ATENEO LAW Presider. (Art. Vil, see. 19). 4 To initiste (HOR) and, to try all cases of impeachment (Senate), against the: President bh Vice resident Members of the SC 4. Members of the Constitutional Commissions & Ombudsman For ary ofthe following offenses i ealpable violation of the Constitution & treason bibery 'w. waft and corruption ¥% betayal of public trust vi other high crimes (are 2, Sec. 23}. 5. Toactasa constituent assembly for the revision oF amendinent of thé Constitution. (Art. XVI [END OF DISCUSSION ON TOPIC ML LEGISLATIVE DEPARTMENT 1 Presidential immunity 2 Presidential privilege B, Powers ‘1. Power of appointment a) In general b) Commission on appointments confirmation ©) Midnight appointments 4) Power of removal 2 Power of control and supervision 4) Doctrine of qualified political agency ) Executive departments and offices ©) Local government units 3. military powers 4. Pardoning power 2) Nature and limitations 'b) Forms of executive clemency eee aeons 5. Diplomatic power . Rules on Succession IV.EXECUTIVE DEPARTMENT TOPICS UNDER THE SYLLABUS: IV.EXECUTIVE DEPARTMENT A. Privileges, inhibitions and -disqualifications 1, Presidential immunity 2. Presidential privilege B. Powers 1. Power of appointment a)in general b) Commission on appointments confirmation ¢) Midnight appointments 4) Power of removal 2. Power of control and supervision 4) Doctrine of qualified political agency b) Executive departments and offices €) Local government units 3. Military powers 4, Pardoning power 2) Nature and limitations b) Forms of executive clemency 5. Diplomatic power Rules on Succession ‘TOPIC UNDER THE SYLLABU: HLEXECUTIVE DEPARTMENT A Privileges, inhibitions and disqualification 1. Presidential immunity 2, Presidential Privilege ‘A. PRIVILEGES, INHIBITIONS AND DISQUALIFICATIONS ‘The Presigent’s Executive powers are not limited to those’ set forth in the Constitution. The President has RESIDUAL POWERS as the Chief Executive of the country, which powers include overs not set forth in the Constitution. Marcos v. Manglapus, IG.R No. 188221, October 27, 1988) POLITICAL LAW REVIEWER Page 37 of 214@ ATENEO LAW 1. PRESIDENTIAL IMMUNITY ‘nmonity from suit is PERSONAL to the President and ‘may beinvoked by him alone. The President may waive ix impedly, as when he himself files suit. Soliven ¥. jovernber 1, 1 ‘The presidential immunity from suit remains preserved under our system of government, albeit not expressly reserved in the present constitution, Rubrico, et al, aca 1 al No. ‘ERTL February 18, 2010). Unlawful acts of public officals are not acts of State and the officer who acts legally is not acting as such bast stands in the same footing as any other trespascer. ‘Once out of office, ever before the end of the si vear tem, immunity for non-official acts is lost_ Estrada v. ‘Desiern,IG.R. Wo. 146710-15, Mar. 2, 20011, Even i the DECS Secretary is an alter ogo of the President the President’s immunity from sunt cannot be imoked because the questioned acts are not the ‘x of the President but merely those of a Department Searetory. Giada v. CA, IGR. No. 119903, Aug. 15, = 1. The President CANNOT dispose of state property ‘ndess authorized by law. ‘hie the final text of the IPEPA may not be kept perpetually confidential - since there shoul be “ample ‘Opportunity for discussion before a treaty is approved” ~ the offess emtranged by the parties during the ‘agotistons continue to be privileged even after the JPA‘ published. iclomatic neentations privilege bears 2 close resenbionce to the deliberative process and Preidentiol commurications’ privilege, Cearly, the rttege accorded to diplomratic negotiations follows 2s 3 logkal consequence from the priviteged character of the deberative process. Alhavan v. Aquino,IG.R, No. 270526, oly 16,2006), ‘The Beauv Department cid not commit grave abuse. ‘of dszetion in not espousing petitioners’ claims for offal apology and other forms of reparations against Japan. From a domestic law perspective, the Executive Department his the oxclusive prorogative to determine whether to espouse petitioners’ claims against Japan, Isabeita € Vinuyo, et al. v. Hon. Executive R.No. 162230, April 28, 2010). soma. Go 2. EXECUTIVE PRIVILEGE Power of the President to withhold certain types of information from the court, the Congress, end the ublic. Neti v, Senate IG.R. No, 180643, March 25, 20081. FOR COMMUNICATIONS TO BE PRIVILEGED, THE FOLLOWING MUST CONCUR: 1. Communications relate to a “QUINTESSENTIAL ‘AND NON-DELEGABLE POWER” of the President. Eg. The power to enter into an executive agreement with other countries without the concurrence of the Legislature has traditionally PROXIMITY” TEST, Secretary Nes! of NEDA can be considered a close advisor, being a member of President Arroyo's cabinet, There is no adequate showing of a compelling ‘need that would justify the limitation of the privilege and of the unavalabiity of the information elsewhere by an appropriate Investigating authority. Presidential communications are presumptively, privileged and such presumption can be overcome oniy bby mere showing of public need by the branch seeking ‘access to conversations, The oversight function of Congress may be faciltsted by compulzory process ONLY to the extent that it is performed in pursuit of legislation.” Neri v, Senate [GR. No. 180643, March 25.2008) ‘COVERAGE OF EXECUTIVE PRIVILEGE: 1. Conversatons/correspondences between President ‘and official under £.0. 464 2, Military, diplomatic, public order national security matters 3. Information between inter-government agencies rior to conclusion of treaties/executive agreements 4. Discussion in close-door Cabinet meetings WHEN TO APPLY EXECUTIVE PRIVILEGE: 1 Must fll within one of the above 2. Must be stated with SUFFICIENT PARTICULARITY so. the Congracs/court can determine the legitimacy of the lair of the privilege EXCEPTION TO EXECUTIVE PRIVILEGE: J. The President’s generalized assertion of privilege ‘must yield to the demonstrated, specific need for POUTICAL LAW REVIEWER Page 38 of 214@ Ateneo Law sue sven ‘evidence in 3 pending criminal trial. U.S. v. Nixon, ‘aBUS. 683, 1974), 2 txecutive privilege cannot be used to conceal a ‘Gime or a possible wrongdoing, Thus, the specific reed for evidence in a pending criminal trial ‘cutweighs the President's generalized interest in ‘Avril 20,2006). S.QUALRCATIONS. a = ines + Registered voter + ble to read and write + Atleast 40 years old on the day of lection | + Resident of the Philigpines for at least 10 years immediately preceding the election © Termot 6s + Unless otherwise provided by law, term of office ‘commence at noon of June 30 next following the PROHIBITED FROM: 1. Holding any office or employment Vice during thei tenure President | EXCEPTIONS: 1 Otherwise provided inthe cabinet Constivtion Members Eg, Secretary of Justice ats on Juiiial and Bar Council | Deputies oF ‘Assistants of |2. The positions are ex-officio. and Monetary Board NOTE: The |3. Practicing, directly or indirectly, ule on | —_any other profession during their disqualiicatio | tenure ns for the |4. Participating in any business President and |5. Being financially interested in any his Cabinet | contract with, or in any frenchise, are’ stricter | or special privilege granted by the: than the | government or any subdivision, ‘normal rules | agency or instrumentality thereof, applicable to] including GOccs.or__thalr appointive and elective ‘The Chief Presidential Legal Counsel (CPLC) has the duty of giving independent and impartial legal advi fon the actions of the heads of various executive departments and agencies and to review investigations Involving heads of executive departments and agencies, 25 well as other Presicential appointees, ‘The POGG Is charged with the responsibilty, under the President, of recovering illgotten wealth. The two offices are incompatible. Without question, the PCGG is ‘an agency under the Executive Department. Thus, the ‘actions of the PCS Chairman are subject 10 the review of the CPLC, Public interest Group v, Elma, IG.R. No, 138965, June 30, 2006), Cabinet they do not receive a lary or a £7 Nemes | cihtreroumertrmenten °'| TOPICUNDER THE svLLABUS: | See ot france head of | EXECUTIVE DEPARTMENT POLITICAL LAW REVIEWER Page 39 of 214@ateneo Law speea BE DSSS 8. POWERS 1. Executive Power In generat 2 Pewer of appointment ‘a) Ingeneral 4) Commission on appointments confirmation ¢) Midnight appointments 4) Power of removal 3.Power of control and supervision }Doctrine of qualified political agency i) Executive departments and offices Hil) Local government units 4. Military powers. 5.Pardoning power i) Nature and limitations ii) Forms of executive clemency 6. Diplomatic power B.POWERS {L EXECUTIVE POWER IN GENERAL ‘The Constitation provides that “the executive power shall be vested in the President of the Philippines, However, t does not define what ic meant by executive ower" although in the seme article it touches on the ‘Geertse of certain powers by the President, ce, the ower of control over all executive departments, ‘bureaus and offices, the power to execute the laws, tie ‘appointing power, the powers under the commander: inchiel couse, tho power to grant reprieves, ‘commsations and pardons. the power to grant ‘amnesty with the concurrence of Congiess, the power to contract or guarantee foreign loans, the power to center ite treaties or international agreements, the Power t submit the budget to Congress, and the ower tw adaress Congres, ‘Although the 1987 Constitution imposes limitations on the cxercse of specific powers of the President. it ‘maintains intact what is traditionally considered 35 within the scope of “executive power.” Coroliarily, the powers ofthe President coanot be said 10 be limited only 1 the specific powers enumerated in. the Constitution. la other words, executive power is more than the sum of specific powers :0 enumerated. Mares. GR. smber 15, 2980). 2. POWER OF APPOINTMENT POWER TO APPOINT - Executive in nature; while Congress land the Constitution in certain cases) may Prescribe the qualifications for particular offices, the Getermination of who among those who are qualified will be appointed isthe President's prerogetive. ‘The prohibition against midnight appointments does ot apply to appointments to the Judiciary. The Constitutional Commission confined the prohibition to ‘appointments made in the Executive Department: The. framers did not need to extend the prohibition to appointments in the Judiciary, because their establishment of the 18C*and thelr subjecting the Nomination and screening of candidetes for judicial positions to the unhurried and deliberate prior process. Of the JBC ensured that there would ne longer be midnight appointments to the Judidary. Also, the intervention of the JBC eliminates the danger that appointments 10 the Judiciary can be made for the Purpose of buying votes ina coming presidential election, or of satisfying partisan considerations. De Gastro v.JBC,16.R, No. 191002, ‘SCOPE: 1. The following may be appointed by the president, subject to approval by the Commission on ‘Appointments (Ca) (HaPcoo) = Heads of executive departments = Ambastadors, consuls, and other public ministers ~ Officers of AFP from the rank of colone! or naval captain ~ Other officers whose appointment is vested in him by the Constitution, such as: @. Chairmen and members of the COMELEC, COA, and CSC 'b. Renular members of the 18 © The Ombudseran and his depuves 4, Sectoral representatives in Congress, as provided in Transitory Provisions. 2. The President also appoints members of the SC and judges of the lower courts, but these appointments do NOT need CA confirration. 3. All other officers whose appointments are not ‘othenaise provided for by law and those whom he ‘may be authorized by law to appoint: This includes the Chairman and members of the Commission an Human Rights CHR), whose appointments are provided for by law, and NOT by the Constitution. Congress may, by aw, vest in the President alone or in the courts, oF in the heads of denariments, agencies, POLITICAL LAW REVIEWER Page 40 of 214‘boards oF commissions the appointment of other officers lowe in rank than those mentioned above, However, Congress cannot, by law, require CA confirmation of the appointment of other offcers for ‘offices created subsequent to the 1987 Constitution. ye [GR No. Eg NURC Commissioners, Bangko Sentral Governor ‘Voluntary submission by the President to the CA for Confirmation of an appointrhent, which is not required to be confirmed, does not vest the CA with juriscction, ‘The President connot extend the scope of the CA's Power beyond what Is provided for in the Constitution. 2. CACONFRMATION NEEDED: ‘& Nomination by President 1b Confirmation by CA € Appointment by President d._Aexeptance by appointee. [A any tine before all four steps have been comphed ‘wih, the President can withdraw the nomination or 2ppointment. 2. NOCACDNFRMATION NEEDED: 1 Appowment 2. Receptance Once appointee accepts, President can no longer withdraw the appointment. ADANTERMA APPOINTMENTS. 1 When Congress isin recess, the President may still ‘2ppcint officers to positions subject to cA ‘ootemation. ‘2. These appointments are EFFECTIVE IMMEDIATELY, but areonly effective until they are disapproved by ‘the CAor until the next adjournment of Congress. 3. Apples only to positions requiring confirmation of a 4 Appointments til on office in an ‘acting’ capacity ‘are MOF ad-interim in nature and need no CA 2pprovel. APPOINTMENTS BY AN ACTING PRESIDENT - These shall remain effective UNLESS revoked by the elected President within 90 days from his assumption or re- sssumption of office GENERAL RULE: Two (2) months immediately before ‘the next Presidential elections and up to the end of his- term, the President or Acting. President SHALL NOT ‘make appointments. This is to prevent the practice of “MIDNIGHT APPOINTMENTS” @ATENEO LAW saRNmwoniZG EXCEPTION: TEMPORARY APPOINTMENTS to EXECUTIVE POSITIONS if continued vecancies will ‘rejudice public service or endanger public safety ‘The Board of the Cultural Center of the Philippines is ‘not authorized to fil a vacancy in the Board, Sec. 15 ‘says: “The Congress may, by law, vest the appointment of other officers lower in rank in the President alone. in the courts, or in the heads of departments, agencies, Commissions, or boards.” itis the chairman who may be given authority; but even he can appoint only officers lower in rank, not officers equal in rank with the appointing authority. Rufino v. Endriga, 1G.R. No, 139554, July 23.2008), tn case of vacancy in an ofice occupied by an alter ego of the President, such as the office of » department secretary, the President must necessarily appoint an alter ego of her choice as acting secretary before the Permanent appointee of her, choice could. assume Congress through a law, cannot impose on the Fresident the obligation to appoint automaticaly the Undersecretary as her temporary alter ego. An alter 30, whether temporary or permanent, holds 2 postion of greot trust and confidence. Congress, n the guise of Prescribing qualifications to an office, cannot impose ‘on the President who her alter ego should be. Pimentel No, 16497, October 13,2005), Prohisttion does not extend to appointments in the Supreme Court. Had the framers intended to. exterd the prohibition to the appointment of Members of the Supreme Court, they could have explicitly dene so. The Prohibition is confined to appointments in the Executive Depaitment. De Castro v JBC, IGR_No. 191002, April 20, 20101; overturned in 8: Appointment of Valensuele, [AM 88-0501 SC, November 9, 1993) Art 8 Sec. 9 requires vacancies in the SC to be filled Within 90 days from occurrence of the vacancy. fxistence of the JBC also prevents possible abuses in appointment There is no taw that prohibits local lective officals from making appointments during the last dars of his cor her tenure. Prohibition only applies to appointments by the presidert. Qe la Rama v CA, [GR No. 131136, February 28,2003), 3. POWER OF CONTROL AND SUPERVISION POLITICAL LAW REVIEWER Page 41 of 214@ATENED Law madly, or set aside what a subordinate offer hoe done in the performance of his duties, and to substitute ‘he judgment of the officer for that of his subordinate. ‘The President's power over GOCCs comes NOT from ‘he Constiution but from statute, Hence, it may Sniary be taken away by statute, QUAURED FOUTICAL AGENCY - Acts of department bead, etc, perfotmed and promulgated in the regular. ‘couse of business, are presumptively acts of the President. ExcernOws: 1 the acts are disapproved or reprobated by the President 2. Mthe President is eequired to act in person by law Or by the Constitution Eg The power togrant pardons For Administrative Proceedings, decisions of Department Secretaries need not be appealed to the ‘resident in order to comply with the requirement of ‘eshaustion of administrative remedies. DISCIPLINARY POWERS - Tie power of the President to Ascipline oficers flows from the power to appoint the ‘officer, and NOT from the power to control ‘Wie the President may remove from office these who. ‘are not ented to security of tenure, oF those officers with no set terms, such 2¢ Department Heads, the officers, and employees entitled to security of tenure ‘camot besummarily removed from office. POWER OF SUPERVISION - The power of 2 superior officer to ensure that the laws are faithfully executed by subordinates. ‘The power of supervision does not inélude the power of ‘ontrot but the power of control necessarily includes ‘the power ofsupervision. ‘The power ofthe prosident over local government units ‘Bondy ofgenerat supervision. He can interfere with the ‘sctions of their executive heads only if these are contrary totaw. President evercises DIRECT SUPERVISION over ‘autonomous regions, provinces, and independent cities The eeenstion of laws is on OBLIGATION of the President He cannot suspend the operation of laws. speens gue 017 Gs Since both LO1 and EO are presidential issuances, one ‘may repeal or ctherwise alter, modify or amend the ‘thes, depending on which comes later. PASE ve ‘Totes [GR. No, 98472, August 29,1993}, The President may, by eiecutive or administrative order, direct the reorganization of government emities Under the Executive Department. Section 17, Article Vil of the 1987 Constitution, cleanly states: “The president shall have control of all executive departments, bureaus and offices.” the Administrative Code also ‘Brants the President the power to reorganize the Office of the President in recognition of the recurring need of every President to reorgenize his or her office “to achieve simplicity, economy and efficiency” Tendo ‘Medical v, Court of Appeals, 1G., No, 267324, Jul 17, 20) . ‘The President may transfer any agency under the fice OF the President to any other department or agency, subject to the policy in the Executhe Office and in Order to achieve simpicity, economy and efficiency. 10_v._ Exec No. 166082, August 79,2007]. ‘The creation of the Truth Commission does not fall within the President’: power to reorganize. It flows from the feithtuirexecution clause of the Constitution under Article Vi, Section 17 thereof. One of the ‘recognized powers of the President is the power to create ed hoc committees. This flows from the need to ascertain facts and determine if lave have been faithfully executed or guide the President in performing his duties relative tothe execution and enforcement of laws. The Truth Commission will not supplant the Ombudsman or the Depertment of Justice or erode their respective powers. The investigative function of the Commission will complement those of the two offices. v. The _ Philippine ission of 2010 ed ._v. Exec! Sec. Paquito N. Ochoa a1G.R.Ni No. 19303, December 7, 2010]. 4. MILITARY/EXTRAORDINARY POWERS SCOPE: As Commander-in-Chief of the Armed Forces, ‘wherever necessary, the President mey call out the ‘Armed Forces to: 11. PREVENT or SUPPRESS 2 Lawless violence 2 Invasion, 3 Rebellion POUTICALLAW REVIEWER Poge 42 of 214 wun2 Memay lio: ‘L— Suspend the privilege of the writ of habeas corpus 2. Prociaim a state of marti! law GROUNDS FOR THE SUSPENSION OF THE PRIVILEGE OF ‘THE WRIT OF HABEAS CORPUS AND DECLARATION OF MARTINLLAW 1. Aa and not merely imminent: a.tmvasion ‘.Rebelion 2. Pai safety requires it unarranions: 31 Suspension or proclanration is effective for only 60 ears. 2 Watin 48 hours from the declaration or ‘suspension, the President must submit a report in besson or in writing to Congress. 3. Congress, voting jointy, by a vote of at least a majority, may revoke the same, and the President ‘camer set zside the revocation. 4. tw the same manner, upon the President's imitative, Congress may extand the proclamation ‘or suspension for a period determined by Congress 2. twasion or rebeliion persists, and 2 Publi safety requires it ‘Congress CANNOT extend the period motu propio. SUPREME COURT REVIEW 1. nan appropriate proceeding fled by any citizen; 2. TheSC may review the sufficiency of the FACTUAL BASS of the proclamation or suspension, or the ‘enension thereof. 3. Rs dexision must be promulgated within 30 days from fing. (MARTALLAW DOES NOT 11 Suspend the operation of the Constitution 2 Supplant the functioning of the civil courts or legislative assemblies 3. Authorize conferment of jurisdiction on military ‘courts over civilians where civil courts are able to fonction A. Automatically suspend the privilege of the writ of habeas corpus SUSPENSION OF PRIVILEGE OF THE WRIT OF HABEAS ‘conpus 1. Applies ONLY t0 persons judicially charged for rebellion or offenses inherent in or diectly ‘connected with invasion. ATENED LAW Sapameoniz/e et 2 Anyone arrested or detained during the suspension of the writ sha be charged within 3 days. Otherwise, he should be released. While the suspension of the privilege of writ and the Droclamation of martial law is subject to judicial review, the actual use by the President of the armed forces, ‘not. Thus, troop deployments in times of war are subject to the President's judgment and discretion. DECLARATION OF STATE REBELLION The factual necessity of calling out the armed forces is. something that Is for the President to decide, but the. Court may look into the factual bass of the declaration. to. determine if it was done with grave abuse of discretion amounting to lack of jurisdiction, IBP_y. x Judicial inquiry ean go no further than to satisfy the Court not that the President's decision is correct but that the President did not oct arbitrarily. Thus, the standard laid down isnot correctness, but arbitrariness PP 1017 is CONSTITUTIONAL insofar ac it constitutes 2 call by PGMA‘on the AFP to suppress lawless violence, hich pertains to 2 spectrum of conduct’ that is ‘manifestly subject to state regulation, and not free speech. PP 1017 is UNCONSTITUTIONAL insofar as ft grants PGMA. the authority to promulgate “decrees.” LegisatWe power Is within the province of the Legisature. She can only order the miftary, under PP 1017, to enforce laws pertinent to its duty to suppress lawless violence. David v. Gloria Macapagal-Arroyo, 1G..No, 171396, May3 2006), ‘The President does not have the power to take over privately owned public utities or businesses affected \with public interest, without prior legislation. Gen, Order No. 5 is CONSTITUTIONAL since It provides a standard by which the AFP and the PNP. should implement PP 1017, that 1s, suppressing lawless violence. However, considering that “acts of terrorism” have not yet been defined and made punishable by the: Legislature, such portion of G.0, No. 5 is declared. UNCONSTITUTIONAL — David_v. Macapagal-Arroyo, (G.R. No. 171396, May 3, 20061, The dedlaraton of a state of emergency is merely a description ‘of a stuation thet authories (the President) to call out the Armed Forces to help the POLITICAL LAW REVIEWER Page 43 of 214poker mcnsn law and order ves no tow power to tes. ortotBemiary,o tothe pote. Catan, hoes rot ether warrantless arets oF cont of eda, ‘Davide Ermita, IG.R. No. 171408, May 3, 2006), 5. PARDONING POWER Executive Clemency ‘score: CEG Pate 1. COMMUTATIONS 2. REPREEVES, 3. PARDONS {conditional or plenary) 4. REMITTANCE of fines and forfeitures NOTE: The power to grant clemency includes cases inwohing administrative penalties, Where 2 conditional ‘Dardon granted, the determination of whether i: haz ‘been violated rests with the President. umeranons: 1. CANNOT BE GRANTED: Before conviction, in cases of impeachmant |. Fer violations of election laws, rules, and. regulations without the favorable recommendation of the COMELEC &_mneases of civil or legislative contempt 2 ASTOEFFECT: Does not restore public offices akeady forfeited, slthough eligioity for the same may be restored Monsanto v, Factoran, [170 SCRA 2h ‘AMNESTY An act of Brace concurred in by Congress, ually extended to groups of persons who commit Dolitieal offenses. which puts into oblivion the offense itsell. The President alone CANHOT grant amnesty for it needs the concurrence by 2 majority of all the members of Congress When a person apolies for amnesty, he must admit his {uit ofthe offense that is subject to such amnesty. If his application is denied, he can be convicted based on his admission of gull. POUMCAL offenses | ORDINARY offenses. Tas GAS of persons ameenens Must be accepted werner ‘publ a bec. vate ato Pree | May be erantad before (after conviction Conviction by final judgment ‘TAX AMNESTY: General pardon to impose penalties on persons quit of evasion or violation of revenue or tax ‘aw Republic v. JAC, [GK No, 68344, April 26, 19911, EXECUTIVE CLEMENCY IN ADMINISTRATIVE CASES: President can extend it to administrative cases but only in the Executive Branch, not in the Judicial or Legislative Branches of government. Lamas v. Orbos, (G.. No. 92031, Oct, 15,1991}, 6. DIPLOMATIC POWER Power to Contract or Guarantee Forelgn Loans Liwrrarions: 1. The President may contract or guarantee foreign Joans on behalf of the Republic of the Phifppines with the prior concurrence of the Monetary Board; and 2. Subject to such limitations as may be provided by law 3. The Monetary Board shall, within 30 days from the fond of every quarter of the calendar year, subvnit to Congress 2 complete report on loans to be contracted or guaranteed by the government or GOCCS that would have the effect of increasing foreign debe. Principle of Transformation of International Law {No treaty or intemational agreement shail be valid and effective unless concurred in by at least 2/3 of ALL the Members of the Sonate. POWER TO ENTER INTO FOREIGN RELATIONS INCLUDES: 1. The Power to NEGOTIATE treaties and other international agreements. However, such treaty or international agreement shall be transmitted to the Senate, withthe following options: POLITICAL LAW REVIEWER Page 44 of 214@ateNeD Law seamrnieees 1 Approve ity 2/3 majority vote 2 Disapprove it outright 3. Approve it conditionally, with suggested ‘amendments. if renegotiated and the ‘Senate’s suggestions are incorporated, the ‘treaty goes into effect without need of further ‘Senate approval & While a treaty is re-negotiated, there is vet no treaty b. Although municipal law makes a distinction between international ‘agreements and executive agreements, with the former requiring Senate approval and the latter not needing the ‘sane, under international law, there is ‘no such distinction, © The President cannot, by executive 3greement, undertake an obligation that inditectiy circumvents 3 legal prohibition. 2. The power to APPOINT ambassadors, other public ministers, and consuls. 3. The power to RECEIVE ambassadors and other public ministers acrredited to the Philippines. 4. The power to contract and guarantee FOREIGN LOANS on behalf of the Republic. 5. The power to DEPORT aliens ~ This power is vested in the President by virtue of his office, subject only to restrictions as may be provided by legislation as regards wounds for deportation, + Inthe absence of any legislative restriction to uthority, the President may exercise this Power. ‘emotes poltical Involve detals carrying out iesves,national policy | national policy Thtomationad "ii ore ores temporary in Sere aracter ‘Must be Noneed fated to be ratified RULES IN CASE OF CONFLICT BETWEEN TREATY AND (MUNWOPAL LAW, DEPENDING ON VENUE 1. PHRUPPINE “COURT: Provided both are sett executing. the later enactment will prevail, be it treaty oF low, asst is the latest expression of the wil ofthe State 2. INTERNATIONAL TRIBUNAL: Treaty will always Prevail A'State cannot plead its muntcipal law to justty noncompliance with an inteenstional obigation, EXCEPTION: Vienna Convention on Law of Treaties Art. 46 ~ Constitutional violation wes: 1. Manifest ~ Objectively evident to. any State conducting itself in the matter In accordance with normal practice and in good faith 2 Concerned a rule of its intemal law of fundamental importance ‘An “EXCHANGE OF NOTES" is a record of a routine agreement that has manysimiariies witha private lowe contract. The agreement consists of the exchange of ‘wo documents, each of the parties being in possession ‘of the one signed by the representative of the other. Under the usval procedure, the accepting tate repeats the text of the offering State to record its assent. An exchange of notes. iS considered 2 form of an EXECUTIVE AGREEMENT, which becomes. binding ‘trough executive action without the need of a vote by, the Senate or Congress. Abaya vs. Edbane, [6.8. NO, 187819, February 12,2007). 7. POWERS RELATIVE TO APPROPRIATION BIL ITEM VETO POWER on the bass of: DOCTRINE OF INAPPROPRIATE PROVISIONS - A Provision that is constitutionally inaporopriate for an ‘ppropriation bill may be subject to veto even if it is fot an appropriation or revenue “tern. EXECUTIVE IMPOUNDMENT - Refusal of the President to spend funds already allocated by Congress for a specific purpose. itis in effect, ani “impoundment” of the law allocating such expenditure of funds 8. DELEGATED POWER Congress may delegate TARIFF POWERS to the President Art. VI, Section 23 (2) authorizes Congress to give the President power necessary and proper to carry out a dociared national policy; Section 28(2) authorizes Congress to delegate the power to Fix tariff rates, import and export quotas, tonnage, whartage dues and ‘other duties and impost EMERGENCY POWERS delegated by Congress 10 the President. 9. VETO POWER, POLITICAL LAW REVIEWER Page 45 of 214The President must COMMUNICATE his decision to veto ‘WIT 30 deys from the date of receipt thereof. he ‘ai 2050 commuricate, the bill shall become law as if ‘he segned This rule eliminates the possibilty of = ‘pocket veio’ whereby the President simply refuses to ‘axton tie ba ‘n exercising the veto power, the: bill is rejected and ‘etumed with Pis objections to the House from whic ‘riginated. The House shall enter the objections in the Journal and proceed to reconsider i. 30, RESIDUAL POWER ‘The President shall exercise such other powers and functions vested in the President which. are provided for under the laws and which are not specifically ‘enumerated above, or which are not delegated by the President in accordance with law. The powes involved isthe President's residual power to Protec the general welfare of the people. Its founded 0n the duty ofthe President, as steward of the people. ‘To paraphease Theodore Roosevelt, itis not only the Power ofthe President but also his duty to do anything ‘0% forbidden by the Constitution or the laws that the ‘needs of the nation demand [See Corwin, sipra, at 353}. KS a power borne by the President's duty to reserve and defend the Constitution, It also may be \iewed as a power implicit in the President's duty to ‘take care that the laws are faithfully executed ee Hyman, The American President, where the author ‘chances the vew that an allowance of discretionary ower is unavoidable in any government and is best IV. BEQUTIVE DEPARTMENT. C Rules on Succession (C. RULES OW SUCCESSION MANIER GF RECTICN: 1, The President anc Vice-President shall be elected bythe DRECT VOTE of the people. 2. Betton returns for President and Vice-President, uly ceified by the Board of Canvassers of each province or city, shall be transmitted to Congress, ‘rected tothe Senate President @ ATENEO Law ores riane ZO I 2 3. Upon receipt of the certificates of canvass, the ‘Senate President shall, not later than 30 days after the day of the election, open ail the certificates IN THE PRESENCE of both houses of Congress, assembled in joint public session. 4. The Congress, after determining the authenticity ‘and due execution of the certificates, shall CANVASS the vates. 5. The person having the highest number of votes shall be proclaimed clocted. 