditures Sec. 94, Ibid Those prohibited from making contributions Sec. 95, Ibid Halili v. Comelec, 83 SCRA 633 Prohibition on soliciting or receiving contributions from foreign sources Sec. 96, Ibid Performance for the purpose of raising funds prohibited Sec. 97, Ibid Requirement for contributions Use of true name Sec. 98, Ibid Filing of reports with Comelec Sec. 99 Ibid Limitations of expenses of candidates and Political parties Secs 100 and 101, Ibid Purpose of the limitation Expenditures must be with the consent of the candidate Lawful Expenditures Sec. 102, Ibid Who may incur election expenditures Sec. 103, Ibid Prohibited Donations Sec. 104 Ibid

Duty to keep records of contributions and expenditures Sec. 106, Ibid Statement of contributions and expenditures Secs. 107 and 111, Ibid Sec. 14, R.A. 7166 Pilar v. Comelec, G.R. 115245, July 11, 1995 Reports of contractor and business firm Sec. 111, Ibid REGISTRATION OF VOTES General registration of voters Sec. 7, R.A. 8189 System of continuing Registration Sec. 8, Ibid Necessity for Registration Sec. 4, 115, B.P. 881 Purpose of registration law YRA vs. Abano, 52 Phil. 38 [1928] Who may be registered? Sec. 116 BP Blg. 881 Qualifications of a voter Sec. 117 BP Blg. 881 Disqualifications Sec. 118, Ibid Election Registration Board Sec. 15, RA 8189 Illiterate and disabled applicants Sec. 14,, Ibid

Challenge of the right to register Sec. 18, Ibid Deactivation of Registration Sec. 27, RA 8189 Reactivation of Registration Sec. 28, Ibid Preparation and Posting of Certified List of Voters Sec. 30, RA 8189 Inclusion and Exclusion proceedings PRECINTS AND POLLING PLACES Precincts defined Sec. 149 BP Blg. 881 Arrangement of Election Precincts Sec. 150, Ibid Polling Place Defined Sec. 152 Ibid Requirements for polling places Secs 154 to 157, Ibid Voting Booths Sec 158, Ibid Purpose Guard Rails Sec. 159, ibid Ballot Boxes Sec. 160, Ibid Tally Board Sec. 161, Ibid BOARD OF ELECTION INSPECTORS Composition and Appointment Sec. 166, Ibid Powers Sec. 168, ibid Filling of Vacancies Sec. 171, Ibid RA 6679, Sec. 10 Proceedings Sec. 172, BP Blg. 881 Prohibition of Political Activity Sec. 173, Ibid WATCHERS Persons entitled to watchers; qualifications Sec. 178, Ibid Rights and duties of watchers Sec. 179, Ibid Watchers of citizens arms OFFICIALS BALLOTS AND ELECTION RETURNS Requirements for official ballots Sec. 181, Ibid Emergency Ballots Sec. 182, Ibid Printing of Official ballots and Election Returns Sec. 184, Ibid CASTING OF VOTES Voting Hours Sec. 190, Ibid Voting preliminaries Sec. 191, Ibid Who are allowed in and around polling places Sec. 192, Ibid Manners of Obtaining Ballots Sec. 194, Ibid Manners of Preparing the Ballots Sec. 195, Ibid