6. Incase of a tle between 2 or more candidates, one ‘shall be chosen by 2 majorty of ALL the members. Of both Houses. voting separately. lo case this resus in a deadlock, the SENATE PRESIDENT SHALL BE THE ACTING PRESIDENT untl the deadiorkis broken, 7. The Supreme Court en banc shall act as the sole Judge over alt contests relating to the election, ‘returns, and qualifications of the President or Vice- President and may promulgate itt cules for the Purpose. BEX Congress may delegate counting to acommittee Provided it spproves it asa body Considered asa NONALEGISLATIVE FUNCTION of ‘Congress. Ergo, Fina! adjournment of Congress only affects Congress’ legislative functions Proclamation of PRESIDENT-Elect & VP-Flect isthe: function of Congress not the COMELEC's Salaries and Emoluments of the President and Vice- President LMFrATIONS: 1. Shall determined by low 2. Shall not be decreased during the TENURE of the President end the Vice-President 3. Increases take effect only after tho expiration of ‘the TERM of the incumbent during which the increase was approved. 4. No other emolument from the government or any other source during their TENURE may be received, Succession of Prosident-elect and Vice- President-alect | VP-elect willbe Acting President falls toqualityor | untit someone is qualfiec/chosen tobechoser | ae President fent-slect | UP becomes President POLITICAL TAW REVIEWER Page 46 of 214” @UATENED LAW smnnroiZet a PROCEDURE 41. Congress shall convene 3 days after the vacancy in - the offices of both the President and the VP, andvPetect are | his inabitty, ‘without need of aca The convening of Congress - atchosen,ordo | 2. Speaker ofthe House shallact cannot be suspended. os net nally, oF 5 President until a President or 2. within 7 days after convening Congress. shat bath de, erbeth | 2 VP shalihave been chosen and ‘enzct¢ law calling fora special election to elect 2 - become qualified. President and a VP. The special election cannot be permanently postponed, ces Seabled 3. The requirement of three readings on separate days under Sec. 26(2), Art VI shall nat apaly to a ns Death, Congress shal determine, by law, bil caling for 3 special election. The law shall be - Permanent ‘who will be the Acting President deemed enacted upon its approval on third satay, or | until a President or VP shal have reading ~ inabiiy of qualified. 4. The special election shall beheld within 45-60 days Senate President from the time ofthe enactment of the law. ‘end Speaker of the House as LIMITATION: No special election shall be caled if the ~ Acting Presider vacancy occurs within 38 months before the date of the ext presidental election Succession of President and Vice-President Temporary Disability of the Presidont to discharge his E duties - ‘VP becomes President forthe unexpired term [MAY BE RAISED IN EITHER OF TWO WAYS: 3 1. By the President himseif, when he sends a written declaration to the Senate President and the Speaker of the House. In this case, the: Vice- President will be Acting President until the President transmits 2 writen declaration to the contrary. 2. When a majority of all Cabinet members transmit to the Senate President and the Speater of the House their written decaration. The VP will Immediately assume the powers and duties of the ‘office as Acting President. SUBSEQUENT SCENARIOS: 1. If the President transmits @ written declaration that he fs not cisabled, he reassumes his postion. 2. If within § days after the President re-assumes his Position, the majority of the Cabinet transmits ‘Vacancyin the Office of the Vice-President ‘their written declaretion, Congress shall decide the issue. In this event, Congress shall convene within PROCEDURETO FILL UP VACANCY 48 hours if itis not in session, without need of a |L._ President wil nominate new VP from among the call members of either House of Congress 3. within 10 days after Congress is required to» 2. Nominee shall assume office upon confirmation by assemble, or 12 days if Congress is net in session, a majority vote of ALL members of BOTH Houses, 2/3 majority of both Houses, voting separately, is wating soparatoly. (In effect, nominee forfeits his needed to find the President temporarily disabled, seatin congress ) Inwhich case, tho UP will be Acting President, Hection of President and Vice-President after vacancy Presidential linoss POLITICAL LAW REVIEWER Page 47 of 214@ateENEO Law GENERAL RULE 1. Whe President is seriously il, the public must be inforwed thereof. 2. During such ilness, the following shall NOT be (ened access to the President: ‘National Security Adviser bh Secretary of Foreign Affairs © Chief of Staff of the AFP END OF DISCUSSION ON TOPIC IV. EXECUTIVE DEPARTMENT V. JUDICIAL DEPARTMENT . JUDIGAL DEPARTMENT A. Concepts 1L buticial power 2 decal review 2) Operative fact doctrine ») Moot questions «) Political question doctrine D. Appointments to the Judiciary E. Supreme Court 2 Enbanc and division cases 2 Procedural rule-making 3% Administrative supervision over lower courts ‘TOPICUNDER THE SYLLABUS: \V. JUDICIAL DEPARTMENT A. Concepts: ACONCERTS ‘L.JUDICAL POWER, SUDIQAL POWER - The authority to settle justiciable conroverdes oF disputes involving rights that are enforceable and demandable before the courts of iustee oF the redress of wrongs for violations of such rights. ee ae ee a ea ee ST Page 48 of 214 POLITICAL LAW REVIEWER splash BO 2 (Set ‘VESTED IN - The Supreme Court and such lower courts ‘85 may be established by law. Hence, they may neither attempt to astume or be compelled to perform non- judicial functions. they may not be charged with administrative functions, except when reasonably Incidental to the felfllment of theit duties. DUTIES OF THE COURTS. 1. To SETTLE actual controversies involving ignts, hich are legally domandable ond enforceable; 2 To DETERMINE whether or not there has been 9 grave abuse of discretion expounting to lack oF ‘excess of jurisdiction on the part of any branch or instrumentality of thegovernment, 3. The courts CANNOT give advisory opinions. POWERS OF THE SUPREME COURT 1. Jurisdiction Over final judgments and ordersin the folowing: * Cases affecting foreign ambassadors, other foreign public All cases involving constitutionality of LAW, minsters and | INTERNATIONAL consuls AGREEMENT OR TREATY stationed in| (Codes IT) the Philippines | » All cases involving the constitutionslity, application or operation of PROCLAMATION, ORDER, += Petitions for certioran, PRESIDENTIAL DECREE, prohibition, ORDINANCE, REGULATION mandamus, OR INSTRUCTION (Code: POPORI) +All cases involing the legality of any: TAX, tarost, TOL, ASSESSMENT! or any PENALTY imposed in relation “thereto (Code: TITAP) A cases in which the jurisdiction of any lower courtis in ssue + Criminal cases where the Penalty imposed is vectusion perpetua or higher +All cases where ONLY | errors oF questions of law quo warrant, and habeas compusATENEO LAW © ‘are involved ‘| 2 Temporarily assign lower court judges to other stations in the public intorest. ‘Temporary assignment - shall not exceed 6 months without the consent of the judge ‘concerned. 3: Pronmagate rules concerning: 1b the protection and enforcement of emostitutional rights 2. Reading, practice and procedure in all courts 3. Admission to the practice of law A Theintegrated Bar 5. legalassistance to the underprivileged LUnMETATIONES ON JUDICIAL RULE-MAKING: 1. Rshould provide a simplified and inexpensive procedure for the speedy disposition of cases. 2. should De uniform for al courts of the same gale, 3. M should not diminish, increase, or modify sabetontive rights, 4. Ondera change of vere or place of trial to avoid a miscarriage of justice SL. Appoiat ALL officials end employees of ‘the Sudidary, in accordance with Civil Service Lavi. ‘8. bxercse administrative supervision over ALL courts and the personnel thereof. 2 INCL REVIEW JUDICIAL REVIEW: 1, The power af the SC to declare a law, treaty, ordinance, etc. unconstitutional 2. ower courts may also exercise the power of Judicatreview, subject to the appellate jurisdiction, ‘ofthe SC. 3. Only SC decisions set precedents. As thus, only SC decisions ae binding on REQUISIES OF JUDICIAL REVIEW: ‘Code: REALS 1. The question involved must be. RIPE FOR ADIUOICATION, Eg. The challenged government ‘act mast have had an adverse effect on the person challenging 2. The question of Constitutionality must be raised in the fistinstance, or at the EARLIEST opportunity. epen2te9 12 (es ee ‘3. AN ACTUAL CASE caling for the exercise of judiciat power. 4. Resolution of the issue of constitutionality is ‘unavoidable or isthe very LS MOTA of the case. 5. The person challenging the governmental act must have ‘STANDING’ Eg. A personal and substantial interest in the case such that he has sustained, or will eustain, direct injury 25a result of ts enforcement, The Court can wave the procedural rule on standing in cases that raise issues of transcendental importance. Following are the guidelines in determining whether or ot a matter is of tronscendental importance: (L) the character of the funds or other assate involved in the ase; (2} the presence of a cear case ot cisregard of 8 constitutional or stotutery prohibition by the public ‘respondent agency or instrumentality of the government; and (2) the lack of any other party with 2 ‘more direct and specific interest in the questions being roised. Chamber of Real estate and Builders” ‘Association, inc. v. _ Energy Regulatory. iG.R._No. 174697, J 2010) ‘A taxpayer suit is proper only when there i an exercise Of the spending or taxing power of Congress, whereas tizen stending must rest on direa and personal interest in the proceeding. In sum, it bears to stress that generalized interests, albeit accompanied by the assertion of 2 public right, do not establish locus stanci, Evidence of a direct and personal interest iskey. Souther emis Engagement z i fn ali_Karapatan, et_al._v._ Gloria Macapagal ft av. Exec. See e 2 Ravan: Tagal M 1 GAN 0 170464, a. Operative Fact EFFECT OF = A_—sCDECLARATION OF UNCONSTITUTIONAUITY - Prior ta the declaration that 2 particular law is unconstitutional, it is considered an “operative fact”. Vested cights acquired under such law before it was declared uncorstitutonal are rot prejudiced by the subsequent declaration that the law 's unconstitutional b. Moot Questions POLITICALLAW REVIEWER Page 49 of 214‘Aa ection is considered MOOT when it no longer precents a justiciable controversy because the issues involved have become academic or dead or when the smatier has already been resolved. There is nothing for ‘the court to resolve 2s the determination thereof has ‘been overtaken by subsequent events. Atty. Evllo ¢, CCOMELEC, IG.R. No, 191 sam, 32, 2010). ‘A MOOT CASE Is one that ceases to present a jtiable controversy by virtue of cupervening events, ‘so that a decaration thereon would be of no practical ze or value. Generally, courts decne jurisdiction over such case or dismiss it. However, Cours will decide cases, otherwise moot and academic if (J there is a BANE VIOLATION of the Constitution; (2) the sitvation '5 of an EXCEPTIONAL CHARACTER and paramount public interest is involved; (3) the constitutional issue ‘sed requires formation of controling principles to tide the bench, the ber, and the public; (4) the case is ‘capable of repetition yet evading review. COMELEC vs, ‘Quizon, JGR. Wo. 177927, Feb, 15, 2008), f ‘© Political Questions Doctrine POUINCAL QUESTION - 4 question, the resolution of ‘which as been vested by the Constitution exclusively 1. tm the people, in the oxcrcise of their sovereign ‘copay, oF 2 mm which full discretionary authority has been sdelegsted to a co-equal branch of the Government, ‘hase gestion which, under the constitution are to be exited bythe people in their sovereign capacity or in regu te wbich full discretionary authority has been ‘delegated to the legislative or executive branch of the gvemment: Farad v, Cucnco,{G,R,N0,1-10520, Feb. a While camts can determine questions of legality with respect 1 governmental actioh, they cannot review gevemment policy and the wisdom behind such policies. These questions are vested by the Combution in the Executve and Legislative Departments. “EUSA limohes the exercise of the people power of revolution which overthrew the whole government. EDSA tis an exercise of people power of freedom of speach and freedom of assembly to petition the Rovemment for redress of grievances which only, atfected the office of the President. EDSA | is ext'a sBURAL BD NZS Constitutional and the legitimacy of the new government that resulted from it cannot be the subject of judiciat review, but EDSA Nis extra constitutional and the resignation of the sitting President that it caused and the succession of the Vice President as President are subject t0 judicial review. EDSA | presented a political question; EDSA 1! involves legal questions” sr No. Mar. 2, 2002), A aétermination of what constitutes ‘an imipeachable offense is a purely political question, which the Constitution has left te the sound discretion of the legislature. Ma. Merceditas MN, Gutlerter v. The. House of Representatives Committes on Justice, et No. 1 The Ombudsman comes within the purview of the Cour’s power of judicial review. The Ombudsman, despite being 2 constitutionally crested body with constitutionally mandated independence, it comes within the purview of judicial ceview which serves as a safety net against its capricious and arbkrary. acts Hoc F r hest No. 1387; 2, 2021), TOPIC UNDER THE SYLLABUS: V. JUDICIAL DEPARTMENT B. Safeguards of Securing Judicial Independence B. SAFEGUARDS OF INDEPENDENCE SECURING JUDICIAL 1. Boing a Constitutional body, it may NOT de aboiisned by law; CREATION AND ABOLITION OF COURTS - The Power to create courts IMPLIES the power to abolish and even re-organize courts, BUT thie ower cannot be exercised in a manner that would undermine the security of tenure of the judiciary. IF the aboiition or re-organization is done in GOOD FAMTH and not for poltical or personel reasons, it is VaLiO, 2. Members are only removable by impeachment; 3. SCmay not be deprived of minimum and appellate Jurisdiction; appellate jurisdiction may not be increased without ts advice or concurrence ‘POUTICALLAW REVIEWER Page 50 of 214 rn@ATENEO Law sumone | Congress cannot deprive the Supreme Court ofits Jirisdicton over cases provided for in the Constitution, Congress can only do the following: = Define enforceable and demandable rights; prescribing remedies for violations of such rights = Determine the court with jurisdiction to hear ‘and decide contraversies or disputes arising from legal rights 4. SC has ADMINISTRATIVE SUPERVISION over all inkerie courts and personnel; SSC has exlusve power to discipline judges/ jstices of inferior courts; 6. Members of the judiciary enjoy cecurity of tenure; ‘SC justices may be removed from office only by IMPEACHMENT, They cannot be disbarred while they hold office, 7. Members of judiciary may not be designated t0 any agency performing quasi-judicial or drinistrative Functions; The Court rejected petitioner’ claim that the Presdentiol Electoral Tribunal (PET) exercises ‘quxsodidal functons contrary to Section 12, Aide Vi of the Constitution. When the Supreme Cut asthe PET, resolves a presidental or vie mesidenti election contest, I performs what is scent a judicial power. Atty, Macalintal v. ‘Presidential Electoral Tribunal. [G.R. No. 23, 20) B Sabres of udges may not be reduced. Sila of SC Justices and judges of lower courts salle fred by law. It cannot be decreased during ther contruance in office, but can be increased ‘Members of the Judiciary are NOT exempt from Dayment of income tax..Mitafan v. CIR, [G.B. No. ‘708, ity 23, 19871, 9. Thejpddciary enjoys fiscal autonomy: ‘The entire judiciary shall enjoy fiscal autonomy. ‘Annual eppropriations for the Judiciary cannot be reduced bolow the amount appropriated for the Previous year. Once approved, appropriations shal be automatically and regulerly released. ‘Any exemption from the payment of legal fees eranted by Congress to government-owned or ‘controlled corporations and focal government units will necessarily reduce the Judiciary Development Fund (IDF) and the Spécial Allowance for the Judiciary Fund (SAJF). Undoubtedly, such situation is constitutionally infirm for it impairs the CCourt’s guaranteed fiscal autoriomy and erodes its independence. GSIS v, Hei ero, ‘GR. No, 258090, Oct. 4.20101, 3 10. SCalone may initiate Rules of Court; 42. SCalone may order temporary detail of judges; 12. SC can appoint all officals and employees of the sudicary, ‘TOPIC UNDER THE SYLLABUS: V. JUDICIAL DEPARTMENT Judicial Restraint JUDICIAL RESTRAINT JUDICIAL RESTRAINT: The Supreme Court exercises judicial restraint where the issue before tt has already, been meoted by subsequent events. TOPIC UNDER THE SYLLABUS: \V. JUDICIAL DEPARTMENT D. Appointments to the Judiciary D.APPOINTMENT TO THE JUDICIARY 2.QUALIFICATIONS, SUPREME Porc Cor eae Prot ou Cthzen of, the Philippines (may be @ naturalized, ‘auzen) Bid See) ‘Natural bocn cltzen of the Palippines AES. | Iacono ane esetoedlpages POUTICALLAW REVIEWER Page 51 of 214PATENEO LA oreTonSZ OZ Greumstances as. may reflect on his integrity and probity. the Court wv 14,1 2 Am 24 ‘Una a comecton of existing records on one's birth and dizerchp, one cannot accept en appointment %0 judidary as that would be a violation of the constitution. For this reason, he can be prevented by Injucion foes doing £0 Kosbayan v. Ermita, IG, ‘Ma IIFI2, July, 2007). 2. THE JUDICIAL AND BAR COUNL ‘Composition Chet tustice, as exoffcio chairman Sesretary of ustce, as exofficio member Representative of Congress (One from the Senate ‘and one from the Housel, as ex-officio member AL Representative of the Integrated Bar 5. Aprofessor of law 6 7 wee Aretred member of the SC Prictesector ropresentative ‘The ket four are the regular members of the JBC. The President. with CA approval, appoints regular members, vo serve for 8 years, in staggered terms. Functions Of The JBC Recommend appointees to the tudieiary {PRIMARY FUNCTION). t may also exercise such other functions as ‘the SC may assign to it (SECONDARY FUNCTION). 2. RULES ON APPOINTMENTS ®% President shall appoint Members of the Supreme Court and judges of lower courts from a list of at least 3 nominees for each vacancy; 2s prepared by the SBC. b. No- CA confirmation is needed - for appointments to the Judiciary. © Vacancies in SC should be filled within $0 days, {rom the occurrence of the vacancy. Vacancies in lower courts should be filled within 90 days from submission to the President of the JBC list. MIDNIGHT APPOINTMENT President may appolnt SC Justice within 60 days prior toelection. Article Vit deals entirely with the executive degertment while Article Vii deals with the judiciary. Had the framers Intended to extend the 60-day Prohibition contained in Section 15, Article VI to the =ppointment of Members of the Supreme Court, they Ould have explicitly done so. That such specification was not done oily reveals that the prohibition against the President or Acting President making appointments within two months before the next presidential Ghicfstice, and 2 Associate Justices HEARING OF CASES IN THE SUPREME COURT: 1. Divigons ot 3,5,0r 7 members 2 Eneme 12 DIVISION AND EN BANC CASES a Ge 1. Decided with the concurrence of a majority of the ‘members who took part in the deliberations and voted thereon 2. Majerty vote in a division should be at least 3 emir b Re En Al eases involving constitutionalty of 2: Code: UT 1. ww 2., RMTERNATIONAL or executive agreement 3 MEATY 2. Nbemesiavolving the constitutionality, pplication or operation of: (Code: POPOR! PREDOENTIAL DECREES ‘OnDeRs PROCAMATIONS. (ORDINANCES (ther REGULATIONS Instructions ‘ 3. All cases required to be heard en bane undor the les of Court 4 ‘Appeals from Sondigenboyan and from the ‘Constitutional Commissions 5. Cases heard by a division where required mejority 0f 3 was noi obcaned 6. Cases where SC modifies or reverses a doctrine or Drinciole of law laid down by the $C en bare oF by division 7. Raminstative cases to discipline or dismiss judges Of lower courts Pe eene ‘8 Election contests for President and Vice-President. 2. PROCEDURAL RULE-MAKING: ‘The Supreme Court has the power'to promulgate rules. Concerning the protection and enforcement of ‘constitutional rights, pleading, practice, and procedure in all courts, the admission to the practice of law, the Integrated bar, and legal assistance to the underprivileged. A legislative grant of exemption from the payment of legal feos under RA 8201 was held to be unconstitutional since the payment of legal fees is an integral part of the rules promulgated by the court ursuant to its rulemaking power under the Constitution. The Separation of powers among the three co-equal branches of our goverment has erected an impregnable wall that keeps the powers to Promulgate rule: of pleading, practice and procedure. within the sole province. of the Supreme Court. The other branches cannot trespass upon this prerogative by enacting laws or issue orders that effectively repeal, alter or modify any of the procedural rules Rez Petition ‘ees JAM. No, 08-2-01-0, February 13, 20201, However, it was ruled that Congress can amend the Rules of Court in cases where It involves not just procedural elements but also substantive matters Republic v. L Rule-making power also includes the inherent power to ‘suspend its own rules in particular cases inthe interest of justice. LUMITATIONS ON JUDICIAL RULE-MAKING: 2. It should provide a simplified and inexpensive procedure for the speedy disposition of cases, 2. It should be uniform forall courte ofthe same grade. 3. It should not diminish, increase, or modify substantive rights. 4. Order a change of venue or place of trial to avoid a miscarrioge of justice. 5. Appoint ALL officials and employees of the Judiciary, in accordance with Civil Service Law, 6. Exercise administrative supervision over ALL courts ‘and the personnel thereof 3. ADMINISTRATIVE SUPERVISION OVER LOWER courts SC has ADMINISTRATIVE SUPERVISION over all inferior courts end personnel POLITICALLAW REVIEWER Page 53 of 214 woun0e-7Disciplinary action agzinst judges of lower courts 1. Only the SC en bane has jurisdiction to fart OPINIONS - With respect to public personalities (politicians, actors. anyone with 2 connection 10 3 ‘Newsworthy event). opinions can be aired regarding their public actuations. Exception: Comments on their orivate lives, if not ‘germane to their public personality, are not protected. rr UBEL- Every defamatory ‘imputation is presumed malicious. Every form of expression (oral, ‘written, rape or disc recorded) includes motion pictures as well ae EXCEPTIONS: 1 Aprivate communication made by any person to ‘what is known as ‘another in the performance symbolicspesch such | of any legal, moral or social asthewearingot an | duty armband as a symbol_| 2, Afalrand truereport. made of protest. Peaceful in good faith, without any picketing has also. ‘comments or remarks been ineluded within 3. FACIAL. CHALLENGES AND. ‘OVERBREADTH DOCTRINE Probibiting placing of campatgn decals on private cars is everbroaé, and thus invalid prohibition Adlon. v. ‘SOMELECIG.R. No, 103956, March 22, 1992), Banning the publishing of survey resuits is also ‘overbroad because it coes not meet the O'Brien test, since It suppresses one type of expression while allowing others like editorials. SWS v. COMELEC [6.8 71, 2 4. TESTS, 1 There should be a RATIONAL, CONNECTION between the speech and the evil apprehended. 2. Focus on CONTENT e ‘Dangerous Tendency POLITICAL LAW REVIEWER eee ee DLs Page 76 of 214@ATENED LAW CENTRAL W. sifuNh ave O12 (GSE es Baling | 1. The courts should BALANCE the ‘of terests | PUBLIC INTEREST served by legislation ‘nd the FREECOM OF SPEECH (or any ‘other constitutional right). 2. The courts will then decide where the ‘greater weight should be placed. 3, Focus on weighing Government and Private interest 5. STATE REGULATION OVER DIFFERENT TYPES OF MASS MEDIA Cannot prohibit colurnnists from using their columns or Programsto campaign against or for a plebiscite choice, since the authority given by the Constitution is over holler of franchises and to give candidates equal ‘opportunity and equal access to media ~ not restrain 2anmary29, 1290), CConnck ban ext polls because the evils envisioned are merely speculative. ABS CBN vi COMELEC IG.R. No. 1133486, Janwary28, 20001 MTRCB has power to review both religious shows like the WNC program, 2s well as public affairs and documentary programs like The Inside Story. MTRCB v. ABS IRN IG Ro. 155282, tanvary 17, 2005], 6. COMMERCIAL SPEECH COMMERCAL SPEECH | OBSCENTTY Communication which no | TESTFOR OBSCENITY mereionproposes» | QARLERTEST: ‘commercial transaction. | 1. Whether the average person, applying ‘Commerdial speech may contemporery be protcie community tandacds 1 emstnotbe false ‘would find that the ‘x misleading, and work, taken as 2 2. Rshouid nat propese anillegal transaction, whole, appeals tothe prurient interest 2, Whether the werk depiets or describes, Contrat Hudson Fest: (to regulate ratifuland 2 patently lawful commercial offensive way, sexual speech) ‘conduct, specifically defined by law 1. Government has | 3. Whetherthe work, substantial interest to} teken as a whole, tacks serious fterary, artistic, political or sclentific value. protect 2. The regulation directly advances the interest 3. Its not more extensive than is necessary to protect thot interest, PROCEDURE FOR SEIZURE 1. Authorities must APPLY for izsusnce of search warrant 2. Court must be convinced that the materials are obscene (appiy CLEAR and PRESENT DANGER test) 3.dJudge DETERMINES whether they are “obscene” 4. Judge will SSUE a search warrant 5. Proper action should be filed under Art 201 of the RPC (Immoral documents, obscene publications end exhibtions, and indecent sows) ‘7.PRIVATE v. GOVERNMENT SPEECH ra 1. Concems only private | 1. Spooch made by the Individuals in government. Personal and private capacity 2. Government need not maintain. a> neuval 2. Can be content-based | viewpoint in its own speeches speech; may make ‘content-based speeches 2, Can ONLY be regulated by content neutral | 3. Government may ‘regulations and under due | advance or restrctits own process flaw speech In 2 manner that would clearly be forbidden were it cegulating the speech of @ ee 8. HECKLER’S VETO. HECKLER'S VETO- It involves situations in which the government attempis to ban protected speech because it might provoke a violent sesponse. The mere possibilty of a violent reaction to protected speech ie simply not a constitutional basis on which to restrict the right to speak. Roe w. Crawford POUTICALLAW REVIEWER Page 77 of 214 et ed‘GHAI OF ASSEMBLY AND PETITION. The standards for alowable impairment of speech ond ‘ress ato apply to the right of assembly and petition ‘RULES OW ASSEMPLY IN PUBLIC PLACES cope £0 1 Appkcantshouid inform the licensing authority of the date, the pubic place where and the time when the assembly will take place. 2. The application should be fled ahead of time to ‘enable the public offia! concerned to. appraise whether there are valid objections to the grant of the eam orto grant, but in another public place. The ant or refusal should be based on the epolcation of ‘re Gear and Present danger test. 3th pubic authority is ofthe view thet there i an Imminent and grave dancer of a substantive evl, the 2pplicnts rust be heard on the mater, A. The detision of the public authority, whether favorable or averse, must be transmitted to. the appiants atthe erlest opportunity so thet they may, ‘thy so dese, have recourse to the proper judicial thoy. ‘Mesembes 3, 1953). ‘RULE OW ASSEMBLY IN PRIVATE PROPERTIES - Only ‘the consent of the owner of the property or person eniiied w possession thereof is required. BP. 890.08 the Public Assembly Act of 1985 - it sets forth the requirements and procedure which are ecessary to regulate the time, place and manner of ‘public assemblies. I is a Content-Meutral legislation. it ‘refers w all Kinds of public assemblies that would use ‘uc plaes: The referonce to “lawful cause” does not ‘mae Mcartent based because assembles really have ‘ be for low! causes; otherwise they would not be “peaceable” and entitied to protection. ‘The Caltwated Preemptive Response (CPR) - issued in New of the “Maximum Tolerance” for the protection ‘and benefit of al raliysts and is independent of the ‘content of the expressions in the rally. ‘The existence of froadom parks is an essential part of the laws stem of regulation of the people's exercise of their right to peaccfully assemble and petition. No riot pent may be required for the exercise of such Fightin any public pack or plaza of a city or municipaity ‘uni that Gty or municipality zhall have esteblshed oF Sesignated such freedom parks. For without such aemative forum, to deny the permit would in effect ATENED LAW spt gt OD (et bbeto deny the right. Advance notices should, however, be given to the authorities to ensure proper ‘coordination and orderly proceeding, ‘The use of the term CPA should be discontinued, since it does not mean anything other than the meximuim tolerance policy set forth in Ne 25, 2006} . 880. Bayan v, Ermita ‘TOPIC UNDER THE SYLLABUS: Vil. BILL OF RIGHTS H. Freedom of religion 2. Nomestablishment clause a) Concept and basis b) Acts permitted and not Permitted by the clause ie) Test 2. Free exercise clause 3.Tests @) Clear and Present Danger Test b) Compelling State Interest Test ©) Conscientious Objector Test ‘No law shall be made respecting on establishment of Feligion, or prohibiting the ftee exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religous test shall be required for the exercise of civil or political rights 1.NON-ESTABLISHMENT CLAUSE 2, FREE EXERCISE CLAUSE eer 1. In order to show a violation of this cause, the person 1 Does not depend ‘upon any showing of direct governriiental | affected must show the Compulsion. seis COERCIVE etiect of the Violated oy the legislation asit operates against fonaetment of laws , | himin the practiceof his which establish an | | religion, official religion 2. While the non-establishment clause is absolute, the moment whether those laws operate directly to POLITICAL LAW REVIEWER Page 78 of 214@ ATENEO Law sagen ‘qwerce non-observing | euch belief Rows over ino ‘ndiidvats ornct.. | action, it becomes subject to government regulation Complanke with the Non-establishment Clause: 1Ltthasa secular logislative purpose 2 Rs primary effect neither advances nor inhibits igor 3. R must not require excessive entanglement with ‘exipient institutions (applicable only for government aid} TESTS ‘COMPELLING STATE INTEREST TEST- The state has the burden to justify any possible sanction. This step involves three sieps: 1 The courts should look into the sincerity of the ‘religious beef without Inquiring into the truth of the baliet 2 The state has to establish that its purposes are legitimate and compelling 3. The state used the least Intrusive means possible. The fre exercise of religion enjoys a preferred position inthe hierarchy of rights. The state's broad interest in Drotecting the institutions of marriage and the family = fot a compeling interest enforcing the concubinage charees. ‘The Constiusion adheres to the benevolent neutrality ‘approach that ives room for accommodation of religous exercises a5 required by the Free Bxercice (Gause Estrada, Escri i To allow the Muslim employees in the Judiciary to be {excused from work from 10:00 a.m. to 2:00 p.m. every Friday during the entire calendar year would mean 2 Giminsion of the prescribed government working ‘hours The performance of religious practices should ‘at prejudice the court and the public. The remedy of ‘the Maas employees, with respect to their request 10 bbe excused trom work is legisative. Re: Request of nt Courts ia Ihigan Cin 7 14,2005}, ‘The government cannot certify food as'hall ~ only the religion can do this. Islamic Da'wah Council of the Philinines, inc. v. Office of the Secretary [G.R: No, 253885, July 9, 20031, State sponsored Bible readings are invalid. Schoo! istics v. Schempp (376 U.S, 205, 1963], Lending secular textbooks to parochial schook kids is allowed ‘but not when there is close government supervision since there is excessive entanglement A 2 case involving a minister who failed to account for funds and was dismissed is not an ecclasiaticat affair since it did not involve doctrines or religious teachings. 2 1 Other Constitutional provisions expressing non establishment: 1. Art MI, See 29 - no public money/propery given to Teligious sect or minister/religiout personnel {except for those assigned to Army, penal institution, government orphanage or leprosarium) 2 Art Ml, Sec6 ~ Separation of church and State is inviolable 3. Art IXG), Sec 215) — No religious sects caa be Constitutional exceptions to non-establishment clause: 1. Art Vi, Sec. 28(5} ~ charftable institutions, churches, fete and ail fands, buildings, improvements A,0,€ used for religious, charitable, or educational purposes ‘exempt from taxation 2. A VI, Sec. 1(2) — [Cited above: the Armed Forces, penal institution, government orphanage oF leptosarium] ‘ 3. Arv XIV, Sec 3{3)— At the option in writing of parante oF guardians, religion con be teught in public elementary and HS within regular lass hours 4. Ast XIV, Sec 4(2) ~ usually there 5 ctizenship Fequirement for ownership of educational institutions (60%), but not for those established by religious groups ‘and mission boards , TOPIC UNDER THE SYLLABUS: VI. BILL OF RIGHTS |. Liberty of abode and freedom of movement 1. Limitations 2. Right to travel 3. Return to return to one’s county POUTICAL LAW REVIEWER Page 79 of 244mM #429 1112 L weer OF ABODE AND FREEDOM OF MoveMENT ‘The Rbery of abode and of chenging the same within ‘the tts orescribed by law shall not be impaired ‘exept upon lewful order ofthe court. Neither shal the Feht to travel be impaired except in the interest of ‘ational security, public satety or public health, 2s may be proxided by law. SEMEN Uberty of | tawful order of the court and within the ‘abode __| wits prescribed by law efi eroe ROGHTS GUARANTEED; LL Freedom to choose and change one’s place of ‘abode 2. Freedom to travel within the country and outside ‘The Universal Declaration of Humans Rights and the Itemional Covenant on Civil and Political Rights treat ‘the rig to freedom of movement and abode within ‘the tanitory ofa state, the right to leave 3 country, and the sghtto enter one's country as separate and distinct Fiebts. The Declaration spoaks of the ‘right to freedom ‘of movement anc residence within the borders of each state’. would therefore be inappropriate to construe ‘the Ratios tothe right to retum to one’s country in the some context 25 those pertaining to the liberty of ‘bode and the right to travel. Marcos v. Manglaous, $A. to s8211, October 77, 1989), ‘TOPIC UNDER THE SYLLABUS: ‘VIL. BILL OF RIGHTS, 1. Bight to information 1 Limitations. 2. Publication of laws and regulations 3. Aeress to court records 4. Right to information relative to’ a) Government contract negotiations b) Diplomatic negotiations 4. RIGHT TO INFORMATION ‘The right of the people to information on matters of public concern shall be recognized. RIGHTS GUARANTEED: 2. Right to information on matters of public concern 2. Right of access to official records and documents A.LIMITATIONS: ‘The government has discretion with respect to the authority to determine what matters are of public concern and the authority to determine the manner of ‘ccess to them. EXCEPTIONS CODE: BENT DISC 2. Banking transactions 2. Exeeutive Sessions 3. National Security matters 4 Trade secrets 5. Diplomatic correspondence 6: nteligence information 7, Supreme Court deliberations & Closed Door cabinet meetings ‘The chemical composition of special lubricants is a lade secret. The ingredients constitute the very fabric of the company’s business. To compel its disclosure is to cripple their business and to place it at an undue disadvantage. Trade secrets should recelve greater protection from discovery because they deserve economic value from being generally unknown and not readily ascertainable by the public. Air Philippines v. Pennsweil, ne. [G.R. No. 172835, December 13, 20071, The COMELEC may not deny a request to disclose the names ofthe nominees of participating party-ists in an election. The COMELEC may not show the names of the nominees in the “Centfied Uist.” However, nothing in 47941 prohibits the COMELEC from disclosing or even publishing through mediums other than the “Certified LUst” The identity of canuldates for an elective office is ‘2 matter of public interest. Ba-Ra7942 v. COMELEC IGR.No. 177271, May4,20071, 2, PUBLICATION OF LAWS AND REGULATIONS ‘The very first clause of Section tof Commonwealth Act 638 reads: “There shall be published in the Official Garette .." the word "shall" used therein imposes Lupin respondent officials an imperative duty. That duty ‘must be enforced if the Constitutional right of the people to be informed on matters of public concern is 10 be given substance and realty. The law itself makes POLITICAL LAW REVIEWER Page 80 of 214@ATENEO LAW 12 Est of whot should be published In the Official Gavette is needless to add that the pubscation of Presewal Bsuances “of 9 public nature” or “of veralapplcabity" is requirement of due process. it '5 a ue of aw that before a person may be bound by Ja, hems ist be officially and specifcaly informed oF is contents. Publication is necessary to apprise the Dab ofthe contents of fpenall regulations and make the sad penalties binding on the persons affected thereby Tanada v, Twera IGA. No, 1.63515, April 24, se ‘3. ACCESS TO COURT RECORDS ‘Pleadings and other documents filed by the parties are not matters of public concern or Interest. Access to court records may be porritied at the discretion end subject to the supervisory and protective powers ofthe aut. Only those who are “interested persons” who hae aegmate reason for accessing the records may ask the courts to sccess pleodings. Hllado v. Judge eyes JGR. No. 169355, Julv 21,2006]. {Ris dear that while the inal text of the JPEPA may not bbekept perpetually confidential - since there should be “ape opportunity for discussion before a treaty is approved ~ the offers exchanged by the parties during the negatstions continue to be privileged even after ‘the HEPA‘s published. It's reatcnable to conclude that the Japanese representatives submitted theit offers with the understancing that ‘historic confidentiality’ woul! oven the same. Disclosing these offers could impair the ability of the Philippines to deal not only wth Japan but with other foreign governenents in ‘wre negetntions. Akbayan v. Aquino [G.R. No. ‘TINSI6. ely 26,2008), ‘4. RIGHT TO INFORMATION RELATIVE TO a. Government contract ‘negotiations tion ‘The people's right t0 information on matters of public ‘concern under Sec. 7, Article il of the Constitution isin splendid symmetry with the state policy of full public . effec of Deloy While confirming the State's inherent power and right ‘0 take private property for public use, this provision at ‘the seme time lays down the limitation in the exercise cof this power. When it takes property pursuant to ite Inherent right and power, the State has the ‘corresponding obligation to pay the owner just compensation for the property taken. For compensation to be considered "just" It must not only bbe the full and fair equivalent of the property taken; it ‘must also be pald to the landowner without delay. bat .R, No.164195,April 5, 2013) ‘The Court imposes interest of 12% per annum unit payment of just compensation whenever the expropriator has not immediately delivered the just compensation. PZA v. Pulido IG.R, No.188995, August 24,2011, 4. ABANDONMENT OF INTENDED USE AND RIGHT OF REPURCHASE Ifthe property ceases to be used for 2 public purpose, the property reverts to the owner in fae simple. (Bernas Primer 2006 ech, p.106) We now expressly hold thet the taking of private Property. consequent to the Government's exercice of ite power of eminent domain, is alvays subject to the condition that the property be devoted to the specific public purpose for which it was taken. Corollary if this, Particular purpose or intont is not initiated or not at all ursued, and is peremptorily abandoned, then the former owners, if they 20 desire, may seek the reversion of the property, subject to the return af the ‘amount of just compensation received. in such a case, the exercise of the power of eminont domain har become improper for lack of the required factual based on the Constitution while the action far damages justification, n-Cebu_ International gAirport v. 's precicatedon statutory enactments orada. 1G.8, No, 176625, Feb. 25,2010), 2 San 163828, Aug. 28,2071). The fat that the owner rather than the expropriator POLITICAL LAW REVIEWER Page 87 of 2185S MISCELLANEOUS APPLICATION > Esneopristion by local governments ‘Thepower of eminent domain Is not a vai substitute forthe enforcement of » contract, (Bernas Primer 2006 ety LIS, x Essential requisites that must concur before an LGU can ‘exercise the power of eminent domain 1. An ordinance is enacted by the local legislative ‘unc authorizing the local chief executive, in behalf ‘of the LEU, to exercise the power of eminent domain ‘OF pursue expropriation proceedings over a particular Private property. 2. The power of eminent domain is exercised for pubic ‘use, purpose or welfare, oF for the benefit of the poor ‘and the andtess, 3. There is payment of just compensation, as required under Sedion 8, Article I of the Constitution, and other pertinent laws. 4. Aaland definite offer has been previously made to the owner of the property sought to be ‘exproprsted, but said offer was not accepted. 4, Limitations on the Exercise of the Eminent domain powers of, Local Government Unite 1. Order of priority in acquiring land for socialized ‘housing: Private lands rank actin the order of priority {or purposes of socialized housing. 2, Other modes of acquisition must first be exkausted. A local government unit (LGU), like the Municipalty of Parefiaque, cannot authorize an expropriation of Private property through a mere resolution of its lawmaing body. The Local Government Code expressly tnd erly requires an ordinance or 2 local law for the pupore A resolution that merely exotesses. the sentiment or opinion of the Municipal Council wil not suffice. On the other hand, the princigle of res judicata does not bar subsequent proceedings for the ‘expropriation of the same property when all the legal requirements for its valid exercise are complied with, mi ara Realty Corporation No. 20,1895 (MATTERS THAT MAY BE REVIEWED BY THE COURTS: 1L The adequacy of the compensation 3 The necessity ofthe taking 3. The “Public Use" character of the taking, Hf the expropriation is pursuant to a specific law passed ‘by Congress, the courts cannot question the public use character of the taking. Any law foeng the amount of just compensation isnot binding on the courts because itis a question of fact which is always subject to review by the courts. General Rule: The valve must be that as of the time of the fitrg of the complaint for expropriation. H. Exceptions 32. When the fling of the case comes later than the time. Of taking and meanwhile the value of the property has increased because of the use to which the exoropriator hhas put it, the value is that of the time of the earlier taking, 2 Where this Court fixed the value of the property as Of the date it was taken and not the date of the Commencement of the expropriation proceedings. NPC ¥. Lucan ibrabin [G.R. No, 168732, June 29,2007], i, Exception To The Exeaption I the value increased independently of what the ‘expropriator did, then the value Is that of the FILING of the case. Even before compensction is given, entry may be made. upon the property condemned by deposking the ‘money or an equivalent form of payment such as zrovernment bonds. 7 POLITICAL LAW REVIEWER ~ ee Cant DM Page 88 of 2141. Contemporary application of the contract clause eee M. CONTRACT CLAUSE ‘No taw impairing the obligation of contracts shall be passed. ‘MPRMENT: 1 If it changes the terms and conditions of a legat ‘contract efter 25 to the time or mode of performance 2. Rimposes new conditions or dispenses with those cemressed + Wit authorizes for its satisfaction something diferent. ‘rom that provided in ite tors, ‘A mere change in procedural remedies which does not change the substance of the contract, and which stil leaves an efficacious remedy for enforcement DOES. NOT MAPAIR the obligation of contracts. The non-impsirment clause of the Consthution must Yield to the loftier purposes targeted by the Gaviernment. Time and again, this Court has said that conwacs affecting public interest contain an implied reservation ofthe police power 2s a postulate of the ‘isting legal order. This power can be activated at ‘nytine to change the provisions of the contract, or even abrogate it entirely, for the promotion or rovetton of the general welfare. Such an act will not iniltate against the impairment clause, whichis subject. 10 and limited by the parsmount police power. Chavez et 62 1, ‘Twa & nothing In Section 5 {c) of P.0.-No. 902.4 Wichabitation Act) authoring the crange or ‘modification of contracts entered into by the distressed corporation and its creditors. it merely provides that “al actions for “claims against corporations, Dorterships or associations under management of receivership pending before any court, tribunal, board body shal be suspended accordingly" Leca Realty v. Manuel Corporation, [6.8. No. 196800. Seot, 25, 2007) Even granting that the "agreement* between the two overtments oF their representatives creates 2 binding obiigoton under international law, it remains incumbent for each contracting party to adheve to its ‘own internal law in the process of complying with its ‘obligations. The promises made by a Philippine resident or his alter egos to a foreign monarch are not transubstentiated by divine right so. as to ipso facto ‘ender legat rights of private perrons obviated. Kuwait 8.20081, License agreements are not contracts within the urview of the due process and the non-impairment of contracts clauses enshrined in the Constitution. TOPIC UNDER THE SYLLABUS: VI.BILL OF RIGHTS. N. Legal assistance and free access to courts. N. LEGAL ASSISTANCE AND FREE ACCESS TO courts Free access to the courts and quasi-judicial bodies and ‘adequate legal assistance shall not be denied to any person by reason of poverty. ‘TOPIC UNDER THE SYLLABUS: Vil. BILL OF RIGHTS . Rights of suspects 1. Availability 2, Requisites 3. Waiver seSsosaosn! Jsesaeeanenen ©. RIGHTS OF SUSPECTS UNDER CUSTODIAL INVESTIGATION s LLAVAILABILITY 2. REQUISITES. Rights of person under ‘commission of an offense. investigation for the CUSTODIAL INVESTIGATION - Commences when 2 Person is taken into custody and SINGLED QUT as a Suspect in. the commission of 2 crime under investigation Cora TESTIMONIAL, COMPULSION DOES NOT APPLY TO ‘BODY of the accused is proposed to beexamined 8. urine sample, photographs, measurements, garments POLITICAL LAW REVIEWER Page 89 of 214ATENED LAW MANDA RTS: (CODE: SF 4. fight orematn slont ‘2. Right tm have competent and independent counsel, preferably of his own choice ‘3. Right to be informed of these rights. 4 fighcto be provided with the services of counsel i hecannet aflordthe services of one 1. During.a police line-up EXCEPTION: Once there is {2 move among the investigators to ehcit ‘edrissions or confessions. from the suspect. 2. During administrative investigations, 3, Confessions made hy an accused at the time he voluntarily surrendered to the police or outside the context of formal Investigation. 4 Statements madeto a Themoment 3 police officer tries to elicit information from the suspect 3 counsel should 3t that juncture, sot the amped, unless he walves this right in writing and in the presence of counsel. Ifthe partkipation of the lawyer Was limited to notaization of a suspects covfesien, in legal contemplation, that is. not considered 10 be the kind of legal assistance that should be accorded to the suspect. People v. Rapeza_ {GR tn 169632, Aor 3, 20071, DICUSIONARY RULE - Any confession or adinission btaned in violation of this saction shall be inadmissible in evidence against the accused. Any ‘wience obtained by virtue of an illegally obtained confession & aso inadmissible, being the fruit of 2 poboneus tee. WAR REQUESTES OF A VALID WAIVER: 1. Made voluntarily, knowingly and intellgenthy 2. Waiver should be madi in writing aBERATONEZ O12 C88 56 3. Waiver should be made in the presence of couneel REQUISITES FOR A VAUD. ‘CONFESSION: (WAVES) 1 Madein wing 2 Made with the aststance of competent and independent counsel 3 Yoluntacy 4 Must be express 5. Signed, or if-the confessant does not know how to read and writ thumb marked by hie EXTRAIUDICIAL P. Rights of the accused 1. Criminal due process 2. Ball + 3, Presumption of innocence 4. Right to be heard 5. Right to be informed 6. Right to speedy, impartial and public trial 7. Right of confrontation 8. Compulsory process 9. Trials in absentia 10, Assistance of counsel P. RIGHTS OF THE ACCUSED 2. CRIMINAL DUE PROCESS RIGHTS OF A PERSON CHARGED WITH A CRIMINAL ‘OFFENSE: (FISH! cD) 1. Right to face the witne:ees 2. Right to be presumed innocent 3. Right to have a speedy, impertial and public trial ‘The right to speedy trial 's considered viotated only when the proceeding is attended by vexatious, ‘Capricious and oppressive delays. Courts are required ‘to do more than a mathematical computation of the ‘umber of postponements of the scheduled hearings of the case and to give particular regard to tie facts anc. Choumstancews pewhar to wach use, Neben Imperial, 1 Maticel al./Santos O. Francisco v. Spouses Gerard and ‘Maricel Joson Nelson/Imperial, ot al_v. Hilarion . Fells, et al, IG.R. No. 150067/G.R. No. 170410/G.R. No. 171622, Nov. 17, 2010). POLITICALLAW REVIEWER Page 90 of 214 wun / Lr a@ATENED LA 4.Fighttobe heard by himself and counsel 53. igi be informed ofthe nature and cause ofthe easton agaist hirn & feito have compideony process to secure the attendance of witness and the production of EVIDENCE inhi bona 7. Right wo due process of law aa GENERAL RULE: AN! persons actually detained Shall, ‘before conviction be entitied to bail. ‘excernoRs: 1 Pecons charged with offenses punishable by ‘eckson perpetuo, life impriconment and desth, when evidence of galt i strong 2. Persons who are members of the AFP facing a court marth : 3. Mf convicted by” the wiel court, ball Is only ‘dsaretionary pending appeal OTRER RIGHTS WW RELATION TO BAL: 3 The right to bal shall not be impaired even when the pradlege ofthe writ of habeas corpusis suspended 2. Excessive bat shall not be required ss FACTORS CONSIDERED IN SETTING THE AMOUNT OF ‘pam: (FP WANC) 1. imancal Ability of the accused to gve bail 2 forfeiture of other ball 3. The serused was 2 fugitive irom justice when arrested 4. Probability ofthe eccused appearing atthe trial 5. Pena for the offence charged 6 fPendency of other cases where the accused is on bail 7. Character and reputation ofthe accused & dezand heath of tie accused ‘9, Wight ofthe evidence against the accused 30. Remwre and circumstance of the offerse wane 2. tappelant ESCAPES from prison or confinement 2 tfappetant JUMPS bail 3. f appellant FLEES to another country during the ‘pendency of the appeal ‘Apart Irom bal, 2 person may attain provisional liberty though recognizance, which is an obligation of record entered into by 2 third person before 2 cour, {uoraetecing the appearance of tne accused for tial. It 'Sin the nature of a contract between the surety and the sate, W 9 202s BAIL IN EXTRADITION CASES - Our extradition lew does "ot provide for the grant of bal to an extraditee. There | no provision prohititing him or her from fing a ‘motion for bail, a right to due process under the Constitution. CENTRAL B. OPERATIO! ‘The STANDARD used jin granting bail"in extradition ‘cases is “clear ané convincing evidence.” Ths standard should be lower than proof beyond reasonable doubt but higher than preponderance of evidence. The Potential extraditee must prove by “leer and convincing evidence” that he isnot a fight risk and will abide with all the orders and processes of the ‘extradition court. Government of Hong Kong v, Olaia, ' 1G. No,253675, Aor 19,20071, ‘Armere claim of illness is nota ground tor bal. Balls ot sick pas for an ailing or aged detainee or przoner needing medical cere outside the prison facility. Peoole it R. 2, Since the grant of bal i discretionsry and can only be determined by judicial finings, such discretion can only be exercised after evidence is submitted to the court. the petitioner has the right of cross examination and to introduce his own evidence in rebuttal. Santos va Judze Jan. 27, 2007] Purposes ofthis right: 4. To afford the accused an opportunity ta cross-examine the witness 2, To allow the judge the opportunity to observe the conduct or demeanor of the witness, EXCEPTIONS TO THE RIGHT TO FACE WITNESSES: 41. The admissibility of “eying declarations” 2. Trlal in absentia under Section 14(2) 3. With respect to child testimony 'f the fallure of the accused to cross-examine a witness is due to his own fault or was not due to the fault of the Prosecution, the testimony of the witness should be: owluded. Fes demandable only during tals, Thus, it cannot be availed of during preliminary investigations. RESUMPTION OF INNOCENCE ‘The Constitution does not prohibit the legislature from providing that proof of certain facts leads to a prima facie resumption of guilt, provided that the facts proved have POLITICAL LAW REVIEWER Page 91 of 214ee _ - @ATENEO Law suomi _ ‘areasonable connection to the ultimate fee presumiea ‘ARRAIGNMENT to PROMULGATION of sentence, Ale] rreignment, trial may proceed notwithstanding absence of accused. = : So ROT TOSPEEDY TRIAL, Factors wed in determining whether the right to a . - speedy ral has been viola Purposes ofthis right - Time expired from the fling of the information 1. To furnish the accused with a description ofthe charge 2. Length of delay involved 2gainst him as wil enable him to make his defenses 3. Reasons forthe delay 2. To evail himself of his conviction or acquittal aeninet 9 4. Asertion or non-dssertion ofthe right by the accused further prosecution for the seme cause S-Prejudce caused to the defendant 3. Toinform the court ofthe fats alleged . [REMEDYIE RIGHT TO SPEEDY TRIAL WAS VIOLATED: the information fll to allege the material elements of +L Hecan move for the dismissal of the case the offense, the accused cannot be convicted thereof 2. he’s detained, he can file « pethion for theissuance even f the prosecution is able to present evidence during, of ef cof habeas corpus ‘the trial with respect to such elements ‘DESMESSAL BASED ON RIGHT TO SPEEDY TRIAL - I the ‘The real natufe of the crime charged is determined from ‘smisal’s VALID, it amounts to an acquittal and can bo the rectal of facts in the information, itis not based on J eu aebasé toclaim double jeoperdy. This would bethe | | theception, preamble or from the cted provbia, arew . cect fen the dismissal was made with the consent of | | allegedly vislated, theaenused i: GEN RULE: tis unnecessary to statein the information 4 | SeSEDV Tm v. SPEEDY DISPOSITION OF CASES the precise date thet the offense was committed Theright toa speedy tials available only ton accused EXCEPTION: when itis an essential eloment of the ‘andiss pecultly criminal aw concept, while the offense. broader right to 2 speedy disposition of cases may be - ‘apped n any proceedings conducted by state agencies, When the time given in thecomplaints not essential, it Buiseare the propriate right involved isthe right toa | | need not be proven as alleged. The complaint wile speedy disposition of cases, the recovery ofil-gotten sustained If there is proof that the offense was ‘west being civil suit Phitippine Coconut Producers committed at any time within the period ofthe statute of COFEDI, eta. vs, Rey the limitations and before the commencement of the action, ‘Phiipoines Wigherto£, Tanada, etal. intervenors; ‘The date of commission is not an element ofrape. The ‘anes Urrave. Republic of the Philippines IGA, Nos, | | gravemen ofrape is carnal knowledge af e morn, - 2. Jan. 24, 20121. ‘People v.Rafon [G.R: No. 169059, Sent, 5.20071. ‘DPA TRIAL OMPULSORY PR Tae acused is enitled 10 the “cold neutrality of an iimparal odge tis an element of due process, The 1973 and 1987 Constitutions expanded the right to compulsory process which now includes the right to secure the production of evidence in one's behall™ By PUBIC TAL «analogy, U.S. ys. Ramirez which laid down the requisites Pe Mendance atthe tral is OFENTO ALL irespectiveof | | for compeling the attendance of witnesses, mey be their relationship to the accused. However, ifthe applied to this expanded concept. Thus, the movent must ‘idence be adduced is offensive to DECENCY or show: (a) thatthe evidence is really material (b) that he PUBUC MORALS, the public may be exchided. 's not eultyof neglect in previously obtaining the Broduction of suck evicence:(c} that the evdenre will he The ight the accused toa public trialist violated ‘| ~ | avallatle st the tiene desired, and (d)enet ng reise the hearings ae conducted on Saturdays, ether with the | | evidence could be obtained consent ofthe cused Or if failed 1 object thereto, TRIALINABSENTI RIGHT TOBE HEARD, | Inches the right 1 be PRESENT atthe tral rom Allowed only if the accused has been validly arraigned TUG GaT TETRIS | and oe Sa POLITICAL LAW REVIEWER Page 92 of 214@ATENEO LAW ‘1 Aenwed tas boon duly NOTIFIED. 2. es faitre to appear is UNJUSTIFIABLE. xcernow: A :.Mthe acrused, after arraignment, has stipulated that hheisindeed the perzon charged withthe offense and amed in he information; and that any time a witness ‘eferstoaname by which he is known, the witness sto ‘be UNDERSTOOD 2¢ referring to him. 2.Theacasedd may WAIVE the nghtto be present at the ‘Yialby not showing up. However, the court can stl ‘compel the attendance of the accused if necessary for (OEMMAICANON purposes. PROMULGATION OF JUDGMENT: While the accused iz enttied tobe present curing promulgetion of judgment, the absence of his COUNSEL during such promulgation doesnot affects validity. Promulgation of judgment in absentia is valid provided thatthe essential loments are present: {2) that thejudgment be recorded inthe criminal docket (2) hat'a copy be served upon the accused or counsel, ‘Reconding the decsion in the criminal dockat ofthe court sates the requirement of notifying the accused of the Secision wherever he may bo. Estrada v, People [458 SCRAZD, dog. 25, 2005), ASSISTANCE OF COUNSEL ¥ the somsed oppears at the arraignment without course, the judge must 4. ffm the accused that he has 2 right to a counsel before arignment 2. Ask he aused if he desires the aid of counsel 3. tthe acnssed desires counsel, Bt cannot afford one, 2 ‘counsel de afiio must be appointed 4. the accused desires t0 obtain his own counsel, the courtmust ge him reasonable time to get one ‘TOPIC UNDER THE SYLLABUS; VILBILL OF RIGHTS @. Writ of habeas corpus Q.WaRT OF HABEAS CORPUS The privilege of the writ of hobdeas corpus shell be suspended except in cases of invasion or rebellion when the public safery requires it SPUN gO DID(E ‘The right to have ‘Avert diected to the person, onimmediate ‘detaining another commanding determination of | him to produce the body of the ‘thelegalty of the | prisoner at adesignated time doprivation of | and place, with the day and physical iberty. | cause of his caption and ‘detention, to do, submit to, and receive whatever the court or judge awarding the writ shall ‘consider in that behalf, ‘Awrit of habeas corpus extends to all ease: of ‘legal confinement or ‘The writ of habeas corpus does not extend into questions of conditions of detention by which any | confinement but only to erson is deprived of his | the fect and duration of Mberty, orby which the | confinement: is abject is rightful custody of any Person is withheld from the person eittitled to it. tes essential object and purposes to inquire into to inquire into the legality of one's detention, and. found iegal, to order the release of the detainee. i Isnotameans for the allmanner of involuntary | redress of grievances or to restraint and torelievea_| seek injunctiverelief or person fromitifsuch | damages. in re: Malor Festraintisilegal ‘Aauino{6.R. 174994, Avg. 31, 20071, ‘An essential requisite for the availabilty of the writ is. ‘actual deprivation of personal bert, IRis oni the privilege that may be suspended. Only the Dresident may suspend the privilege. For the valcity of the suspension, two requisites must exist: 1. Existence of actual invasion or rebellion 2. Public safety requires the suspension A pettion for habeas corpus will be given due course only if it shows thet petloner Is beng detained or restrained of his liverty unlawfully. Restrictive custody and monitoring of movements or whereabouts of police officers under investigation by their superiors is ‘ot a form of illega! detention or restraint of Sberty. They were not deprived of their liberties, Manalo v. PNP Chiet, IG.R. No, 178920, [Oct. 15,2007], TOPIC UNDER TRE SYLLABUS: VILBILL OF RIGHTS R. Writ of amparo POUTICAL LAW REVIEWER Page 93 of 214@ ATENEO Law spe wer9 019 (eset . WRIT OF AMPARO WRIT OF AMPARO - & remedy available to ang persan whose tight to fife; liberty snd eecurty is violated or ‘thremened with voiation by an unlawful act or comission of 2 PUBLIC officil or employee, or of 3 Driate individual or entity ‘The theestened demolition of dwelling is not included _atnong the enumeration of rights in which the remedy ‘3 Wiitof Amparo. The claim to their dwelling does ‘ot constitute right to life, liberty and security. Ths is, ‘therefore, nota legal bass Forte Issuance of the Writ of Aanparo.. 1R2735, ne 5, 2008). ‘The burden for the public authorities to discharge in these siuations, under the Rule on the Wiitof Amparo, is twofold. The first is to ersure that all efforts of ‘sdosure end investigation are undertaken under pain Of indirect contempt from this Court when, ‘governmental efforts are less than what the individual skustions require. The second is to address the sappearance, 50 that the life of the victim is ‘preserved and his or her liberty and security restored. ts as 2008), The-remady of the writ of amparo provides rapid Jue ree 2s 1 partakes of a summary proceeding ‘hat require only substantial evidence to,make the appropriate refs availabe to the petitioner; ite not an acon to determine criminal gult requiring proot beyond reasonable doubt, oF lability for domoges ‘exzuking preponderance of evidence, or administrative responsibly requiring substantial evidence thet. wil require fil and exhaustive proceedings. Razon vs ‘TapibIGR te, 182490, Des, 3, 2009], ts ‘The framersof the Amparo Rule never intended Section 5{€) to be complete in every detail in stating the \Wweatened or actual violation of a victim's rights As in any other iitistory pleading, the pleader must of ‘course state the ultimate facts constituting the cause of ‘2ction, omitting the evidentiary derals. In an Amparo petition. however, this requirement must be reed in Fight of whe nature and purpose of the proceeding, which addresses a situation of uncertainty; the petitioner may not be able to describe with certainty how the victim exactly disappeared, or who actually acted to Kidnap, abduct or arrest him or her, or where the victim & detained, because these information may purposely be bidden or covered up by those who ‘caused the disappearance. Section Sie) merely requirae thit the Amparo petitioner (the respondent in the Present case) allege “the actions and recourses taken to determine the fete oF whereabouts of the aggrieved party and the identity ofthe persan cesponsiole for the threat, oct oF omission.” Razon v. Tagids (GR, No, ‘TOPIC UNDER THE SYLLABUS: VILBILL OF RIGHTS S. Right to Speedy Disposition of Cases ‘S. SPEEDY DISPOSITION OF CASES ‘All persons shell have the right to @ speedy disposition Of their cases before all judicial, quasi-judicial, or TOPIC UNDER THE SYLLABUS: VILBILL OF RIGHTS T. Salf-incrimination clause 1. Scope and coverage 2. Application 3. Immunity statutes . SELFINCRIMINATION CLAUSE 1. SCOPE AND COVERAGE. 