For illiterate and disabled persons Sec. 196, Ibid Spoiled Ballots Sec. 197, Ibid Procedure after preparation of ballots Sec. 198, Ibid Bautista v. Castro, 206 SCRA 305 (1992) Challenge of illegal voters Sec. 199 to 202, Ibid COUNTING OF VOTES Counting to the public and without interruption Sec. 206, Ibid Disposition of excess ballots Sec. 207, Ibid Marked ballots Sec. 208, Ibid Ingeto v. Court of Appeals, 21 SRA 1015 (1967) Manner of Counting Votes Sec. 210, Ibid Rules for Appreciation of Ballots Sec. 211, Ibid Election Returns Sec. 212, BP Blg. 881 Mandac vs. Samonte, 49 Phils 248 [1926] Proclamation of Results Sec. 213, Ibid Disposition of Election Returns Sec. 214, Ibid Certificate of Votes Sec. 215, Ibid The doctrine of statistical improbability Lagumbay vs. Comelec, 16 SCRA 175 [1967] Sinsuat v. Pendatun, 33 SCRA 630 Rules abandoned by the automation law Idem sonans Neighborhood Rule Rule of the incumbent CANVASS AND PROCLAMATION Canvass defined Board of Canvassers Sec. 221, BP Blg. 881 Relationship with candidate and other members Sec. 222, Ibid Vote Required Sec. 225, Ibid Supervision and Control Sec. 227, Ibid Safekeeping of transmitted returns Sec. 230, Ibid Canvass Proper Sec. 231, Ibid Delayed, Lost or Destroyed Returns Sec. 223, Ibid Ong v. Comelec, 221 SCRA 475 Patoray v. Comelec, 249 SCRA 440 Lucero v. Comelec, 234 SCRA 280 When Election Returns appear to be tampered with or falsified Sec. 235, Ibid Canvass of remaining or unquestioned returns to continue Sec. 238, Ibid Samad v. Comelec, 2224 SCRA 631 Watchers Sec. 239, Ibid Sec. 26, RA 7166 Quilala v. Comelec, 188 SCRA 902 BOARD OF CANVASSERS FOR EACH PROVINCE, CITY, MUNICIPALITY AND DISTRICT OF METROPOLITAN MANILA (Sec. 221, B.P. 881) PROVINCIAL BOARD OF CANVASSERS CITY BOARD OF CANVASSERS DISTRICT BOARD OF CANVASSERS OF METROPOLITAN MANILA MUNICIPAL BOARD OF CANVASSERS Chairman: Provincial Election Supervisor or a senior lawyer in the regional office of the commission. Vice-Chairman: Provincial Fiscal Members: (a) Provincial Superintendent of Schools.

(a) One representative from each of the ruling party and the dominant political party in the constituency concerned to be represented.

Chairman: City Election Registrar of a lawyer of the commission. Members: (a) City Fiscal (a) Acting Superintendent of Schools. (c) One representative from each of the ruling party and the dominant political party entitled to represented.

Chairman: Lawyer of the Commission. Members: (a) Ranking Fiscal in the district. (a) Most senior district school supervisor to be appointed upon consultation of the Ministry of Justice and DECS. (c) One representative from each of the ruling party and the dominant opposition political party in the constituency concerned. Chairman: Election registrar or a representative of the commission. Vice-Chairman: Municipal Treasurer Members: (a) Most senior district school supervisor, or in his absence, a principal of school or the elementary school. 4. Substitute Members: (a) Municipal administrator, Municipal Assessor, Clerk of Court nominated by the Executive Judge, or any other available appointive municipal officials.

PRE-PROCLAMATION CONTROVERSIES Defined Sec. 241, Ibid Jurisdiction over Pre-proclamation controversies Chavez v. Comelec, 211 SCRA 315 Ong v. Comelec, 216 SCRA 826 Pangilinan v. Comelec, 228 SCRA 36 Villegas v. Comelec, 99 SCRA 582 Alfonso v. Comelec, 232 SCRA 777 Ututalum v. Comelec, 187 SCRA 384 Arroyo v. HRET, 246 SCRA 384 Procedure for contesting Secs. 244 and 245, Ibid Bince v. Comelec, 242 SCRA 273 Castromayor v. Comelec, 250 SCRA 298 Sardea v. Comelec, 225 SCRA 374 Duremdes v. Comelec, 178 SCRA 746 Sarmiento v. Comelec, 212 SCRA 307 Verceles v. Comelec, 214 SCRA 159 Summary Proceedings Sec. 246, Ibid Partial Proclamation Sec. 247, Ibid ELECTION CONTESTS