2. APPLICATION No person shall be compelled to be a witness against himset. ‘WHEN MAY BE INVOKED: 2. Incriminal cases 2. in all other government proceedings, including civil ‘actions and administrative or leislative investigations. ‘Only natural persons can invoke the right. Juridical persons are subject to the visitorial powers of the state in order to determine compliance with the conditions ‘ofthe charter granted to them. Page 94 of 214 POLITICAL LAW REVIEWER‘Whats prohibited s the ‘se of pipsical or moral to ‘ettort communication from thewiness orto otherwise htevidence which woult not exist were t not forthe ‘actions competed from the witness. ‘The right does not prohibit the examination Cf the body of the ‘2ecused or the use of, findings with respect to is body as physicat evidence, Fingerprinting of an accused would not violate the rignt against selt.incrieination, INCREMINATING QUESTION - A question tends’ to incriminate wiven the answer of the accused or the witness would establich © fact which would be 3 necessary Mik in a chain of evidence to prove the ‘connmission of crime by the accused or the witness, SEE witness stand. He can only refuse to answer specific ‘questions that would incriminate him inthe ‘commission of an offense, 2 USE BAMUNITY - prohibits use of witness’ ‘competed testimony and its fruits in any mane in connection with the criminal ‘Prosecution ofthe witness 2 TRWGACTIONAL IMMUNITY - grants jnmaniy to the witness from prosecition for ‘av offense to which his compelled testimony tes, fe & beyond dispute that said law belongs to the first ‘pe of immanity statutes (use immunity). tt grants merely kmmmanity from use of any statement given before the Board: but not immunity from oroserution by reason of on the basis thereof. Merely testifying and/or producing evidence do not render the witness ‘immune from prosecution notwithstanding his ‘vocation ofthe right against self. incrimination. He is sverely saved from the use against him of such Statement and nothing more, Stated otherwise ... he sill rans the sk of being prosecuted even if he eets up ATENED LAW spean gue 017s bis right against solf-incrimination. The dictates of fait ‘lay, which is the hallmark of due process, demands ‘that private respondents should have been informed of ‘heir rights to remain not need to perform any act to acquire ‘Phiipine citizenship 2 Those who elect Philippine citizenship ‘underi2 above A Repatriated ‘fects of Naturalization: 2 The LEGITIMATE MINOR children of the naturalized FATHER become Filipinos as well. 2 The WIFE also becomes a Filipino ctizen, Proviled that she does not have any eqaification which ‘would bar her from being naturalized. ‘TOPICUNDER THE SYLLABUS: ‘Va CrTENSHIP , Dyat Guizenship and Dual Allegiance BL DUALOTIZENSHIP AND DUAL ALLEGIANCE DEMVABE CITIZENSHIP - The UNMARRIED child (whether beghimate, illegitimate or adopted) BELOW 18 ‘eos old of those who RE-ACQUIRED the citizenship shallikewisebe deemed as citizens of the Philippines. y_ sues ue O12 (es R.A. 9225* provides that. Filipino whe has previously Fenounced, his Flipino citizenship cari reacquire it without renouncing his foreign citizenship. likewise, 2 Fiipino who acqukes foreign citizenship after the clfectivty of RA. 9225 retains his Flipino cluenship. RA. 9225 is 9 law about dual citizenship not dual allegiance L GR. No, 2 Result of the ‘Aperson simultaneously ‘CONCURRENT ‘owes, by some POSITIVE APPLICATION of the laws. | ACT, loyaty to rwoor Of two or more states, a | more states. Pesson Is simultaneously considered a citizen of Unlike those with duat allegiance, who must, therefore, ‘be subject to strict process with respect ta the: termination of thelr status, for candidates with dual cizenship, t should suffice I, upon the fing of their certificates of candidacy, they elect Philippine. Citizenship to terminate their status as persons with ual citizenship considering that their condition is the UUnavoldable consequence of conflicting law: of different states. TOPIC UNDER THE SYLLABUS: INL. CITIZENSHIP £, Loss and fe-acquisition of Philippine Citizenship E. LOSS AND RE-ACQUISMION OF PHILIPPINE cImZeNsniP ‘Man GENERAL RULE: citizenship iage of Filipino with an Alien, ‘The Filipino FETAINS Philippine * chizerstip Retention ond Revasaslition Act of 2003 POLITICAL UAW REVIEWER Page 100 of 214 URE ETE za Sa@ Ateneo caw EXCEPTION: By their act or omission they are deemed, ‘under the law, to have renounced ow Ghicenship is Lost (CA. No. 63): (CODE: cANDOR CANCELLATION of certificates of naturalization Serving in the ARMED FORCES of an ENEMY country [NATURALIZATION in 2 foreign country Being @ DESERTER of the armed forces of ONE'S country ‘By subscribing to. an OATH OF ALLEGIANCE to thelaws or constitution ofa foreign country 5. EXPRESS RENUNCIATION of citizenship yo Pw one ‘odes of Reacquiring Citizonchip: 1. Diectact of Congress 2 Naturalization 3. Repatriation REPATRIATION. NATURALGORN Filipinos who are deemed to have lost their citizenship may re-acquite the Sime via REPATRIATION proceedings. This involves {aking an OATH OF ALLEGIANCE and FILING the’ same. vith the cl egistry. Repatriation is not 2 matter of right, but it fs a Privlege granted by the State. The State has the power, 1 prescite by lw the qualifications, procedure, and fequirements for repatriation. it has the power to determine if an applicant for repatriation meets the Jequirements of the law for it ic an inherent power of the State to choose who will be its citizens, and who ‘can reacmuie ctizenship once itis lost. 4s distinguished from the lengthy process. of naturahvation repatriation simply consists of the taking of ‘an oath of allegiance to the Republic of the Philipines and registering said oath in te Locel Civ ‘Regisuy of the place where the person concomed ‘esis or ast resided. He would not even need to flea ettionin court (Clizens, who lst their | The only persons entitled torepatriation, are the itcership by reason of following: theirnaturlication 25, tizene of foreign ee : BERR GOS ‘County, are deemedto ]1. Filipino women who have reacquired thelr (ost their Philippine Philippine citizenship suesotrerbe aliens pemntemecet: [eee SAE including thelr minor children who lost their Philippine citizenship ‘on account of politcal ‘or economic necessity Exceptions to those Entitled to be Repatriated: CODE: Ov? 1. Person opposed to organized govemment or affliated with any association or group of persons who uphold and teach doctrine: opposing ‘organized government; 2. Person defending or teaching the necessity or Propriety of violence, personal assault, or association for the predominance of their ideas; 8. Person convicted of crimes involving moral turpitude; oF 4. Person suffering from. mental alienation or incurable contegious diseases. Reacquisition of Philppine citzenship does NOT ‘automaticaly wandlate to reacouisition of domicile. It must frst be established that there is animus mondendl {and animus non revertendi ‘TOPIC UNDER THE SYLLABUS: ‘IIL. CITIZENSHIP F. Natural-Born Citizens and Public Office F. NATURAL-BORN CITIZENS AND PUBLIC OFFICE. ‘Natural Born citzens: 1. Citizens of the Philippines trom birth who DO. NOT HEED to perform ANY ACT to acquire or Perfect thetr Philippine citizenship. Reneson il YAHRETIG.R, No. ‘Those who ELECT Philippine citizenship under ‘Art 1Y, Sec. 13) of 1987 Constitution Public Officers who must be Natural-Born Citizens According to the 1987 Constitution: 1. Presigent 2. Vice President 3. Senators and Members of the House of Representatives POLITICAL LAW REVIEWER ee Page 101 of 2144 members of the Supreme Court or any lower collegiate court 5. Members of the Constitutional Commissions, 6 Ombudsman and his Deputies 7. Ghaiman and Members. of the Commission on Homan Rights NOTE: Exxept for positions which the law or the Constinaion specifically requires that they be held by natural born- prebainary step in en administrative investigation; the purpose thereof is to prevent the accused from, ‘using his position and the powers dnd prerogatives of bis offce to influence potential witnesses or tamper with records which may be vital in the prosecution of the ase against him. Office of the Deputy Francisco [GR._No. 172553 Dec. 36, 2a] POLITICAL LAW REVIEWER isa me anf a A BARD O(a rn 20 Et i Its now settied that Sec. 13 of Republic Act No. 3019” makes it mandatory for the Sandigenbeyan to suspend any public official agaiest whom a valid formation charging violation of that law, Bock Wt Tie 7 of the Revised Penal Cade, or any offense invohing froud tipon government or puble funds oF property is fied The court trying a case has neither discret to determine whether prevent tequred to prevent the accused from using his ofie to intimidate witnesses or frustrate his prosecution or conunuing commiting malteasance in office. Vilazener v. Sandizanbayan [GR Me. 180700, March 4.2008] ‘There sino dispute as to the power of the Ombudsman to place a public officer charged with an administrative ‘ffense under preventive suspension. That power is Geary confined under Section 24 of RA, No. 6770" ‘The law sets forth two conditions that must be satisfied to justify the issuance of an order ‘of preventive ‘suspension pending an investigation, to wit: 3. The evidence of gutt isstrong; ane 2, Either of the following circumstances co-exists with, the first requirement: 2. The charge involves dishonesty, oppression or grave ‘misconduct or neglect in the performance of duty; '. The charge would warrant removal from the services . The’ respondent's continued stay in office may. prejudice the case filed against him. Ombudsman v. Valeroso (6.R, No, 267828, Apr, 2, 2007) 2. Settled fs the rule that prior notice and heering are ot required in the issuance of a preventive suspension. ‘order. Carabbeo v. CA (G.R. Nos. 178000 and 476003, ‘Dec. 4.2009) 4. Two conditions before an employee may be entitled to back salaries: a) the employee must be found innocent of the charges and b) his suspension must be unjustified. The reasoning behind these conditions rune this way: although an employee is considered under preventive suspension during the pendency of 2 successful appeal, the law itself only authorizes Preventive suspension for 9 fixed petiod, hence, his suspension beyond this fixed period is unjustified and must be compensated. The rule on payment of back The nts Grft ond Corrupt Proctces Act "the Oribudernon Act of 1089 Page 116 of 214@ ATENEO Law sepneupmizGet salories ding the periog of suspension of a member of the cull service who is subsequently ordered Feinsttet, is aready settled in this juriscgtion. Such ayment of salaries corresponding to the period when ‘an employee is not allowed to work may be decreed ‘ot only i he is found innocent of the charges which caused his suspension (Sec.35, PA 2260), but alo when the suspension is unjustified. CSC v Cruz IGR. No, ‘287858, fu. 9.2022). ‘The mere reduction of the penalty én appeal does not entitle a government employes to back salaries if he ‘was fou exonerated of the charge agznst him. Ifthe @oneration of the employee is relative (as isungusted from complete exoneration), an inquiry into the factual premise of the offense ciarged and of the offense committed must be made. if the adminiraive offense found to have been actually committed i of lesser gravity than the offense charged, the employee cannot be considered exonerated if the factual prerise forthe imposition ofthe lesser penalty yemains the Same, CSC v, Cruz [G.R, No. 187858, Aus. ‘220th ‘GROUNDS FOR PREVENTIVE SUSPENSION OF POUCE OFFicens [RA 8552, SEC 55) {Preventive Suspension Pending Criminal Case) ‘The court shall immediately suspend the accused from office for a period not exceeding ninety (90) days from arraignment: 2. Upon the fling of 2 complaint oF information suffient in form and substance against a member ‘of the PNP 2. for game felonies where the penatty imposed by nw is se (6) years and one (1) day or more, BICEP: if it can be shown by evidence that the accused is harassing the complainant and/or witnesses, the court may orde? the preventive suspension of the accused PNP member even if the charge is punishable by @ penalty lower than six (6) years and one (1) ne Z GENERAL WIRE: period of preventive suspension shall nat-be morethan ninety (90) days EXCEFRON:If the delay inthe disposition of the case is due to the fault, negligence or petitions of the ‘respondent: * Phitipsine Navona! Police Reform ond Reargonization Act of 1998 ‘The preventive suspension may be sooner lifted by the court in the erigency of the service upon ecommendation of the chief, PNP. Such case shall be subject to continuous trial and shall be terminated within ninety (90) days from aeraignment of the accused. BACK SALARIES DURING PREVENTIVE SUSPENSION General Rule: A public official is not entitled to any. compensation if he has not rendered any service. Reyes. ‘eHemandez 6.8, No. Apr. 8, 2942), Based on the “no ‘work-ne pay” principle. Exception: 2 conditions before an employee may be entitled to back salaries: 4) The empbyee must be found innocent of te charges and ») His suspension must unjustified or theofficial was innocent. Civil Servica Commission va, Crus 1G.8, No. 187858, Aug. 9.2011), ‘Nota penalty. Itisa measure incended to enable the diseplining authority to investigate charges aginst respondent by preventing the latter from intimidating or in any woy inflvencing witnesses against him. the investigation isnot finished and 2 decision is ‘ot rendered within that Derg, the suspension willbe lifted end the respondent will automaticaly be reinstated. Wafer investigation, respondent is fourdinnocentof the charges andis exonerated, he should be reinstated. CSC ve ‘Alfonso [6.8.No, v4 ri {the ponaty imposed by the disciplining authority is. suspension or dismissal and, after review, the ‘espondent is exonerated. Note: No back salaries shall be ‘due for the period of Preventive suspension PENDING INVESTIGATION but only for the period of preventive suspension PENDING APPEAL, in the event the employee is exonerated. Gloria v. CA {G.R..No, 133012, Apr. 21, 1999) 2 ‘Amount of Back Salaries An illegally terminated civil service employee is entited {0 back salaries imited only 10 2 maximum period of POLITICALLAW REVIEWER Page 117 of 214@ATENED LAW sepaeuznizest Five years, and not full back salaries from Mis ilegat ‘termination up to his reinstatement. Galang v. Land ‘Sant JGR. No, 275276, May 32, 20111, 2, hr ‘slories GENERAL RULE: A public officer or employee, who has been dismissed or suspended from service and who is ‘ater found innocent of charges, is entitled to ‘einetatoment with full ack salary and wages!” “The rule is settled that back salaries may be awarded to Gel servants only if they have been legally dismissed ‘and thenceforth ordered reinstated, or to those soqutted of the charge against them. Teniey Water ‘District w, Cui. r.IG.R, No. 160502, Apr, 27, 20071, When an affcial or employee was illegally dismissed and his reinstatement has later been ordered, for all legal porposes he is considered at not having left his fice. Therefore, he is entitled to all the rights and ‘pivleges that accrue to him by virtue of the office he el . ana [EXEEFTON: When Removal or Suspension is Lawful ‘The denial of salary to an employee during the period of his suspension, if he should later be found gulty, Is. ‘proper because he had given ground for his suspension. 1 does nok impair his consttuvional rights because the Constintion sali allows suspersion for couse as provided by law and the law provides that an employee ‘may be suspended pending an investigation or by wey of penaty. Banealisan v. CAIGR, No. 124678, july 31, sn. Reiesttement - the Issuance of an appointment to a person who has been previously appointed to a Dostion in the career service and who has, through no delinquency or misconduct, been separated therelrom, orto the restoration of ore who has been exonerated of the adminisuctive charges filed against him. Galang No. 175276, Ma 21. restores the income that was lostby reason ‘or separated. One who | of unlawful dismissal is reinstated assumes the position he hed ‘occupied prior tothe dismissal and's, 5 an ordinary rule, entitled coniyto the last salary in that pésition Where to File Claims for Backwages: The claim for Fecovery of back salaries involves settlement of ‘2ccounts or claims against the government and should therefore be fled with the Commision on Audit” NoTE: ‘A public officer is entitled after his acquittal not only to, reinstatement but also to payment of the salaries, allowances, and other benefits withheld ‘from him by, reason of his discharge from the service even if there has been valid suspension from the service pending the adjudication of the criminal case, P/Chief Su Ri isan. 5 ‘Rogauln [G.R. No, 159588, Sept. 15, 2010), ‘TOPIC UNDER THE SYLLABUS: 1X. LAW ON PUBLIC OFFICERS. H. Liabilities of Public Officers |. IMMUNITY OF PUBLIC OFFICERS 1. IMMUNITY OF PUBLIC OFFICERS. OFFICIAL IMMUNITY - Only protects public officials, from tort liablity for damages arising from acts or functions in the performance of the oficial duties. ‘Exceptions: when iablity does not devolve ultimately tothe State such as: 1. Apetition to require offelal to do his duty 2. A petition to restrain him from doing an act 3. To recover taxes from him 4. Those where the officer impleaded may by, himself slone comply with the decision of the court 5, Where ‘the government itself has violated its own laws ‘Where a public oficer has committed an ultra vires act, for where there is a showing of bad faith, malice or ‘Bross negligence, the officer can be held personally ‘accountable even if such acts are claimed to have been performed in connection with offcia! duties, Wylie v, Page 118 of 214Imemunity from sult cannot institutionalize FFesporsiiity and_non-accountability nor grant 3 rivleged status not daimed by any other official of the Republic. IG.R. No. 18.1995). Where the public officer is sued In his personal capacty, sate immurity will not apply. Lansang v. CA 1G. a. 199657, Feb. 23,2000), ‘TOPIC UNDER THE SYLLABUS: (Dt LAWON PUBLIC OFFICERS J. De Facto Officers 1 DEFACTOOFFICERS DE FACTO OFFICER - One who actually possesses an office although he has an imperfect or colorable title. tis acts, though not those of a lawful officer, the law, ‘upon principles of policy and justice, will hold valid so {far as they invohe the interests of the publie and third persons, REQUISITES: 1 Adeje office 2 Color of right or general acquiescence by the pubic 3. Acual physical possession of the office in good fain Enitlementw Salaries ‘Genera de: The rightful incumbent of» public officer ‘may recmver from an officer de facto the salary ‘recived by the latter during the time of his wrongful tenure, even though he entered into the office In good falty and under color of title. General Manager v. ‘Monserate IGRNo. 129616, Apr. 17 2002) Exception: Where there iso dejure public officer” DE JURE OFFICER - One who has the lawful rightto the office in all respects, but who has either keen ousted ‘rom it, oF who has never actually taken possession of 'R. When the officer de jure is also the officer de facto, ‘thelasful title and possession are united Siweaee Ateneo Law suas LUSURPER - One who takes possession of the office and undertakes to act officially without any color of right or authority ether actual or apparent. Effects of Acts of De Facto Officers: 1. Hf done within the scope and by the apparent authority of the office, considered VALID and binding as fhe were the officer legally elacted and qualified for the office and in full possession thereof. 2. The de facto officer cannot claim a salary and ‘other compensations for services rendered by him as such, NOTE: There is authority to the effect that the de {focto officer may retain salaries collected by him for services rendered in good faith where there is no de jure officer caiming the office. 3. The de facto officer is subject tothe same liabilities, Imposed on the de jure officer in the discharge of offical duties, in addition to. whatever specai damages. may be due from him because of his unlawful assumption of office. ing a De Facto Officer: * 1.” The incumbency of 9 de facto officer may not be chalenged colateray on ant action w wich Ne isnotapary 2 2. Thechalenge must be aden a direst proceeding eye eiste te fea wll be heprnerpal ee 2 ipeangue auceine: au oem es by le Sonor Geneol in te reste ef the Republic or by ary parson clsiming te to the office ‘TOPIC UNDER THE SYLLABUS: 1X, LAW ON PUBLIC OFFICERS K. Termination of Official Relation K, TERMINATION OF OFFICIAL RELATION a, Modes of Termination: CODE: TAD PAIR CAIRR 2. NATURAL CAUSES: 1. Bepiration of the TERM or tenure of olfice UNLESS authorized to hold over, his/her rights and duties ipso facto ceases. 2. Reaching the AGE limit (retirement) - 65 years for public officers and employees 3. DEATH or permanent disability POLITICAL LAW REVIEWER Page 119 of 214 ETENOTE: If the authority to be exercised is ‘conferred upon two or more officers, a aifferent rule applies. While the death of one terminates higher authority and leaves a vacancy to be Sled, the whole office is not vacant. Unless the joint action of ail is expressly required, the survivors may execute the office. {De Leon, 2008) 2, ACISORNEGLECT oF OFFICER: 1. PRESCRIPTION of Right to Olfice - Quo " Warranto is the proper remedy against a public officer or employee for his/her ouster from office which should be commenced ‘within 1 year after the cause of such ouster; ‘otherwise the action shall be barred (De Leon, 2008) 2 ABANDONMENT of Office - the voluntary ralinquishment of an office by the holder, with the tntention of terminating his possession ‘and control thereof. ... There are, therefore, ‘wo essential elements of abandonment: first, tsnintention to abancon and second, an overt “eaterna” act by which the intention is canted into effect. MOTE: Generally speaking, a person holding a public office may abandon such office by ‘somuser or acquiescence. Non~uset refers toa Regect {0 use a right oF privilege or to ‘erate ‘an office. However, nonperformance: af the duties of an office does not constitute ‘abandonment where such nonperformance results from temporary disability or from {awoluntary failure to perform. Abandonment ‘may also result from an acquiescence by the ‘offices in his wrongful removal or discharge, fer instance, after a summary removal, an tuaseasonabie delay by an officer illegally ‘Femoved in taking steps to vindicate hie rights ‘may constitute an abandonment of the office, zu, 3. Aeteptance of an INCOMPATIBLE office Kis a well settled rule that he wno, while ecoupying “one office, accepts another ‘compatible with the first, ipso facto vacates the first office and his tite is thereby terminated without any other actor ‘receeding Public policy considerations ‘Setate against alowing the seme individual 1o Besform inconsistent and incompatible duties, ‘The incompetibilty contemplated is not the ‘mere physical impossibility of one person's pesforming the cuties of the two offices due ‘ a lck of time or the inability :0 be in two jaan ATENEO LAW Sete gue7ini2 places at the same moment, but that which Proceeds from the nature and relations of the ‘wo positions to each other as to give rise to contrariety and antagonism should one Person attempt to falthfully and impartially discharge the duties of one toward the incumbent of the. other. B Feb. RESIGNATION - Formal renunciation or ‘elinquishment of office. NOTE: To constitute a complete and operetive ‘act of resignation, the officer or employee ‘must show 2 clear intention to relinguish or surrender his position accompanied by the act Of relinguishment. Resignation implles. an expression of the incumbént in some form, express or Implied, of the intention to surrender, renounce and relinquish the office, and its acceptance by competent and lawful authority... Verily, @ "courtesy resignation” Cannot properly be interpreted a: resignation in the legal sense for it is not necessarily a Teflection of 2 public official's intention to surrender his position. Rather, it manifests his Submission to the will ofthe political authority ‘and the appointing power. Ortiz v. COMELEC, et J x ‘ACTS OF THE GOVERNMENT OR PEOPLE: 2, CONVICTION of a crime - termination results When the penalties of perpetual or temporary absolute cisqualification or penalties of perpetual or temporary special disqualification are imposed upon conviction by final judgment in atrial court 2. ABOUTION of office - 3. IMPEACHMENT - way -of removing the President, Vice President, Members of the Supreme Court and the Constitutional Commissions and the Ombudsmen. 4. REMOVAL - ouster of the incumbent before the expiration of his/her term ‘GROUNDS: 2. Members of Congress ~ each House ‘may punish its members for disorderly behavior with the concurrence of 2/2 of ALL its members. Suspension if imposed: shall not exceed 60 days. b. Civil Service offcers/employees —for causes provided by law 5. RECALL- refers to the election itself by means of which voters decide whether they should fetain their local official or elect replacoment. The ground for recallis “loss of confidence,” POLITICAL LAW REVIEWER Page 120 of 214is 2 fendamental principle in the law on public ‘officers that administrative lability is separate from, ‘and independent of criminal Habity. A simple act or ‘Omission can give rie to criminal, civil or administrative ably, each Independently of the others. This is koown as the ‘threefold lability rule.” Thus, absolation from a criminal charge is not © bar to an ‘administrative prosecution, and vice versa. The lsmissal of the administrative coses against. the etiioners wit not necessarily result in the dismissal of ‘the criminal complaints fled against them. Regidor. Feb. 13, 2009]; tv, Caraquiz IGA. ‘Sent 14.2001). ‘Reorganization ‘A REORGANIZATION “involves the reduction of personnel, consolidation of offices, or abolition thereof bby reason of economy or redundancy of functions.” ters the existing structure of government offices oF Uns theren, inducing the lines of control, authority ‘20d responsibilty Between them to make the bbureaocracy more responsive to the needs ofthe public ‘Gente as authorized by law. It could result in the loss ‘of one's pation through removal or abolition of an ‘office. For areorganization for the purpose of economy, ‘to make the bureaucracy more efficient to be valid, ‘however, it must pass the test of good faith, otherwise ‘nis wold ob initio, Pan v. Pena IG.R, No, 174244, Feb, 23,2008). 1 the reorganization is done in good faith, the abolition of pastions. which resuits in lose of security of tenure of affected government employees, would be valid Except these who hold constitutional offices, which provide for special Immunity as regards salary and ‘tenure, no one con be said to have any vested right to. anofficeor salary. es No. or. 28, 20001, The creation of the Truth Commission does not fall within the President's power o reorganize. Section 31 of the Reviged Administrative Cade refers to reduction ‘of personnel consolidation of offices, or aboition thereat by reason of economy or redundancy of fonctions. these refer to situations where a body or an office is already existent -but a modification or atteraion thereof has to be affected. Biraogo v. The i 193 19303, Dec, 7, 20: The wistence of any oF some of the following Circumstances may be considered az evidence of bad @ATENEO LAW SMmoNZes faith in the removals made at 2 resuit of reorganization, ving rise to a claim for reinstatement or reappointment by an aggrieved party: (@) Where there is a significant increase in the umber of positions in the new staffing pattern of the department or agency concerned; (b) Where an offce is abolished and other arforming substantially the same functions Is created: (€) Where incumbents are replaced by those less Qualified in terms of stotus of appointment, periormance and merit; (6) Where there is a reclassification of oifces in the department or agency cencerned and the reclassified offices perform substantially the same function as the original offices; fe) Where the removal volates the order of Separation provided in Section 3 hereof, Cotiengeo. zonal, ‘TOPIC UNDER THE SYLLABUS: 1X, LAW ON PUBLIC OFFICERS L. The Civil Service 2. Scope 2 Appointments to the civil service 3. Personnel actions LL THE CIVIL SERVICE A.SCOPE Chil Service Commission (CSC) - Centra! personnel agency of the government, ‘composition 2. Chairman and 2 commissioners 2 Appointed by the President with consent of the Commission on Appointments for a term of 7 years, without reappointment. All branches, subdivisions, ingtrumentalites, and agencies of the government including GOCC with original charter. ‘Authority of the Civil Service Commission i, limited to raviewing appointments on the basis of tie cli service aw. POLITICAL LAW REVIEWER Page 121 of 214@AtENED LAW % Only allowed to check whether the ‘appointee possesses the appropriate cWv eligibility 0 the required qualifeation. CSC has ne diseretionary Power. Uimaations tothe power to appoint =~ 1. The power does not include authority to make the appointment itself or to rect the appointing authosity to change the employment status of an employee, 2. No authority to revoke appointment simply because irbeieved that another person is better qualified, 3. No power to.psss upon the qualifications or tenure, of the appointing officer or declare the latter's pastion ‘vacant for an act that produced forfeiture of his office. 4 Cannot change the tenure. of office granted to ‘appoirtee such as- where the appointing. authority indicated permanent appointment but CSC approved as ‘temporarysuch appointment. ‘2. APPOBEIMENTS TO THE Civil SERVICE Cesestions Lewes Charactert i. Entrance based on merit and ‘ftness to be deterinined by competitive examinations ‘or based on highly technical qualifications |i. Opportunity for-advancement to bigher career pections H.Security of tenure Levels of Positions 1st level: clerical, trades, crafts and custodial senice postions involving _non-professional/sub- profesional in a non-supe-visory or supervisory ‘Capacity renuiring less than 4 yrs of collegiate studies 2nd levels professional, vechnical and sctentiic. postions i a non-supervisory/supervicory capacity ‘equiting atleast 4 years of college work up to division chief level rd level: career executive service positions 2. Nomeareer Guracteristics: i. Entrance on bases other than those of the usaltest of merit and fitness Tenure which is imited to Period specified by law Coterminous with that of appointing, authority Subject to appointing authority's pleasure POLITICAL LAW REVIEWER speea gue 12 /e Umited to the duration of 9 particular project fi, They, however, enjoy constitutional ‘guarantee that they cannot be, removed ‘except for cause and after due hearing Oppositions to Appointment ‘Any person wha feels aggrieved by the appointment of ‘person may flea protest against the appointment. Causes for protesting appointment 2. Appointee not qualified 2. Appointee ic not the next in-rank 3 In the case_of appointment by transfer, reinstatement, oF by original appointment, that the Protestant is not satisfied with the written special reason(s) glven by the appointing authority ‘Meaning of “For cause” For reasons viich the law and sound public policy recognized 2s sufficient warrant for approval, that is, legal cause, and not merely causes w/c appointing Power in the exercise of discretion may deem sufficient. The cause must relate to and affect the ‘administration of the ofice, and must be restricted to something substantia in nature. Revocation or Recall of Appointment General Rule: Appointment once made Is irrevocable. ‘and not subject to reconsideration. Grounds when CSC has power to recall, on its own initiative, an appointment initially approved: 1. Non-compliance w/ the procedures/crteria provided inthe agency's merit promotional plan. 2. Failure to pass through the agency's selection/promotion board 43. Violation of the’ exsting collective agreement between management: and empleyees relative to promotion 4, Violation of other existing civil service law, rules & regulations ‘3, PERSONNEL PERSONNEL ACTION - any action denoting movement. fr progress of personnel in the civil service. Section 2, Omnibus 7 stad_in_City Mayor Debulzedo w. CSC IG.R, No. ‘111471, September 26, 19941, Includes the following: : |L Appointment through certification 2. Promotion Page 122 of 2143. Trensfer A. Reinstatement 5, Reemployment 6. Detat 7. Reassigament B.Demotion * Ws the C&C which is empowered to look into the vality of ceaton of postions and appointments of personnel appointed by the Mayor which appointments were conlimed by the CSC. There being a. valid appointment confirmed by CSC and the concerned personnel having rendered services, payment of their ‘alas is proper and legal. Tolentino vs_Atty. Roy Loyola {GR No. 253809, Juiv27, 2011], Valid Persamnet actions 1 Extending emporary appointment but, must not amount to removal. 2. Transter or re-assignment ‘hol not involve 2 reduction in rank, status, and selary, without breakin service, 3. Detat ‘Must be made inthe interest of public service, brent showing of manifest abuse or improper motive or purpose: Persannel actions amotinting to removal 11 Shortening term is removal 2. Control doesnot extend te ramoval 3. Dernotion 4. Denia of optional retirement and refusal to reinstate ‘While a temporary transfer oF assignment of personnel is permisle even without the employee's prior conser, it Gannat be done when the transfer is 2 Prefiminary stop toward his temoval, ors @ scheme to Jure him away from his permanent position, or ‘designed toindirectly terminate his service, or force his resignation. Soch a transfer would in effect circumvent the provision which safeguards the tenure of office of those who are in tho Cvil Service, Garcia ve Lejano ¥ cited in Hon, jo 41 Waiver of Security of tonure Acceptance of temporary appointment or assignmert, without reservations, att @ATENEO LAW MINIS M, ACCOUNTABILITY OF PUBLIC OFFICERS 1. Impeachment 2. Ombudsman 2) Funetions b) Judicial review in administrative proceedings ©) Judicial review in penal Proceedings 3. Sandiganbayan 4.Il-gotten wealth 1M, ACCOUNTABILITY OF PUBLIC OFFICERS ALIMPEACHMENT WHO MAY BE IMPEACHED: (VP-S0C) President ‘Supreme Court Justices ‘Constitutional Commission members ‘Ombudsman GROUNDS: cone: Go Bsc 1. GRAFT and corruption OTHER high crimes TREASON BETRAYAL of public trust BRIBERY CCulpabie violation of the CONSTITUTION {tis an EXCLUSIVE UST. Congress cannot add to thelist of impeachable offenses ‘These officers cannot be charged In court with offenses that have removal from office a: penalty. BUT AFTER an official has been impeached, he can be charged with the appropriate offense. Resignation by an impeachable offical does net place him beyond the reach of impeachment proceedings; he can Still be impeached. OTHER PUBLIC OFFICERS AND EMPLOYEES - They mey be removed from office as provided by law but, not by impeachraen. The House of Representatives has exclusive power to ‘TOPIC UNDER THE SYLLABUS: INITIATE all cases of impeachment. 1% LAW ON PUBLIC OFFICERS. PROCEDURE: : POUTICAL LAW REVIEWER Page 123 of 214 iy = nea ae@ATENED LAW spent g489 012 Get 1. "ingot VERIFIED complaint. Can be fled by: 1_Anymember of the House of Representative: 2. Any cizen upon a resolution or endorsement ‘byany Member of the House 3. dy at least 21/3 of all the Members of the ‘Mouse of Representatives NOTE: i the verified complaint or resolution of impeachment was filed by at least 1/3 of all the Members of the House, it shall constitute the ‘ARTIQES OF IMPEACHMENT. Trial in the Senate shall proceed. 2 tachason of compiaint in the ORDER OF BUSINESS with 3D session days 3 REFERRAL to proper. Committee within 3 session doysthereatter 4. Submission of COMMITTEE REPORT to the House tagether with corresponding resolution 5. The report should be submitted within 60. days ‘rom referral, after hearing, and by 3 MAIORITY \VOTE OF ALL TS MEMBERS. 6 CALENDARING of resolution for consideration. by the House 7. Should be done within 10: session days from recepprthereot & Vote of at least 1/3 OF ALL MEMBERS OF THE OUSEnecessary to: Lim a fevorable resolution with the Articles sf impeachment of the Committee or 2 Toowerride ks contrary resolution 9 The one-year period shall be counted from the ‘time of the filing of the first impeachment ‘Compleint. Impeachment proceecings pertain to the proceedings in the: House of Representative ‘which comenences from the initiation of the complaint 9 the referral to proper committees, to ‘sutmsson ofthe report to the House, subsequent 4. Chairmen ahd: members of Constitutional Comenissions, without prejudice to the provisions of the Constitution; and 5. All other national and local officials Gassified as Grade'27'and higher under the ‘Compensation and Position Classification Act of 1989. Ii, Other offenses or felonies whether simple ‘or complexed with other crimes committed by the ‘public officials and employees mentioned in subsection 2 0f this section in relation to their office. li, Civil and criminal cases filed pursuant to ‘and in connection with Executive Order Nos. 1, 2, 14 ‘and 14.4, issued in 1986 Offenses committed in relation to public office 1. Accused is any one of the Public Officers and Employees in Subsection (2) of Section 4 of RA 8249 {See 8.273}, or with salary grade 27 and above 2. Accused commits any other offense/telony, than thote specified in Subsection (a), whether simple of ‘complexed with other crimes 3. The offender commits such other offerse/felony in ‘elation to his office “In relation to hie office” Litcannot exist without the office. or 2. if the office & a constituent element of the crime as defined in the statute, or 3. must be intimately connected with the office of the’ offender Appellate jurisdiction Cases decided by, the RTC filed against lower level pubic officials or those classified as’ Grade 26 and lower, invalving 1. Violations of RA 3019 2 PA1.79 3 Direetiindirect bribery and Corruption of Public officials Ic fs Sendiganbayan whicn nas jurisciction over appeals from criminal cases wheré the accused is » government. employee. Pursuant to RA 8249, the Sandiganbayan shall exercise exclusive appellate jurisdiction over finel Page 129 of 214@ateNeO LAW Jndggnents, resolutions or orders of regional trial courts whether in the exercise of their own original ‘usditvon oF of their appellate jurisiction as herein provided, Edomens v. ts 3, mu While its the Ombudsman who has the full discretion to determine whether or not a criminal case should be flee the Sandiganbayen, once the cose as been filed ‘wih said cour. it's the Sarciganbayan, and no longer the Ombudsman, which has fll control of the case so smuch s0 thatthe Information may not be dismissed swrhouc the approval of said court. In this case, the Sondignboyan, ordered the Specil Prosecuior to. ‘conduct a remvestization and subsequently granted his ‘notion to withdraw the informations, after finding no potable couse against the Iatter on reinvestigation. he Sandigaboyan thus gave Its approval to the wwahdrawal of the informations and orcered the sna ofthe cases. since no appeal was taken by ‘he Specol Prosecutor from the order of dismissal within the plementary period, the sime had become fal and executory. ITY GOVERNMENT OF TUAGUEGARAD v, TING [G.R, Nos. 197435.36, Sept. 14, pul. tmaltcases elevate tothe Sandiganbayan ad from the Sandigankayan tothe Supreme Court, the Office ofthe Crmbedsman, through Rs special prosecutor, shall represent the People of the Philippines, except in cases fied pursiant to Executive Order Nos. 2,2, 4 and 14- ‘AA private complainant in a criminal case before the Sanaiganboyn is allowed to appeal only the cl aspect ofthe crmina case after its dsmissal by said cour. (19083536, Seot.14, 20111, ‘The special cil action of certiorari is not the proper remedy to challenge a judement conviction rendered boy the 3B. Petitioner should have filed a petition for review on certiorari under Rule 45. Pursuant to Section 7 of Presidential Decree No. 1606,17 as ‘amended by Republic Act No. 8249, decisions and final orders of the Sandiganbayan shall be appeatable to the Supreme Court by petition for review on certiorari raising pure questions of law in accordance with Rule 45 of the Rules of Court is No. 1850 samany25 202) am. TH SPERM uD MID/aS et ‘The right of the State to recover properties uniawfully, ‘acquired by public officials and employees from them. fr from their nominees or transferees chall NOT GE BARRED by prescription, laches or estoppel. However, their ight to prosecute criminally these officials and ‘employees may prescribe. Section 26, Article 18of the Constitution states that an ‘order of sequestration may only issue upon 2 showing of a prima facie cate that the properties are illgotten ‘wealth under Executive Orders 1 and 2. When a court rullifes an order of sequestration for having been ‘issued without 2 prima facie case, the Court does not substitute its judgment for that ofthe PCGS but simply applies the law. Republic of the Philippines _v. ‘Sandiganbayan and Imel6a Marcos, [GIR No. 155832, ‘Dos. 7,20101. In cases involving violations of R.A. No. 3019 committed, prior to the Febniary 3986 EDSA Revolution that ousted President Ferdinand €. Marcos, the prescriptive period should be computed from the discovery of the ‘comission thereof and not from the day of such commission. Salvador v. Mapa, [GR No. 135080, Nov. 28,2007), In order tohold a person lable under Section 3fe) of RA 3019, the following elements must concur: (1) the accused must he 2 public officer discharging administrative, judicial or official functions; (2) he must have acted with manifest partiaity, evident bad faith or 103s inexcusable negligence; and (3) hs action caused any undue injury to any party, including the government, or gave any private party unwarranted Denefts, advantage or preference in the discharge of his functions. Ambil_v. Sandigenbovon[G.R. No. ‘175482 & 175457, July 6, 20011, Section 3 of the Rules of PCOGG requires that at least 2 compissioners must isue a wit of sequestration or freeze order. It is already settled that sequestration, due to its tendency to impede or limit the exercise of Proprietary tights by private citiens, is construed strictly against the State, conformably with the legal maxima that statutes in derogation of common. ti are generally stricly construed and rigidly confined to. the cases clearly within their scope and purpose. 2.20111, The scope of immunity that the Presidential ‘Commission on Good Government (PCGG) may offer to, witnesses may vary. It has discretion to grant approariate levels of criminal immunity depending on POUTICAL LAW REVIEWER Page 130 of 214the stuation of the witness and his relative importance two the prosecution of illkgotten wealth cases. The Immunity from criminal oF civil prosecution covers imemaity from giving evidence in 2 case before a court of law. because in realty the guarantee given to 2 wives apiast being competied to testy constitutes 2 ‘grant of immenity from civil or criminal prosecution. * n 16.8, Members of Constitutional Commissions. 7. Ombudsman 8 Aay firm oF entity in which they have controlling ‘nnerect [NOTE: The profibition applies during thelr TENURE ‘Scope of Prohiition: LGamnot obtain, directly or indirectly for BUSINESS PURPOSES: 1. toons 2 Guprantees 3. Other forms of financial accormmodstion from ‘S0CC banks or financal institutions. 2. the ban etc, is NOT for business purpose, the ‘rehibtion does not apply. 2g showsing loan (Curactestsis ofa Behest Loan: UBE CU2PS 1 his Under colsteralized 2.TheBoower corporation is undeicapitalited; 3. Director indirect Endorsement by high government offic ike presence of marginal notes; 4. Suctholers, officers or agents of the borrower ‘corporation are identified as Cronies; ‘5. Desistion of Use of loan proceeds from the purpose intended: 6.Useof corporate layering: 7. Mon feasbilty of the Project for which financing is ‘being sought; and . Exvaontinary Speed in which the loan release yas made. ‘STATEMENTS OF ASSETS, LIABILITIES AND NET WORTH su — @ArTENED LAW seNan7nizieet COVERAGE: (VAFOS-C}) ; President Vice-President Mombers of the Cabinet ‘Members of Congress Justices ofthe Supreme Court Members of Consttional Commissions Other constutional ofices Officers of the armed forces with genera or flog rank PN OCR wEe Public officer and employee shall submit a declaration under oath of his assets, abilities and net worth UPON "ASSUMPTION and as often as REQUIRED under the law. Nowhere in RA 6713 docs it say that the Review ond Compliance Procedure is a prerequisite to the filing of ‘administrative charges for false declarations oF conealments in one's SAIN, Presidential Anti-Graft ‘Gommission (PAGC) and the Office of the President v, Sabador A i: March 23,20 Section 10 of R.A. 6713 provides that when the head of office finds the SAIN of a subordinate incomplete or ‘notin the proper form such head of office must cal the subordinate’s attention to such omission and give him ‘the chance to rectfy he same. However, THERE IS NO right to notice regarding errors in his SALNs and to be told to correct the same. The notice and correction referred toin Section 10 are intended merely to ensure that SALNs are “submitted on time, are complete, and ‘are in proper form.” These refer to formal defects in the SALNs and do not include charaes for falsification of the assets Side of one’s SALNS and for dectaring a false niet worth— these ore substantive, not formal defects. Carabeo v, Sandiranbavan [GR No. 190580-81, Feb. 24201) The requirement Mile the SSAL must not be treated as. 2 simple and trivial coutine, but se an obligation that ic Dart and parcel of every civil servant's duty to the Deople. It Serves as the basis of the government and the people in monitoring the income and ifertyle of officals and employees _in the government in compliance withthe Constlutional policy to eradicate corruption, promote transparency in government, and ensure thet all government employees and officals lead just and modest ives. Ii fortis reason thatthe SSAL must be sworn to and & made accessible tothe iblic, subject to reasonable administrative regulations. Flores _v, Montemayor IG.R. No. rons POUTICALLAW REVIEWER Page 131 of 214@ATENED LAW seeuewrnizeet Prohibition in Section 7{d} of RA 6713's malum Drohisinm. is the commission of that act as defined by the aw, and not the character or effect thereof, that seterines whether or not the provision has been Violted. Therefore, it is immaterial whether respondent has fully paid her loans since the law Prehibts the mere act of soliciting 2 loan under the ‘Greumstances provided in Section 7(d) of RA. No. 6713. Martinez v. Villanueva [G.R. No. 269196/6.2. ‘No, 165188, juh 6, 20111 ‘TOPIC UNDER THE SYLLABUS: ‘1% LAW ON PUBLIC OFFICERS Term Limits ‘2 period fied by the Const. | the period during w/e the ‘or by law, during w/c an | incumbent actualy holds officer or employee claims | the office, w/e may be rohol office as of right nd fines the interval after wicthe several Incumbents shallsucceed ‘one another. shorter than the term. nds of Terms 2. Express fied in the Constitution/Low . During good behavior until reaching retirement © Indefinite - terminates at the pleasure of the appointing authority Termes of Office a. President - years, without re-election Vice president ~6 years, with re-election. succeeds ‘to the President, he shall not be qualified for election tthe some office if he served a5 such successor for rmorethan 4 years. Senators—6 years, with 1 re-election, Members of the House of Representatives ~ 3 years ‘with re-election for 2 addktional terms. € local deaive officials ~ 3 years, with re-election for 2 ‘ational terms. £. bormmgay offkials and) members of the sengguniang etotoen—3 years L._The concept of holdover when applied to a public officer implies that the office hat a fied term and the incumbent is holding onto the succeeding term, itis usually proviled by low that officers elected or appointed-for a fixed term shall remain in office not ‘only for that term but until their successors nave been POUTICAL LAW REVIEWER lected and qualified. Where this previcion ic found, the office does not become vacant upon the expiration of the term if there is no successor elected and Qualified to assume it, but the present incumbent will carry over until his successor is elected and qualified, even though it be beyond the term fixed by law Lecatos v. Sandiganbayan [G.R; No, 130872, March 25, 1999). 2. Voluntary renunciation, while involving loss of office and the total incapacity to render service, is disallowed by the Constitution as an effective interruption of a term. it is therefore not allowed as 2 mode of circurmventing the three-term limit rule. Preventive suspension, by its nature, does not involve an effective interruption of a term and should therefore not be = teason to avoid the three-term limitation. Aldovino v. « ISR. No. 23,2008), END OF DISCUSSION ON TOPIC 1X. LAW ON PUBLIC OFFICERS X. ADMINISTRATIVE LAW ‘TOPICS UNDER THE SYLLABUS General principles B. Administrative agencies 1. Definition 2. Manner of creation 3. Kinds G Powers of administrative agencies 2. Quasitegistative’ (rule. making) power a) Kinds of administrative rules and regulations b) Requisites for validity 2, Quasi-judicial (adjudicatory) power . a) Administrative due process b) Administrative appeal and review ¢) Administrative res judicata 3. Fact-finding, investigative, licensing and rate-fixing powers D. Judicial recourse and review Page 132 of 2142 Doctrine of primary administrative Jerstiction 2 Doctrine of exhaustion of ‘administrative remedies 3. Doctrine of finality of administrative axtion ‘TOPIC UNDER THE SYLLABUS: X. ADMINISTRATIVE LAW. A. General Principles ‘A. GENERAL PRINCIPLES ‘Administrative Law - part of public law which fixes the ‘rganizaton and cetermines the competence of ‘administrate authorities and indicates to the individuals remedies for the violation of his rights rnin lew 1. FOES the administrative organization and struchuecf the government. 2. BXEQMIES OR ENFORCES that which is entrusted to administrative authorities (all those public officers and organs of the government charged ‘with amplification, application, ang execution of them. 3. GOVERNS public officers (CREATES administrative agoncios 5. PROVIDES the remedies to those éniisrative charges 9. Padhockine of fithy restaurants/ theaters showing obscene movies yewne ‘Elements of Right to Hearing CoudecPexE 1. Preseat his case or defense, and submit his evidence, ord or documentary, in support thereof; 2. Know the dims of the opposing party and to meet the otherparty: 3, Cross-examine witnesses for @ full disclosure of the fas: and 4, Submit rebuttal evidenes ‘By government officals, which may be held in private are informal proceedings to obtain information to govern future actions, have NO. parties, and are NOT Proceedings in which action is taken against ‘There are parties and issues of aw and of fact to be tried and atthe conclusion of the hearing, ‘action is taken which may affect the parties’ rights and parties are entitied to be present in person and anyone. by counsel, participate in the hearing, and entited to be furnished a record of the proceedings. NoTEs: The filing of formal charges against the respondents without complying with the mandated preliminary Investigation (provided by law) or at least giving the respondents the opportunity to comment violated their right to due process. Accordingly, the formal charges are void 2b Initio and may be assailed directly or indirecty at anytime. Garcia v. Moline [G.R. No, R v2 18, 2010} AA formal charge is a written specification of the charges) against an employee. While itz form may vary, it generally embodies a brief statement of the ‘material end relevant facts constituting the basis of the charge(s); a directive for the employee to answer the charge(s) in writing and under oath, accompanied by higfher evidence; and advice for the employee to Indicate in his/her answer whether he/she elects a formal investigation; and a notice that he/she may secure the assistance of a counsel of his/her own choice. PAGCOR v. CA _[G.R, Ne. 185665 December 13, 2013] ‘The cardinal precept is that where theres a violation of basic constitutional rights, courts are ousted from their jurisdiction, The violation of a party's right to due process raites 2 serious jurisdictional issue which ‘cannot be glossed over or disregarded at will. This rule is equally true in quasijuicia) and eorministratve proceedings. Garcia v, Molina [G.8. No, 157383/G.R. ‘No. 178137, August 18,2010), In administratwe cases, the requisite proof is substantial evidenes; that i, the arrourt of relevent evidence which a reasonable mind might accept. as POLITICALLAW REVIEWER Page 140 of 214adequate to justly 2 conclusion. In this case, substantial evidence consisted of the uniform findiigs of the Department’ of Environment and Natural ‘Resources, the Deputy Ombudsman for Luzon and the ‘Court of Appeals that pettioner cennived with his co ‘defendants to destroy the improvements introduced by respondent on the subject property so they could ‘constrect their own cottages thereon__Bien v. Bo GR. Neo, 172333, August 3, 2010) in administrative proceedings, the quantum ‘of proof necessary forafincing of guit is substantial evidence or such evidence a5 a reascnable mind: may accept as ‘adequate te support a contusion, The complainant has the burden of proving by substantial evidence the alegators. in the complaint. Concerned Ctizen_v, ‘Diino IAM. No. P.07 2360 [Formerly OCA IPLNo, 06- 2 16, 20111, RULES ON ADJUDICATION (Book Vi, 1987 Administrative Code) 1. Compromise and Arbitration. every agency shall, in te public interest, encourage amicable ‘settlement, compromise and arbitration. 2. AL panties shall be entitled to notice and hearing: the eatice shal be served AT LEAST 5 DAYS before ‘the date of hearing and shall tate the DATE, TIME, ‘and PLACE of the hearing, 3. Panties shall be given opportunity to present cevidence and argumen on ALL issues, 4. Raleson Evideneo- May admit evidence commonly ‘accepted by reasonably prudent men, S.Rightrocros: examine witnesses. 6 Agency may make judicial notice to any technica} for xientific fects wihin in is specialized Inondedge. 7. The ancy shall have the power to require the attendance of witnesses or the production of books. papers, documents and other pertinent data; may iovoke the aid of the RTC within whose Juwisciction the Contested cate falls. 8 Decision every decision rendered by the agency in 2 contested case shall be in WRITING and shall stake dearly anc distinctly the farts and the law on ‘which is besed; shall decide WITHIN 30 DAYS fallowing the submission 9. Finalty of Order- decision shall be final ana ‘erenutory 15 DAYS after the reccipt of 2 copy thereat 10. Publication and Compilation of decisions- Every ‘agency shall publish and make available for public inspeaton at decisions anc final orders. It shall be POLITICAL LAW REVIEWER @ATENEO LAW seeuaurnizaes the duty ofthe RECORDS OFFICER of the agency to prepare a register or compilation of those decisions or final orders. ‘Administrative Appeal and Review ‘Appeal. an appeal trom 2 final decision of the agency ‘may be takon to the DEPARTMENT HEAD. Perfection of Adminictrative Appeols- Appeals shall be. perfected within 15 DAYS after the receipt of a copy of the decision complained of by the party adversely affected. Effect The appeat shall stay the dacision appealed from ifthe appellate agency does NOT direct otherwise. ‘Action on Appeat- The appellate agency may review record and receive additional evidences. Finality of Decision of Appellate Agency- becomes final 15 DAYS after receipt of the decision by the parties. Judicial Review- Agency decisions shall be subject to judicial review. The action may be brought against the AGENCY, Its OFFICERS, and ALL INDISPENSABLE AND NECESSARY PARTIES. ‘+The appeat shall be perfected by filing with the agency within 15 DAYS from receipt of copy; copies shall be served upon the agency and Atl parties of records, ‘+ A petition for review shall be perfected within 35 DAYS from receipt of the final ‘administrative decision; 1 ME may be aliowed. ‘Types of Administrative Appeal And Review 1. That which inheres in the relation’ of Polat parties Neue Lawl Expenditures 1. Traveling expenses 2 Compensation of campeigners, cles, lenogrophers, messengers and other persone actualy employed in the canpaign @areneo LAW seo s 3. Telegraph and telephone tols, postage, freight and express delivery charges 4 Stationary, printing and distribution of printed matters relative to candidacy Employment of watchers at the polls Rent, mainterance and furnishing of campaign HQ, office, or place of meetings Political meetings and ralies Advertisements Employment of counsel . Printing sample ballots - Copying and classifying list of voters, investigating, and challenging the right to vate of persons registered In the lists on NOTE: The cost of (8) (10) (11) shall net be taken into account in determining the amount of expenses which ‘candidate or politcal party may have incurred. S.STATEMENT OF CONTRIBUTIONS AND EXPENSES Every candidete and teeasuree of the pobtical ‘arty shat, within thirty (30) days after the day of the lection, file in duplicate with te offes of the Commission the full true and itemized statement of all contributions and expenditures in connection with the election ‘No person elected to any public office shall enter upon the duties of his office until he has filed the statement (f contributions and expenditures herein required. “The same prohibition shall epply if the political party ‘which nominated the winning candidate fails to file the statement required herein within the period prescribed by this act. ‘TOPIC UNDER THE SYLLABUS: XL, ELECTION LAW HH. BOARD OF ELECTION INSPECTORS AND BOARD OF CANVASSERS 1. Composition 2. Powers H, BOARD OF ELECTION INSPECTORS AND BOARD OF CANVASSERS |. BOARD OF CANVASSERS COMPOSITION 2. POWERS POLITICAL LAW REVIEWER Page 160 of 214 eeProvincial ‘& Pronincial election superviser or fawyer in the regional office of the COMELEC (chair) bh Prowincal fiscal vice) © Provincial superintendent of schools {member} 4. substitute members (in order) i, Provincial auditor Register of Deeds il, Clerk of Court nominated by eeaitive judge iv. Other available appointive ‘provincial officer 2.0: ‘& Giy election supervisor or lawyer of COMELEC (chair) cay fiscal (vice) © Gaysuperintendent of schools (member) 4 Sabsttute members ~ samo as provincial Municipal & Hlection regictrar or COMELEC ‘representative (char) be Municipal treasurer (vice) © Most senior district schoo! supervisor (momber) Orprincipal ofthe school, if absent Substitute members: Municipal administrator li, Municipal assessor Glerk of Court nominated by erenutive juoge iv. Other avaiable appointive ‘municipal officers Board of Camassers for President ond Vice-President: Congress wo determine the authenticity and due excaxtion of certificates of canvass. Must prove: 1, Each certiicate of canvass was executed, signed, thumbmerked by the Cheir and transmitted to Congress 2. Cech cesticate contains the names of all candidates ‘and votes in words and figures 3. No etscrepancy inauthentic copies Board of Canvassers for Senators: COMELEC en bane, ‘and not te provincial board. Duty of Booed of Canvassers: Purely miisteia: to compile and add results as pearing inthe results transmitted tot Grounds ToChallenge An Megel Voter: 1. Notrepistered 2. Using thenare of another ATENEO LAW. SORMM7nID(Q 3. Suffering from enisting disqualification GENERAL RULE: No voter shall be required to present his vaters affidavit on election day. EXCEPTION: Hs identity is challenged. NOTE: Feilure to produce voter's affidavit shall not preclude him from voting if: 2. His identity be shown from the photogreph. fingerprints or specimen signatures in his approved application in the book of voters 2. Heis identified under oath by a member of the BEI and. such identification shall be reflected in the ‘minutes of the board Grounds To Challenge Based On tlegal Acts: 2. Vote buying 2. Vote selling 3. Vote batting NOTE: The challenged person sholl take » prescribed ‘ath before the BEI that he has not committed any of ‘tho arts alleged in the challenge, after which he will be allowed to vote, Buildings Not Valid As A Polling Place: 4. Public or private bulling owned, leased of ‘occupied by any candidate of any person who is ‘elated to any candidate within the 4" civil degree Cf consanguinity or affinity, or any officer of the overnment or leader of any political party 2. _ Building or surrounding premises under the actual control of private entity ‘Those located within the perimeter of or inside a military or police camp or reservation or within a prison compound NOTE: Where ro suitable public building ie available, Private schoo! buildings may be used as poling places. ‘Transfer of Venue Of Counting: 1. Imminent threat of violence 2. Nearest Schoo! 3. Unanimous vote of Board of inspectors 4. Majority of Watchers Foilure to comply with requisites results in follure of elections ‘GENERAL RULE: Voting by proxy is nct allowed EXCEPTIONS: 1. tlterace 2. Handicapped POLITICALLAW REVIEWER Page 161 of 214GENERAL RULE: No ballots other than official ballots stall be used or counted Exrernows: 4. Faitoretw receive the official ballots on time 2. There are no. sufficient ballots for all registered voters 3. The offkil ballots are destroyed at such time as. ‘Shall render it impossible to provide other official allots NOTE: in the given abovementioned exceptions, the remedy is to use emergency ballots to be provided by the Gtyor municipal treaturer. Features of Canvassing: ‘The Board of Carvassers (BOO) is 2 collegial body. TheBOC eercises ministerial duty. : The BOC exercises quasi-judicial functions. Proceedings before BOC are summary “The BO convenes at Gam. ‘Canvassing shall be in public Proceedings are ‘continuous from day to day, ‘without interruption except to adjourn. No pofice, ermy or security officer allowed within 50 meters from canvassing room unless called in ‘writing by the BOC to stay outside the room, 9. Alter procamation, BOC becomes functus officio. NOTE: The proviso designating Smartmatic as the joint venture parmer in charge of the technical aspect of the ‘counting and canvassing wares does not transiate to ceding contzol of the electorel process to Smartmatic. A. No, 1984 smber 10, 20088 Nomewee ® ‘TOPIC UNDER THE SYLLABUS: ML BECHONLAW 1, REMEDIES AND JURISDICTION IN ELECTION ww 1. Petition not to give due course to ‘certificate of candidacy 2 Petition to declare failure of elections ‘3. Pre_proclamation controversy 4 Bection protest 5. Quo warranto @atENeEO LAW SPER aH ZS |. REMEDIES AND JURISDICTION IN ELECTION LAW ‘PETITION 11 FoR ICATION- COMELEC may MOTU PROPIO or ‘upon VERIFIED RETITION of any interested party refuse to give due course or cancel aCOC when: 1. The COC has been filed to put the election process in mockery or disrepute 2. Causes confusion among the voters by the similarity of the names of the registered candidates 3. Other circumstances which clearly demonstrate that the candidate hes no bone fid run for the office PEs cou Premised on Section 12 or | Grounded.on a statement 658 of the Omnibus of a material Election Code, or Section | representation in the said 40 of the Local certificate that i flee, Government Code 7 person wh “The person whose, ‘isqueliied under Section | certificate is cancelled or 68ismerely prohibitedto | denied due course under continue asa candidate. | Section 7Bis nottreated as a candidate ata, as if he/she never filed a CoC. ‘Thus, a candidate who's | A person whose CoC has ‘avalfied under Section | been denied due course or 68 canvalidiy be cancelled under Section 72 substituted under Section | cannot be substituted TTofthe OEC because | because he/she ie never he/she remains a considered a candidate. candidate unt ‘disqualified. Ean NT) (oot aae aon erase (BEFORE ELECTIONS t ne SULTS) 1. maybe brought on the basls of two grounds (2) 1 the qualifications for lective office are rriscepresented inthe | ineligiilty or (2) disloyalty Certificate of candidacy __} tothe Republic of the 2.the proceedings must be | Philippines Initiated before the | 2-must be inkiates within elections. ten deys after the proclamation of the election results, 3. candidate is ineligible | it heis disqualified to be l elecied to offce, and he: a Ee eee POUTICALLAW REVIEWER Page 162 of 24 eeATENED LAW disqualified Fhelacks any of the qualification for elective office, Note: ‘A petition seeking to cancel a COC on the ground of false representation should have been filed within ‘wempfive (25) days from the filing of the COC, Pursuant to Section 78 of the OFC. ‘A COMELEC ‘resolution declaring a candidate amused forthe seid postion fs not yet final f 2 ‘motion for reconsideration has been timely fled. At that point be still remains qualifed and his rodamation thereafter i valid. As 9 result, COMELEC's jursdion 10 contest his eizenship ends, and the WRETSomn juisdiction begins. Gonzales v, COMELEC {GR no. 150856, March 08,2011! A party aggrieved by an interlocutory order issued by @ isin of the Commission on Elections (COMELEC) in ‘2n election protest may not directly assal the order in this Court through a special civil action for certiorari ‘The remedy is to seek the review of the interlocutory ‘order hing the appeal of the decision of the Division in due course. The cour: may have the power to review any decison, order or ruling of the COMELEG, fimits such power 10 3 final decisian or resolution of the COMELEC en bene, and does not extend to an interlocutory order issued by 2 Division of the CCOMELEC. Otherwise stated, the Court has no power to review on certiorari an interlocutory order or even a ‘nal resolution issued by a Division of the COMELEC. Where the Commission in division committed grave abuse of discretion oF acted without or in excess of justin i issuing interlocutory orders relative to an action pending before it and the controversy did not fall under any ofthe instances mentioned in Section 2; Rule3of the COMELEC Rules of Procedure, the remedy of te agpiewed party is not to refer the controversy to the Commission en banc as this is not permissible under present rules but to elevate it to this Court via « petition for certiorarl under ule 65 of the Rules of Count wv IG.R. No, 394: ainany26, 2012), 2PETMON TO DECLARE FAILURE OF ELECTIONS ‘There & 3 FAURE TO FLECT when nobody con be dedared as a wirner because the will of the majority has been defied and cannot be ascertained. Declared by the COMELEC en banc. NTRAL eptah g429 1.2 Ee When Failure of Elections May Be Declared [SNR 1. Election was SUSPENDED before the HOUR fixed bby law for the CLOSING of the voting (3 P.M.) 2. Election in any polling piace was NOT HELD on the date fixed Elections RESULTS in a failure to elect [after the voting and during the preparation and transmission of the election returns or in the ‘cstody or canvass thereof) Usual Grounds: 1. Force majeure 2 Violence 3. Terrorisin 4. 