Sec. 243, Ibid

Jurisdiction Presidential Elections Art. VII sec. 4, par 7 Santiago v. Ramos, P.E.T. Case No. 001, February 13, 1996 Congressional Elections Art. VI Sec. 17 Angara vs. Electoral Commission, 63 Phil. 139 [1936] Tanada vs. Cuenco, 103 Phil. 1051 [1957] Regional, Provincial and City Elections Sec. 250, BP Blg. 881 Municipal Elections Sec. 251, Ibid Papandayan v. Comelec, 230 SCRA 469 Barangay Elections Sec. 252, Ibid Regatcho v. Cleto, 126 SCRA 342 Quo Warrant Proceedings Sec. 253, Ibid Ortega v. Comelec, 211 SCRA 297 Appeals Sec. 256, Ibid Relampagos v. Cumba, 243 SCRA 690 Edding v. Comelec, 246 SCRA 502 Certificate of Forum Shopping Loyola v. CA, 245 SCRA 477 Tomarong v. Lubguban, 269 SCRA 624 Death of Parties to a Protest De La Victoria v. Comelec, 199 SCRA 561 Unda v. Comelec, 190 SCRA 827 De Castro v. Comelec, 267 SCRA 806 ELECTION OFFENSES Prohibited Acts Sec. 261 to 269, Ibid Vote Buying Sec. 28 RA 6646 Lozano v. Martinez, 203 SCRA 256 Appointment of New Employees Ong v. Martinez, 188 SCRA 830 Transfer of Government Employees People v. Reyes, 247 SCRA 328 Carrying Deadly Weapons Mappala v. Nunez, 240 SCRA 600 Unauthorized Entry in Polling Place Comelec v. Romillo, 158 SCRA 716 Jurisdiction over Election Offenses Naldoza v. Lavilles, A. M. no. MTJ-94-1009, March 5, 1996

ELECTION PROTEST QUO-WARRANTO It is strictly a contest between the defeated and winning candidates, based on grounds of election frauds or irregularities, as to who actually obtained the majority of the legal votes and therefore is entitled to hold the office. It can only be filed by a candidate who has duly filed a certificate of candidacy and has been voted for. A protestee may be ousted and the protestant seated in the office vacated. It refers to questions of disloyalty or ineligibility of the winning candidate. It is a proceeding to unseat the ineligible person from office, but not to install the protestant in his place. It can only be filed by any voter. It is for this reason that it is not considered a contest where the parties strive for supremacy. While the respondent may be unseated the petitioner will not be seated. (Luison vs. Garcia, 103 Phil. 453 [1958]) Additional cases for reading Baytan et al vs. COMELEC-G.R. No. 153945 February 4, 2003 Alauya Jr. Vs. COMELEC-G.R. No. 152151-52 January 22, 2003 Ampautan et al. vs. COMELEC et al. G.R. No. 149803 January 31, 2002 Utto vs. COMELEC et al. GR No. 150111 January 31, 2002 Cawasa et al. vs. COMELEC GR No. 150469 July 3, 2002 Coquilla vs. COMELEC GR No. 151914 July 31, 2002 Navarro vs. COMELEC GR No. 150799 February 3, 2003 Quintos vs. COMELEC et al GR No. 149800 November 21, 2002 Codilla vs. de Venecia et al. December 10, 2002 Papandayan Jr. vs. COEMLEC et al. GR. No. 147909 April 16, 2002. 11. ROBERTO ALBAA, KATHERINE BELO, GENEROSO DERRAMAS, VICENTE DURAN, RICARDO ARAQUE, MERLINDA DEGALA, GABRIEL ARANAS, ERNESTO BITOON and JUVIC DESLATE, vs PIO JUDE S. BELO, RODOLFO DEOCAMPO and LORENCITO DIAZ,

G.R. No. 158734 October 2, 2009 12. ALVIN B. GARCIA vs. COMMISSION ON ELECTIONS and TOMAS R. OSMEA, G.R. No. 170256 January 25, 2010