0:8 or destruction of election paraphernalia ‘5. Analogous creumstances, ‘Conditions to Annul An Election [WIG]: 1. WINNER cannot be determined 2. ILLEGALITY must affect more than S0% of the votes, cast é 3. GOOD VOTES cannot be distinguished from the bad votes 1. Forcemajeure 2.Violenco 3.Terrorism 4.1055 OR DESTRUCTION OF ELECTION PARAPHERNALIA, ‘Grounds may occur ‘anytime BEFORE PROCLAMATION. 1. Verified petition Require. | by any any interested ments | interested person (may not erson OR mow | bedonemotu ‘propio by propio) COMELECen | 2. Due notice bane 3. Hearing, 2, Duenotice 3. Hearing POLITICAL LAW REVIEWER oo acl Page 163 of 214PREPROGAMATION CONTROVERSY - Any question pertaining to of affecting the proceedings of the Board. 9f Canvassers which may De raised by any candidate or registered politcal party, or coalition. Grounds in Pre Proclamation Controversies: 1. egal eoreposition or proceedings ofthe board of cases 4. Ried wih the BOC or with COMELEC 3. wanio 3 days from alin (f based onilogal proceeding!) or'9s soon es the Board begins wact 2 reguetes. in relation to the. preparation ‘transmission, receipt, custody, and appreciation of fection retuins and certifcates of canvass: 2 Bare delayed, lost or destroyed 1b. material defects in the ERs & BReappear to be tampered with or falsified 4 Diszesancies inthe ERs 3. Gamasned returrs are incomplete, contain material efects a. Ensare d.ayed, lost, destroyed We this case, the Board can use any of the ent apes ~OF terminate canvass ifthe missing returns wil otaffet the results anyway ising requisites = Booed calls for members of the BEL 10 Conplete or correct the return. DONT EXCLUDE, if cowectable 4. ERs ae tampered, falfiog, altered after these et thenands of 8, not authentic, prepared under res fre, irtimidation, ete “Resto other ERs = Wall are tempered, can have ballot boxes reopened and counted 4 Disaepences in other authentic copies of the ‘candidate in words/iigures ~ and these would affect results of the election + Order opening of ballot boxes for recount 4. ERS prepared under duress, threots, coeicion, Intimidation, obviously manufactured “obviously manufactured” - According to the SC, when It follows the doctrine of statistical improbabilities (‘Statistically improbable cata") 5. Substitute or fraudulent returns in controverted polling places are canvassed, and the results materially affect the standing of candidates NOTE: Grounds for pre-prociamation controversies are EXCLUSIVE, \NOTE: FOR NATIONAL OFFICIALS, the ONLY GROUNDS AVAILABLE ARE: aLlegal composition or proceedings of the board of canvassers 2.Manifest Errors © Matters regording the preparation, transmission, receipt, custody, and appreciation election returns shall be brought, inthe first instance, before the boards of ,canvassers, not the | COMELEC. ‘COMELEC [504 ‘GENERAL RULE: COMELEC cannot go behind the face of an election return. it is beyond the jurisdiction of COMELEC to go beyond the face of the retuéns or estigate election irregularities. EXCEFTION: When there is prima facie showing that the ER is not genuine, ,g. AS when Several entries have been omittad. Lees, COMELEC [405 SCRA 363] Grounds For Material Defects: 1. Omission of name of candidates 2. Omission of votes for candidates Pa EEN FAL eas vee BOC needs authority BOC needs no prior from COMELEC to pet Permission from the copies of the other ERs | COMELEC to get copies of he other ERs Juriedition: 2. Contested composition/ proceedings of the board May be initiated in the Board of carwassers or retums or Giserepancies in the votes of any ea POLTICALIAW REVIEWER Page 164 of 2142 Gontested ERs - Should be brought in the 1" {astance before the board of carwasters only (GENEL RULE: When the Electoral Tribunal obtsins jersdcton, it precludes the COMELEC fom exercising powers ovr pre proclamstion controversies. Exceptions: +L.BOC was improperly constituted 2. Prodamation was null and void 3. Quo warrantoisnot the proper remedy %. What was fled wes a petition to annul 2 prodamation, and not Que Warranto or Election Protest 5. Election contest expressly made without prejudice to PPCorit wasmmade ad cautelam (cautionary) 'n eens its powers and jurisdiction, as defined by its mandate to protec: the integrity of elections, the COMELEC “must not be stratjacketed by procedural rules im resolving election disputes.” Violazo_v, No, 194143. Octobor 4, 2024] ‘TWO OBIECTION RULE - Submit oral objection and ‘written objection SIMULTANEOUSLY to BOC. cchsirperson before ERs havé been canvassed, There is SUBSTANTIAL COMPLIANCE even ifthe oral objection is fled fit, then the written objection with evidence is submited within 24 hours, HOWEVER, in ‘the Court held that there is sutstantil compliance if despite the absence of a written adjection, an offer of cevidesce is made within the 24-nour period. Summary Mature: 4 1. Preprodamation controver ‘summarily by the COMELEC. 2 ts decison shall be executory after 5 days from receint by the losing party of the decision, unless restrained by the SC shal be heard GENERAL RULE: Pre-prociamation cases are deemed tenrinated: 1. Atthe beginning of the term of the office involved and the rulings of the BOC concerned deemed irmed, 2. This 8 without prejudice to the filing of a regular ‘lection protest by the aggrieved perty. EXCEPHONS: Proceecings may continue If 1. COMAEC determine: that the petition is ‘meritorious and issues an order for the proceedings to continue 2. The SC issues:an order for the proceedings to continue in a petition for certiorart Note: ‘A proclamation made pending the appeal of the ruling Of the board of canvassers or when the COMELEC has S yet to resolve the petition for special election (in brecincts where no elections were conducted) is void. ‘Note that this rule applies only where the objection deals witha pre proclamction controversy. But the remedy of filing pre-proclamation case is stl available after proclamation if the proclamation should, have been suspended because of contested election retums dainal (537 SCRA790)., Grounds For Recount: 1. Material defects in the ERs 2, ERs are tampered or falsified 3, Discrepanciesin the ERs When Recount it Possible: 2. COMELEC order BeIto conduct recount 2. Integrity ane identity of ballot box s not violated 3. BEI ascertains that integrity of ballots in box preserved : 4. BEI recounts and complete/correct returns Note: In regular election contests, the general averment of fraud or irregularities in the counting of Votes justiies the examination of the ballots and Tecounting of votes. This process of examination fz the sevision of the ballots pursuant to Section 6, Rule 20 of ‘the 1993 COMELEC Rules of Procedure. The protests involved herein assaled the authenticty ofthe election retums and the veracity of the counting of the ballots, In that regard, the ballots themselves are the best evidence. The only means to overcome the [resumption of legitimacy of the election raturns is to xamine end determine first whether the ballot boxes rave been substantially preserved in the manner ‘mandated by law. Hence, the necessity to issue the ‘order of revision. (The COMELEC did not commit grave ‘Vbuse of discretion when it order the revision of 44 ballots with the Senote Electoral Tribunal without frst resolving whether 16 of those 44 bolts should be ‘included In the revision}. [G.R, Nos. 187958, 6.2. No, 187961 & 1679 io. 187956, GR. No, 187967 & 187968, April 7, 20201, STATISTICALLY IMPROBABLE DATA, 2 11. Uniformity of tally in favor of candidates belonging to Lparty POUMICAL LAW REVIEWER Sa EEN de ae Page 165 of 214 ———@ateneo Law 2. Systematic blanking out of candidates belonging to another party. GEMERAL RULE: Pro-proclomation cases are NOT ‘allowed in dections for the President. Vice President, Senator and members ofthe House of Representatives: EXCEPTION: 1. Manifest Errors in the ERs or COCs may be ‘corrected motu propio oF upon written complaint ef any interested person. 2 Questions affecting the composition or proceedings of the board of canvassers may bbe initiated in the board or directly with the Commission in accordance with Section 19 (RA 768), MavOrEST ERRORS: 1. Mistatein adding 2., Mistake in copying of figures from ER or Statement of Votes 3. Es fomnon-existent precinct canvassed 4. Copy ef ERtabulated more than twice 5. Zor mare copies of ER and. COC in 1 precinct courted seperately nore: 1. The grounds for manifest erors are inclusive 2. The towable margin of errors 60% 3. _Raupends the running of the period within which 1 He a election protest or quo worranto proceeding. 4. Notuitistanding the pendency of any _pre- ‘prodamation controversy, the Commission may ‘summarily order the proclamation of other ‘wimning candidates whose election will nat be ‘atfeated by the outcome of the controversy. 5. Anaepiewed party may file a petition for certiorari ‘with the COMELEC whenever a judge hearing an ection case has acted without oF in excess of his juwisdcion or with grave abuse of discretion and there is no appeal, nor any plain, speedy, and PEN HOODS Withdrawal of nomination and substitution by another norrinee & neither an election protest nor an action for {quo warranto. Petitioner correctly brought before the Supreme Court this special dit action for certiorati under Section 7 of Article IX-A of the 1987 Constitution, notwithstanding the proctamation of, and assumption, of office by, the substitute nominee. Lokin, Jt ve SOMELECIG.R. Nos, 179431-32/G.R, No, 180483, June 22,2001, Ieisa contest between the winning candidate and the defeated condidate contest. tisa proceeding to unseat an ineligible person from ‘GROUNDS: 4. lection fraud 2. regularities inthe casting and counting oF votes or in the 1 Disoyalty 2. neg COMELEC Jurisdiction Over Election Contests: 1. ORIGINAL Jurisdiction over contests relating to elections, returns, and qualifications ofall elective: 4. Regional 2. Provincial 3. City officials 2. APPELLATE Jurisdiction over contests involving 1. Elective Municipal officials decided by tral ‘adequate remedy in the ordinary course of law. ‘courts of GENERAL jurisdiction setues [Gu 2 2 Elective Barangay officials decided by trial ‘courts of LIMITED jurisdiction 3. COMELEC may issue extraordinary writs of LECCE CONTESTS certiorari, prohi KANDS OF RECTION CONTESTS: 1. Flection Protest 2 @vowarranto ‘OBJECT: To dislodge the winning candidate from office ‘and determine the true winner. POUTICALLAW REVIEWER Page 166 of 214 a@ATENEO LAW 1. Only real parties in interest can file and pursue ection protests. (NOTE: A veal party in interest i the party who would be benefited or inured by the judgment and the party who is entitled to the avails of the suit. eg. candidate ‘ofthe same position 2. Evenifit was the 2” placer who flled the election robes, the 3" placer may stil possibly win, NOTE: inthe case of presidential protest cases, only ‘two persons, the 2° and 3" placers, may contest the ection. L-Arrovo [PET Care No, 003 ‘March 28,2005). “ ST ‘equises For An Election Protest 1 Fledby candidate who has fled @ COC and has been voted upon ior the same office ‘Special rule for PET: Only the 2nd or 3rd. placer may fle the protest 2. Fled within 10 cays from proclamation cf results ‘Period to file €P is suspended during endency of PPC. BA counter-protest must also comply with, the eglemestary period 3.On grounds of ‘a election fraud/terrorism, and 1 regularities or illegab acts before, during, ‘or aftr casting and courting of votes Additional Requirements: 1. Payment of docket fee Fallre to pay is ground to dismiss the case Exception: estoppel by the other party, by ‘ising Ro fate 2. Cestiieate of Non-Forurn Shopping Grounds For Bection Protest: 1 Misappreciation 2 Violence 3. bntiidation 4 Nopadlock 5S. Padding of votes spema gue O17 (ese House of Representatives Electoral Jurisdiction Over Eletion Contests ‘The House of Representatives has the jurisdiction to question the qualification of the nominees of partyst ‘organizations. Although party lst organizations are voted for inthe elections, stil it ls not the organizations which sit and become members of the House of Representatives but thelr nominees. Under Section 5, ‘Article MI of the Constitution, there are two kinds of members of the House: those who are elected from legislative diticts and those who are elected under the pactyist system, Also, the Party List Act itself Fecognizes party-st nominees as members of the House under “Declaration of Policy’ in Section 2. ‘Subsequently, Section 17, Article VI ofthe Constitution Drovides that the HRET shall be the sole Judge of all contests relating, among others, to the quaifcations of the members of the House. Thus, since party lst nominees are considered as “elected members” of the House, the HRET has jurisdiction to hear and pass upon. their qualifeations. Abayen v. HRET [G.R, No, 289466, Febuary 12. 2012i Palaran v. HRET [G.8. No. 32,7010) Tribunal GENERAL RULE: Ballots are the best and most conclusive evidence in an election contest where the correctness of the number of votes of each candidates. involved. Delos Reyes v. COMELEC [G.R. No. 270070, February 28, 20071, EXCEPTION: flection returns are the best evidence ‘hen the ballots are lost, destroyed, tampered or fake ‘Exeaution Pending Appeal: 1. Public interest 'sinvolved oF will ofthe electorate 2. Length of time that the election contest has been pending 3. Shortness of the remaining portion of the tern of the contested office. Pecson vs. COMELEC IGR, No, 182865, December 24, 2008). NOTE: A combination of 2 oF more will suffice to allow execution pending appeal, but shortness of the remaining period alone is not a ground for execution pending appeal. GENERAL RULE: The COMELEC cannot prodaim as winner the candidate who obtaine the 2° highest umber of votes in case the winning candidate 1s ineligible or disqualified. When 2 winner is declared ineligible, the, candidate who finished 2" cannot ‘assume the position. Quizon vs. COMELEC [545 SCRA 23,£ebruary 15,2008) POLITICAL LAW REVIEWER Page 167 of 214 eames‘Tue one who obtained the highest number of vetesis disqualified, and 2. ‘Theelectorate is fuily aware in fact and in law of a candidate's disqualification so as to bring such ‘awareness within the realm of notoriety but would smonethcless cast thelr votes in favor of the ineligible candidate. Pundae-daye vs. COMELEC 1GR.o 179313, September 17,2009), ABANDONMENT: A protestant who runt for another office is deemed to have abandoned his protest. Thisis especialy tue in a case where the protestant pending ‘the election protest, ran, won, assumed the post and sdschorged the duties as such, ldlee vs. COMELEC [427 ‘SCRATIA. Aont 14,2004] Requishes of Quo Warranto: 1. Filed byany registered voter in the constituency 2 Grounds: Dinekibity ® Disloyatty to the RP (ex. Having 2 preencard) 3. Wath BO days from prociamation of results GENERAL RULE: When prodaimed officer was isqualifed by quo warranto, second placer cannot be rodimed winner. Exception: When the one who got highest votes has ‘boon BO ane the electorate is fully aware of this fact ~ but they vored for him, ‘Sxemation pending appeal is allowed: must be for ‘urgent reasons. ‘Alone reasons: 1. Pubcintarest involved 2. Shonmess of remaining term 2. Length oftime that the contest is pending RAT OME DL ZLRE e eae ‘Committed onty as soon as campaign period starts. Any ‘Supposed premature campaigning cannot be prosecuted before start of campaign period. ‘Some Prohibited Aets: 1. Vote-buying or vote-seling 2. Wagering upon result of the election, 3. Threats, intimidation, terrorism, use of fraudulent devise, forms of coercion 4. Appointment of new employee Except when there Is urgent need; Notice given to COMELEC within 3 days from appointment, treation of new postions, promotion, or ranting salary increase 5. Carrying deadly weapon within radius of 100 meters. from precinct 6. Transfer or detail of government official ar employee ‘without COMELEC approval Not penalized if done to promote efficiency in government service. Elemente: a. Fact of transfer or detail within election period sb. Transfer or detail made without prior approval of COMELEC Full List of Election Offenses Under Sec. 68 of the OEC (Genie grounds for disqualification): 1. Vote-buvine: 2. Aas of zerrorism 3. Spending in excess of allowable mit 4, Soliciting recelving, or making prot ‘contributions 5. Campaigning outside period 6. Tamper with election propaganda © 7. Prohibited election propaganda €& Coercing subordinates to aid, campaign, or vote for a candidate 9. Using threat, intimidation, terrorism, fraudulent, devises 10, Soliciting votes or electionearing during registration day and election day within poling piace or withih 30 m radius 111, Public official or employee who releases, disburse, ‘or expend: public funds 4 days before cleciien oF 3¢ days before special election 12. PP holds. political conventions or meetings to nominate official candidotes carer than alowed period 13. Destroying or cancelling @ COC which has not been cancelled Page 168 of 214- 118. Mideading BE! by submitting false or spurious COC ‘to detriment ofa candidate 125, Recelving COC out of alowed time and making it ‘appear it was filed on time; or coercing the officer to perform tis act é 26. tterference with radio or TV broadcast of lawful political program - 17. Sofiting votes on election day ‘The task ofthe Comelec 2s investigator and prosecutor, es ‘acting upon any election offenses complaint, s not the physical searching and gathering of proof in support of 7 ‘2 complaint for an alleged commission of an election offense. A complainant, has the burden, as itis his responsiilty, to follow through his accusation and rove bis complaint. Klosbayan v, Comelec [G.R No. . ZMESS. October 16, 19971. ~ Under Article 1X, Section 2(b} of the Constitution, the Comelee &s empowered 10 investigate end, when appropriate, prosecute election offenses. | Under Section 265 of the Omnibus Hlection Cade, the Comeles, through its duly authorized legal officers, has the exclusive power: conduct preliminary 2 investigation ofall election offenses purishable under ‘the Ormibus Election Code, and to prosecute the same. * ‘Semelec v. Espafiol [417 SCRA 554, December 10. 2003). END OF DISCUSSION ON TOPIC XI. ELECTION LAW Xi. LOCAL GOVERNMENT ‘TOPICS UNDER THE SYLLABUS ‘A. Public corporations LConcept a) Distinguished from government-owned or controlled corporations 2 Gassifications a) Quasi-corporations 'b) Municipal corporations B, Municipal corporations 1. Elements. 2. Nature and functions 3. Requisites for creation, conversion, division, merger or dissolution ATENEO LAW siuuenomiz/eey C. Principles of local autonomy. D, Powers of local government units (LGUs) 1. Police power (general welfare clause) 2. Eminent domain 3. Taxing power 4. Closure and opening of roads 5. Legislative power a) Requisites for valid ordinance by Local referendum 6. Corporate powers a) To sue and be sued b) To acquire and sell property ©) To enter into contracts (i) Requisites (i) Ultra vires contracts 7. Liability of LGUs : 8, Settlement of boundary disputes 9, Succession of elective officials 20. Discipline of local officials a) Elective officials {)) Grounds initiative and suspension (iv) Removal (v) Administrative b) Appointive officials 11. Recall 12. Term limits TOPIC UNDER THE SYLLABUS: Xl. LOCAL GOVERNMENT A. Public Corporations 1. Concept May exist Independently and separately from the ‘ownership of the failities One can own said {acities without operatingthemas a public uty, oF conversely, one may operate a public utiity ‘without owning the facilities used to serve ‘the public. ‘> Relation inlaw by virtue (of which a thing, pertaining to one person is completely subjected ‘to his will in everything ‘not prohibited by 1aw or the concurrence with the rights of another ‘The exercise ofthe rights encomparsed in ownership is limited by {aw s0 thata property cannotbe operated and Used to serve tre pubic ts publ utility unless the operatorhas 2 franchise. NOTE: A puld-OperateTransfer grantee. is NOT. 2 PUBLIC UTILITY, The grantee merely constructs the tity, and it leases the same to the government. ts the vdowecrment which operates the public USiRY operation separate from ownership) To Whom Granted: 1. Filipino ctizens or 2. Corporations of assocations incorporated in the Phiippines end at least 60% of the capa! 's ‘owned by Flipino citizens. NOTE: A foreigner! foreign compary may own assets Of wuble uty corporation. What's not allowed the rant ofthe franchise to roa-tizens of the Philippines ‘Terms and Conditions: ‘L._ Duration: Not more than 50 years 2. Franchise is NOT exclusive in character 3 Franchise s granted under the condition that it iS abject to amendment, aeration, oF repeal PY Congress when she commn go0d so =eauire= Partilpation of Foreign Investors rare shal be limited to their proportionate share in RS ‘capital. 2. Foreigners cannot be apponted a: the exccutlie ‘and managing officers becouse POUTICALLAW REVIEWER Page 189 of 2143 These postions are reserved for Filipino citizens. Acministrative agencies may be empowered by the legioture by means of 3 law to grant franchises or similae authorizations. In this case, the Court ruled that ‘the Toll Regulatory Board (TRB) is empowered to grant 2 franchise for toll road projects. Presidential Decree No, 1112 provided further that the TRB has the power 10 amend or modi’y a Toll Operation Certificate that it ‘issued when public interest so requires. Accordingly, ‘there & nothing infimm, much less questionable, about ‘the provision in the MNTC (Manila North Tollweys Corp} Supplemental Toll Operation Agreement allowing the substitution of MINTC in case it defaults in ‘tsloane. ‘While the TRB is vested by law with the power to extend the administrative franchise or authority that it ‘gented, it cannot do so for an accumulated period exceeding SO years. Otherwise, it would vi proscription under Article XU, Section 11 of the 1987 Constitution, which provides that no public utlity franchise shal be for a longer period than SO years. Froncoeov, TRS 623 SCRA 470) Whie the Republic of the Philippines appointed etioner as the exclusive party to conduct petroleum ‘operations in the Camago-Malampayo area under the State's ful contro! and supervision, it does not follow ‘that petitioner has become the State's “agent” within the meaning of the law. An agent's. ultimate undertaking is to execute juridical acts thot would create, modly oF extinguish relations between his Principal and third persons, itis this power to affect ‘the prinopa's contractual relations with third persons that diferentates the agent from 2 service contractor, 9B. V, v. Efron Jalos, Pa 179918, Sey 8,2 PAGOOR is NO LONGER EXEMPT from corporate income tax-Under Section 11, Article XI of the Constitution, PAGCOR'S franchise is subject to amendment, ‘alteration or repeal by Congress a franchise partakes the nature of a grant, whic) is beyond the purview of the non-impaiment clause of the Constitution. Also, Artie XII, Section 11, of the 1987 Constitution. is explicit that no franchise for the ‘operation of a public utility shall be granted exceot Under the condition that such privilege shall be subject ‘0 amendment, alteration or repeal by Congress 2s and when the common good 30 requires, PAGCOR v. BIR, (GR. No, 172087, March 15, 2011) @ATENED Law sue aHoni2ee Franchises can be granted to companies whose capital is at least 60% Fillpino-owned. However, ‘capital here should be interpreted to include only voting shares. Hence, in the computation for ‘capita’, only common Stock will be considered and not preferred shares. 2. etal v. Finanes 0. 176578, June 28.2011, Police Power and Expropriation over Publkc Utilities 2. Police Power - When public interest requires, under reasonable terms, the State may temporarily take over the operation of eny privately owned publi utilty or The nature and extent of the emergency is the measure of the durotion and the terms of the takeover 2. Merely a practice of police power: just compensation isnot required, 3. This power is activated only when Congress dedlares a state of national emergency, 4, ‘Businesses affected with public interest" includes businesses which are quite similar public utilities, such as those having mass- based consumers, 2. Expropriation - The State may, upon payment of just compensation, transfer to public awnership utlities and private ontorprises to be operated by the government, in ihe interest of national welfore or efense. ‘TOPIC UNDER THE SYLLABUS: Xill. NATIONAL ECONOMY AND PATRIMONY E. Acquisition, Ownership and Transfer of Public and Private Lands E. ACQUISITION, OWNERSHIP AND TRANSFER OF PUBLIC AND PRIVATE LANDS Lands of tne pubilc comain are classified into: Code: MAN-F 1. Agricutural 2.> Forestor timber 3. Mineral lanes 4. National Parks POLITICAL LAW REVIEWER Page 190 of 214@ATENED LAW SUBmoniZae Redassifcation: 2. PUBUC (MINERAL AND. AGRICULTURAL) lands - Exchsive prerogative of the EXECUTIVE DOEPARTWENT. But this s only a delegated power. 2. FOREST AND NATIONAL PARKS - CONGRESS has ‘the sole power to reclassify. Note: 1. Cassication is descriptive of the legal nature of the land and NOT what it looks like. Thus, the fact vat Torest land is denuded does nat mean it is no longer forestland. 2 Only the President, upon recommendation of the DENR secretary, may now classy lands of public domain. This prerogative has bean delegated to i by Congres under CA 141.Director of lands v. Court of ‘Aupeat [129 SCRA 689, june 22,1984), 3. Classification should be-categorical; a land cannot have a mixed classification. For example: an owner of an agrcaturat land in which minerals are discovered thas no sight to utilize such minerals. The state may siscontinve his/her ovinership after just compensation in order to entract such minerals. Republic v Court of ‘Appeals 160 SCRA 225, 1988 A. Rechssication from fovest reserves into nonforest reserves - now exclusively 3 DENR prerogative; no need to ‘walt for Congressional concurrence. Apex Mining v. Mindanao Gold, IG.R. No, 152613 & No. 1152628, November 20, 20091, Regarding Alienable Lande of Public 1 ‘They can only hold ‘tenable lands of the public domain BY UAE 2. Period: Cannot exceed 25 years, senewablefor not ‘more than 25 years 3. Area: Lease cannot exceed 1,000 hectares Can lease up £0500 hectares 2. Con ACQUIRE not more than 12 hectares by purchase, homestead or grant NOTE: Acorporation sole 's treated tke other private comporations for the purpose of acquiring Dublic lands ‘Means by which Lond of Public Dominion Becomes Private Land: 1, Acquired from government by purchase or grant 2. Uninterrupted possession by the occupant and his Dredecessors-in-interest since time immemorial 3. Open, exclusive, and undisputed possession of ALIENAALE (agricutural) public land for a period of 30 years. 1L_Upon completion of the requisite period, the land becomes privete property ipso jure without need of any jucicial or other sanction, Possession since time immemorial leads to the presumption that the land was never oart of pubic domain, 3. In computing 30 years, start from when land was converted to alienable land, not when it ‘was still forest land 4. Presumption Is always that land belongs to the State, + A forested area classified as forest land of the public domain does not lose such clasifieation simply because loggers or setters have stripped it ofits forest cover. "Forest lands" do not have to be ‘on mountains of in out of the way places. The ‘lassifeation is merely descriptive of its legal nature or status and does not have to be escriptive of what the land actualy 100Ks ke. icv. Naguiat [G.R. No. nary 24, 20961. + NRAis on “end user agency” eutharized by law to ‘adminster and dispose of reclaimed lands. The ‘moment tiles over redaimed lends based on the special patents are transferred to the NHA by the Register of Deeds, they are automatically converted to patrimonial properties of the State which can be sold to Flipino citizens and arivate ‘corporations, 60% of which are owned by Flipinos. Chaves v. MHA IG.R. No, 264527, August 25,2007], + Redsimed foreshore end submerged lands are lands of public domain, and can only be alionated 3 private property if it is classified by competent ‘authority as alionable. Republic Encizo, [G.R. No. ‘260145, November 11, 2005 + Perfected mining clims under the Old Mining Law do not entitle claimant to private ownershin Diss v. Kalaht investments nc. [G.R, 48066, January 21, 198 Protection of indigenous Cultural Communities: POLITICAL LAW REVIEWER Page 191 of 2141 ‘The State protects the rights of indigenous cultural ‘communties fo their ancestral land subject to: 1 Constitutions! provisions 2 Subect to nations} development policies and Programs 2. Im detemining ownership and extent of ancestrat ‘domain, Congress may use customary laws on Property rights and relations. ANCESTRAL DOMAIN - It refers to lands which ate considered 25 pertaining to's cultural region. This ‘induces lands wot yet occupied, such 2= deep forests, a ccsesccee: ‘TOPIC UNDER THE SYLLABUS: XH. NATIONAL ECONOMY AND PATRIMONY F. Practice of Profession G. Organization and Regulation of Corporations, Private and Public H. Monopolies, Restraint of Trade and Unfair Competition * ‘The practice of all profession in the Fhilippines shall be limited to Filipino citizen: save in cases rescribed by law. & ORGANIZATION AND REGULATION oF (CORPORATIONS, PRIVATE AND PUBLIC PRIVATE CORPORATIONS - Congress can only Provide for the formation of private corporations ‘Swough 3 GENERAL corporation law. 2 GOES = Moy be created through SPECIAL GIARTERS or 2 GENERAL corporation law. H._MOMOPOLIES, RESTRAINT OF TRADE AND LUNEAIR COMPETTION 1. The Constitution does NOT prohibit the existence of monapotes. 2 The State may either regulate or prohibit ‘monopasies, when public interest so requires, 3. What ae prohitited are combinations in restraint oftrade and unfair competition *Restritions upon trade may be upheld when not ‘contrary to public welfare and not greater than i necessary to afford a feir and reasonable Protecion to the party in whose favor it is imposed * Gven contracts which prohibit an employee trom ereating'in business in competition with ,the O LAW. sptas ave 019 eve employer are not necessarily void for being in ‘restraint of trade. in sum, contracts requiring exclusivity are not per se void. Each contract must be viewed visdwis all’ the circumstances surrounding such agreement in deciding whether a Festrctive practice should be prohibited as imposing an unreasonable restraint on competition, v. luna [6.8 No. 153678, December 20,2006) END OF DISCUSSION On TOPIC XIN. NATIONAL ECONOMY AND PATRIMONY XIV. SOCIAL JUSTICE AND HUMAN RIGHTS TOPICS UNDER THE SYLLABUS: A. Concept of Social Justice 8. Commission on Human Right ‘A. CONCEPT OF SOCIAL JUSTICE SOCIAL JUSTICE - Embodiment of the principle that ‘those who have less in life should have more in lav. Social Justice is neither communism nor despotism, nor atomism, nor anarchy, but the humaniation of laws and the equalization of social and economic forces by, the State so that justice in its fational and objectively Secular conception may at least be approximated. ¥. Wilh ‘These provisions have to be implemented by Congress. NOTE: The 1987 Constitution advances beyond what was in previous Constitutions in that it seeks not only €conome social justice but also political secal justice. Principal Activitio: 1. Creation of more economic opportuni more weatth 2. Goser regulation of the acquisition, ‘ownership, use arid disposition ot property in order to achieve a more equitable distribution, of wealth znd political power 3. Creation oj economic opportunities based on sand freedom of initiative and selfreliance POUTICALLAW REVIEWER il een Page 192 of 214 ——@ATENED LAW suewonizet LABOR - Section. 3 of Article Xi elaborates on the Drovsion in Article i by specifying who are protected by the Constitution, whet rights are guaranteed, and ‘what posite measures the state should take in order toeshance the welfare of labor. nore: The right to orgenize is given to af kinds of worker's BOTH in the PRIVATE and PUBLIC sectors, 2. The workers have a right to hold peaceful ‘concerted activities EXCEPT the right to strike, which is subject to limitation by law. eg, Foiicemen, firemen, and public school teachers are prohibited from striking. 2. The workers have the right to participate on matters affecting their rights and benefits, “as ‘may be provided bylaw” ‘4. Partkipation can be through: Collective bargaining agreements Grievance machineries Voluntary modes of settling isputes Conciliation proceedings madisted by the government Roepe NAMAMCOVNFL ad not reistered as a labor organization. Not being 2 legtimete labor ergantation, NAMAMMCCH-NFL is nat entitle to those rights granted to a legitimate labor organization under Art 242, ‘specifically: 1) To act as the representative of its members for the purpose of collective bargaining : 2) Tabe certified a tho oxchusive representative ofall the employees in an appropriate collective bargaining unit for purposes of colective bergaining. Visayas No 2962561, [AGRARIAN REFORM - Must aim 2 1. ficient productien, 2 Equitable distribution of land which recognizes the right of farmers and regular farm workers who are landless to own the band they tlt 3. Ajust share of other er seasonel farm workers inthe fruits of the land NOTE: The CARL is an exercise of police power and power of eminent domain. To the extent that the CARL Drescribes retention lrits for ‘ancowners, there is an exercise of POLICE POWER. Where it becomes necessary to deprive owners of their land in excess of he maxznum allowed, there is compensable taking and therefore the exercise of EMINENT DOMAIN. Just Compensation involves not just value of loss to the ‘owner, but prompt payment. Ownership is transferred ‘upon full payment, and such payment need not be in cash, Scope of Agrarian Reform - Extends not only to private agricultural lands, but also to “other natural resources,” ‘even including the use and enjoyment of “cormmunsl ‘marine end fishing resources” and “offshore fishing ground” Agricultural land held by the Church in trust may be Subject to land reform. The land reform law does nat make a distinction between the various forms of ownership, whether in trust or absolutetitle, Urban or rursl poor dwellers cannot be evicted except according to law. Who Can Be Evicted: Code: Dic 1. Persons occupying dangerous areas 2 When government infrastructure projects with located funding are going to be implemented 3. When there is court order for eviction and emoliton Nia has authority to order relocation of persons and demolition of their property at part ofits mandate to Improve bignted areas. Lands acquited by the Nations! Housing Authority for resettlement purposes or housing development are exempt from the coverage of agrarian reform laws. ‘Such acquisition converts the land by operation of law from agricultural to residential. The National Housing Authority is nothoundte pay disturbance: compensation to eny tenant in possession of the purchased and, National we of agrarian Reforr tal. IG.R. No. 175200, May 4, 2030). 8. COMMISSION ON HUMAN RIGHTS Composition: (5) 1. Chairman ane 2 A members Qualifications: 1. NATURAL-BORN citizers ofthe Philippines 2 MAJORITY of the Commission must be mombers of the Philippine BAR POLITICAL LAW REVIEWER Page 193 of 218Nore: ‘sm of effice, other qualifications and disabilities shall be provided bylaw. ‘The ppoinunent of the CHR members is NOT subject '» CA confirmation; and The CHR is not of the same level asthe COMELEC, CSC, oF COA, Powers: Code:tACPEAMRAD 4. INVESTIGATE all focms of human rights viblatiors invohine cl or politcal rights, and RECOMMEND note: 2 Volations may be committed by public officers or by civilians or rebels. GIR cannot investigate violations of social sights. i 3. GBR has NO adjudicatory powers over cases involving human rights violations. 4. They cannot investigate cases where no rights - ae violated ‘eg There is no right to occupy government {and (squat), Therefore, eviction therefrom is NOT ahuman rights violation. 2 ADOPT operational guidelines and rules of procedure 3. CTE FOR CONTEMPT for violations of its rules, in ‘ccordance withthe Rules of Court. ‘4. PROVIDE APPROPRIATE LEGAL MEASURES for the Protection of the human rights of all persons, within the Philipines 2s woll as Flipinos residing abroad, and rosie for preventive measures and legal aid services to the underprivileged whose human rights have been Violated or need protection. NOTE: 1. The GIR CAN INITIATE COURT PROCEEDINGS ‘on behalf of victim: of human rights victors. 2 The CHR CAN RECOMMEND THE PROSECUTION of human rights violators, but eonnot itself prosecute these cases. 3. The CHR CANNOT ISSUE RESTRAINING ‘ORDERS OR INJUNCTIONS against alleged fruman rights violators. These must be ‘btained from the regular courts. 5. EXERCISE VISITORIAL POWERS over jails, prisons and ‘thes detestion Factites. 6. ESTABUSH CONTINUING PROGRAMS FOR RESEARCH, education and information in order to enhance respect forthe primoey of human rights @ATENEO LAW se aeonZS 7, RECOMMEND TO CONGRESS EFFECTIVE MEASURES ‘0 promote human rights and to provide compensation tovictims of human rights violations or thei families. 8. MONITOR COMPLIANCE BY THE GOVERNMENT with internationel treaty obligations on human rights. 9. GRANT IMMUNITY FROM PROSECUTION to any Person whose testimony or whose possession of documents or other evidence is necessary or convenient to determine the truth in any CHR investigation, 10. REQUEST’ ASSISTANCE from any depsrtment, bureau, office, or agency in the performance of its functions. 21. APPOINT ITS OFFICERS and employers. in. ‘accordance with law. 22, Perform such OTHER FUNCTIONS AND DUTIES as may be provided for by law. ‘The CHR does not enjoy fiscal autonomy as the Constitution grants fiscal autonomy only to the Constitutional Commissions under Art. 1X, the tudiciary, ‘and the Ombudsman. [CHREA v CHR, GR. No.1, July 21,2006] {A retirement plan imposing automatic retirement after 35 years of service before the statutory retirement age of 85 is valid if voluntarily entered into by : employee. Jaculbe_v, Silliman University [6.8 4156934, March 15, 2007). The due process guarantee cannot be Invoked when no vested right has beon acquired. Espinocila_ et al. v. 20071 Note: Jurisdiction is timited to human rghts, not economic rights, although, this can be expended by aw. END OF DISCUSSION ON TOPIC N. SOCIAL JUSTICE AND HUMAN RIGHTS XV. EDUCATION, SCIENCE, TECHNOLOGY, ARTS, CULTURE AND SPORTS ‘TOPIC UNDER THE SYLLABUS ‘A. ACADEMIC FREEDOM, POLITICAL LAW REVIEWER Page 194 of 214 eH‘A. ACADEMIC FREEDOM Power Tabismiss Students Schools hive the power to dismiss students, after due process for disciplinary reatons. ‘Aes committed outside the school may aiso be a ‘ound for disciplinary action if 2. & involves. violetions of school policies ‘eonnected to school sponsored activities. 2 The misconcuct affects the student’ status, ‘or the good name or reputation ofthe school. NOTE: The right to education in particular fields may be regulated by the State in the exercise of its police owes. For example, the State may limit the right to enter medical schoo! by requiring the applicants to teke the nar. ‘Mademic Freedoms ‘Schools have the freedom to determine: 1. Who may teach 2 whatmay be taught 3. Howt shall be tought 4. Who may be admitted to study Faculty Members Have: LL Full freedom in research and in the publication of the results, subject to the adequate performance of ther other seademic duties, 2. Freedom 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. 3. freedom from institutional censorship oF Gscipine, when ‘acuity members ‘speak or untein their copacity 0s citizens. ‘Students - They have the right to enjoy in school the (2narontees ofthe Bill of Rights, Lmitations: 1 Dominant police power ofthe State 2. Social interest of the community Budgetary Priority - Education must be assigned the highest budgetary priority. ‘NOTE: This command is NOT absolute. Congress is free to determine what should be given budgetary Prosty in order fo enable it to respond to the Ww sstpanaseon2e imperatives of national interest and for the attainment of other state policies or objectives. Integrated System of Education 1. Free movement from one school to another; or public to private and back. So. this means there is tne same program 2. Free public education in elementary and He levels & Elementary education is compulsory b. But cannot be subject to penal sanction; itis @ moral, not legal compulsion Free education: 2. Elementary 2. High School All educational institutions must include study of (Constitution in its curriculum FIUPINIZATION - Educational schools must be owned solely by citizens of Philippines or corporations with at least 60% Flipino capital, subject to change by Congress. EXCEPTION: those established by religious groups and ‘mission boards 1. Control and administration vested. in Philippine ciizens NOTE: This covers “line positions” eg. the President and the Dean, However, the faculty members may be foreigners 2. No schoo! established exclusively for aliens and aliens cannot be more than 1/3 of enrolment in any school. EXCEPTIONS: For schools for foreign diplomats and theic cependents, and ‘other foreign temporary residents, NOTE: Region may be taught in public schools subject tothe following requisites: 2. xpress written option by parents and guardians; 2. Taught within regular clacs hours; 3. Instructors are designated and approved by the proper religious authorities; and 4. WITHOUT ADDTIONAL “COST TO THE GOVERNMENT. POLITICAL LAW REVIEWER . ee ET al ele Page 195 of 214 eenEND OF DISCUSSION ON ToPIC XV. EDUCATION, SCIENCE, TECHNOLOGY, oe ‘CULTURE, ARTS, AND SPORTS XVI. PUBLIC INTERNATIONAL LAW ‘TOPICS UNDER THE SYLLABUS: A. Concepts . ‘Obligations erga omnes 2.dus cogens 3. Concept of aequo et bono ‘8. International and national law Sources D. Subjects LStates 2.Intemational organizations S.individuals Diplomatic and consular law F. Treaties G. Nationality and statelessness H. Treatment of aliens 2. Extradition a. Fundamental principles b. Procedure ©. Distinguished from deportation international Human Rights Law 1. Universal Declaration of Human Rights 2, International Covenant on Civil and Political Rights 3. International Covenant on Economic, Social and Cultural Rights 4. Intertional Humanitarian Law and neutrality 1. Categories of armed conflicts a. International armed conflicts b. Internal or non-international armed conflict - @ATENED Law gees, 2. Core i states in International Humanitarian law 3. ciples. of International Humanitarian Law a. Treatment of civilians 'b, Prisoners of war 4, Law on neutrality K. Law of the sea 1. Baselines 2. Archipelagic states a. Straight —_archipelagie baselines b. Archipelagic waters ©. Archipelagic sea lanes passage 3. Internal waters 4. Territorial sea 5. Exclusive economic zone 6. Continental shelf a. Extended continental shelf 7. International Tribunal for the Law of the Sea L International environment law 1. Principle 21 of the Stockholm Declaration ‘TOPIC UNDER THE SYLLABUS XVI. PUBLIC INTERNATIONAL LAW A. Concepts 1 Obligations erga omnes 2. Jus cogens a. Elements of Jus Cogens 'b. Jus Dispositivum v Jus Cogens 3. Concept of aequo et bono AL CONCEPTS: 1. OBLIGATION ERGA OMNES OBLIGATION ERGA OMNES: The term erga omnes (in relation t0 everyone) in international law tas been Used as a legal term describing obligations owed by POUTICALLAW REVIEWER Page 196 of 214@ATENEO LAW ‘States towatds the community of states as a whole. R,162230, April29, ‘Such obligations derive, for exemple, in contemporary lematond taw, from the outlawing of acts of ‘aggression, and of genocide, as aso from the principles ‘and rules concerning the basic rights of the human person, incuding protection from slavery and racial discrimination. Some of the corresponding rights of proteaion have entered into the body of generat imtemetional ‘lew... others are conferred by intemational instruments of 2 universal or ques universal character. Romulo v Vinuya [G.R, 162230, aeri79, 2010) 2 wscoctns JUS COGENS: In international law, the term "jus cagens” (iteraty, “compelling law") refers to norns iat command peremptory authority, cuperseding conflicting treaties and custom. Jus cogens norms are ‘considered peremptory in the senso that they are mandatory, do not admit derogation, and can be ‘mosiied ony by general international norms of ‘equivalent authority. Romulo v Vinuva IGR, 162730, Acsil28, 2010} ‘Though there was e consensus that certain intematond norms had attained the status of jus ‘cogens the ILC wes unable to reach a consensus on the proper citeria for identifying peremptory norms. Romulo Vinwya (G.R. 162230, April 29, 20 a Elements Of tus Cogens ‘norm accepted and RECOGNIZED by ‘The IVTERNATIONAL community of states 2s 3 whee NO derogation is permitted Which con only be modified ty a subsequent ‘norm having the SAME CHARACTER pe oun a treaty atthe time of its conclusion, conflicts with ascogens, tis voi. ‘The Philipines is NOT under a non derogable ‘bgaion to prosecute international crimas commited against its citizens. Romulo v Vinuya [G.R. 162230, ‘Apaz3, 2010) b. Jus Dispositivum vJus Cozens Seen ao MIZE UN Refer tonorms of ordinary | Refers to duties which Customary International Law | every state owes to the which are derived from the | international consent of states community as a whole 5a norm from which, ‘no derogation is permitted and can be modified only by a subsequent norm of Beneral Internal law having the seme character 3. BLAEQUO ET BONO EX AEQUO ET BONO: Its to rule in justice and fairness; equity overrides all other rules of law. The ICI has io ower to decide a case ex cequo et bono, unless all parties agree thereto TOPIC UNDER THE SYLLABUS XVI. PUBLIC INTERNATIONAL LAW B. International and National Law 1, Division of International Law 2.Monism v Dualism 3. Incorporation v Transformation a. Types of Transformation i. Hard Transformation Theory ii, Soft Transformation Theory 4. Conflict Between International And a. International Rule b. International Rule «. Fitzmaurice Compromise 5. Municipal Law 3. INTERNATIONAL LAW INTERNATIONAL LAW - Set of rules and principles that govern the relationships between States and other International actors which under Modern International Law include international Organizations, Transnational Comorations and individuats, 1 JONS OF INTERNATIONAL LAW ALAWS OF PEACE - governs the normal relations of a: States 2.LAWS OF WAR- ules during periods of hostility 3.LAWS OF NEUTRALITY - rules governing States not involved in the hostilities POLITICAL LAW REVIEWER Page 197 of 214@ATENED LAW 2 DUALIsM ‘Monists havea unitary concept of aw and sea all laws (both international and municipal law) es an integral partof the SAME SYSTEM. Iconic exists between international law and municipal iaw, intemationallow must prevail, ‘Domestic and international law are INDEPENDENT of each other, as they regulate different subject matters. International low rogulates the relations of sovereien states, while municipal law regulatas the Incernal affairs of @ state, Under DUALISM, no conflict con ever arise between international and municipal aw, because the twa systems ‘re MUTUALLY EXCLUSIVE. If International law is applied within a state itis only because it has been expressly Incorporated by municipal law. The PHILIPPINES is 3 DUALST state 3. INCORPORATION V TRANSFORMATION Pen aes ‘The generally ceapted ules of international lavr are not per se binding Upon the State but must first be embodied in legislation enacted by lawmaking body and so transformed into ‘municipal aw.Orly when 0 transformed wil they become binding upon the State as part of ts ‘municipal law. form par ofthe law of the land 29d no further legiative aaion is needed tomakesvch rules appicableinthe domestic sphere. tneorparation recogrined by the ‘constation [Art 2, Se.2, “The Phiipinesedopts the c5neraly accented princes of eznovionet low sport ofthe low of theo) ‘Types Of Transformation Theories i. Hard Trancformation Theory _SeeN awe Only legisation can traneform International Law inte ‘omestic law. Courts may apply International Law only when authorized by legislation |. Soft Transformation Theory luther a judicial or legislative act of a state can \vonsform international Law into domestic law, 4.CONFLICT BETWEEN INTERNATIONAL AND MUNICIPAL LAW ‘a International Rule Before an intemational tribunal, a state may not plead its own law as an excuse for fellure to comply with international law. The state must medify its laws to ‘ensure fulfilment of its obligations under the treaty, unless the constitutional violation iz monifest and concerns a rule of intemal law of fundamental importance. b. Municipal Rule When the conflict comes before a domestic court, domestic courts are bound to epply the domestic law Should 2 conflict arise between 20 international bgreement and tre Constitution, the treaty would not be valid and operative as domestic law. it does not, however, lose its character as international law. ¢. Hitzmaurice Compromise Assumes that since the two systems, international end: national law, do not operate in commron field, they can ever come into conflict. Each one of them is supreme. inits own domain, thereby any apparent conflict in the domestic field is automaticaly settled by the domestic confit rules of the forum ond any confit in the International field would be resolved by International aw. ‘TOPIC UNDER THE SYLLABUS ‘XVI. PUBLIC INTERNATIONAL LAW C. Sources 1. Primary Sources a. Treaty b. Customs i. Elements of Custom 1. State Practice 2. Duration POLITICAL LAW REVIEWER Page 198 of 214@ATENED LA seems B. Uniformity: ©. Generality Hi, instant Custom 2. Secondary Sources 2. hadicial Decisions bh Teaching of Highly Qualified Publicist i.Requisites for Qualified Publicist C sources 1. pauaany sounces = Treaty Xs am tmerational Agreement in written form cancioded between States thet may be embodied i one or more instrument, and is governed. by International Law. (Art. 2, Vienna Convention on the Law of Treat}. . custom \ Genero and consistent practice of states followed by ‘them froma sense of legal obligation. 2 Highly it Elements of Custom 1. STATE PRACTICE - & consistent and uniform external conduct of States. Generally, Hoth what states SAY and ‘what they DO are considered state practice. DURATION b UNIFORMITY © GENERALITY 2. OPRMO URIS - State practice must be accompanied with the conviction that the Stete is LEGALLY OBUGATED to do so by Intemational law, and not ‘Mhrough mere courtesy or. comity, or because of ‘humanitarian considerations. i mstant Custom Customary law may emerge even within a relatively short peried of ume, if within that period, State Practice has been uniform and extensive. It comes ‘bout as 2 spontaneous activity of a great number of ‘States supporting a specific line of action. Principles based on natural justice common to most ational systems of aw. 2 © G00d faith, estoppel, exhaustion of local remedies, unjust enrichment While the Philippines is not yet formally bound by the terms of thé Convention on enforced disdppearance ‘and has not formally declared enforced disappearance 2 a specific crime, the above recital shows that enforced disappearance as a State practice has been repudiated by the international community, so that the ban on it is now 2 generally accepted principle of International law, which we should consider a part of the law of the land, and which we should act upon to the extent already allowed under cur laws and the international conventions that bind us. Razon v. Tagitis ISR. ‘The Yogyakarta Principles [the Application of International Human Rights Law In Relation to Sexual Orientation and Gender Identity) has not yet evinced an Obligatory norm. in the Philippines. There are docleretions and obligations outined in said Principles which are not reflective of the current siete of international law, and do not find basis in aay of the Sources of international law enumerated under Artie 38(1) of the statute of the International Court of Justice. Petitioner has not undertaken any objective and rigorous analysis of these alleged princioles of international law to ascertain their true status. Ang Gar COMELEC Apell 8, 20301. SECONDARY SOURCES. S.JUDICIAL DECISIONS: 2. TEACHINGS OF MOST HIGHLY QUALIFIED PUBLICISTS 2. secon, ces a. Judicial De AA subsiglary means tor the determination of rules of Jaw thar is accestable so. long ac they rovrectly interpret and apply international law. Decisions of national courts, when applying international law, are acceptable. Page 199 of 214 Me woATENED LAW ‘The word ‘publicist’ means ‘learned writer. Learned writings, Hke judicial decisions, can be evidence of customary low, and can also play a subsidiary role in developing new rules of law. i Requisites For Qualified Publicist” ‘A "Highly 1. Fair and impartial representation of lew. 2 Acknowledged authority in the fel. ‘TOPICUNDER THE SYLLABUS XV), PUBLICINTERNATIONAL LAW D. Subjects: Subject v Object 2, States 2. Elements of a State b. Sovereignty v Independence € The Concept of Association of States 2. Intemational Organizations ‘@ National Societies 23. lncvicheals 4. Corporations Incomplete Subjects a Protectorates b. Federal State & Mandated and Trust Territories D. SUBIECTS: SUBJECT v OBIECT Hasriehts and duties —_ have eights and ‘under international aw | guties but are merely the object of subject's rights ad duties sci es Soa | et Hteanbeoprope pay | ts ighs are received and intrnsactonsimelsing_| is obigeions imposed the appicaionof indirect through the ‘temarallow among | insvomentaty ot on | members of he international sgeney Intemational commen unity 1. STATE totes, 3 2 subject of Intemational law, have international personality which means that they have the right to have thei claims respected internationally, ‘States have ABSOLUTE personality Statehood is objective, not subjective. Recognition does ‘not bestow statehood. A state is a state under international law if meets certain basic criterta. Elements ot a state Code: GSPT 1. GOVERNMENT 2, SQVEREIGNTY or the capacity to enter into relations with other States B.POPULATION 4. TEREITORY ». Sovereignty v independance Sovereignty and Independence are different. Sovereignty refers to to the supreme and luncontrollable power inherent in the state by which the state is govemed. Independence refers to the Power of a state to manage its EXTERNAL affairs ‘without direction o interference from another state & The cones OF ‘States ‘An aisociation is formed when two states of unequal ower voluntarily establich durable links. In the basic model, one state, the associate, delegates. certain respensibities to the other, the principal, while ‘raintaining its international status as 2 state, However, this concept is not recognized under the present Corstitution. The Constitution, does not contemplate ‘any state In this jurisdiction other than the Philippine State, much less does it provide for a transikory status that aims to prepare any part of Philiopine territory for indepondence. The Province of North Cotabato. GRP Panel.on Ancestral Domains [G.R:No 183501, October 24,2008), 2 INTERNATIONAL: Created by soveraign states and whose functioning is regulated by iotesationay law, act the law nf anv iver country. They have FUNCTIONAL personality which is limited to wnat is necessary to carry out their functions as found in the instruments of the organization, 2. National Societies POLITICAL LAW REVIEWER Page 200 of 214National Sodeties such as the Philippine National Red Gress act = ousilfaries to the public authorities of their own countries in the humanitarian field and Provide arenge of service including disaster celief and health and social programmes. National societies were bheld to be organizations that are diectly regulated by international humanitarian law, in contrast to other Ordinary private entities, including NGOs. The ausiliary status of «Red Cross Society means tt itis atone and. the same time a private institution and a public service ‘organization because the very nature ofits work implies cooperation withthe authorities, a link withthe Slate. The PNRC, as a National Society of the International Red Cross and fed Crescent Movement, Can neither “be classified ac an instrumentality ofthe State, 0 25 not to lose its character of neutrality” a: wall it independence, nor strictly as a private ‘corporation sine it is regulated by intemational ‘humanitarian law ard is treated as an auxiliary of the ‘State. Liban, Gordon [G.R. No, 175352, January 3g, 2011}, 3 mMOMIDUALS Under modern international law, man has LIMITED personaly. 4. CORPORATIONS “intemationalized Contracts” between 9 foreign ‘corporation and a state gives the corporation LIMITED. ‘personality by invoking in international law the rights ‘that may bederwved from the contract. ‘SS MCOMPLETE SUBJECTS a Br es Dependent states which have control over their The central ‘organ wal have personality in international law, but the eeent of the international personality of the component entities can be-a problem, © Mandated And Trust Tersitories Terrteries pliced by the League of Nations under one or other of the victorious allies of WW ATENEO LAW Sauaguomiz/ae TOPIC UNDER THE SYLLABUS XVI. PUBLIC INTERNATIONAL LAW. E. Diplomatic and Consular Laws and Immunities 1. Diplomatic and Consular Relations ‘a. Right of Legation i Types b. Diplomatic And Consular Immunities . Diplomatic v Consular Immu 2. State and Diplomatic Immunity a, Immunity, In General , State Immunity ‘Scope of State Immunity 1. Absolute 2. Qualified . Act of State Doctrine . Process of Suggestion ©, Immunity Of Foreign Armed Forces E. DIPLOMATIC AND CONSULAR LAWS AND. IMMUNITIES, DIPLOMATIC AND CONSULAR RELATIONS a Bl ation The right of @ state to maintain diplomatic relations with other tates Types: 2, ACTIVE - Right to send dipiomauc representatives 2. PASSIVE - Right to receive diplomatic representatives b. Dipiomatic And Consular a Personal Inviolability of immunity of premises Fight of protection Immunity from local jurisdiction on the basis of international custom 5, Exemption from taves ard ps ©. Involabilty of means of communication 7. Immunity from search of bag Aes POLITICAL LAW REVIEWER Page 201 of 214@ATENED Law © Diolomavie Consular immunity UNITY Relations) “Premises of the mission” | “Consular premises” -Indude the BUILDINGS — | include the BUILDINGS or or partsof buidings and | parts ofbuildings and the the aNd imespectiveot | LAND irrespective of ‘ownership used for the | ownership used Purposeotthemission | exclusively for the induding the RESIDENCE | purposes of consular post ofthehead of mission. The consular premises, their furnishings, the Property of the consular Dost and its means of ‘transport shall be imrrune from any form of Fequistion for purposes ofnational defence or Public uty. HF ‘expropriation is necessary for such purposes, all Possible steps shall be taken to avoid impeding the performance of consular functions, and Prompt, adequate and ‘effective compensation shall be paid to the sending State, L detained. L_ detaines. ee action + Thedbplomatic bag shall | + The consular bag shall ‘ot be opened or | note opened or ‘Sn B71 eet + Authorities may request that the bag be ‘opened in their presence by an AUTHORIZED. representative of the sending tate ifthey have SERIOUS REASON to beliove that the bag ‘contains objects ether thanarticles, documents, ‘correspondence or articles state ised by a VEHICLE, SEL or AIRCRAFT * A diplomatic agent is NOT obliged to give ‘evidence 02 a WITNESS, + Members ofthe | consular post MAY be called upon to attend ‘as WITNESSES, + Ifaconsular officer should deciine to 600, Nocor MEASURE or PENALTY may be opplied, POLITICAL LAW REVIEWER Page 202 of 214@ATENED Law spr e291 Ser ATE AND DIPLO} 1a ‘Immunity GENERAL RULE: The jurisciction of a state within its texitory iscomplete and absolute EXCEPTIONS: Sovereign immunity. and imemanity ‘4 state immunity ‘The state may not be sued without its consent. Ths is based on the principle of por in parem non hobet “imperium (an equal has no power over an equal). 1. Scope OF State Immunity 1 ABSOLUTE 2. QUAUIRED IMMUNITY/RESTRICTIVE APPLICATION OF STATE MAMUNTTY ‘State immunity now extends only to acts jure imperi, when the proceedings arise out of commercial ‘wansautons of the foreign sovereign its commercial actnities oF economic affoirs. However, it does not ‘paly where the contract relates to the svercice ofits sovereign functions. _USA v Guinto [6.h February 26, 1990 © Act Of State Doctrine ‘Courts of ane country wall not st in judgment on the 3ts ofthe goverpment of anther in due deference to the independence of sovereignty of every sovereign ‘tate POSS V Sandizanbavan IG R. No, 124772 August m,2071 The act of state docirine is one of the methods by which ‘States prevent theit national courts from deciding isputes which relate to the internal affairs of another State, the other two being immunity and non- Justiiably. isan avoidance technique thot is diecthy ‘elated to 2 State's obligation to respect the independence and equality of other states by not ‘requiring tem to Submit to adjusication in 2 national court or to settlement of their disputes without their consent.*it requires the forum court to exercise ‘straint in the aujucication of disputes relating to legislate or other governmental acts which a foreign ‘State has performed within its tertitoriallirits. BCGG V ES MIG.R.No. 124772 August 14,21 @. Doctrine of sovereign immunity Immunity from jriscction is enjoyed by both the head of state and by the state tse Process Of Suagestion ‘A process where the forelgn state or the international Organization sued in an American court requests the Secretary ‘of State to make 3 determination as to whether it is entitled to immunky. ifthe Secretary of State finds that the defendant is immune from suit, he, in turn, acks the Attorney General to submit to the Court'a “suggestion” that the defendant is entitled to immunity. In the Philippines, the practice is for the foreign ‘government or the international erganitation to fist secure an executive endorsement of its claim of sovereign or diplomatic immunity. The DFA has made the endorsement through the folowing: 2. A LETTER that the defendant cennot be sued because it has diplomatic immunity. International ration Commision v. Colles |, 120 SCRA 3302990), 2A Manifestation in Court and Memorandum as ‘amicus curiae. Baer v, Tizonl $7 SCRA 1 (1974)) ‘The fact thot the Solicitor General has endorsed claim Of ‘State's immunity from suit det NOT sufficiently substitute for the DFA certification. GTZ v. CAIGR No. 152318), April 16, 2009) The determination by the department is considered a Political question that is conelusive upon Philippine Cours f. Imenunie Foreign _ As Forces The rule in international law ie'that foreign armed forces allowed to enter one's territory are immune from local jurisdiction, except to the extent agreed {ypon. ihe Status of +orces Agreements, nvoivng foreign military units around the world: vary in terms and conditions, according to the situation of the parties involved! and reflect their bargaining power. But the Principle romairs, io, the receiving State can exercise Jurisdiction over the forces of the sending State only to POLITICAL LAW REVIEWER Page 203 of 214@ ATENEO Law saa W212 the extent agreed upon by the parties. Nicolas ¥. No. 1 ‘TOPIC UNDER THE SYLLABUS 26VL PUBLIC INTERNATIONAL LAW F. Treaty 1. Treaty v Executive Agreement Power To Negotiate And Senat Concurrence 3. Pacta Sunt Servanda ‘4. Rebus Sic Stantibus ‘a. Exceptions b. Exceptions to the Exceptions 5. Procedures in Treaty Making 6 Treaty Reservation 7. Grounds for Invalidity of Treaties & Termination of Treaties 9. CeanSlate Rule a. Exceptions F. TREATY % fs an meernational Agreement in written form conched between States that may be embodied in ‘one oF more instrument, and is govemed by Intemational taw. (Ast. 2, Vienna Convention on the Low of Treaties). 1. TREATY. EXECUTIVE AGREEMENT — - ‘SUBJECT MATTER: CODE: PNP CODE: TTA 2 Poumcattssues | 1. Avrangementsot 2 Changesin TEMPORARY nature NATIONAL Policy | 2, IMPLEMENTATION of 3. intemational tresties and statutes arrangements ofa | 3. TRANSITORY PERMANENT effectivity sharacter 4, ADJUSTMENT of details carrying out established national policies and traditions Dapsneireea naa ‘There are no hard and fast rules on the propriety of entering, an a given subject, into a treaty or an executive agreement as an instrument of international relations. The primary consideration in the choice of the form of agreement is the parties’ intent and desire to craft an international agreement in the form they 20 to further their respective interests. The matter of form takes a hack seet when it comes to effectiveness and binding effect of the enforcement af 2 treaty or an ‘ovccutive agreement, as the parties in either International agreement oach labor under the pocta ian ee rnee ineble-savan Muna v. Romulo 5 ebruary 1 2 JER TONE AND SENATE CONCURRENCE In the realm of trety-making, the President has the sole authority to negotiate with other states. I follows that Congress, while possessing vast legslative powers, ‘may not interfere in the field of treaty negotiations. While Article Vil, Section 21 provides for Senate concurrence, such pertains only to the valicity of the ‘treaty under consideration, not to the conduct of ‘egetiations attendant to its conclusion. Moreover, itis "ot even Congress as a whole that has been given the authority to concur as a meens of checking the treaty- eking power of the President, but only the Sonate. AKBAYAN v. AQUINO [6.R, No. 170525, July 16, 2008] ‘The signing of aareaty Is composed of two separate and distinct processes to which each requires the exclusive Prerogative and act of the executive and legisative. (One fs the signing of the treaty which is handled by the executive DEPARTMENT during the NEGOTIATION stage. The other is the RATIFICATION stage where the PRESIDENT ratifies a treaty but with the concurrence of 2/3 of the Senate. It ls within the power of the President to refuse to submit a treaty to the Senave or, having refused its Consent for ratification, refuse to ratify it. The Senate's role 's UMITED only to giving or withholding its concurrence to the ratification. The Senate cannot, by mandamus, compel the executive to tranemit a treaty for concurrence. Pimentel v. Executive Secretary IG.R. No. 158088, uly 8, 2008} 3. PACTA SUNT SERVANDA All perties to 2 Treaty must comply with their treaty ‘obigation in good faith, POLITICAL LAW REVIEWER Page 204 of 714- @PATENED Law = ‘Astate CAN AVOID PERFORMANCE Hf the treaty collides with its Constitution, but it CANNOT ESCAPE LIABILITY that it may nau 2s a result of such non-performanes. From the perspective of public international law, 2 treaty is favored over municipal law pursuant to. the rincible of pacta sunt servanda. &-party to a treaty is ‘20 allowed to invoke the provisions of is internal law 45 justification for its failure 10 perform a treaty, Nevertheless, as far as the Court is concerned, a treaty i always subject to qualification or amendment by 3 4. REBUS SIC STANTIBUS ‘The genera rue is that a FUNDAMENTAL CHANGE of CGraumstances is NOT A GROUND for a treaty to be suspended or terminated, a Exceations: 1. The ciraumstanceis the ESSENTIAL BASIS of consent, ™ 2. The obligation is TRANSFORMED RADICALLY that it ‘becomes burdensome or unreasonable. b. Exceptions To The Exceptions, 1 the treaty establishes @ BOUNDARY 2. fthe fundamental change’ is the result of @ BREACH by the party invoking it of an obligation under the tveaty oF of any other obligation ‘owed to any other party tothe testy, + Rebus se stontibus ic an exception tothe rule of pacta ‘sunt sevande. 5 IN TREATY MAKING Negotiation 2Serature 3 Ratification ‘Exchange ofestruments of Ratification “Segstration with Ut 5 TREATY RESERVATION It is a unilateral statoment made by @ State when ening, rattying, accepting. approving a acceding to 9 treaty, whereby it purports to exclude or to modity the legal effects of certain provisions of the treaty in their pplication to that Stace, speea gue m1 (Svat 7. GROUNDS FOR INVAUDITY OF A TREATY Code: DFEC 1. Duress 2. Jus cogens: 3. Froud 4. Error of fect 5. Corruption a MINATION (Cade: RAIN-DOVE-EL 2. Rebus sc stontibus 2. Accomplishment of purpose 3. impossibity of performance A. Novation 5. Extinction of one of parties, iftreaty i 6. Desistance of parties 7. Noidance of traaty 8. Outbreak of war 9.Loss of subject matter 10. Expiration of Term, 9. CLEAN SLATE RULE When one state ceases to exist and is succeeded by ‘nother on the same territory, the newly independent state is NOT BOUND to maintain ia force, or become 2. party to, ary treaty made by its predecessor although at the date of succession of states the treaty was in force with respect to the territory to which the succession of state relates. (Art. 16, Vienna Convention on the Succession of States with Respect to Treaties) Exceptions 2.When the new state agrees to be bound by the ‘treaties made by its predecessor 2.Treaties affecting boundary regime (uti possideris) 2.Customary International Law TOPIC UNDER THE SYLLABUS. XVI. PUBLIC INTERNATIONAL LAW G. Nationality and Statelessness 1, Nationality Prin 2. Stateless Persons a. De Jure Stateless: b. De Facto Stateless G. NATIONALITY AND STATELESSNESS POLITICAL LAW REVIEWER Page 205 of 2141. NATIONAUTY PRINCIPLE Every state has jurisdiction over its nationale even when those nationals are outside the state. 2. STATELESS PERSONS ‘Those who do not have a nationality, they are either de jure or defacto stateless. De Jure Stateless Persons ‘Those wo have lost their nationality if they had one, ‘and have net acquired a new one, >. De Facto statetess Persons ‘Those who have a nztionality but to whom protection '5 denied by their stato when out of the state, This 6 the situation of many refugees, ‘TOPIC UNDER THE SYLLABUS XVI. PUBLIC INTERNATIONAL LAW H. Treatment of Aliens 1. Protection of Aliens a, Standards of Protection 2. Extradition 2% General Rule on the Existence of Extradition Exception ii. Exception to the Exception b. Principle of Specialty Principle of Double Crit 4. Notice and Hearing Right to Bail £ Procedure ¢. Distinguished from deportation 3. Jurisdiction 2. Temitoriality Principle '. Nationality Principle Protective Principle 4. Universality Principle €. Passive Personality Principle inality H. TREATMENT OF ALIENS 1. PROTECTION OF ALIENS @ATENED LAW sEMmonZas San aspect of sovereignty, no state is obliged to admit aliens Into its territory unless 2 treaty requires it However, practically speaking. it Is dificult to deny admission to all. Therefore, what a state does is to impose legal standards for admission, Once an alien is admitted into a state, he/she cannot ke ‘expelled without due process. They are considered “nationals abroad” and remain Under its own state's protection Practice of proper treatment of aliens is based on the commonality of interests between states, in the epectation that a state's own nationals will be Drotected when resi¢ing or sojourning abroad. Vorious forms of ittreatment: mistreatment by judicial oF police authorities, unlawful expropriation of Property, failure to prosecute those who attack foreign nationals, or a denio/ of justice (denial of due process of the law) Peery MINIMUM FQUALITY OF Tae oasis Savor Alent are treated in the | However harsh municipal Same manner as nationals | law may be, aliens should, ofthe state where they | be protected by certain reside. The disadvantage | srinimum stendords of ‘o.this fs thata state may. | humane protection. This is teat ts own nationals | the widely accepted oppressively, which standard, would make aliens subject to harsh laws as well 2. EXTRADITION EXTRADITION - The removal of an accused from the Philippines ‘with the object of placing him st the disposal of foreign authorities to enable the requesting State or government to hold him in connection with eny ‘riminal investigation direciod against him or the etecution of a penalty imposed on him under the venal oF ciminal law of the requesting state or government. a General Rule: There can only be extradition if there is a TREATY between the states. POLITICAL LAW REVIEWER Page 206 of 214ATENEO LAW smanaHZnIZ et Outside a treaty, there is no rule in international law competing 2 State to extradite anyone. Such may be done, however, asa gesture of comity. 1. Exception ven with @ eaty, crimes with POLTICAL AND RELIGIOUS complexion are exempted. i, Exception To The Exception The assassination of the head of state or any member of is family is not regarded as political offense for ‘purpeses of extradition. it also apples for the crime of ‘genocide. This is also known as the “ATTENTANT cause” b. Principle Of Specialty “The general roe is 2 Fugitive who is extradited may be ‘wed only for the crime specifiad in the request for ‘extradition and such crime is included in the list of extratable offenses in the traaty. © Principle Of Double criminality According to this principle, a person may be extradited only when his/her actions constitute an offense in both ‘the requesting and requested states. This principle is now commonly accepted by States and is embodied in araditon Treaties. A party to an oxtradition treaty may ask the other party to extradiie a person for a crime committed before the effectivity of a treaty. does not wolate the prohibition against ex past facto laws. The constitutional prohibition applies to penal laws onty. The extradition treaty is nat a penal law. No. 113213, April 15, 29 d. Notice and Heating ‘A person does not have the right to notice and hearing ‘during the evaluation stage of the exiraaition process. Extradition is a proceeding sui generis, it is not @ ‘criminal proceeding which wil call into operation al the rights of an accused guaranteed by the Bil of Rights The process of extradition does not invelve the determination of the guilt or Innocence of an accused. ‘There is 90 deprivation of the right to due process. © Right to Bait An exraditee should not be deprived of his right to ~200Iy for bal, provided that a certain standard for the. rant is satisfactorlly met. The standard of proof required in granting oF denying bai in extradition cases {s clear and convincing evidence. Government of Hong ¥. Olalia, 21. [G.R, No,153675, April 19, 2 't bail can be granted in deportation aroceedings, there is ro justification not to allow it for extradition because both are administrative proceedings whee the innocence or gui ofthe partiesis not in issue. ~ 1. Procedure for Extradition (P.D. 1069}: 069) Fore'gn diplomat of the requesting state or government REQUESTS for extradition with Secretary of Foreign affalrs 2. DFA FORWARDS request to DO} 3. 00) FILES petition for extradition with RTC 4. RTC issues SUMMONS or WARRANT OF ARREST 19 ‘compel the appearance of the individual 5. HEARING (provide counsel de officio if necessary) 5. APPEAL to CA within 10 days whose decision shall, be final and executory 7. Decision FORWARDED to DFA through the DOs 8. Individual PLACED at the disposal ofthe authorities, of requesting stete-costs and expenses to be shouldered by requesting state 3. JURISDICTION a. Terrtoriality Principle The fundamental source of juriiction is sovereignty over territory. A state has absolute, though not necessarily exclusive, power to prescribe, adjudicate, and enforce rules for conduct within its territory, b. Nationality Principle Every state ‘has jurisdiction over its nationals even when these nationals are outsice the state Protective Princip of Jastice v.H i oy, A state may exercise jurisdiction over conduct outside an arr its territory that threatens is security, a5 long as that conduct is generally recognizes 2 crimvins) by the states in the international community POUTICALLAW REVIEWER Page 207 of 214@ateneo Law 4. Universtiy Priacnle Recognizes that cercain offenses are so heinous and so widely condemned that any state, if it captures the offender, may prosecute and punish that perton on. behalf of the world community regarcless of the nationaly of the offender or victim or where the crime ‘vas cormmitted. © Passive Personality Principle state may apply law - particularly criminal law to an 201 committed outside Its territory by a person not its rational where the victim of the act was its national, ‘This principle has not been ordinary accepted for ‘ordinary torts or crimes, but is increasingly accepted as, ‘applied to terrorist and other orgenized ‘attacks on a, ‘Sate's nationals by reason of their nationality, or to assassination of a state's aiplomatic representatives of other oficial. ‘TOPIC UNDER THE SYLLABUS XM. PUBLICINTERNATIONAL LAW jntemational Human Rights Law 2. Universal Declaration of Human Rights ‘. Rights Covered b. UDHR as Customary International lw 2. International Covenant on Civil and Political Rights Rights Covered b. Nature of the Obligations Non Derogable Rights 4. Lawful Derogation 3. Intemational Covenant on Economic, Social and Cultural Rights a. Rights Guaranteed ». Nature of State Parties Obligations i. General Duties / Obligations of States Specific Obligations under Article 2 opeRATiOns2 DI Zime ae |. INTERNATIONAL HUMAN RIGHTS LAW nev DEK 1D) ‘The UDHR is the basic international statement of the inalienable and inviolable rignts of human beings. itis the first comprehensive international human rights instrument, 2. Rights Covered 1. Chil and poftical rights 2. Economic. social. and cultural rights >. UDHR a6 Customary International law Rights covered by UDHR are customary international law, hence, ever during the times when the bill of Fights under the Constitution are inoperative, rights under UDHR remained in effect. Republic v, Sandiganbayan [G.R. No. 108768. July 21, 2003] 2. INTERNAS /ENANT ON CIVIL AND POLTICAL RIGHTS {ICCPR) 2 Rights Guarantee |L.Right of the peoples o sef-ceterminacion 2.Right to an affective remedy 5.£qual rights of men and women in the enjoyment of vil and goltical rights/ non-dscrimination on the basis, S.Freedom from torture or cruel, inhurnan or degrading punishment 6.Freodom from slavery 7.Right toliberty and security of person Bight to be veated with humanity in cases. of deprivation of inerty S.Freedom from imprisonment for fallure 10 fulfill a contractual obligation 10 Freecom of movement and the right 10 travel 11 Right to a fair, impartial and public rial 12 Freedom from ex post fact laws I3.R~ght of recognition everywhere as @ person before the fw Aa Rightto privacy 35 Freedom of thought, conscience, and religion 16 Freecom of expression 17 Freedom of peaceful assembly 18, Freedom of association ‘9.Right to marry and found a family POLITICAL LAW REVIEWER Page 208 of 2142o.Right ofa child to protection, a name and nationality _2LRight to participation, suffrage, and eccess to public Daightto equal protection before thelew Bight of minorities to enjoy their own culture, to profess and practice tier religion and to use their own language. b. Nature of the Obligations under Ieee Obigations under the ICCPA are both POSITIVE and NEGATIVE OBUGATIONS. Pasitive Obligation to parform, 2c to protect rights of an incividuel and Negative Obligation to prevent acts violative of rights © Non-Derogable Rights Light tite 2. Freedom from torture or cruel, inhuman or ‘degrading punishment 2. Freedom from slavery 4 Freedom from imprisenment for failure to fulfill 3 ‘contractual obligation 5. Freedomfrom ex post fact laws & Right of recognition everywhere. as a person before the aw 7. Freedom of thought, conscience, end religion ven intimes ofnational emergency, no derogation cen bemede. 4. Lawful Der “CPR [A state party to the ICCPR MAY DEROGATE from the ‘weeny in times of PUBLIC EMERGENCY which threatens the ie ofthe nation. Such measures required by the ‘2igencies should NOT be INCONSISTENT with their other obligations under INTERNATIONAL LAW and must ot inwolve DISCRIMINATION solely on the ground of ce, 20% reigon etc. 2 ENANT ON ECONOMi cUL R) 2. Rights Guarantood Right of self. determination, ‘2Rightto work and accompanying rights thereto Right toSocial Security and other social nghts, ‘4 Adequate standard of living including SRighttoadeqate housing PATENED LAW saeomizart 6.Right to adequate food Tight to adequate clothing B.Right to health 9.Right to education 20.Cahurat rights b. State parties’ obligations i ICESCR General Dutios/ Obligation: Of states 1. RESPECT - Refrain from inter‘ering with enjoyment of Fights. Thus, there is violation if it engages in forced eviction, 2.PROTECT (negative obligation) - Prevent violations by third parties. Thus, faiure to ensure compliance by private employers with basic labor standards violates the right to work, BFULFILL (positive obligation) - Take appropriate measures (legislative, judicial etc) towards the full realization of the rights. Thus, the states’ failure to provide essential primary neath care to the needy amounts to aviolation 4, Specific“ Obligations under Article2 1. Take steps to the meximum available resources, towards the progressive realization of the rights in the covenant. 2.tlon-discrimination = States guarantee the exercise of the rights without ciscrimination ‘TOPIC UNDER THE SYLLABUS. XVI. Public International Law J. International Humanitarian Law And Neutrality 2. Armed conflicts a. International armed conflicts i. Jus Ad Bellum 1, General Rule on the Force a. Exceptions: Self Defense b, Authorized Military Action i. Jus in Bello 1. Military Necessity 2. Proportionality POLITICAL LAW REVIEWER Page 209 of 2143. Distinction 4. Perfidy ‘b. Internal or non-international armed conflict ‘War of national liberation 2 Core Intemational obligations of states in teternational Humanitarian Law 3. Principles of International Humar a Requisites for Humanitarian Intervention b Treatment of civilians < International Human Rights Law v International Humanitarian Law ‘@ Combatants v Non Combatants e. Prisoners of war 4. kawon neutral 5. Intemational Terrorism, ian Law JLINTERNATIONAL HUMANITARIAN LAW AND (NEUTRALITY ARMED CONELICTS ARMED CONFLICT exists if one party used force of arms ‘against another party. FOR an amed confict to be considered a war, hostities must be preceded by a declaration of war or 3n ubiatum with a fixed limit. This Is rarely followed. Usually it isthe victim of the first attace which will be ‘the ones decoring war. In the Philiopines, the power to decare war is in the legislature while the power to ‘make war isin te execute. International Armed Conflicts i. Jus Ad Bellum- use of armed force 1. GENERAL RULE: Under Article 2(4) of the UN Charter, al member States are ound to refrain from the THREAT of USE of force against the territorial integrity orpoliscalindependence ofa State. ‘a. Exception: SELF-DEFENSE ANTICPATORY SELF DEFENSE: Article St of the UN Charter recognizes the inherent right of states to self elense fan armed atiack occurs, COULECTIVE SELF DEFENSE: Before a state can be Juste in assisting another by way of colective self - defense: 4. The second state must bea victim of an armed attack 2. The second state must request from the first state riitary assistance SELF DEFENSE v. JUST WAR DSTA Permits only the use of | Once a state has 2 valid force to put an end to an | reason for resorting to armed attack and to any | force, there is no limit on ‘occupation of territory or | the extent of force which ‘Other forcible violation of | could be employed. Fights which may have been committed, Armed attacks include not only action by. regular ‘armed forces across an international border but also sending by or on behalf of the Stete of armed groups, bands. iregulars er mercenaries. AUTHORIZED MILITARY ACTIONS by the jonal organizations (such as NATO) | Jus in Bello- Regulation of the conduct of armed conflict AIMIUTARY NECESSITY. The only legitimate object Wihich states should endeavour to accomplish during the war fs to weaken enemy forces. 2.PROPORTIONALITY - Boligerent: may employ any amount and kind of force to compel complete submission of enemy with least possible loss of lives, time, and money. 3.PRINCIPLE OF DISTINCTION. Requires states to istinguish betwreen combatants and mlltary objectives fon the one hand, and ron.combatants ond civilian objects on the other and to direct their attacks only ‘against the former 4PERFIDY ~ This principle prohibits the use of any treacherous means and methods of warfare POLITICAL LAW REVIEWER Page 210 of 214They ae armed conflicts that take place in the territory ‘of 2 High Contracting Parry between its armed forces and disident armed forces or other organizes armed: ‘gF0URs which, under respontible command exercise auch control over a part of lis territory as to enable them to carry out sustained end concerted siltary ‘operations. (Protoco! Definition Of Internal Armed Confit) HOWEVER, it does not include internal situations such 5 rts, isolated and sporacic acts of violence, other ‘cts of Sinitar natu PROTOCOL li requires control over territory. For this Teason the Philippine-NOF conflict isnot governed by Protocol W but the GENEVA CONVENTION COMMON. ARTICLE Mt which requires only minimum humanitarian protection eras, FIL, p. 317). 4. Wer of National Liberation Arined conflicts in which people are fighting against colonial domination ond alien occupation and against ‘adst regimes in the exercise of their right of seif- ‘etermination. Those engaged in such a conflict receive combatont status and are entitled to combatant rights ‘and Cuties PROTOCOL I) 2. PRINCPLES ON INTERNATIONAL, \BUMANITARIAN LAW. > Requirement for Humanitarian Intervention | There are grave and mazsive hun rights violations 2, The other Sate is incapable or unviling to meet the rereoss 3. There Is no other practical altemative than to intervene 4. Theadion should be limited in time and scope. >. Treatment 61 civilians Parties to 2 conflict shall at all times. eistinguish etween the dvlian population and combatants in Corder to spare civilian population and property. Neither ‘the cviian population as such ner civlen persons shall bbe the object of attack. Attacks shall be directed only _against miliary objectives, 'tis forbidden to kilo injure an enemy who surrenders (0 is hors decombat, Coliaceral damage to a certain extent is alowed but it should not be excessive. Journalists are protected 2s civilians provided that they take no ection adversely affecting their status 6 civilians, Combatants are not entitled to the rights afforded to chullans | Humanitarian tay eee rarer et ‘Aimed at protecting the individual | Ensuring minimum protecion of vets it armed conflicts by outiawing excessvehuman safferng material Sestruconin the ltof military necessity Ces gaaian nature, | Wider personal temporal & | although non-dserimination Imeterlfeldsof | is guaranteedwithregerd co applic the enjoyment ofthe rehts afforded by this law | Non-discriminatory treatment to everybody at alltimes (peacetime or /war/fupheaval) Both will apply [simuktaneously in times of international & non- international armed conflicts d.Combatants v Non Combatants COMBATANTS: 1) Armed Forces-allits | With POW Status organized armed forces | groups and units Judges Note: Children below | Blue-Collar Worker | the age of 25 shall not | Covernment Officials lake direct partin P POLITICAL LAW REVIEWER@ATENED LAW Toss Engineers 2) Paraminary/ armed | NoPOW Status Law Enforcement Agencies: eg uhen vlan police transforms as part of armed forces Medical and Religious Personnel 3) Levee en masse- inhabitants of territory which hae not yet been occupied who, ‘on the approach of the enemy. spontaneously take up ams to resist the invading troop 4)Spies-no POW status 5) Reconnaissance Forces © Prisoners Of Wor (POW) ‘risonessof war are captured for security reasons and not for punishment General Rule: A prisoner of war shall not be liable to judidal prosecution even If he has committed to ‘aciitae escape e.g, theft, drawing of false papers) Except: when the escapee has used violence against ife and lim during his excape LeRights of Prisoners of War 1. Tobe treated HUMANELY 2. Not subject to TORTURE 3. Allowed to COMMUNICATE with their families 4, Receive FOOD, clothing, religious articles, medicine ', Bareminienum of INFORMATION 6. Heep PERSONAL belongings 7. Proper BURUAL 8 Sroup according to NATIONALITY 9. Stabtsheent ofan INFORMED BUREAU. 10. REPATRIATION for sick and wounded ‘The wourded and the sick shall be collected and cored for by the party to the conflict which has them in its ower. Protection also covers medical personnel, speeng489 D1 DGS establishments, transports and equipment. (RED (CROSS, RED CRESCENT, RED CRYSTAL), 4. NEUTRALITY {In a conflict there are some who wish to stay out of the way and adopt an ctitude of impartiaity. Such an attitude must be recognized by the opposing party- States and creates both rights and duties in the neutral states. the decision to employ 2 neutral stance is dictated by poltical/internal mechanisms and not PIL Neutral states must not engage in activities which interfere with the activites ofthe beligerents while the latter respect the former's rights, 5. INTERWATIONAL TERRORISM, ‘mn international law, it is difficult to. criminalize terrorism becouse of the difficulty in defining the Drohibited act. The draft definition (at the International Convention for the Suppression of the Financing of Terrorismie 23 follows: ‘An act done by any person intended to cause (a) death or serious bodily injury to any person, or (b) serious darrage to a State or Government facility with intent to ‘cause extensive destruction of such a place, faclty oF system, oF where such destruction results or is likely to resuit in major economic loss, when the purpose of such an act isto intimidate a population or to compel 2 Government or an international organization 10 do of abstain from doing any act. TOPIC UNDER THE SYLLABUS. XVI. Public International Law K. Law Of The Sea 1. Baselines 2. Archipelagic States. 2. Straight Archipelagic Baselines b. Archipelagic Waters . Archipelagic Sea Lanes Passage i. Right of Innocent Passage 1. Definition 2. Rules on Innocent Passage 3. Internal Waters 4. Territorial Sea 5. Exclusive Economic Zone 6. Continental Shelf a. Extended Continental Shelf 7. Contiguous Zone POLITICAL LAW REVIEWER Page 212 of 214@ATENED LAW 8. High Seas Allowable Acts at the High Seas 9. Bays 10. Intemational Tribunal for the Law Of The Sea LAW OFTHE SEA 2 BASELINES, 2. Normal Baseline Method “The territorial see is drawn from the low-water mark of the coast to the breadth claimed, following its ‘curvatures but excluding the internal waters in bays and guts. b. Straight Baseline Met Straight tines are made to connect approotiate points, on the coast without departing radically from its general rection. The waters inside the linet are considesed intesnal. This is the method used by the Philippines in drawing basalines. 2. ARCHIPELAGIC STATES 2. Straight Archipelogic Baselir Straight lines are mace to connect appropriate points fon the coast without departing radically from ite general direction. The waters inside the lines are considered internal. This is the method used by the Philipines in drawing baselines. b. Atchinelagic Water waters covered by the stcight baseline which are areas which had not previously been considered as, such. Thishas aright of innocent passage. © Archipelagic Sea Lanes Passage i, Right of Innacent Passage Innocent passage is passage that it net prejudicial to the peace, good order or security of the coastal state The rue on innocent passage applies to ships and sireras. Submarines must surface, spepeaneD 012 Ges i. Hot Pursuit 1, Involves a foreign vessel and where there is good reason to believe that the ship has violated laws or regulations ofa cosstal state. 2.Rules: a.The pursuit must commence when the foreign vessel is within the: 1. CONTIGUOUS zone 2. INTERNAL waters 3. TERRITORIAL sea AL ARCHIPELAGIC waters ofthe pur b. Itmay continue into the HIGH SEAS if the pursuit has NOT been INTERRUPTED. €. Ifthe foreign ship isin the CONTIGUOUS zone, it may be pursued only for violations of the rights of the coastal state in the contiguous zone (customs, fiscal, immigration, or sanitary). ‘dlot pursuit must STOP as soon a the ship pursued centers the territorial waters of its OWN state or of @ THIRD state. elt may be carried out only by WARSHIPS or MILITARY AIRCRAFT, or any other ship or aircraft properly MARKED for that purpose. 3. INTERNAL WATERS Zl waters (part ofthe sea, rivers, lakes, otc.) landward: from the baseline of the territory. Sovereignty over these waters is the same in extent a5 sovereignty over land, and there is no right of innocent passage. Where the establishment of 2 straight bassline in ‘accordance with the method set fortn in artice 7 has the effect of erclosing as internal waters areas which had not previously been considered as such, a right of innocent passage 95 provided in this Convention shall, exist in those waters. (Article 8, UNCLOS) ‘TERRITORIAL SEA Bek of sea outwards from the baseline and up to 12 nautical rriles boyond. Sovercignty over these waters {including the airspace above it and the seabed uncer it) is the seme extent as its sovereignty over land, there is po right of innocent passage. POLITICAL LAW REVIEWER Page 213 of 214SBR MED 02 (Get 5. BICWWSIVE ECONOMIC Z0NE ‘An ares extending not more than 200 nautical miles beyond the baseline. The coastal State has rights over the economicresources of the sea, seabed and subso! - bat the right does not affect the right of navigation and overfight of ether states. ‘The primary obligations of coastal states are: :LPropes consesvetion anid management measures that the living resources of the EEZ are not subjected to overempotation; 2.Promete the objective of “optimum utilization” of the living resources. 6. SONTINENTAL SHELE ‘Atso known a5 the archipelagic of insular shelf which refersto: Lhe seahed and subsoil of the submarine areas acjacent to the coastal state but outside the territerial 509, to 9 dopth of 200 meters, or beyond that limi, to where thedepth allows exploitation, and 2.The seabed and subsoil of areas adjacent to islands & Extended Continental shelt és part of the Continental Shelf that lies beyond the 200 nautical miles from the coastal baselines 7. goMMGUOUS ZONE Area of water not exceeding 24 nautical miles from the baseline. thus extends 12 nautical miles from tho edge of the teritoria sea In the contiguous zone, the coastal State may exercise the controlneceatary to: 1. Prevent infingernent of ts customs, fiscal, immigration, or sanitary lam and regulations within ‘eritory orterrtorial sea; 2. Puvish iaftirgement of "the above laws and lates cerned within it territory oF Terditial Gn SEAS All parts of the sea that are not included in the Lersitorial sea orn the internal watersol a State (Art 1 Geneva Convention). ‘& Allowable Acts in The Hizh Seas 1. Freedom of NAVIGATION 2. Freedom of OVERFLIGHT 3. Freedom of sciontific RESEARCH 4. Freedom to construct artificial ISLANDS and. structures, 5. Freedom of FISHING 6. Freedom to LAY submarine cables and pipelines wdontation whose penstration is in such proportion to the width of its mouth as to contain landlocked areas ond constitute more than a mere curvature of the coast. An indentation shall not be ‘egerded as a bay unless its area is as large a, oF larger than, that of the semi-cirele whose diameter is a line drawn across the mouth of that indentation, 10. INTERNATIONAL TRIBUNAL FOR THE LAW OFTHE SEA ‘The International Tribunal for the Law of the Sea is an independent judicial body to adjucicate disputes arising out of the interpretation and application of the UNCLOS. Its the proper verue to resolve the issue on. the RP Bacelines taw. TOPIC UNDER THE SYLLABUS XVI. Public International Law International Environment Law 1. Principle 21 of the Stockholm Declaration L INTERNATIONAL ENVIRONMENT LAV Principle 21: States have the sovereign right co exploit heir own resources pursuant, to thelr own environmental policies, and the responsibilty to ensure that activities within their jurisdiction or control do not cause damage to the environment of other states or of areas beycnd the limits o! national juriscietian, END OF DISCUSSION ON TOPIC XVI. PUBLIC INTERNATIONAL LAW POLITICAL LAW REVIEWER Page 214 of 214